2023 New York Laws › STF - State Finance › Article 6 - Funds of the State › 83 - Conservation Fund.

§ 83. Conservation fund. (a) 1. The conservation fund shall consist of
all  moneys  belonging  to  the  state  received  by  the  department of
environmental conservation from the sale of licenses  for  hunting,  for
trapping,  and for fishing, all moneys received in actions for penalties
under articles eleven and thirteen of the environmental conservation law
and subdivision two of section 71-1929 of the environmental conservation
law, or upon  the  settlement  or  compromise  thereof,  all  fines  for
violation  of  any  of the provisions of articles eleven and thirteen of
the environmental conservation  law,  all  moneys  arising  out  of  the
operation  of  real  property  under the jurisdiction of the division of
fish and  wildlife  in  the  department  of  environmental  conservation
heretofore  or hereafter acquired by the state of New York, and from any
concessions thereon  and  from  any  leases  thereof,  including  moneys
received  from  the  sale  thereof  when  authorized  by law, all moneys
received from leases or rentals of shellfish grounds in the  marine  and
coastal district, all moneys from gifts for fish and wildlife management
pursuant  to  section  six  hundred  twenty-five  of the tax law, moneys
received by the department of environmental conservation from  the  sale
of  limited edition prints of fish and wildlife paintings, as authorized
by paragraph t of subdivision two of section 3-0301 of the environmental
conservation law, all moneys received from  the  reimbursement  provided
for  in  paragraph  b  of  subdivision  seven  of  section 8-0109 of the
environmental conservation law, and all other moneys arising out of  the
application  of  any  provisions  of articles eleven and thirteen of the
environmental conservation law. These moneys, after appropriation by the
legislature, and within the  amounts  set  forth  and  for  the  several
purposes   specified,   shall   be   available   to  the  department  of
environmental conservation for  the  care,  management,  protection  and
enlargement  of the fish, game and shell fish resources of the state and
for the promotion of public fishing and shooting. In the  accomplishment
of these objects the moneys made available hereunder shall be devoted to
the  purchase  or  acquisition  of  lands, lands under water, waters, or
rights therein  as  required,  to  payment  for  personal  service,  for
maintenance  and  operation,  and  for  new  construction  and permanent
betterments, and to all other  proper  expenses  of  the  department  of
environmental  conservation in the administration and enforcement of the
provisions  of  articles  eleven  and  thirteen  of  the   environmental
conservation law.
1-a.   On  or  before  the  first  day  of  February  each  year,  the
commissioner of  the  department  of  environmental  conservation  shall
provide  a  written  report  to  the  temporary president of the senate,
speaker of the assembly, chair of the senate finance committee, chair of
the assembly ways and means committee, chair of the senate committee  on
environmental   conservation,   chair   of  the  assembly  environmental
conservation committee, the  state  comptroller  and  the  public.  Such
report  shall  include  how  the monies of the fund received pursuant to
section six hundred twenty-five of the tax law were utilized during  the
preceding calendar year, and shall include:
(i)  the amount of money dispersed from the fund and the award process
used for such disbursements;
(ii) recipients of awards from the fund;
(iii) the amount awarded to each;
(iv) the purposes for which such awards were granted; and
(v) a summary financial plan  for  such  monies  which  shall  include
estimates  of  all  receipts  and  all disbursements for the current and
succeeding fiscal years, along with the actual results  from  the  prior
fiscal year.
2.  (i)  Moneys  collected  pursuant  to sections 13-0301, 13-0311 and
13-0315  of  the  environmental  conservation  law  and  all  fines  and
penalties  collected  pursuant  to  article  seventy-one of such law for
illegal acts relating to shellfish  shall  be  deposited  in  a  special
account  within  the  conservation  fund,  to  be  known  as  the marine
resources  account,  and  shall  be  available  to  the  department   of
environmental   conservation,   after   appropriation,   for  the  care,
management, protection and enlargement  of  marine  fish  and  shellfish
resources.
