2006 New York Code - Removal Of Protected Plants

 
  § 9-1503. Removal of protected plants.
    1.  For  the  purposes of this section, "plants" shall mean species of
  native shrubs,  trees,  herbs,  ferns,  fern-allies  and  wild  flowers;
  "endangered  species"  shall  mean  those species of plants in danger of
  extinction throughout all or  a  significant  portion  of  their  ranges
  within  the  state,  and  requiring  remedial  action  to  prevent  such
  extinction; "threatened species" shall mean those species of plants that
  are likely to become endangered within the foreseeable future throughout
  all or a significant portion of their ranges  within  the  state;  "rare
  species"  shall mean those species of plants that have small populations
  within their ranges in the state, and "exploitably  vulnerable  species"
  shall  mean those species of plants that are likely to become threatened
  in the near future throughout all or  a  significant  portion  of  their
  ranges within the state if causal factors continue unchecked.
    2.  The department may, by rule and regulation, promulgate and adopt a
  list or lists of protected plants which by reason of  their  endangered,
  rare,  threatened  or exploitably vulnerable status should not be picked
  or removed from their natural habitat. In promulgating and adopting such
  list or lists the department shall consult with and cooperate  with  the
  departments  of agriculture and markets and education and other affected
  public or private organizations. Plants included in such list  or  lists
  may be so included for purposes of the entire state or portions thereof.
  Such  list  or  lists  may  be  modified in whole or in part through the
  institution of a permit or waiver-issuing procedure.
    3. No person shall, in any area designated  by  such  list  or  lists,
  knowingly  pick,  pluck,  sever,  remove,  damage  by the application of
  herbicides or defoliants or carry away, without the consent of the owner
  thereof, any protected plant. An offense under this section shall  be  a
  violation, punishable by a fine of not to exceed twenty-five dollars.
    4.   The   department   is  authorized  to  regulate  the  harvesting,
  collection,  sale,  and   exportation   of   American   ginseng   (Panax
  quinquefolius)  plants,  roots  and  cuttings. The department is further
  authorized  to  promulgate  rules  and  regulations  to  implement   the
  authority conferred herein.