New York State Conservation Council, Inc.

          On Thursday, November 18, 2010 Assembly EnCon Chairman Robert Sweeney held a public hearing on the Environmental Conservation Budget.  Jason Kemper (CFAB Chair), Gerold Bierker (FWMB Chair) and I (representing NYSCC) testified on behalf of the sportsmen and women of the state.  Jason did an excellent job with facts and figures of how the cutbacks are impacting the Division of Fish, Wildlife and Marine Resources.  I followed up with an emphasis on access and habitat needs, with Gerold explaining how no funding for the FWMA was affecting landowner relations. NYSCC First Vice President Chuck Parker attended as well and took extensive notes; his report can be found further down this page. 
          Some facts:  License sales generate $50 million per year; and through those sales and taxes on equipment, another $15 million in federal aid is realized.  The Conservation Fund currently has $17 million in the account.  Vacancies in the hatchery system for various reasons are about 13 people (down from 80 to 67).  Hatchery employees are paid out of the Conservation Fund.  Currently the marine license account has $3 million, which is in a sub-account generated by the license and can only be used in the marine district.  DEC has proposed changes for regulation of protection for endangered and threatened species.  We have concerns that financing the enforcement of the new regulations will come out of the Conservation Fund.
          DECALS, the licensing system, is under consideration to be included in a new statewide e-licensing program.  One of the main reasons for DECALS was to gather information through surveys and questionnaires.  Both CFAB and the NYSCC have raised the issue of whether or not e-licensing will serve our needs.  The proposal is coming from the Governor’s office and the Division of Budget.
          Law enforcement numbers are way down, and it is possible by the time all early retirements, transfers and layoffs are completed that we could see a shortage of 75 people.  With no ECO school for another two years, this could be a serious problem.
          In summary, I believe we must accept some cutbacks to people on the Conservation Fund, but only to the point where programs paid for by the sporting community are in serious danger.  Please do not forget, with a plus in the Conservation Fund we can count on it being there for quite a few more years.  This could all change if the Governor’s office and DEC decide to put more of a load on the Conservation Fund.  If we do not protect the Conservation Fund and make it last for a while we will face a shortfall and then have to deal with another license fee increase which would not be fair.
 

          While I am told that the NYS Environmental Conservation Committee holds an annual public hearing concerning the state budget, this was my first, a meeting that lasted 9 hours with only one 20-minute break.

          In attendance from the 27-member Assembly EnCon Committee were: Robert Sweeney, Ellen Jaffee, Brian Kavanagh, Barbara Lifton, Donna Lupardo, Kenneth Zebrowski, and one more whose name I did not get and I apologize to him.  Also in attendance was Kevin Cahill who is not a member of the EnCon Committee; but his district contains the Belleayre Mountain state-owned ski area which will be greatly affected by the proposed DEC cuts. He was a very active participant in the discussions.  All of the EnCon Committee members present showed significant support and concern for the NYS DEC.  Chaired by Assemblyman Bob Sweeney, the hearing lasted over nine hours; and the majority of the EnCon Committee members were present for most of the proceedings.  Mr. Sweeney’s ability to run this hearing, to ask the questions that needed to be asked, and to listen to the answers was very professional and well done.

          The list of speakers numbered 26.  With the exception of two, Peter Iwanowicz, Acting Commissioner, and Pete Grannis, former DEC Commissioner, all others were limited to a 10- minute presentation.  While we as sportsmen tend to concentrate on the hunting, fishing, trapping and associated environmental aspects of the DEC, there were many other groups that were more environmental/pollution control issue orientated.  The concerns of these other groups are not much different from our own; and many of them seem to recognize that in their statements.  Some of the speakers were from NYSCC (Howie Cushing), CFAB, State FWMB, Audubon, The Nature Conservancy, New York State Forest Products Association, Sierra Club, Natural Resources Defense Council, Citizens Campaign for the Environment, Coalition to Save Belleayre Mountain, ADK, Izaak Walton League, and others.

          Presentations started out with Acting Commissioner Peter Iwanowicz giving testimony then being questioned, at times interrogated, by the EnCon Committee members. This took around two hours, the question portion taking up the majority of the time.  The Acting Commissioner did a good job, as did the EnCon Committee.  Many questions had to be asked more than once; many answers had to be qualified in their response.  Support staff from DEC was available to assist the Acting Commissioner in his testimony when necessary.
 
