N.Y. Environmental Conservation Law § 11-0535: Endangered and threatened species, species of special concern

§ 11-0535. Endangered and threatened species, species of special

concern.

1. For the purposes of this section, "endangered species" shall mean

those species of fish, shellfish, crustacea and wildlife designated by

the department, by regulation filed with the Secretary of State, as

seriously threatened with extinction, "threatened species" shall mean

those species of fish and wildlife designated by the department, by

regulation filed with the Secretary of State, which are likely to become

endangered species within the foreseeable future throughout all or a

significant portion of their range, and "species of special concern"

shall mean those species of fish and wildlife designated by the

department, by regulation filed with the Secretary of State, which are

found by the department to be at risk of becoming threatened in New

York. Such regulation shall include, but not be limited to, endangered

and threatened species as so designated by the Secretary of the

Interior, provided, however, that such regulation shall take effect

sixty days after it has been filed with the Secretary of State, and

provided, further, that any endangered or threatened species as so

designated by the Secretary of the Interior shall be subject to the

restrictions of this section, regardless of the removal of such

designation as an endangered or threatened species by the Secretary of

the Interior. The commissioner may exclude any such species as the

commissioner may determine after investigation to be no longer

endangered or threatened from the restrictions of this section.

2. Notwithstanding any other provision of this chapter, the taking,

importation, transportation, possession or sale of any endangered or

threatened species of fish, shellfish, crustacea or wildlife, or hides

or other parts thereof, or the sale or possession with intent to sell

any article made in whole or in part from the skin, hide or other parts

of any endangered or threatened species of fish, shellfish, crustacea or

wildlife is prohibited, except under license or permit from the

department.

3. Notwithstanding any other provision of this chapter, the department

may promulgate regulations to the taking, importation, transportation,

possession or sale of any species of special concern as the department

deems necessary for the proper protection of such species.