reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 182 - ENDANGERED AND THREATENED SPECIES OF FISH AND WILDLIFE; SPECIES OF SPECIAL CONCERN; INCIDENTAL TAKE PERMITS › Section 182.3 - Listing of endangered and threatened species

Current through Register Vol. 46, No. 28, July 10, 2024
(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 New York 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 New York;
(6) whether
				  the overuse of the species for commercial, sporting, scientific, educational,
				  or other purpose threatens the continued survival of the species in New
				  York;
(7) whether disease,
				  pollution, contaminants, predation, or interspecific competition threatens the
				  continued survival of the species in New York;
(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 New York; and
(11) whether the species' biology makes it
				  highly susceptible to changes in its environment.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 182 - ENDANGERED AND THREATENED SPECIES OF FISH AND WILDLIFE; SPECIES OF SPECIAL CONCERN; INCIDENTAL TAKE PERMITS › Section 182.4 - Listing of species of special concern

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Criteria for listing. The department will
				  consider one or more of the following factors to determine whether a native
				  species should be listed as a species of special concern in New York:
(1) The species is designated as a Federal
				  Candidate species under the Federal Endangered Species Act or is listed as
				  endangered or threatened in any adjacent state or province;
(2) the species is determined to be in some
				  jeopardy due to adverse trends to which it is vulnerable, and if not monitored
				  or ameliorated, could lead to more serious decline and listing as either an
				  endangered or threatened species in New York;
(3) the species appears to have undergone a
				  serious, non-cyclical decline or could do so if protection or proactive
				  management steps are not undertaken; and
(4) the species is sufficiently uncommon or
				  severely restricted in its range in New York that any reduction in its
				  population or habitat may cause it to become threatened in the foreseeable
				  future.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 182 - ENDANGERED AND THREATENED SPECIES OF FISH AND WILDLIFE; SPECIES OF SPECIAL CONCERN; INCIDENTAL TAKE PERMITS › Section 182.6 - Recovery plans and restoration plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Recovery plans. The department may, at
				  its discretion, prepare and adopt a recovery plan for any species listed in
				  this Part. A recovery plan will set forth goals and objectives to foster the
				  continued survival, recovery, and eventual de-listing of the species, and will
				  also include the most current information on the biology, needs, management of
				  and threats to the species. Recovery plans are not required, but may be adopted
				  by the department when sufficient information is available on any particular
				  listed species, especially when such information might be helpful in
				  identifying and recommending conservation measures that will aid in the
				  recovery of the species.
(b)
				  Restoration plans. The department may, at its discretion, prepare and adopt a
				  restoration plan for any extirpated species. A restoration plan will include
				  current biological information on the species, a discussion of its historical
				  status in New York, an analysis of past, present and future threats and habitat
				  conditions, response to management, and steps necessary for reestablishment of
				  the species in the State.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 182 - ENDANGERED AND THREATENED SPECIES OF FISH AND WILDLIFE; SPECIES OF SPECIAL CONCERN; INCIDENTAL TAKE PERMITS › Section 182.7 - Licenses

Current through Register Vol. 46, No. 28, July 10, 2024
The department may, pursuant to Part 175 of this Title,
					 issue a license to a person to transport, sell, import and/or possess any
					 species listed as endangered, threatened or species of special concern in this
					 Part for purposes it deems legitimate. Such license shall state the species to
					 which it applies and any other conditions the department may deem
					 appropriate.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 182 - ENDANGERED AND THREATENED SPECIES OF FISH AND WILDLIFE; SPECIES OF SPECIAL CONCERN; INCIDENTAL TAKE PERMITS › Section 182.8 - Prohibition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall
				  take or engage in any activity that is likely to result in a take of any
				  species listed as endangered or threatened in this Part, except as authorized
				  by an incidental take permit issued by the department pursuant to this Part or
				  as otherwise authorized as an exempt activity in section
				  182.13 of this Part.
