NY Env Conserv L § 11-0539 (2021)
2021 New York Laws ENV - Environmental Conservation Article 11 - Fish and Wildlife Title 5 - Fish and Wildlife Management Practices Cooperative Program; Prohibitions; Taking of Fish, Wildlife, Shellfish and Crustacea for Scientific Or 11-0539 - New York Natural Heritage Program.

§ 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 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.