Presentation on theme: "Need for Revision to the New York State Endangered Species Regulations"— Presentation transcript:
1Need for Revision to the New York State Endangered Species Regulations
2ECL ArticleEndangered and threatened species, species of special concern:Section 1 defines terms and conveys regulatory authority for designation of protected speciesSection 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.”
3Environmental Conservation Law Article 11-0103 (13): Definition of Take 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.
4Example of a Protected Endangered species: Piping Plover New York has:464 pairs of birdsThis is over 25% of the entire population of birds on the Atlantic CoastReason for small populations largely due to habitat destruction, recreational activities and predation by non-native species
5Existing Regs under 6 NYCRR Part 182 Regulations written under authority of ECL currently :Define terms used in the regulationProhibits taking of listed species without permitAuthorizes the Department to issue permits underLists species protected under the Law
6Revision of T/E Regulations Why is it necessary? To provide better transparency and predictability by:Making explicit the criteria for listing/ delistingMaking explicit DEC’s authority to develop recovery plans for listed speciesMaking explicit DEC’s authority to protect, restore and regulate listed species AND THEIR HABITATS as defined by recent court decisionsEstablishing procedure for review and issuance of permits toauthorize “take” of all listed species
7Revision 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
8Revision of Listing/Delisting Criteria Benefits of revision:Provide scientifically sound methods for determining when to list/delist speciesGuides development of species recovery objectivesEstablishes data needs to guide listing decisionsGuides management towards delisting of speciesGuides management of unlistedspecies to prevent future listings
9Recovery Plan Authorization Currently not mentioned in RegulationBenefits of Revision:Development of plans helps guide recovery actionsPlans will lay out habitat needs and management priorities – provide predictabilityProvides support for actions necessary to restore and recover listed species
10Clarification 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.
11Clarification 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
12Clarification of Authority Benefits of revision:The terms in the current regulations have been further defined through the courtsTerms such as “take” will be explicitly defined to include adverse modification of habitatEndangered Species Permit process will be made explicit, with creation of Incidental Take Permit
13Permit 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 developedPermit requirements for research, education and other uses of listed species will be updated
14Tentative Timeline Outreach meetings with stakeholders through April. Draft regulations prepared and made available to stakeholders for review by early Summer, 2008Public notice and public comment period initiated in Late Summer, 2008Final Regulations promulgated by Early 2009