(b)No person shall, except under permit or
				  license from the department issued pursuant to Part 175 of this Title or as
				  provided in section
				  182.14 of this Part with respect to
				  alligator, caiman or crocodile, or as provided for in Environmental
				  Conservation Law 11-0535-a with respect to sale or distribution of articles
				  containing elephant and mammoth ivory or rhinoceros horn:
(1) import, transport, possess or sell any
				  live endangered or threatened species of fish or wildlife, or any carcass, hide
				  or part thereof; or
(2) sell or
				  possess with intent to sell any article made in whole or in part from the skin,
				  hide or other part of such species unless such [species, hide or part
				  thereof]article was in the possession of such person or manufactured prior to
				  the date such species was designated as endangered or threatened by the
				  Secretary of the Interior or the department, and such possession must be
				  evidenced by such legal proof as may be required by the
				  commissioner.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 182 - ENDANGERED AND THREATENED SPECIES OF FISH AND WILDLIFE; SPECIES OF SPECIAL CONCERN; INCIDENTAL TAKE PERMITS › Section 182.9 - Request for determination whether activity is subject to regulation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				  proposing an activity or any entity with regulatory oversight over a proposed
				  activity may request a determination from the department as to whether the
				  proposed activity is likely to result in the take or taking of any species
				  listed as endangered or threatened in this Part and is therefore subject to
				  regulation under this Part. Failure to ask the department for such a
				  determination does not remove the subject activity from the potential for
				  regulation under this Part.
(b) A
				  request for a determination under subdivision (a) of this section shall be
				  directed to the appropriate regional permit administrator, shall be in writing
				  and shall, at a minimum, contain a full description of the activity being
				  proposed that includes a proposed site plan showing the limits of disturbance
				  and a map of the location of the proposed activity that includes the address
				  and tax parcel identification.
(c)
				  Department response to request for determination.
(1) Within 30 calendar days of receipt of a
				  request for determination, the department shall provide a written answer to the
				  person making the request stating whether the proposed activity is subject to
				  regulation under this Part, requesting additional information necessary to make
				  such a determination, or advising that one or more of the factors cited in
				  paragraph (3) of this subdivision require an extension of the 30-day time
				  period.
(2) If the department
				  determines that the proposed activity is subject to regulation under this Part,
				  the department's response must describe the take or taking that may result from
				  the proposed activity, including any adverse modification of habitat and/or
				  interference with or impairment of an essential behavior of a species listed as
				  endangered or threatened in section
				  182.5 of this Part.
(3) In the event that weather, the subject
				  species' essential behavior, habitat conditions or other environmental factors
				  prevent the department from making a determination within 30 calendar days, it
				  may extend such time period until a determination can be made.
(4) If the department determines the proposed
				  activity is not subject to regulation under this Part, the department's
				  determination is valid for one year from date of issuance as long as there are
				  no changes to the activities or locations proposed in the jurisdictional
				  request.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 182 - ENDANGERED AND THREATENED SPECIES OF FISH AND WILDLIFE; SPECIES OF SPECIAL CONCERN; INCIDENTAL TAKE PERMITS › Section 182.10 - Procedural requirements for incidental take permit applications and related matters

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding the provisions of Part 175 of this Title,
					 the application for incidental take permits and related matters including:
					 departmental action on permit applications; public notice and comment
					 procedures; final decisions on applications; renewals, modifications,
					 suspensions or revocations of incidental take permits by the department; and
					 special provisions relating to incidental take permits shall utilize the
					 procedures found in Part 621 of this Title (Uniform Procedures). Copies of
					 forms and regulations referred to in this Part are available from the
					 department's regional permit administrators at the locations listed in section
					 621.19 of this Title and on the
					 department's internet site.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 182 - ENDANGERED AND THREATENED SPECIES OF FISH AND WILDLIFE; SPECIES OF SPECIAL CONCERN; INCIDENTAL TAKE PERMITS › Section 182.12 - Incidental take permit issuance standards; conditions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Before an incidental take permit is
				  issued, the department must determine that:
(1) the proposed activity is an otherwise
				  lawful activity, and the taking of a species listed as endangered or threatened
				  in this Part is incidental to, and not the purpose of, the activity;
(2) the applicant has submitted to the
				  department an endangered and threatened species mitigation plan and an
				  implementation agreement that have been approved by the department in
				  writing;
(3) the implementation of
				  the conditions in the incidental take permit and the measures set forth in the
				  endangered and threatened species mitigation plan will result in a net
				  conservation benefit to the species in question. This determination will be
				  based upon the best scientific and other information that is reasonably
				  available to the department, and shall include the following:
(i) consideration of the species' capability
				  to survive and reproduce, and any adverse impacts of the taking on those
				  abilities based upon:
(a) known population
				  trends;
(b) known threats to the
				  species; and
(c) reasonably
				  foreseeable impacts on the species from other related projects or
				  activities.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 182 - ENDANGERED AND THREATENED SPECIES OF FISH AND WILDLIFE; SPECIES OF SPECIAL CONCERN; INCIDENTAL TAKE PERMITS › Section 182.13 - Exemptions from incidental take permit requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A permit under section
				  182.11 of this Part is not required
				  for the following:
(1) Activities authorized
				  and approved by the department in writing and undertaken either by the
				  department or an approved agent or contractor directly related to the
				  management, recovery or restoration of any species listed as endangered or
				  threatened in this Part.
