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2021 New York Laws
ENV - Environmental Conservation
Article 11 - Fish and Wildlife
Title 5 - Fish and Wildlife Management Practices Cooperative Program; Prohibitions; Taking of Fish, Wildlife, Shellfish and Crustacea for Scientific Or
11-0539 - New York Natural Heritage Program.

Universal Citation:
NY Env Conserv L § 11-0539 (2021)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
§ 11-0539. New York natural heritage program.
  1.  There  is  hereby  established  within the department the New York
natural heritage program. The program is charged with:
  a. analyzing existing sources of information,  monitoring  and  taking
censuses  of  plant  and  animal populations, and cooperating with other
public agencies and scientific and educational  institutions,  including
the  New  York  state  museum  and  the  office of parks, recreation and
historic preservation, to identify the location and status of plant  and
animal  species  and  ecological  communities,  with an emphasis on rare
species and rare ecological communities;
  b. developing systems for ranking the state and global rarity of plant
and animal species and ecological communities  and  producing  lists  of
such rankings in consultation with the state biological survey and other
appropriate entities and individuals; and
  c.  maintaining  comprehensive  data  management  systems  integrating
information on the location and status  of  rare  plants,  animals,  and
ecological  communities, and analyzing and interpreting such information
for the purpose  of  conserving  and  managing  the  state's  biological
diversity.
  2.  Upon request, and subject to the provisions of subdivision four of
this section, the department shall provide information from the New York
natural heritage program to other state  agencies,  public  authorities,
counties,  towns,  villages,  cities  and landowners or their authorized
representatives.
  3. The department may contract with a private entity to administer the
New York natural heritage program.
  4. Notwithstanding  the  provisions  of  article  six  of  the  public
officers  law  or  any  other  provision of law, the department may deny
access to inspection  of  records,  data  or  information  collected  or
maintained  by  the  New  York  natural  heritage  program that identify
locations or habitats of  rare,  threatened  or  endangered  species  or
ecological  communities  where  the  destruction  of such habitat or the
removal of such species therefrom would impair their ability to survive,
provided, however, that the  commissioner  may  permit  access  to  such
records,   data   or  information  to  persons,  educators,  schools  or
universities engaged in legitimate scientific and academic research.
  5. No provision  contained  in  this  section  shall  in  any  way  be
construed  to  diminish  or extend the department's authority to protect
threatened or endangered species of  wildlife  or  rare,  threatened  or
endangered  species  of  plants pursuant to sections 9-1503, 11-0535 and
11-0536 of this chapter or any other provision of law.
  6. Nothing in this section shall authorize any person to enter private
land without the permission of the private landowner.
  7. State-owned waters, lands or portions thereof may be designated  as
natural  heritage areas in order to conserve and manage plants, wildlife
or ecological communities, with an emphasis on  rare  plants,  wildlife,
and ecological communities which support such plants or wildlife.
  a.  For  purposes  of  this  title,  a  site  shall  be  eligible  for
designation as a "natural heritage area" if it matches one  or  more  of
the following criteria:

(i) provides habitat for "endangered species" or "threatened species" as defined in section 11-0535 of this title for animals and 9-1503 of this chapter for plants;

(ii) provides habitat for rare species where rare means species ranked as S1, S2 or S3 under criteria developed pursuant to paragraph b of subdivision one of this section; or

(iii) contains "significant ecological communities" where such term means all rare ecological communities as well as the best examples of common communities. b. Any property designated as a natural heritage area shall be described and depicted upon a map. The description shall include a narrative setting forth the plants, animals or ecological communities present on the property. The department shall make maps depicting natural heritage areas available for public inspection except as provided in subdivision four of this section. c. Designation may be accomplished by the head of any state agency or entity having jurisdiction over state lands or waters for such appropriate properties as may exist within their respective jurisdictions and consistent with their respective missions, provided the commissioner is consulted, and approves, prior to such designation. d. A designating state agency or entity shall publish notice concerning the designation of a natural heritage area in the environmental notice bulletin prior to such designation. Such notice shall provide for a thirty day public comment period following publication of the notice. e. The head of any state agency or entity having jurisdiction over state lands or waters previously designated as natural heritage areas may seek to remove all or a portion of such lands or waters from such designation provided, however, that prior to such removal the commissioner publishes a finding that the designated area or portion of such area no longer meets the criteria in paragraph a of this subdivision. Such finding shall be published in the environmental notice bulletin and shall provide for a thirty day public comment period following publication of the notice.

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