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DEC Seeks Public Input on Proposed Endangered Species Protections

October 01, 2020   08:30 p.m.
    Press Release from NYS DEC:

    DEC Seeks Public Input on Proposed Endangered Species Protections

    Revised Regulatory Proposal Would Strengthen Protections for Threatened and
    Endangered Wildlife

    The New York State Department of Environmental Conservation (DEC) today
    announced the agency is accepting public comment on a revised regulatory
    proposal to strengthen protections for threatened and endangered wildlife in New
    York. The proposal promotes sharing information between landowners and DEC
    staff during permit reviews for projects on lands where endangered or threatened
    species may be located, helping improve the pace of permit decisions and to
    better avoid negative impacts to vulnerable wildlife populations.

    Identifying and addressing potential impacts to endangered and threatened
    species and their habitats early in the project planning process is the most
    successful way to avoid harmful effects on these critical species during
    construction and site development. The proposed changes in the revised
    regulations will help prevent project delays and expedite DEC's application
    process by better clarifying criteria needed to determine whether endangered
    and threatened species are present on a property, and also enhances DEC's
    ability to undertake protected species restoration efforts with cooperating
    landowners, among other changes.

    The proposed regulations clarify what permit applicants must provide to DEC
    when seeking a decision on whether a project located where endangered or
    threatened species are living could result in impacts to these species. Since first
    proposed in 2019, DEC revised the proposal to better clarify ongoing federal
    authority in protecting listed endangered and threatened species.

    Also, the proposed regulation revisions allow DEC to establish an experimental
    population outside the current range for any endangered or threatened species
    to help enable its recovery. Experimental populations are created by the
    intentional release of a listed species in an effort to increase their numbers. The
    regulation revision would enable restoration efforts in protected lands such as
    Wildlife Management Areas or State Forests without placing a regulatory burden
    on adjacent property owners. DEC will post proposed experimental population
    designations for public review and will not remove any species protections
    already in place.

    The revised regulatory proposal is titled "Part 182, Clarifying determination of
    jurisdiction under the Endangered and Threatened Fish and Wildlife regulations"
    and is available at DEC's website. Written comments will be accepted through
    close of business on Nov. 16, 2020 to: Dan Rosenblatt, NYSDEC, 625
    Broadway, Albany, NY 12233-4754 or e-mail comments to: wildliferegs@dec.ny.
    gov; subject line "Endangered Species Regulation."

    DEC also continues to evaluate public comments received from a preproposal to
    revise the current list of endangered and threatened species and will develop a
    regulatory proposal based on the feedback received.