2006 New York Code - 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.
    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 and the  operations
  of the surf clam/ocean quahog management advisory board.
    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, trapping, archery and muzzle-loading licenses pursuant
  to  section  11-0702  of  the  environmental conservation law. 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 council, created  pursuant  to
  section seven hundred of the executive law.
    (iii)  Earned  income  from  the sale of all lifetime licenses, except
  income earned on the proceeds of the sale of a lifetime  license  during
  the  period  from  sale  of  such  license until April first of the year
  following one full year of deposit of the proceeds of the sale  of  such
  lifetime license, 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. The earned income which
  exceeds the current cost  of  each  annual  license  comparable  to  the
  lifetime  license, shall be added to the trust account as principal. The
  earned income from lifetime licenses issued to persons who are under the
  legal age to implement such licenses 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.
    (h) All moneys, revenues and interest thereon received as a result  of
  the  application  of  subdivision  seventeen  of  section 11-0305 of the
  environmental conservation law authorizing  the  issuance  and  sale  of
  voluntary  habitat stamps, 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  habitat  account.  All  of  such
  moneys,  revenues  and  interest shall be available to the department of
  environmental conservation, pursuant to appropriation,  exclusively  for
  fish  and  wildlife  habitat management, protection and restoration, and
  the  improvement  and  development  of  public  access  for   fish   and
  wildlife-related recreation and study.
    (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.