N.Y. Environmental Conservation Law Section 11-0535-B
Vulnerable species


1.

As used in this section, “vulnerable species” shall mean any species of wildlife designated by the department, by regulation filed with the secretary of state, which meet the following criteria:

(a)

On the basis of credible scientific evidence, which may include information contained on the international union for conservation of nature and natural resources red list of threatened species, or other similar data:

(i)

the species has an observed, estimated or projected population decline that if unreversed, will likely result in the species becoming endangered or threatened within the foreseeable future; or

(ii)

other factors that may cause the species to go extinct if they are not identified and reversed;

(b)

The species is known to be in trade in this state;

(c)

The species is not protected as an endangered or threatened species by the secretary of the interior; and

(d)

The species is not protected under the Marine Mammal Protection Act.

2.

Except as otherwise provided in subdivision three of this section, no person shall sell, or possess with the intent to sell, any article made in whole or in part from the skin, hide, or other parts of any vulnerable species, except under license or permit from the department.

3.

The commissioner may issue licenses or permits for the sale or possession with intent to sell of any article made in whole or in part from the skin, hide, or other parts of any vulnerable species, provided that:

(a)

the article is part of a bona fide antique and the antique status of such antique is established by the owner or seller thereof with historical documentation evidencing provenance and showing the antique to be not less than one hundred years old; or

(b)

the article is for bona fide educational or scientific purposes, or to be made part of a temporary or permanent collection of a museum chartered by the board of regents pursuant to the education law or to a museum authorized by a special charter from the legislature of this state, provided that the article is not thereafter sold to any private party.

4.

The department shall maintain a list of vulnerable species identified pursuant to this section and post such list on the department’s website.

5.

Species shall not be designated as a vulnerable species for the purposes of this section if:

(a)

the species is protected pursuant to any other provision of this chapter; or

(b)

the taking of the species is regulated by the department pursuant to permit or license.

Source: Section 11-0535-B — Vulnerable species, https://www.­nysenate.­gov/legislation/laws/ENV/11-0535-B (updated Apr. 24, 2020; accessed Dec. 21, 2024).

11‑0501
Fish and wildlife management practices cooperative program
11‑0503
Polluting streams prohibited
11‑0505
Interference with fish and wildlife
11‑0507
Liberation of fish, shellfish and wildlife
11‑0509
Water chestnut
11‑0511
Possession and transportation of wildlife
11‑0512
Possession, sale, barter, transfer, exchange and import of wild animals as pets prohibited
11‑0513
Pigeons
11‑0514
Eurasian boars prohibited
11‑0515
Licenses to collect, possess or sell for propagation, scientific or exhibition purposes
11‑0517
Taking for propagation and stocking
11‑0519
Disposition of fish, wildlife, game, shellfish, crustacea or protected insects seized by or surrendered to enforcement officers
11‑0521
Destructive wildlife
11‑0522
Urban deer management pilot program
11‑0522‑A
Long Island deer management pilot program
11‑0523
Destructive or menacing wildlife
11‑0524
Nuisance wildlife control operators
11‑0525
Control of rabies in wildlife
11‑0527
State aid to counties participating in control of rabies in wildlife
11‑0529
Cats hunting birds
11‑0531
Bounties prohibited
11‑0533
Licensing of guides
11‑0535
Endangered and threatened species, species of special concern
11‑0535‑A
Illegal ivory articles and rhinoceros horns
11‑0535‑B
Vulnerable species
11‑0535‑C
Endangered and threatened species mitigation bank fund
11‑0536
Sale of certain wild animals or wild animal products prohibited
11‑0537
Bald and golden eagles
11‑0538
Direct contact between public and big cats prohibited
11‑0539
New York natural heritage program
11‑0540
Prohibition on permits authorizing the use of elephants in entertainment acts

Accessed:
Dec. 21, 2024

Last modified:
Apr. 24, 2020

§ 11-0535-B’s source at nysenate​.gov

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