1. Need for Revision to the New York State Endangered Species Regulations

2. ECL Article
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.”

3. Environmental 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.

4. 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

5. Existing Regs under 6 NYCRR Part 182
Regulations written under authority of ECL currently :
Define terms used in the regulation
Prohibits taking of listed species without permit
Authorizes the Department to issue permits under
Lists species protected under the Law

6. 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

7. 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

8. 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

9. 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

10. 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.

11. 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

12. 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

13. 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

14. 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