(2) An
				  accidental and unforeseeable incidental take of any species listed as
				  endangered or threatened in this Part. The misidentification of a species will
				  not be grounds for a claim that a take was accidental and
				  unforeseeable.
(3) A taking of any
				  species listed as endangered or threatened in this Part resulting from
				  existing, routine and ongoing agricultural activities. For purposes of this
				  section, routine and ongoing agricultural activities include but are not
				  limited to cultivation and tillage of soil, crop rotation, fallowing, grazing
				  and watering of livestock, making reasonable use of water resources, planting
				  or harvesting natural or agricultural products, and otherwise engaging in the
				  use of land for growing agricultural products. For purposes of this section,
				  routine and ongoing agricultural activities must have occurred on the property
				  within the previous 5 years and do not include forest management activities or
				  the conversion of agricultural land to non-agricultural use.
(4) Public health declarations, orders, and
				  regulations of the Department of Health. Copies of all such public health
				  orders and regulations affecting any activity subject to this Part shall be
				  filed with the Department of Environmental Conservation. The commissioner may
				  request modification of such orders or regulations deemed necessary to
				  implement the policy of section
				  11-0535 of the Environmental
				  Conservation Law and this Part.
(5)
				  An activity carried out in response to an emergency authorized by the
				  department in accordance with section 70-0116 of article 70 of the
				  Environmental Conservation Law and section
				  621.12 of this Title (Uniform
				  Procedures).
(6) Activities that
				  would result in incidental take of members of an experimental population within
				  an experimental population area designated pursuant to 182.17.
(7) Activities that adversely impact occupied
				  habitat that occurs entirely within or upon manufactured structures or
				  dwellings when listed species are not present. For the purposes of this
				  section, this applies to all human construction with the exception of abandoned
				  mines and human-modified caves and tunnels that serve as hibernacula for listed
				  bats.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 182 - ENDANGERED AND THREATENED SPECIES OF FISH AND WILDLIFE; SPECIES OF SPECIAL CONCERN; INCIDENTAL TAKE PERMITS › Section 182.14 - Special rules: alligator, caiman and crocodile (order crocodylia)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definitions. As
				  used in this section, the following shall mean:
(1) Person shall mean any individual,
				  corporation, partnership, firm or any other legal entity whatsoever.
(2) Registration shall mean the document
				  issued by the department entitling the holder to import or possess alligator,
				  caiman or crocodile, or the parts thereof or products made therefrom.
(3) Permit shall mean the document issued by
				  the department to an individual retail establishment, store or outlet
				  authorizing retail sale of alligator, caiman or crocodile, or the parts thereof
				  or products made therefrom, at such individual retail establishment, store or
				  outlet.
(4) Federal permit shall
				  mean a permit to import or possess alligator, caiman or crocodile, or parts
				  thereof or products made therefrom, issued by the United States Department of
				  the Interior.
(5) Possession shall
				  mean possession with the intention of future sale, except retail sale. It shall
				  include possession for the purposes of tanning or processing hides, or
				  fabricating or finishing products made therefrom.
(6) Retail sale shall mean sale or offering
				  to sell by an individual retail establishment, store or outlet to the ultimate
				  consumer.
(7) Import shall mean to
				  bring into, or introduce into, the State of New York any alligator, caiman or
				  crocodile or the parts thereof or products made therefrom.