(ii)  Notwithstanding  the  provisions  of  subparagraph  (i)  of this
paragraph, moneys arising out of the application of subdivision fourteen
of section 13-0309 of  the  environmental  conservation  law,  shall  be
deposited in a special account within the conservation fund, to be known
as  the  surf  clam/ocean  quahog account, and shall be available to the
department of environmental conservation, including contracts  for  such
purposes with a New York state institution of higher education currently
involved in local marine research, after appropriation, for the research
and  stock  assessment  of  surf clams and ocean quahogs. The department
shall, at a minimum, undertake two stock assessments and  issue  reports
detailing   the  findings  of  such  assessments  to  the  governor  and
legislature. The first stock assessment  shall  be  due  no  later  than
December  thirty-first,  two  thousand  two. The second stock assessment
shall be due no later than December thirty-first, two thousand four, and
shall be conducted in an area to be determined in consultation with  the
surf clam/ocean quahog management advisory board.
3.  (i)  Moneys  arising out of the application of article thirteen of
the environmental conservation law  shall  be  deposited  in  a  special
account  within  the  conservation  fund,  to  be  known  as  the marine
resources  account,  and  shall  be  available  to  the  department   of
environmental   conservation,   after   appropriation,   for  the  care,
management, protection and enlargement  of  marine  fish  and  shellfish
resources.
(ii)  Notwithstanding  the  provisions  of  subparagraph  (i)  of this
paragraph, moneys arising out of the application of subdivision fourteen
of section 13-0309 of  the  environmental  conservation  law,  shall  be
deposited in a special account within the conservation fund, to be known
as  the  surf  clam/ocean  quahog account, and shall be available to the
department of environmental conservation, including contracts  for  such
purposes with a New York State institution of higher education currently
involved in local marine research, after appropriation, for the research
and stock assessment of surf clams and ocean quahogs.
4.   (i)  There  is  hereby  created  a  special  account  within  the
conservation fund to be known as the state fish and game  trust  account
to consist of all moneys received by the state from the sale of lifetime
hunting,  fishing,  and  trapping  licenses,  and  lifetime  archery and
muzzle-loading  privileges  pursuant   to   section   11-0702   of   the
environmental  conservation  law  except  those  moneys deposited in the
habitat  conservation   and   access   account   pursuant   to   section
eighty-three-a  of  this chapter. The state comptroller shall invest the
moneys  in  such  account  in   securities   as   defined   by   section
ninety-eight-a  of  this article. Any income earned by the investment of
such moneys, except income transferred to the conservation fund pursuant
to subparagraph (iii) of this paragraph, shall be added to and become  a
part of, and shall be used for the purposes of such account.
(ii) The state comptroller shall provide an annual report of the trust
account  which lists the amount of the principal, the earned income, the
earned  income  accrued  to  the  principal,  and  the   earned   income
transferred  to  the conservation fund pursuant to subparagraph (iii) of

this paragraph not later than April tenth of each  year  for  the  state
fiscal  year ending the immediately preceding March thirty-first. A copy
of such report shall be transmitted, forthwith, to the director  of  the
division  of  the  budget, the chairman of the senate finance committee,
the chairman of the assembly ways and means committee, the  commissioner
of  the  department of environmental conservation and each of the eleven
members of the conservation fund advisory  board,  created  pursuant  to
section 11-0327 of the environmental conservation law.
(iii)  Earned  income  from  the  sale  of  all  lifetime licenses and
privileges, except income earned on  the  proceeds  of  the  sale  of  a
lifetime  license  or  privilege  during  the  period  from sale of such
license or privilege until April first of the year  following  one  full
year  of deposit of the proceeds of the sale of such lifetime license or
privilege, shall be available for deposit within the  conservation  fund
pursuant  to paragraph one of this subdivision in an amount equal to the
cost of the appropriate annual license or privilege. The  earned  income
which  exceeds  the  current  cost  of  each annual license or privilege
comparable to the lifetime license or privilege, shall be added  to  the
trust  account as principal. The earned income from lifetime licenses or
privileges issued to persons who are under the legal  age  to  implement
such  licenses  or  privileges  shall  be  added to the trust account as
principal until such person becomes of legal age to hunt, fish or trap.
(b) Lands and property rights may be acquired  by  the  department  of
environmental  conservation with moneys made available for such purposes
from the conservation fund by purchase, by acquisition pursuant  to  the
provisions of the eminent domain procedure law or by gift.