          Former Commissioner Pete Grannis was interviewed for about an hour.  He mentioned the infamous “memo” as only being intended for specific people within the Department of Budget and stands by its content.  He stated that he does not know how this memo got out to the public and never was able to talk to the Governor about his dismissal.  The Governor’s office basically asked for Grannis’ resignation or he was told he would be fired.  Upon completion of his statements and questions Grannis received applause and acknowledgement from the guests, speakers and members of the EnCon Committee for his work as Commissioner.

          Agencies within New York State government are all facing cuts; that is an accepted fact. It was generally presented that the DEC is dealing with an unfair portion of these cuts. The “target goals” of these cuts often did not deal with any actual financial savings when it came to the DEC, which is what, in reality, should have been looked at. It was a bean count; a percentage of personnel being cut does not have a direct correlation with dollars and cents saving for the General Fund.

          Seventy-five percent (75%) of the overall DEC budget is funded by outside sources other than our taxes. Yet the across-the-board cuts proposed by the Department of Budget had the DEC subject to the same percentage cuts as agencies that were 100% taxpayer funded.  The cuts being imposed on the DEC will cause the loss of federal matching funds and grants because there will not be the resources to apply for these monies.  Sounds like a double whammy to me.

          The Acting Commissioner commented that there are no plans to “sweep” funding from designated dedicated sources; no cuts for the hatcheries or the pheasant farm are in the works.  It was reported, though, that due to staffing reductions some stocking/egg collecting may be affected. Fifty percent of the shellfish sales at the Fulton Fish Market in the past have come from the shellfish beds on Long Island.  Many of these beds have been closed and will not open because DEC cannot monitor them.  This is a serious recreational and economic loss for New York residents.

          The Rogers and Stonykill Environmental Education Centers are slated for closure.  The Belleayre Ski Center permanent work force is targeted to reduce its full time employees from 58 to 13 – a loss of 45 employees!  Here is a division that, while its funding is significant, usually breaks even or has a profit. Belleayre also has a significant economic impact on the local area economy approximately five times what is allocated for its budget.

          If Conservation Fund designated items are not expended there are no tax savings, since these are not General Fund items. The head count reduction does not take into consideration the talent loss. General cuts and optional early retirements have the potential to devastate the knowledge base so valuable to the DEC.

          New York State was once among the leaders in support of environmental programs but is now ranked 48th nationwide.

          DEC’s work force was previously reduced from 3,800 to 2,700 several years ago and is still subject to this across-the-board percentage cut.  This amounts to a 23% staff cut since 2007 – 2008. The economic impact associated with DEC and outdoor recreation is estimated at $50 billion annually for New York State.  Hunting, fishing and trapping’s economic impact is $2-3 billion annually. Some estimates for hunting and fishing have it at a $6 billion impact.  Boating is said to contribute $5 billion to the economy.

          Of those who participate in outdoor activities, 30,000 belong to the ADK; 50,000 are members of Audubon NY; 1.2 million are anglers; 566,000 are hunters; and then we have boaters, hikers and campers.

          More than once it was stated that this across-the-board cut mentality without looking at impact is just wrong.  The additional loss by DEC in not having matching funds for other grants available, or not having the manpower to pursue alternative funding, just multiplies the funding problems of the DEC.
 
          Speakers offering testimony went up in groups: Howie Cushing for NYSCC, Gerold Bierker for FWMB, and Jason Kemper for CFAB comprised one of these groups.  There appeared to be a team presentation and it was very well done.  The solvency of the Conservation Fund, the sportsmen’s contribution, funding of the FWMB, the need for DEC to be operated more efficiently, and the value of DEC were all topics that were addressed. If you treat DEC like a business your support and not cutting is what give a positive return.  You support, not cut, what protects the environment and the public. DECALS and “e-licensing” were also mentioned.  E-licensing is a proposed process whereby individuals may apply to various agencies for needed permits or licenses over the internet.  It is questionable whether DECALS would be compatible with this new system.  At the hearing general opposition was expressed to e-licensing by those in attendance.

          This hearing was not adversarial in any manner. The Assembly EnCon Committee seemed to agree with and support much of what was said by the speakers.  Committee members also brought up other topics that the audience appeared to agree with.  The only major opposition was with the Governor’s Office and the Department of Budget’s unfair cut proposal affecting the DEC.
 
          Those who attended and spoke at this hearing should be commended along with those from the NYS Assembly EnCon Committee who participated.  Hopefully the testimony will help in restoring some of the proposed cuts. One last observation … I encourage others to attend these public hearings when they can.  While the sessions can be long, I think it is improper to give just a “yes” or “no” answer.  I found this one particularly interesting, and the strong attendance and participation by the public was duly noted.