(8) CITES shall mean the Convention of
				  International Trade in Endangered Species of Wild Fauna and Flora, and any
				  amendments thereto.
(9) Record
				  shall mean invoices, bills of sale, bills of lading, shipping manifests or such
				  other documents as are maintained in the ordinary course of the business of a
				  person to whom a registration or permit has been issued pursuant to this
				  section, in the form of which such documents are ordinarily maintained by such
				  person, as are necessary in order that the department may be adequately, and
				  without unreasonable inconvenience, informed of the date of any transaction by
				  which alligator, caiman or crocodile parts or products were acquired and the
				  name and address of the person from whom such parts or products were
				  acquired.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 182 - ENDANGERED AND THREATENED SPECIES OF FISH AND WILDLIFE; SPECIES OF SPECIAL CONCERN; INCIDENTAL TAKE PERMITS › Section 182.15 - Incidental take permit modifications, suspensions or revocations by the department; additional provisions to section 621.13 of part 621

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An incidental take permit issued pursuant
				  to this Part may be modified, suspended or revoked at any time by the
				  department if the permittee fails to comply with the terms and conditions of an
				  endangered and threatened species mitigation plan or an implementation
				  agreement.
(b) Where an incidental
				  take permit issued pursuant to this Part has been revoked by the department,
				  the person holding such permit shall not be eligible to reapply for another
				  such permit until the expiration of two years from the date of
				  revocation.
(c) Nothing in this
				  Part shall preclude or affect the commissioner's authority to issue summary
				  abatement orders under section
				  71-0301 of the Environmental
				  Conservation Law, or to take emergency actions summarily suspending a license
				  or permit under section 401(3) of the State Administrative Procedure
				  Act.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 182 - ENDANGERED AND THREATENED SPECIES OF FISH AND WILDLIFE; SPECIES OF SPECIAL CONCERN; INCIDENTAL TAKE PERMITS › Section 182.16 - Penalties and enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
Any person who violates this Part or any license, permit or
					 order issued by the department pursuant to section
					 11-0535 of the Environmental
					 Conservation Law or pursuant to the provisions of this Part may be liable for
					 all penalties and other remedies provided for in the Environmental Conservation
					 Law. Such penalties and remedies may be in addition to any other penalty or
					 remedy available under any other law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 182 - ENDANGERED AND THREATENED SPECIES OF FISH AND WILDLIFE; SPECIES OF SPECIAL CONCERN; INCIDENTAL TAKE PERMITS › Section 182.17 - Experimental Population Designation

Current through Register Vol. 46, No. 28, July 10, 2024
(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.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 183 - License Issuing Officers › Section 183.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the following words and
					 phrases will have the indicated meanings:
(a) Commissioner means the Commissioner of
				  Environmental Conservation.
(b)
				  Department means the Department of Environmental Conservation.
(c) Licenses mean all resident and
				  nonresident hunting, fishing, trapping, bowhunting and muzzleloading licenses
				  and privileges and other special licenses or permits, issued pursuant to
				  Environmental Conservation Law, section 11-0713.
(d) Proprietor means the owner, a partner or
				  general manager of a place of business or manager of a department within a
				  place of business.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 183 - License Issuing Officers › Section 183.2 - Qualifications for Appointment as a License Issuing Officer

Current through Register Vol. 46, No. 28, July 10, 2024
A person may be eligible for appointment as a license
					 issuing officer if the following requirements have been met:
(a) Applicant is over the age of 18 years and
				  meets the residency requirements, if any, contained in Environmental
				  Conservation Law, section 11-0713(1)(a)(3).
(b) There are no outstanding liens against or
				  judgments in the name of the proprietor.
(c) The proprietor conducts a business
				  catering to the needs of hunters, trappers or fishermen for at least three
				  months each year.
(d) The annual
				  license sales at the place of business are at least 100 in the third and
				  subsequent years of appointment.
