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.
Last modified: February 3, 2019