2022 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.

§ 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.