(e) If the applicant has been convicted of
				  one or more criminal offenses, he or she must be found eligible after a
				  balancing of the factors set out in Article 23-A of Correction Law. In
				  accordance with that Article, no license shall be denied by reason of the
				  applicant having been previously convicted of one or more criminal offenses
				  unless (i) there is a direct relationship between one or more of the previous
				  criminal offenses and the duties required of the license or (ii) licensing the
				  applicant would involve an unreasonable risk to property or the safety or
				  welfare of a specific individual or the general public. In determining these
				  questions, the agency will look at all factors listed under New York State
				  Correction Law Section 753.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 183 - License Issuing Officers › Section 183.3 - Qualifications for Appointment as an Assistant License Issuing Officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A license
				  issuing officer may nominate for appointment as assistant license issuing
				  officers employees in their place of business.
(b) To be eligible for appointment as an
				  assistant license issuing officer, such employee will have to meet the
				  eligibility requirements set forth in section
				  183.2(b) of this
				  Part.
(c) The license issuing
				  officer will be responsible for the proper performance of such assistant
				  license issuing officers in regard to the issuance of licenses.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 183 - License Issuing Officers › Section 183.4 - Appointment as license issuing officer or assistant license issuing officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Application for
				  appointment as a license issuing officer or assistant license issuing officer
				  will be submitted to the regional director of the departmental region in which
				  the place of business is located.
(b) Appointment as a license issuing officer
				  or assistant license issuing officer will be made by the commissioner or his
				  designee, after a determination has been made that the eligibility requirements
				  for appointment have been met.
(c)
				  An appointment as a license issuing officer will be valid until terminated by
				  the commissioner or his designee for cause as specified in section
				  183.6 of this Part or by
				  resignation, death or bankruptcy of the license issuing officer.
(d) An appointment as an assistant license
				  issuing officer will continue until:
(1)
				  terminated by the commissioner or his designee as specified in section
				  183.6;
(2) he/she is no longer employed at the place
				  of business of the sponsoring license issuing officer;
(3) termination of the appointment of the
				  sponsoring license issuing officer; or
(4) resignation or death.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 183 - License Issuing Officers › Section 183.5 - Performance of duty of license issuing officers and assistant license issuing officers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				  license issuing officer will remove from his place of business unsold licenses
				  consigned thereto without the prior written approval of the
				  department.
(b) No license issuing
				  officer will fail to provide license issuing services in a timely, efficient
				  and businesslike manner.
(c) No
				  license issuing officer will refuse to sell a license to a person who is
				  qualified to obtain such.
(d) No
				  license issuing officer may bring direct or indirect pressure on a license
				  applicant to make a purchase in the place of business in order to obtain a
				  license.
(e) No license issuing
				  officer will fail to comply with applicable provisions of title 7 of article 11
				  of the ECL or with the department's instructions concerning methods of license
				  issuance, bonding, reporting or remittance of fees.
(f) No license issuing officer will refuse to
				  distribute to eligible persons who so request in person a license application,
				  hunting, fishing or trapping guide, or any other material supplied by the
				  department relating to hunting, fishing and trapping licenses and
				  permits.
(g) No license issuing
				  officer will fail to display in a prominent place in the place of business a
				  sign provided by the department which advises the public that such place of
				  business is authorized to issue licenses.
(h) No license issuing officer will fail to
				  report promptly to the local police and the department the theft from his place
				  of business of unsold licenses or monies from sold licenses.
(i) No license issuing officer will fail to
				  submit in a timely manner all required records, reports and remittances to the
				  department and to draft and sign them properly.
(j) No license issuing officer will fail to
				  notify the department at least 90 days in advance of moving his place of
				  business to a new location.
