Section 11-0303. Management of fish and wildlife resources; general purposes and policies governing manner of exercise of powers  


Latest version.
  • 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
      eleven,  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.).