Looks like NYS is trying to figure out how to steal sportsmans money again.

[erussell]

http://www.pressconn...ews|text|Sports

The New York Legislature's 2012 session is scheduled to close Thursday, and as of Wednesday the state was still not in compliance with federal guidelines required for the distribution of funds to state fish and wildlife programs.

We're talking nearly half of the wildlife budget of the state, in excess of $20 million, because of a budget clause that allows the state to raid any special or dedicated fund for its own purposes. The U.S. Fish & Wildlife Service will not send the funds to any state that doesn't protect its dedicated conservation funds from such moves.

This spring it appeared that this was all ironed out. The new budget bill passed in April contained language that USFWS agreed would put us in compliance and thus eligible for the federal funds.

But a new Section, 13-a, was later added that allows the governor's Director of Budget and the Comptroller to remove funds from any special fund, including the Conservation Fund. That put us back in jeopardy.

S.7342, which would fix this problem and again put us in compliance with the federal demands, was unanimously passed in the Senate on June 12, 59-0.

But the companion bill, A.10469, was stuck in the Assembly Environmental Conservation Committee and chairman Robert Sweeney has sat on it for a week.

It would seem that this would be passed without comment, and probably will be. But strange things are happening in Albany these

Edited June 22, 2012 by erussell

[Grouse]

Obviously they would rather steal the money in the fund, rather then worry about the Federal matching funds coming in, because they won't be able to touch any of it if the Fed is satisfied with the situation.

[mike rossi]

Obviously they would rather steal the money in the fund, rather then worry about the Federal matching funds coming in, because they won't be able to touch any of it if the Fed is satisfied with the situation.

You got a good point. It shows both their integrety and their concern for conservation.

[nyslowhand]

Typical misuse of the General Fund and yet another example of how STUPID our elected officials really are.

Bet they don't manage their personal finances like they do the state budget.

If all the NYS revenue went to its approriate account, NY'ers would have the best education system & conservation programs in the USA.

[mike rossi]

This is addressed in a 1950 era ammendment by congress: 16USC 669 sec. 669a. Briefly, that United States Code says the state must use its license money for wildlife and fisheries conservation and recreation. Since our state conservation fund has accumulated to 38 million which is 53% greater than the federal matching funds (20 million), the state has nothing to lose; if it does not value wildife/fisheries conservation and recreation.

This situation also begs the question of why the condervation advisory board, a citizens group entrusted with stewardship, allowed the fund to inflate to 38 million? All the while NY sportsmen have heard nothing except that the DEC is underfunded and understaffed. If the CF was not 53% larger than the federal funding there would be less motivation for a diversion of funds.

To my knowledge, only a Non-Shooting Conservation Organization - Audobon NY has asked its members to voice their concern. That is interesting because the organization is mostly non-hunters. That is significant because THEY are informed and concerned about a program SPORTSMEN pay into.

A little trivia. The USFWS have shown that the money spent on bird seed is greater then the money spent on items under the excise tax which is the source of federal restoration funds. Congress rejected an amendment to include bird seed and binoculors into the items under the excise tax.

I think our focus has been on the wrong issues. It really is up the the younger generation of hunters to be wiser and take a different path.

[nybuckboy]

I believe this is what the state did with Snowmobile funds as well a few years ago

[mike rossi]

Snowmobiling does not pay into this and is not considered wildlife-related recreation.

[mike rossi]

OOPs... I need to apologize to the CFAB and correct post # 5!

The federal funds are determined by the ratio of licenses sold to the acreage open to hunters (for the wildlife funds), The fisheries funds are also determined by a formula which considers the number of licenses sold.

I was mistaken in saying the CF built up. It is actually the annual reciepts of licenses and permits (tags).

The above being true means I was incorrect in blaming the CFAB for not using the funds and for saying that because the CF is 53% more than the federal allotment there is more potential for a diversion of funds.

I apologize to the CFAB for blaming them!

.

[erussell]

And it continues

http://www.pressconnects.com/article/20120627/SPORTS/206270355/Outdoors-Federal-wildlife-funds-caught-political-swamp?odyssey=tab|topnews|text|Sports

The suspicion out of Albany is that the confusing mess regarding the state's qualification for federal fish & wildlife funds this year is the result of election-year politics.

In case you hadn't heard, early this year the Department of Finance was empowered to raid all funds -- including dedicated funds like the Conservation Fund -- to solve problems elsewhere. But the U.S. Fish & Wildlife Service will not send the annual federal funding to New York's Conservation Fund for fish and wildlife management if the dedicated fund is not protected against such raids.

Early in the spring, legislation to correct the problem passed the Senate but never got out of committee in the Assembly. In the final hours of the 2012 legislative session last week it looked like something had to be done or we'd lose out on $10-$20 million in wildlife funds for this year.

Although legislators have since assured me that the funding situation is safe, it was shocking that nothing was ever done in respect to passing the appropriate bills.

The governor was openly pushing to get the situation fixed, so it looks like everything was blocked in the legislature. The Senate has passed every anti-diversion bill that it had, while one of those bills did not have an Assembly companion, and Assembly EnCon Committee Chair Robert Sweeney sat on the other one.

The suspicion is that legislators were trying to extract a promise that they will be able to bring home more member items/community grants later this year as insurance for incumbents' re-election campaigns.

[mike rossi]

Clearly outined by the US Congress in 1956 ... Its either comply or the other states which do comply will get NY's share... Here is how it reads:

ASSENT LEGISLATION

Both Restoration Acts require the States to spend the revenues they receive from licensing hunters and anglers only for the “administration of said State fish and game department,” (16 USC 669 and 16 USC 777). To satisfy this requirement, the States must have passed legislation for the conservation of fish and wildlife, including a prohibition against the diversion of license fees for any purpose other than the administration of the State fish and game department. This is referred to as assent legislation. This legislation is also the source of authority for auditors to audit State license fees, which is an unusual responsibility of Federal auditors.

The regulations implementing the Restoration Acts are contained in Volume 50, Part 80 of the CFRs. Included therein is the assent legislation requirement, which specifies that subsequent State legislation must not abridge the assent legislation (50 CFR 80.3). The term license revenue is used to describe the expanded meaning of license fees. For example, in addition to license fees, license revenue also includes revenue from the granting of rights of real or personal property, interest on license fees, and Federal Aid project reimbursements (50 CFR 80.4).

APPORTIONMENT

Federal