(k) No
				  license issuing officer will fail to allow authorized department employees to
				  inspect his license-issuing operations and records at any reasonable
				  time.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 183 - License Issuing Officers › Section 183.6 - Termination of appointment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  commissioner or his designee may terminate the appointment of a license issuing
				  officer or the appointment of an assistant license issuing officer at any time,
				  for any of the following reasons, and may in his discretion afford an
				  opportunity for a hearing with respect thereto:
(1) the annual license sales at a place of
				  business are less than 100, as specified in section
				  183.2(e) of this
				  Part;
(2) ownership of the place of
				  business has changed;
(3) the
				  license issuing officer or assistant license issuing officer for whom he is
				  responsible has violated any of the requirements relative to the performance of
				  duty as provided by section
				  183.5 of this Part, as
				  appropriate;
(4) the officer has
				  ceased to meet the eligibility requirements for appointment as set forth in
				  section 183.2 or
				  183.3 of this Part, as
				  appropriate.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 184 - Wildlife Rehabilitators › Section 184.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The proper care
				  of distressed wildlife requires special knowledge and facilities not possessed
				  by the general public. The purpose of this Part is to establish a specially
				  trained group of individuals, collectively called wildlife rehabilitators, to
				  provide for the care of injured and debilitated wildlife so that such wildlife
				  may be returned to the wild. Appointed by the Department of Environmental
				  Conservation and licensed pursuant to Environmental Conservation Law, section
				  11-0515, the wildlife rehabilitator is authorized to possess wildlife found by
				  other persons and provide necessary aid. By encouraging that injured or
				  debilitated wildlife be placed in the care of specially trained wildlife
				  rehabilitators, it is possible to achieve more humane care and greater
				  expectation that distressed wildlife can be returned to the wild.
(b) Nothing in this Part authorizes or is
				  intended to authorize a licensed wildlife rehabilitator to practice veterinary
				  medicine in violation of article 135 of the Education Law. A rehabilitator
				  rendering gratuitous services in case of emergency should not attempt diagnosis
				  or treatment beyond his or her level of skill and training.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 184 - Wildlife Rehabilitators › Section 184.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part:
(a) Commissioner means the Commissioner of
				  Environmental Conservation.
(b)
				  Department means the Department of Environmental Conservation.
(c) License means the license to possess
				  wildlife issued pursuant to Environmental Conservation Law, section
				  11-0515.
(d) Wildlife means animal
				  life existing in a wild state.
(e)
				  Wildlife rehabilitator means Class II, Class I, and Assistant Wildlife
				  Rehabilitator.
(f) Wildlife
				  rehabilitation means the practice of providing care for injured or debilitated
				  wildlife, including their capture, housing, feeding, emergency treatment and
				  release to the wild.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 184 - Wildlife Rehabilitators › Section 184.3 - Qualifications for appointment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Class I
				  Wildlife Rehabilitator and Class II Wildlife Rehabilitator must:
(1) be over the age of 16 years and a
				  resident of New York State
(2)
				  receive a grade of 80 percent or higher on a written examination administered
				  by the department and designed to test knowledge in the field of wildlife
				  rehabilitation;
(3) be interviewed,
				  by a regional department employee responsible for the wildlife rehabilitation
				  program, to assess the applicant's proficiency in wildlife rehabilitation; and
(4) if convicted of one or more
				  criminal offenses, be found eligible after a balancing of the factors set out
				  in Article 23-A of Correction Law. In accordance with that Article, no license
				  shall be denied by reason of the applicant having been previously convicted of
				  one or more criminal offenses unless (i) there is a direct relationship between
				  one or more of the previous criminal offenses and the duties required of the
				  license or (ii) licensing the applicant would involve an unreasonable risk to
				  property or the safety or welfare of a specific individual or the general
				  public. In determining these questions, the agency will look at all factors
				  listed under New York State Correction Law Section 753.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 184 - Wildlife Rehabilitators › Section 184.4 - Additional criteria for appointments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Class II
				  Wildlife Rehabilitator may be assisted by and provide training to one or more
				  assistant wildlife rehabilitators upon approval by the department of an outline
				  of training methods and procedures to assure control over the activities of
				  appointed assistant wildlife rehabilitators, and the Class II Wildlife
				  Rehabilitator shall be responsible for the proper performance of duties of all
				  assistant wildlife rehabilitators under their supervision.
