Need for Revision to the New York State Endangered Species
Regulations
ECL Article 11-0535 Endangered and threatened species, species
of special concern: Section 1 defines terms and conveys regulatory
authority for designation of protected species
Section 2 establishes prohibitions against “the taking, importation, transportation, possession or sale of any endangered or threatened species of fish, shellfish, crustacea or wildlife… except under license or permit from the department.”
Environmental Conservation Law Article 11-0103 (13): Definition of Take 11-0103. Definitions.
As used in the Fish and Wildlife Law: 13. "Taking" and "take" include pursuing,
shooting, hunting, killing, capturing, trapping, snaring and netting fish, wildlife, game, shellfish, crustacea and protected insects, and all lesser acts such as disturbing, harrying or worrying, or placing, setting, drawing or using any net or other device commonly used to take any such animal.
Example of a Protected Endangered species: Piping Plover
New York has:
464 pairs of birds
This is over 25% of the entire population of birds on the Atlantic Coast
Reason for small populations largely due to habitat destruction, recreational activities and predation by non-native species
Existing Regs under 6 NYCRR
Part 182 Regulations written under authority of ECL 11-0535 currently : Define terms used in the regulation
Prohibits taking of listed species without permit
Authorizes the Department to issue permits under 11-0535
Lists species protected under the Law
Revision of T/E Regulations Why is it necessary? To provide better
transparency and predictability by: Making explicit the criteria for listing/ delisting
Making explicit DEC’s authority to develop recovery plans for listed species
Making explicit DEC’s authority to protect, restore and regulate listed species AND THEIR HABITATS as defined by recent court decisions
Establishing procedure for review and issuance of permits to
authorize “take” of all listed species
Revision of Listing/Delisting Criteria Current Language:
(g) Endangered species are any species which meet one of the following criteria: (1) are native species in imminent danger of
extirpation or extinction in New York; or *
(h) Threatened species are any species which meet one of the following criteria: (1) are native species likely to become an
endangered species within the foreseeable
future in New York; or *
* are species listed under the Federal Endangered Species Act
Revision of Listing/Delisting Criteria Benefits of revision:
Provide scientifically sound methods for determining when to list/delist species Guides development of species recovery
objectives Establishes data needs to guide listing
decisions Guides management towards
delisting of species Guides management of unlisted species to prevent future
listings
Recovery Plan Authorization Currently not mentioned in Regulation Benefits of Revision:
Development of plans helps guide recovery actions
Plans will lay out habitat needs and management priorities – provide predictability
Provides support for actions necessary to restore and recover listed species
Clarification of Authority
Current Authority Under Part 182: The department may, at its discretion, issue a
license or permit to a person to take, transport, sell, import and/or possess endangered or threatened species of fish and wildlife for purposes it deems legitimate. Such license or permit shall state the species to which it applies and any other conditions the department may deem appropriate.
Clarification of Authority
Benefits of revision: The public will have a clear indication of
the DEC’s jurisdiction over endangered species issues and will understand what situations will require permits. What qualifies as take and how permits are issued will be clarified
Clarification of Authority
Benefits of revision:
The terms in the current regulations have been
further defined through the courts
Terms such as “take” will be explicitly defined to
include adverse modification of habitat
Endangered Species Permit
process will be made explicit, with
creation of Incidental Take Permit
Permit Procedures Outlined Benefits of Revision:
The public will be aware of when permits are required, how permits will be reviewed and what criteria must be met for issuance.
AVOIDANCE OF TAKE STILL GOAL!!! Standards and procedures for review and
issuance of permits will be developed Permit requirements for research,
education and other uses of listed species will be updated
Tentative Timeline
Outreach meetings with stakeholders through April.
Draft regulations prepared and made available to stakeholders for review by early Summer, 2008
Public notice and public comment period initiated in Late Summer, 2008
Final Regulations promulgated by Early 2009