State Codes and Statutes

Statutes > New-york > Stf > Article-6 > 83

§ 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  andlegislature. 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.    (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.

State Codes and Statutes

Statutes > New-york > Stf > Article-6 > 83

§ 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  andlegislature. 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.    (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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Stf > Article-6 > 83

§ 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  andlegislature. 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.    (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.