(b) A Class II Wildlife Rehabilitator may
				  nominate an assistant wildlife rehabilitator who was trained by and previously
				  assisted another Class II Wildlife Rehabilitator. In such case it shall be at
				  the discretion of this Class II Wildlife Rehabilitator whether or not to
				  require further training.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 184 - Wildlife Rehabilitators › Section 184.5 - Appointment

Current through Register Vol. 46, No. 28, July 10, 2024
Persons who meet or exceed the qualifications for
					 appointment pursuant to section 184.3 or
					 184.4 of this Part will be issued
					 the appropriate wildlife rehabilitator license: Class I, Class II or Assistant
					 Wildlife Rehabilitator.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 184 - Wildlife Rehabilitators › Section 184.6 - Duties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The wildlife
				  rehabilitator must:
(1) practice wildlife
				  rehabilitation in a humane and professional manner;
(2) consult licensed veterinarians as
				  necessary to ensure that proper care is administered to injured or debilitated
				  wildlife;
(3) not require payment
				  for the care or treatment of wildlife. Nothing herein, however, will prevent
				  the wildlife rehabilitator from accepting voluntary donations made toward
				  rehabilitation services;
(4) comply
				  with applicable provisions of the Environmental Conservation Law and rules and
				  regulations adopted pursuant thereto and with the department's instructions
				  concerning methods of wildlife rehabilitation, reporting requirements and any
				  conditions contained in their license;
(5) display in a prominent place the license
				  provided by the department. A wildlife rehabilitator identification card must
				  be carried by the licensee when in possession of wildlife afield;
(6) submit to the department in a timely
				  manner all required records and reports properly executed;
(7) notify the department at least 90 days in
				  advance of moving their place of operation to a new location;
(8) allow authorized department employees to
				  inspect their wildlife rehabilitation operations and records at any reasonable
				  time; and
(9) participate in
				  training programs required by the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 184 - Wildlife Rehabilitators › Section 184.7 - Revocation of license

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  department may revoke a license issued pursuant to this Part if:
(1) a Class I or Class II Wildlife
				  Rehabilitator has failed to perform duties as provided in section
				  184.6 of this Part; or
(2) an Assistant Wildlife Rehabilitator no
				  longer is endorsed by the nominating Class II Wildlife Rehabilitator, or the
				  nominating Class II Wildlife Rehabilitator no longer possesses a valid license
				  issued pursuant to this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 185 - MIGRATORY BIRD PRODUCTS › Section 185.0 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
These regulations govern the production and sale of
					 migratory bird products.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 185 - MIGRATORY BIRD PRODUCTS › Section 185.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following terms have the
					 following meanings:
(a) Department
				  means the Department of Environmental Conservation.
(b) License issuing officers means
				  Environmental Conservation Officers, other authorized employees of the
				  department, clerks of a county, town or city, and other persons appointed by
				  the commissioner of the department as authorized by section
				  11-0713 of the Environmental
				  Conservation Law.
(c) Migratory
				  bird products means stamps, prints, posters, pins, note cards, and other
				  products containing the migratory bird print images produced by or for the
				  department as part of the migratory bird stamp program authorized by section
				  11-0307 of the Environmental
				  Conservation Law.
(d) Issue year
				  means the calendar year in which a particular design of migratory bird stamps
				  is first issued for sale to the public.
(e) Doubled barred stamps means migratory
				  bird stamps on which two black lines are printed through the price of the
				  stamp.
(f) Mint stamps means
				  individual stamps that are uncancelled with the original gum on the back, and
				  are in the same condition as new.
(g) Full sheet means a complete page of mint
				  stamps with five stamps across and six stamps down with the original gum on the
				  back and printing plate number or numbers in the margin of all four corners of
				  the page.
(h) Plate block means a
				  block of four mint stamps with two stamps across and two stamps down taken from
				  a corner of a full sheet with the printing plate number or numbers in the
				  margin.
(i) Artist signed stamps
				  means mint stamps, whether individual, plate block or full sheet, bearing on
				  each stamp the signature of the artist who designed the stamps. Such signature
				  shall be hand written by the artist and not printed or placed on the stamps by
				  other mechanical means.
(j) Regular
				  edition means a series of artist-signed and numbered prints.
(k) Medallion edition means a series of
				  artist-signed and numbered prints, each of which include a specially minted
				  medallion.
(l) Executive edition
				  means a series of artist-signed and numbered prints, each of which include a
				  specially minted medallion and an original artist color remarque.
(m) Conservation edition means a series of
				  artist-signed and numbered prints, produced for the specific purpose of
				  promoting the migratory bird program and the sale of prints and
				  stamps.
