NY Env Conserv L § 11-0305 (2021)
2021 New York Laws ENV - Environmental Conservation Article 11 - Fish and Wildlife Title 3 - General Powers and Duties of the Department 11-0305 - General Powers and Duties of the Department.

§ 11-0305. General powers and duties of the department.In addition to the powers and duties provided in other sections of the   Fish  and  Wildlife  Law, the department shall have the following powers   and duties:1. To sell or furnish trees, shrubs and  other  plants  to  owners  or   lessees of private lands situated in the state on such terms as it deems   to be for the public benefit;2. To issue the licenses and permits provided for by law, to fix their   terms,  and  the  fees therefor, when no statutory provision is made, to   designate agents to sell and promote the  sale  of  licenses,  to  adopt   procedures  for  the  issuance  of licenses, to establish the design and   format of licenses and the  information  to  be  contained  thereon,  to   provide  where  it  deems  appropriate  for  tags  and buttons, to adopt   license conditions respecting tagging or identifying fish  and  wildlife   being possessed or transported, to establish procedures and requirements   for  reporting  license  sales  and  handling  and remittance of license   revenues by persons or entities issuing such licenses,  to  provide  for   acceptable  methods  of  payment of license fees, and to revoke licenses   and permits as provided by law;3. To regulate the taking of fish in any manner  other  than  angling,   except as to migratory fish of the sea within the marine district;4.  To  increase by regulation the size, as established by statute, of   mesh of nets that may be used for taking fish;5. To declare by regulation that waters, specified in the  regulation,   are  not inhabited by trout, whenever it shall determine that the waters   specified in the regulation,  previously  inhabited  by  trout,  are  no   longer so inhabited, or shall determine that the waters specified in the   regulation are unsuitable for trout;6.  To  control, manage, propagate and distribute, and to regulate the   transportation, importation and exportation  of  shellfish,  cephalopoda   and crustacea;7.  To  regulate  the examination and inspection of shellfish grounds,   boats used in taking and buildings used for storage  of  shellfish,  the   handling  and  shipment  of  shellfish,  the  floating of shellfish, the   removal  of  shellfish  from  unsanitary  beds  and  their  deposit   on   unpolluted grounds;8.  To  enforce all laws relating to lands under water which have been   or shall be designated, surveyed and  mapped  out  pursuant  to  law  as   oyster  beds  or  shellfish  grounds  and to grant leases of such lands,   belonging to the state, for shellfish culture, according to law;9.  To  conduct,  manage  and  control  all  hatching  and  biological   stations,  game farms, game refuges, rearing stations and public hunting   and fishing grounds owned or operated by the state;10. To enforce all  provisions  of  the  Fish  and  Wildlife  Law  and   regulations  pursuant  thereto, and all laws relating to fish, wildlife,   protected insects, shellfish, crustacea and game;11. To settle or compromise in its discretion any action or  cause  of   action  to  recover a penalty under the provisions of this chapter as it   may deem advantageous to the state;12. To grant refunds of moneys erroneously received by the department,   within two years of receipt  thereof  and  upon  satisfactory  proof  of   entitlement,  which refunds, upon approval of the commissioner and audit   by the State Comptroller, shall be paid from any moneys available to the   department in the Conservation fund.13. Notwithstanding any  other  provision  of  law,  to  regulate  the   possession,  transportation, sale, barter and purchase of Pacific salmon   and parts thereof; and to require  permits  or  otherwise  regulate  the   sale, barter and purchase of raw or unprocessed Pacific salmon eggs. 14.   Notwithstanding   any   inconsistent   provision   of  law,  the   commissioner may designate no more than eight days  in  each  year  that   shall  be effective in every administrative region of the department, as   free sport fishing days during which any person may,  without  having  a   sport  fishing  license and without the payment of any fee, exercise the   privileges of a holder of a sport fishing license, subject to all of the   limitations,  restrictions,  conditions,  laws,  rules  and  regulations   applicable  to the holder of a sport fishing license. Free sport fishing   days shall be designated in a manner determined  by  the  department  to   best  provide public notice thereof and to maximize public participation   therein, so as to promote the  recreational  opportunities  afforded  by   sport fishing.15.  To  identify,  manage and conserve plants, animals and ecological   communities that are rare in New  York  state,  located  on  state-owned   lands under the jurisdiction of the department.16.  Notwithstanding  any  inconsistent provision of law, to authorize   free sport fishing clinics. A free sport fishing clinic  shall  include,   but  not  be  limited  to,  instruction  provided  by  employees  of the   department or  its  designee  in  recreational  angling,  including  its   benefits  and  values,  and  may  also  include  instruction  and  other   information relevant to an understanding of fisheries management, ethics   and aquatic ecology and  habitat.  No  license  or  recreational  marine   fishing   registration  is  required  to  take  fish  by  angling  while   participating in a fishing clinic conducted by  the  department  or  its   designee  that  has  been designated by the commissioner as a free sport   fishing clinic.  Such  clinics  shall  be  implemented  consistent  with   department  standards  and  in  a manner determined by the department to   best provide public notice thereof and to maximize public  participation   therein,  so  as  to  promote the recreational opportunities afforded by   sport  fishing.  Further,  the  commissioner  may  designate  additional   fishing events organized through the department that provide physical or   emotional  rehabilitation  for veterans, as defined in subdivision three   of section three hundred fifty of the  executive  law,  or  active  duty   members  of  the  armed  forces  of  the United States, as defined in 10   U.S.C. section 101(d)(1). No  license  or  recreational  marine  fishing   registration  shall be required for such veterans or active duty members   to take fish by angling while participating in these events.17. To prepare or cause to be prepared voluntary  habitat  stamps  and   furnish  such stamps annually to license issuing agents and officers for   sale and issuance in the same manner as  licenses  and  other  types  of   stamps. The department shall, by rule, establish the fee for the habitat   stamp which shall be no less than five dollars plus an additional amount   for  the  issuing agent or officer. The purchase of a stamp is voluntary   and a stamp need not be possessed in order to take fish or wildlife.18. To provide a mechanism for a one dollar voluntary contribution  to   the  venison  donation  account  on  all  hunting  and  fishing  license   applications administered by the department. The option to  utilize  the   mechanism  shall  be voluntary and the mechanism need not be utilized in   order to process hunting or fishing license applications.