NY Env Conserv L § 11-2001 (2021)
2021 New York Laws ENV - Environmental Conservation Article 11 - Fish and Wildlife Title 20 - New York State Bird Conservation Area Program 11-2001 - New York State Bird Conservation Area Program.

§ 11-2001. New York state bird conservation area program.1.  There  shall  be  created  a New York state bird conservation area   program which shall  consist  of  such  state-owned  waters,  lands,  or   portions  thereof  as are necessary to safeguard and enhance populations   of wild birds native to New York state and  the  habitats  therein  that   birds   are   dependent  upon  for  breeding,  migration,  shelter,  and   sustenance.2. Any property designated shall be described and depicted upon a  map   and  a  copy  of  any  and  all such documents shall be forwarded to the   commissioner for inventory, research, and  reference  purposes  for  the   general  public. A master inventory list and maps of properties that are   designated as part of the New York state bird conservation area  program   shall  be kept on file by the commissioner who shall also deposit a copy   of such at the New York state museum and science  service,  and  at  the   Cornell Laboratory of Ornithology.3.  For  purposes  of  this title the term "important bird area" shall   mean a site providing habitat to one or  more  species  of  breeding  or   non-breeding  birds  bounded  by  natural  or  anthropogenic features or   boundaries. To be eligible for designation under  this  section  a  site   must  be  an  important bird area. Any site that meets or matches one or   more of the following criteria in this subdivision   shall  be  eligible   for  designation  as  part  of the New York state bird conservation area   program because it is an important bird area.a. Waterfowl concentration site: a location that regularly supports at   least two thousand birds  such  as  loons,  grebes,  cormorants,  geese,   ducks, coots, and moorhens.b.  Pelagic  seabird site: a location that regularly supports at least   one hundred birds of open  water  such  as  shearwaters,  storm-petrels,   terns,  fulmars,  gannets,  jaegers, alcids, and other like birds and/or   ten thousand gulls at one time during some part of the year so  long  as   the primary food source for such birds is not anthropogenic.c.  Shorebird  concentration  site:  a location that supports at least   three hundred birds such as plovers, sandpipers, and  other  like  birds   during some part of the year.d.  Wading  bird concentration site: a location that supports at least   one hundred birds such as bitterns, herons, egrets,  ibises,  and  other   like birds during some part of the year.e.  Migratory concentration site: a location that is a flight corridor   rest stopover site for an exceptional number or diversity  of  migratory   songbirds during either spring or fall seasons.f.  Diverse  species  concentration  site:  a location that supports a   distinctive group of indigenous bird species that is the consequence  of   local  habitats  that  are resultant of unique vegetational, geological,   geographical, topographical, or microclimatological circumstances.g. Individual species concentration site: a location that supports  at   least  one  bird  species  during  one  or more seasons of the year as a   regionally unique, dense (for the species) population.h. Species at risk site: (1) a location that  supports  a  significant   population  of  a species that is listed either federally or by New York   state as endangered, threatened, or of special  concern,  or  (2)  which   supports  a  species  that is verified by either the commissioner or the   state ornithologist as being rare or declining within New York state, or   (3)  an  exceptional,  rare,  or  remnant  native  habitat,   vegetative   community,  or  landscape  segment that supports one or more significant   habitat dependent populations of wild bird species.i. Bird research  site:  a  location  where  a  wild  bird  population   research  and/or  monitoring  project of at least five consecutive years   duration is conducted and contributes  to  the  science  of  ornithology    and/or  bird  conservation  policy through publicly accessible scholarly   and/or scientific publications.4.  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.5.  A  designating  state  agency  or  entity  shall  publish   notice   concerning the designation of a New York state bird conservation 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.6. The head of any state agency or  entity  having  jurisdiction  over   state  lands  or  waters  previously  designated  as New York state bird   conservation 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  subdivision  three   of  this  section.  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.