NY Env Conserv L § 11-0327 (2021)
2021 New York Laws ENV - Environmental Conservation Article 11 - Fish and Wildlife Title 3 - General Powers and Duties of the Department 11-0327 - Conservation Fund Advisory Board.

§ 11-0327. Conservation fund advisory board.   1.  Creation of conservation fund advisory board. (a) The conservation fund advisory council is  hereby  continued  and  reestablished  in  the department  to be the conservation fund advisory board, which shall make recommendations to state agencies on state government  plans,  policies, and  programs  affecting fish and wildlife as more specifically outlined below. Such board shall be composed of eleven voting members,  including a  member  designated by the state fish and wildlife management board, a member designated by the New  York  state  conservation  council,  three members  appointed  by  the  governor,  two  members  appointed  by  the temporary president of the senate, one member appointed by the  minority leader  of  the  senate,  two  members  appointed  by the speaker of the assembly, and one  member  appointed  by  the  minority  leader  of  the assembly.  None  of the members shall be employees of the department. Of the members appointed by the governor, the temporary  president  of  the senate,  the minority leader of the senate, the speaker of the assembly, and the minority leader of the assembly, no two shall  be  residents  of the  same  department  of environmental conservation region. Each member shall be a resident of the region which  that  person  is  appointed  to represent. The board shall be representative of individual and organized sportsmen's  interests in each region of the state. In addition to these voting members, the commissioner and the chairmen of the senate  finance committee, the senate environmental conservation committee, the assembly ways  and  means  committee  and the assembly committee on environmental conservation or their designees shall serve as  ex  officio,  non-voting members of the advisory board.  (b)  Persons  designated or appointed to the advisory board, excluding ex officio members, shall have demonstrated  a  long-standing  interest, knowledge  and  experience  in  fish  and wildlife management, including hunting or fishing, as evidenced in part by the holding of a  valid  New York  state  hunting,  fishing  or trapping license at the time they are designated or appointed to such board and for each of  the  three  years immediately  preceding  their  designation or appointment to such board. One member, who may not be  an  ex  officio  member,  shall  be  elected chairman of the advisory board by a majority vote of the members of such board, excluding ex officio members.  (c)  The  designation  or  appointment  of  any person to the advisory board, excluding ex officio members, shall be considered terminated  if, in  the  course of any one-year period commencing from the date of their designation  or  appointment,  such  person  shall  have  accrued  three unexcused  absences from meetings of the board. Excuses for absences are to be accepted at the discretion of the chairman. In the event  of  such termination,  the  resulting  vacancy  shall  be  filled as described in subdivision five of this section.   2. Meetings of the advisory board.  The  board  shall  meet  at  least quarterly at the call of the chairman.   3.  Duties  of  the  advisory board. The advisory board shall have the following powers and duties:  (a) To review the allocations and expenditures of the  department  for fish  and wildlife purposes as provided in section 11-0303 of this title and report to the commissioner by November fifteenth of  each  year.  To assist  the board in its review, the department shall by September first of each  year  make  available  to  the  board,  the  governor  and  the legislature current and anticipated income and expenditures for the fish and  wildlife  programs,  including  planned  expenditures  by  time and activity code for the next fiscal year. Such report  shall  include  the findings   of   the   advisory  board  regarding  such  allocations  and expenditures,  including  expenditures  and  appropriations   from   the  conservation  fund  and  the  extent  to  which  such  expenditures  and appropriations are consistent with the requirements of  state  law.  The report  shall  also  include  recommended  maximum  annual  fees for the licenses  and  bowhunting and/or muzzle-loading privileges identified in subdivision 3 of section 11-0715 of this article. In  recommending  such fees  the  board  shall  consider economic indicators, the status of the conservation  fund,  and  such  program  indicators  as  it   may   deem appropriate. The commissioner shall submit such report, in its entirety, to the governor and the legislature.  (b)  To  make reports and release information from time to time, as it deems necessary, to sportsmen  and  the  general  public  regarding  the conservation fund and the fish and wildlife program.  (c)  To  consult  with  fish  and wildlife interests and render annual reports to the commissioner on fiscal needs and make recommendations  on how such needs shall be met.  (d) To assist the department's efforts to expand the available sources of  income  for  the  conservation  fund  and advise the department with respect to the needs of various fish and wildlife programs.  (e) To adopt, promulgate, amend or rescind suitable  procedural  rules with  respect  to the composition, internal organization and functioning of the board; and such other rules, regulations and procedures as may be necessary or desirable to effectuate the purposes of this section.  (f) To work to encourage both residents  and  non-residents  to  hunt, fish and trap in New York, and to promote conservation and management of New York's natural resources.   4.  Advisory board members; expenses. Conservation fund advisory board members shall receive no salary, but the necessary traveling expenses of voting members when attending meetings of the board shall be  paid  from moneys  appropriated  to  the  board  for  travel  and  shall be paid on vouchers certified by the chairman of the board upon the  audit  of  the comptroller in the manner provided by law.   5.  Term  of office. All voting members of the board shall serve terms of three years. An appointment to fill a vacancy shall be made  for  the remainder  of  the  affected  term  in  the  same manner as the original appointment was made. Such appointment shall be made within  sixty  days of the date the position becomes vacant.   6.  State assistance. The commissioner shall, at any time requested by the board, make any and all information readily available to  the  board which the board indicates is needed to properly and thoroughly carry out its  responsibilities. The commissioner shall also make available to the board such secretarial and/or clerical aid reasonably necessary to allow the board to carry out its duties and responsibilities.