§ 11-0535 — Endangered and threatened species, species of special concern

New York § 11-0535

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 5: Fish and Wildlife Management Practices Cooperative Program; Prohibitions; Taking of Fish, Wildlife, Shellfish and Crustacea For Scientific or Propagation Purposes; Destructive Wildlife; Rabies Control; Guides; Endangered Species
• Art. 11: Fish and Wildlife

Text

§ 11-0535. Endangered and threatened species, species of special\n concern.\n 1. For the purposes of this section, "endangered species" shall mean\nthose species of fish, shellfish, crustacea and wildlife designated by\nthe department, by regulation filed with the Secretary of State, as\nseriously threatened with extinction, "threatened species" shall mean\nthose species of fish and wildlife designated by the department, by\nregulation filed with the Secretary of State, which are likely to become\nendangered species within the foreseeable future throughout all or a\nsignificant portion of their range, and "species of special concern"\nshall mean those species of fish and wildlife designated by the\ndepartment, by regulation filed with the Secretary of State, which are\nfound by the department to be at risk of becoming threatened in New\nYork. Such regulation shall include, but not be limited to, endangered\nand threatened species as so designated by the Secretary of the\nInterior, provided, however, that such regulation shall take effect\nsixty days after it has been filed with the Secretary of State, and\nprovided, further, that any endangered or threatened species as so\ndesignated by the Secretary of the Interior shall be subject to the\nrestrictions of this section, regardless of the removal of such\ndesignation as an endangered or threatened species by the Secretary of\nthe Interior. The commissioner may exclude any such species as the\ncommissioner may determine after investigation to be no longer\nendangered or threatened from the restrictions of this section.\n 2. Notwithstanding any other provision of this chapter, the taking,\nimportation, transportation, possession or sale of any endangered or\nthreatened species of fish, shellfish, crustacea or wildlife, or hides\nor other parts thereof, or the sale or possession with intent to sell\nany article made in whole or in part from the skin, hide or other parts\nof any endangered or threatened species of fish, shellfish, crustacea or\nwildlife is prohibited, except under license or permit from the\ndepartment.\n 3. Notwithstanding any other provision of this chapter, the department\nmay promulgate regulations to the taking, importation, transportation,\npossession or sale of any species of special concern as the department\ndeems necessary for the proper protection of such species.\n