N.Y. Comp. Codes R. & Regs. tit. 6 § 182.17

Current through Register Vol. 46, No. 45, November 2, 2024

Section 182.17 - Experimental Population Designation

(a) Experimental populations are designated by the department through the following process:

(1) A proposal is prepared that meets the following criteria:

(i) The proposal must identify the species and define the experimental population area covered by the experimental population designation.

(ii) Experimental population areas must be geographically distinct from existing habitat occupied by the target species. The boundaries of experimental population areas will follow existing county, town and village boundaries to the maximum extent practicable.

(iii) To be considered as an experimental population area, the Department must conclude that enough suitable habitat, in terms of quantity, quality, and existing protected status, exists in the geographic area to be designated such that the likelihood of successful establishment is reasonably assured.

(2) The department will publish the proposal in the Environmental Notice Bulletin and provide notice of publication to the chief executive officers) of the municipality or municipalities in the affected geographic area identified in the proposal.

(3) Upon publication in the Environmental Notice Bulletin, there will be a 30 day public comment period that begins on the day of publication.

(4) Upon completion of the public comment period, the department will make a decision to adopt, modify or reject the proposal.

(5) If the department modifies the proposal, it will republish the modified proposal and resume the process as indicated in part (2) of this subsection.

(6) If the department adopts the proposal, the experimental population designation becomes official upon the date of publication by the department of its decision to adopt the proposal in the Environmental Notice Bulletin.

(b) Once designated as an experimental population, that designation continues until either the department publishes a notice to the Environmental Notice Bulletin to remove the designation or the species is removed from the list of threatened and endangered species in 182.5.

(c) Animals of a listed species that belong to an experimental population are still protected wildlife pursuant to ll-0103(6)(c) and are protected from intentional take, but their presence cannot be used to identify occupied habitat for regulatory purposes.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 182.17

Adopted New York State Register March 17, 2021/Volume XLIII, Issue 11, eff. 3/17/2021