N.Y. Environmental Conservation Law § 11-0311: Additional or other protection

§ 11-0311. Additional or other protection.

1. The department shall have power to give to any wildlife or fish,

other than migratory fish of the sea, protection or additional

protection to that afforded by this article, if ten or more citizens

file with the department a petition signed by them stating the grounds

on which such protection is necessary and giving their addresses. If the

department entertains the petition it shall within twenty days

thereafter hold a public hearing thereon in a place determined by it in

the locality affected. At least ten days before the hearing, notice

thereof shall be advertised in a newspaper published in each county

affected. The notice shall state the grounds of the application and a

copy thereof shall be mailed to each petitioner at least ten days before

the hearing.

2. If after the hearing the department determines that by reason of

disease danger of extermination or from other cause or reason, such

species of fish or wildlife requires such additional or other

protection, either local or state-wide, the department may adopt

regulations restricting the destruction, disturbance or taking of such

species. Such regulations may be adopted for the entire state or any

part of it.

3. A regulation adopted pursuant to this section is effective

according to its terms notwithstanding any other provision of the Fish

and Wildlife Law.