§ 11-0535-B — Vulnerable species

New York § 11-0535-B

• 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-b. Vulnerable species.\n 1. As used in this section, "vulnerable species" shall mean any\nspecies of wildlife designated by the department, by regulation filed\nwith the secretary of state, which meet the following criteria:\n (a) On the basis of credible scientific evidence, which may include\ninformation contained on the international union for conservation of\nnature and natural resources red list of threatened species, or other\nsimilar data:\n (i) the species has an observed, estimated or projected population\ndecline that if unreversed, will likely result in the species becoming\nendangered or threatened within the foreseeable future; or\n (ii) other factors that may cause the species to go extinct if they\nare not identified and reversed;\n (b) The species is known to be in trade in this state;\n (c) The species is not protected as an endangered or threatened\nspecies by the secretary of the interior; and\n (d) The species is not protected under the Marine Mammal Protection\nAct.\n 2. Except as otherwise provided in subdivision three of this section,\nno person shall sell, or possess with the intent to sell, any article\nmade in whole or in part from the skin, hide, or other parts of any\nvulnerable species, except under license or permit from the department.\n 3. The commissioner may issue licenses or permits for the sale or\npossession with intent to sell of any article made in whole or in part\nfrom the skin, hide, or other parts of any vulnerable species, provided\nthat:\n (a) the article is part of a bona fide antique and the antique status\nof such antique is established by the owner or seller thereof with\nhistorical documentation evidencing provenance and showing the antique\nto be not less than one hundred years old; or\n (b) the article is for bona fide educational or scientific purposes,\nor to be made part of a temporary or permanent collection of a museum\nchartered by the board of regents pursuant to the education law or to a\nmuseum authorized by a special charter from the legislature of this\nstate, provided that the article is not thereafter sold to any private\nparty.\n 4. The department shall maintain a list of vulnerable species\nidentified pursuant to this section and post such list on the\ndepartment's website.\n 5. Species shall not be designated as a vulnerable species for the\npurposes of this section if:\n (a) the species is protected pursuant to any other provision of this\nchapter; or\n (b) the taking of the species is regulated by the department pursuant\nto permit or license.\n