NY Env Conserv L § 11-0303 (2021)
2021 New York Laws ENV - Environmental Conservation Article 11 - Fish and Wildlife Title 3 - General Powers and Duties of the Department 11-0303 - Management of Fish and Wildlife Resources; General Purposes and Policies Governing Manner of Exercise of Powers.

§ 11-0303. Management  of  fish and wildlife resources; general purposesand policies governing manner of exercise of powers.1. The general purpose of powers affecting fish and wildlife,  granted   to  the  department  by  the  Fish  and  Wildlife Law, is to vest in the   department, to the extent  of  the  powers  so  granted,  the  efficient   management  of  the  fish  and  wildlife  resources  of  the state. Such   resources shall be deemed to include all animal and vegetable  life  and   the  soil, water and atmospheric environment thereof, owned by the state   or of which it may obtain management, to the extent that they constitute   the habitat of fish and wildlife as defined  in  section  11-0103.  Such   management   shall  be  deemed  to  include  both  the  maintenance  and   improvement of such resources as natural resources and  the  development   and  administration of measures for making them accessible to the people   of the state. To obtain these results it shall include,  to  the  extent   authorized  by  law,  the  undertaking  and  execution of reciprocal and   cooperative arrangements with the government of the United States,  with   other  states,  and  with  other departments and agencies of this state,   political subdivisions and public corporations of this state and  owners   and  lessees of privately owned lands and waters, and shall also include   continuation of research and educational programs.2. To such extent as it shall deem feasible without prejudice to other   functions in the management of fish and wildlife resources of the  state   and  the  execution  of  other  duties imposed by law, the department is   directed, in the exercise of the powers conferred upon  it,  to  develop   and  carry  out  programs and procedures which will in its judgment, (a)   promote natural propagation and  maintenance  of  desirable  species  in   ecological  balance,  and (b) lead to the observance of sound management   practices for such propagation and maintenance on lands  and  waters  of   the  state, whether owned by the state or by a public corporation of the   state or held in private ownership,  having  regard  to  (1)  ecological   factors,  including  the need for restoration and improvement of natural   habitat and the importance of ecological balance in maintaining  natural   resources;  (2)  the  compatibility of production and harvesting of fish   and wildlife crops with other necessary or desirable land uses; (3)  the   importance of fish and wildlife resources for recreational purposes; (4)   requirements for public safety; and (5) the need for adequate protection   of private premises and of the persons and property of occupants thereof   against  abuse  of  privileges  of  access to such premises for hunting,   fishing or trapping.3. The department  may,  until  December  thirty-first,  two  thousand   twenty-four,  fix  by  regulation measures for the management of striped   bass, including size limits,  catch  and  possession  limits,  open  and   closed  seasons,  closed areas, restrictions on the manner of taking and   landing,   requirements   for   permits   and   eligibility    therefor,   recordkeeping  requirements,  requirements  on  the  amount  and type of   fishing effort and gear, and requirements  relating  to  transportation,   possession  and  sale,  provided  that  such  regulations  are  no  less   restrictive than requirements set forth in  this  chapter  and  provided   further  that  such  regulations  are  consistent  with  the  compliance   requirements of applicable  fishery  management  plans  adopted  by  the   Atlantic   States   Marine  Fisheries  Commission  and  with  applicable   provisions of fishery management plans adopted pursuant to  the  Federal   Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).