New York Environmental Conservation Code § 11-0305

General powers and duties of the department
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§ 11-0305. General powers and duties of the department.\n  In addition to the powers and duties provided in other sections of the\nFish and Wildlife Law, the department shall have the following powers\nand duties:\n  1. To sell or furnish trees, shrubs and other plants to owners or\nlessees of private lands situated in the state on such terms as it deems\nto be for the public benefit;\n  2. To issue the licenses and permits provided for by law, to fix their\nterms, and the fees therefor, when no statutory provision is made, to\ndesignate agents to sell and promote the sale of licenses, to adopt\nprocedures for the issuance of licenses, to establish the design and\nformat of licenses and the information to be contained thereon, to\nprovide where it deems appropriate for tags and buttons, to adopt\nlicense conditions respecting tagging or identifying fish and wildlife\nbeing possessed or transported, to establish procedures and requirements\nfor reporting license sales and handling and remittance of license\nrevenues by persons or entities issuing such licenses, to provide for\nacceptable methods of payment of license fees, and to revoke licenses\nand permits as provided by law;\n  3. To regulate the taking of fish in any manner other than angling,\nexcept as to migratory fish of the sea within the marine district;\n  4. To increase by regulation the size, as established by statute, of\nmesh of nets that may be used for taking fish;\n  5. To declare by regulation that waters, specified in the regulation,\nare not inhabited by trout, whenever it shall determine that the waters\nspecified in the regulation, previously inhabited by trout, are no\nlonger so inhabited, or shall determine that the waters specified in the\nregulation are unsuitable for trout;\n  6. To control, manage, propagate and distribute, and to regulate the\ntransportation, importation and exportation of shellfish, cephalopoda\nand crustacea;\n  7. To regulate the examination and inspection of shellfish grounds,\nboats used in taking and buildings used for storage of shellfish, the\nhandling and shipment of shellfish, the floating of shellfish, the\nremoval of shellfish from unsanitary beds and their deposit on\nunpolluted grounds;\n  8. To enforce all laws relating to lands under water which have been\nor shall be designated, surveyed and mapped out pursuant to law as\noyster beds or shellfish grounds and to grant leases of such lands,\nbelonging to the state, for shellfish culture, according to law;\n  9. To conduct, manage and control all hatching and biological\nstations, game farms, game refuges, rearing stations and public hunting\nand fishing grounds owned or operated by the state;\n  10. To enforce all provisions of the Fish and Wildlife Law and\nregulations pursuant thereto, and all laws relating to fish, wildlife,\nprotected insects, shellfish, crustacea and game;\n  11. To settle or compromise in its discretion any action or cause of\naction to recover a penalty under the provisions of this chapter as it\nmay deem advantageous to the state;\n  12. To grant refunds of moneys erroneously received by the department,\nwithin two years of receipt thereof and upon satisfactory proof of\nentitlement, which refunds, upon approval of the commissioner and audit\nby the State Comptroller, shall be paid from any moneys available to the\ndepartment in the Conservation fund.\n  13. Notwithstanding any other provision of law, to regulate the\npossession, transportation, sale, barter and purchase of Pacific salmon\nand parts thereof; and to require permits or otherwise regulate the\nsale, barter and purchase of raw or unprocessed Pacific salmon eggs.\n  14. Notwithstanding any inconsistent provision of law, the\ncommissioner may designate no more than eight days in each year that\nshall be effective in every administrative region of the department, as\nfree sport fishing days during which any person may, without having a\nsport fishing license and without the payment 

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