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 182.11 - Incidental take permit; specific application requirements

Current through Register Vol. 46, No. 28, July 10, 2024
A permit under this section is required for any activity
					 that is likely to result in the take or a taking of any species listed as
					 endangered or threatened in this Part as determined by the department and that
					 is not otherwise exempt under section
					 182.13 of this Part.
(a) Incidental take permit. The department
				  may, at its discretion, issue a permit that authorizes the incidental take of a
				  species listed as endangered or threatened in this Part. An incidental take
				  permit shall include an endangered or threatened species mitigation plan as
				  described in subdivision (d) of this section that the department has determined
				  will result in a net conservation benefit to the listed species and which has
				  been approved by the department.
(b) Eligible applicants. Generally, the
				  person implementing the proposed action or the person most involved in the
				  proposed action that is subject to this Part.
(c) Permit application requirements. A
				  complete application for an incidental take permit must include a properly
				  completed application for the permit and any supplemental forms. In addition to
				  the general requirements for permit applications, an applicant must provide to
				  the department's appropriate regional permit administrator:
(1) the applicant's full name, mailing
				  address and telephone numbers. If the applicant is a corporation, firm,
				  partnership, association, institution, or public or private agency, the name
				  and address of the person responsible for the proposed activity or project
				  requesting the permit, the president or principal officer, and the registered
				  agent (if any) for the service of process;
(2) a detailed description of the proposed
				  activity and its location, the species listed as endangered or threatened in
				  this Part for which a take or taking is likely to occur in connection with the
				  activity, the nature and expected extent of the take or taking, and the impacts
				  on the species that are likely to occur as a result of the proposed activity
				  including but not limited to effects on essential behaviors and occupied
				  habitat;
(3) an analysis of whether
				  issuance of an incidental take permit would jeopardize the continued existence
				  of the subject population of the species in question. The analysis shall
				  include any studies of current or past use of the occupied habitat by the
				  species, maps or descriptions of any occupied habitat, consideration of the
				  species' capability to survive and reproduce, and a discussion of any adverse
				  impacts of the taking on those capabilities based upon known population trends
				  and known threats to the species;
(4) a description of any efforts to modify
				  the proposed activity in order to minimize or avoid entirely any take or taking
				  of the species;
(5) an endangered
				  or threatened species mitigation plan as described in subdivision (d) of this
				  section;
(6) an implementation
				  agreement as described in subdivision (e) of this section; and
(7) an executed certification statement as
				  follows: "I certify that the information submitted in this application is
				  complete and accurate to the best of my knowledge and belief. I understand that
				  any false statement herein may subject me to denial, suspension or revocation
				  of this permit, and to civil and criminal penalties under the laws of the State
				  of New York."