Bill Text: NY S05196 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires the commissioner of the department of environmental conservation to conduct an investigation prior to removing a species from the endangered and threatened species list.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed - Dead) 2020-03-11 - referred to environmental conservation [S05196 Detail]

Download: New_York-2019-S05196-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5196
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 15, 2019
                                       ___________
        Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
        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  commissioner  may  exclude any such species as the
    20  commissioner may determine after investigation to be  no  longer  endan-
    21  gered  or  threatened  from the restrictions of this section] any endan-
    22  gered or threatened species as so designated by  the  Secretary  of  the
    23  Interior  shall  be subject to the restrictions of this section, regard-
    24  less of the removal of such designation as an endangered  or  threatened
    25  species by the Secretary of the Interior, until such time as the commis-
    26  sioner  determines,  after investigation, that such species is no longer
    27  endangered or threatened.
    28    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08488-01-9