N.Y. Comp. Codes R. & Regs. tit. 6 § 182.3

Current through Register Vol. 46, No. 50, December 11, 2024

Section 182.3 - Listing of endangered and threatened species

(a) Coordinated listing. All native species present or formerly present in New York listed as endangered or threatened by the United States Department of the Interior in the Code of Federal Regulations (50 CFR part 17) will be included on New York's list of endangered or threatened species in this Part.

(b) General criteria for listing. The department will consider one or more of the following factors when determining whether a species should be listed as endangered or threatened in New York:

(1) whether the current number of viable and self-sustaining populations of the species statewide is sufficient to ensure continued survival of the species in the State;

(2) whether the total number of reproducing individuals is currently sufficient to ensure continued survival of the species in the State;

(3) whether the species is designated as a federal candidate species under the Federal Endangered Species Act or is listed as endangered or threatened in three or more adjacent states or provinces;

(4) whether the species has declined non-cyclically throughout a significant portion of its range in the State or in the United States.

(5) whether the present or threatened destruction, modification, or curtailment of the species' habitat or range within the State threatens the continued survival of the species in the State;

(6) whether the overuse of the species for commercial, sporting, scientific, educational, or other purpose threatens the continued survival of the species in the State;

(7) whether disease, pollution, contaminants, predation, or interspecific competition threatens the continued survival of the species in the State;

(8) the adequacy of existing regulatory mechanisms to protect the species or its habitat;

(9) other natural or human-made factors affecting the species' continued survival within the State;

(10) whether the species is restricted geographically in the State; and

(11) whether the species' biology makes it highly susceptible to changes in its environment.

(c) Additional criteria for listing. Only species native to New York and existing in the wild within the State with some regularity during a portion of its annual life cycle will be considered for listing by the department as endangered or threatened. Species that are exotic, or were deliberately or accidentally introduced into New York, the United States, or North America by humans, or are vagrant or an accidental visitor will not be considered for listing. Currently extirpated species are eligible for listing by the department as endangered or threatened if the species is documented to have been native in New York, and if suitable habitat for the species remains or could be created.

(d) Criteria for de-listing. A species will be removed from the list of endangered species and added to the list of threatened species in New York when, after applying the factors set forth in subdivision (b) of this section, the department determines that the species no longer qualifies for listing as endangered. A species will be removed from the list of threatened species and added to the list of species of special concern in New York when, after applying the factors set forth in subdivision (b) of this section, the department determines that the species no longer qualifies for listing as threatened.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 182.3

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

Adopted New York State Register December 4, 2024/Volume XLVI, Issue 49, eff. 12/4/2024