(c)  All payments made from the conservation fund shall be made by the
department of taxation and finance after audit and upon warrant  of  the
comptroller  on  vouchers  approved by the commissioner of environmental
conservation. After appropriations made available from the  conservation
fund  shall  cease  to  have  force  and  effect, any balances remaining
unexpended and not required to meet the proper and necessary expenses of
the division of fish and wildlife shall revert to such fund.
(d) As to monies accruing to the fund by reason of the enactment of  a
chapter of the laws of nineteen hundred seventy-five entitled "An Act to
amend  the  environmental conservation law and the state finance law, in
relation to fees for hunting, fishing and trapping licenses," one dollar
of the fee increase provided  therein  for  each  hunting,  fishing  and
trapping  license shall be dedicated to expansion of hunting and fishing
opportunity by: acquisition of public rights or opportunities to utilize
suitable  lands  for  hunting  and  fishing;  habitat   management   and
improvement; and species propagation of game, game birds and game fish.
(e)  1.  All  moneys,  revenue and interest received by the department
from the sale of voluntary migratory bird stamps and art prints shall be
credited to the conservation fund as provided by section eighty-three of
this chapter. After payment of administrative costs for preparation  and
sale  of  voluntary stamps and art prints, fifty percent of these moneys
shall  be  available  to  the  department,  pursuant  to  appropriation,
exclusively  for  acquisition, preservation, improvement and development
of wetlands and development and maintenance of access sites  within  the
state. The remaining fifty percent of these moneys shall be disbursed to
an  appropriate  nonprofit organization for the development of waterfowl
habitat projects  within  the  Dominion  of  Canada  which  specifically
provide migratory birds for the Atlantic Flyway after obtaining evidence
that  the  projects  are  acceptable  to the department of environmental
conservation  and   the   appropriate   governmental   agencies   having
jurisdiction over the project area.
2.   Notwithstanding  any  other  general  or  special  law,  rule  or
regulation, all moneys, revenue and interest arising out of the sale  of
voluntary migratory bird stamps, other than that retained by the issuing
agent  or  officer,  and  art  prints pursuant to section 11-0307 of the
environmental  conservation law and this section shall be deposited in a
special account within  the  conservation  fund,  to  be  known  as  the
migratory  bird  account,  and  shall  be  dedicated to and available by
appropriation only for the purposes set forth in this subdivision, which
may only be altered or amended by law.
(f) Notwithstanding the provisions  of  any  other  law,  all  moneys,
revenue penalties, and interest arising out of the fees for the issuance
of  guide  licenses  pursuant  to  section  11-0533 of the environmental
conservation law and this  section  shall  be  deposited  in  a  special
account  within the conservation fund, to be known as the guides license
account, and shall be dedicated to and available by  appropriation  only
for  the  administration of and purposes set forth in section 11-0533 of
the environmental conservation law, which may only be altered or amended
by law.
(g)  All  moneys,  fees,  fines  and  penalties  arising  out  of  the
administration  and  enforcement  of  the  tidal  wetlands  act (article
twenty-five of the environmental conservation law)  shall  be  deposited
into the marine resources account of the conservation fund.
(i)  All moneys, revenues and interest thereon received as a result of
the application of  subdivision  eighteen  of  section  11-0305  of  the
environmental  conservation  law  authorizing  a  one  dollar  voluntary
contribution mechanism on all hunting  and  fishing  licenses  shall  be
deposited  in a special account within the conservation fund to be known
as the venison donation  account.  All  of  such  moneys,  revenues  and
interest  shall  be  made  available  by the department of environmental
conservation, pursuant to appropriation,  to  an  appropriate  nonprofit
organization for implementation of a venison donation program.
(j)  All  moneys, revenue and interest thereon received as a result of
the  issuance  and  sale  of  voluntary  outdoor  recreation  and  trail
maintenance  pins  and  patches  pursuant  to  section  11-0329  of  the
environmental conservation law, other than the amount  retained  by  the
issuing agent or officer, shall be deposited in a special account within
the  conservation  fund  to be known as the outdoor recreation and trail
maintenance account. All of such moneys, revenues and interest shall  be
available  to  the department of environmental conservation, pursuant to
appropriation, exclusively for outdoor  recreation,  trail  maintenance,
and  the  development  and  improvement  of  public  access  to  outdoor
recreation and trails.