(n) Artist proof means a
				  series of prints that are retained by the artist for his or her personal
				  use.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 185 - MIGRATORY BIRD PRODUCTS › Section 185.2 - Production

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department
				  may enter into contracts for the production of migratory bird products and for
				  services in connection therewith including, but not limited to, printing,
				  manufacturing, distribution, promotion, marketing and sale.
(b) The department shall be solely
				  responsible for selection and means and methods of selection of artists and art
				  work for migratory bird products.
(c) For each year of issue, the department
				  shall establish the production size for each print edition, Mint stamps, artist
				  signed Mint stamps and other migratory bird products based on previous sales
				  history and future sale expectations.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 185 - MIGRATORY BIRD PRODUCTS › Section 185.3 - Sale

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following
				  migratory bird products will have the following sale prices:
Years Following Issue
								Year
Issue Year
Second Year
Third Year
Mint Stamp
$5.50
$7.50
$9.50
$11.50
Artist-Signed Mint Stamp
$10.00
$12.00
$14.00
$16.00
Plate Block of 4 Mint Stamps
$22.00
$30.00
$38.00
$46.00
Full sheet of 30 Mint Stamps
$140.00
$165.00
$210.00
$245.00
Regular Edition Print (1-9 prints)
$150.00
$150.00
$150.00
$150.00
with Mint Stamp
$155.50
$157.50
$159.50
$161.50
with Artist-Signed Mint Stamp
$160.00
$162.00
$164.00
$166.00
Regular Edition Print (10-49 prints)
$75.00
$75.00
$75.00
$75.00
with Mint Stamp
$80.50
$82.50
$84.50
$86.50
with Artist-Signed Mint Stamp
$85.00
$87.00
$89.00
$91.00
Regular Edition Print (50 or more prints)
$60.00
$60.00
$60.00
$60.00
with Mint Stamp
$65.50
$67.50
$69.50
$71.50
with Artist-Signed Mint Stamp
$70.00
$72.00
$74.00
$76.00
Medallion Edition Print (1-9 prints)
$300.00
$300.00
$300.00
$300.00
with Mint Stamp
$305.50
$307.50
$309.50
$311.50
with Artist-Signed Mint Stamp
$310.00
$312.00
$314.00
$316.00
Medallion Edition Print (10-49 prints)
$150.00
$150.00
$150.00
$150.00
with Mint Stamp
$155.50
$157.50
$159.50
$161.50
with Artist-Signed Mint Stamp
$160.00
$162.00
$164.00
$166.00
Medallion Edition Print (50 or more prints)
$120.00
$120.00
$120.00
$120.00
with Mint Stamp
$125.50
$127.50
$129.50
$131.50
with Artist-Signed Mint Stamp
$130.00
$132.00
$134.00
$136.00
Executive Edition Print (1-9 prints)
$550.00
$550.00
$550.00
$550.00
w/Mint & Artist-Signed Mint Stamp
$565.50
$569.50
$573.50
$577.50
Executive Edition Print (10-49 prints)
$275.00
$275.00
$275.00
$275.00
w/Mint & Artist-Signed Mint Stamp
$290.50
$294.50
$298.50
$302.50
Executive Edition Print (50 or more prints)
$220.00
$220.00
$220.00
$220.00
w/Mint & Artist-Signed Mint Stamp
$235.50
$239.50
$243.50
$247.50
Pin
1-24 pins
$5.50 each
25 or more pins
$3.50 each
Poster
1-24 posters
$10.00 each
25 or more posters
$5.00 each
A Mint stamp or an Artist-signed Mint stamp must be
					 purchased with each Regular Edition, Conservation Edition, or Medallion Edition
					 print. Both a Mint stamp and an artist-signed Mint stamp must be purchased with
					 each Executive Edition print.
(b) License issuing officers other than
				  employees of the department may sell migratory bird stamps for a fee of $5 plus
				  50 cents to be retained by the issuing agent or officer. License issuing
				  officers who are employees of the department may sell migratory bird stamps for
				  $5.50, but may not retain the 50 cent fee.
(c) First or original sales of migratory bird
				  products will be made by the department through the Division of Fish, Wildlife,
				  and Marine Resources at 625 Broadway, Albany, NY 12233. The department may
				  also, by contract, authorize its contractor to make first or original sales of
				  such products.