2006 New York Code - 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 purposes
               and 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
  seven,  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.).