N.Y. Environmental Conservation Law § 11-0535-b: Vulnerable species

§ 11-0535-b. Vulnerable species.

1. As used in this section, "vulnerable species" shall mean any

species of wildlife designated by the department, by regulation filed

with the secretary of state, which meet the following criteria:

(a) On the basis of credible scientific evidence, which may include

information contained on the international union for conservation of

nature and natural resources red list of threatened species, or other

similar data:

(i) the species has an observed, estimated or projected population

decline that if unreversed, will likely result in the species becoming

endangered or threatened within the foreseeable future; or

(ii) other factors that may cause the species to go extinct if they

are not identified and reversed;

(b) The species is known to be in trade in this state;

(c) The species is not protected as an endangered or threatened

species by the secretary of the interior; and

(d) The species is not protected under the Marine Mammal Protection

Act.

2. Except as otherwise provided in subdivision three of this section,

no person shall sell, or possess with the intent to sell, any article

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

vulnerable species, except under license or permit from the department.

3. The commissioner may issue licenses or permits for the sale or

possession with intent to sell of any article made in whole or in part

from the skin, hide, or other parts of any vulnerable species, provided

that:

(a) the article is part of a bona fide antique and the antique status

of such antique is established by the owner or seller thereof with

historical documentation evidencing provenance and showing the antique

to be not less than one hundred years old; or

(b) the article is for bona fide educational or scientific purposes,

or to be made part of a temporary or permanent collection of a museum

chartered by the board of regents pursuant to the education law or to a

museum authorized by a special charter from the legislature of this

state, provided that the article is not thereafter sold to any private

party.

4. The department shall maintain a list of vulnerable species

identified pursuant to this section and post such list on the

department's website.

5. Species shall not be designated as a vulnerable species for the

purposes of this section if:

(a) the species is protected pursuant to any other provision of this

chapter; or

(b) the taking of the species is regulated by the department pursuant

to permit or license.