N.Y. Environmental Conservation Law Section 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 § 11-0535 (Endangered and threatened species, species of special concern)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.

Source: Section 11-0539 — New York natural heritage program, https://www.­nysenate.­gov/legislation/laws/ENV/11-0539 (updated Sep. 22, 2014; accessed Jul. 20, 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:
Jul. 20, 2024

Last modified:
Sep. 22, 2014

§ 11-0539’s source at nysenate​.gov

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