Bill Text: NY A04077 | 2019-2020 | General Assembly | Amended


Bill Title: Requires the commissioner of the department of environmental conservation to include species designated by the Secretary of the Interior as endangered or threatened to the endangered and threatened species list.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2020-09-21 - signed chap.170 [A04077 Detail]

Download: New_York-2019-A04077-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4077--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 1, 2019
                                       ___________

        Introduced  by M. of A. BARRETT, ORTIZ, COLTON, L. ROSENTHAL, GOTTFRIED,
          STECK -- read once and referred  to  the  Committee  on  Environmental
          Conservation  -- recommitted to the Committee on Environmental Conser-
          vation in accordance  with  Assembly  Rule  3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT  to amend the environmental conservation law, in relation to the
          removal of species from the endangered and threatened species list

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  1  of  section  11-0535 of the environmental
     2  conservation law, as amended by chapter 706 of  the  laws  of  2005,  is
     3  amended to read as follows:
     4    1.  For  the purposes of this section, "endangered species" shall mean
     5  those species of fish, shellfish, crustacea and wildlife  designated  by
     6  the  department,  by  regulation  filed  with the Secretary of State, as
     7  seriously threatened with extinction, "threatened  species"  shall  mean
     8  those  species  of  fish  and  wildlife designated by the department, by
     9  regulation filed with the Secretary of State, which are likely to become
    10  endangered species within the foreseeable future  throughout  all  or  a
    11  significant  portion  of  their  range, and "species of special concern"
    12  shall mean those species of fish and wildlife designated by the  depart-
    13  ment,  by  regulation filed with the Secretary of State, which are found
    14  by the department to be at risk of becoming threatened in New York. Such
    15  regulation shall include, but not be limited to, endangered and  threat-
    16  ened  species  as  so  designated  by  the  Secretary  of  the Interior,
    17  provided, however, that such regulation shall  take  effect  sixty  days
    18  after  it  has  been  filed  with  the Secretary of State, and provided,
    19  further, that [the] any endangered or threatened species  as  so  desig-
    20  nated  by  the  Secretary  of  the  Interior  shall  be  subject  to the
    21  restrictions of this section, regardless of the removal of  such  desig-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08488-05-0

        A. 4077--A                          2

     1  nation  as  an  endangered or threatened species by the Secretary of the
     2  Interior. The commissioner may exclude any such species as  the  commis-
     3  sioner  may  determine after investigation to be no longer endangered or
     4  threatened from the restrictions of this section.
     5    § 2. This act shall take effect immediately.
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