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