BILL NUMBER: S8750

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
removal of species from the endangered and threatened species list

 
PURPOSE OR GENERAL IDEA OF BILL:

To protect endangered and threatened species that still require such
protection in New York in the event that the Department of Interior
removes its endangered or threatened designation.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill amends subdivision 1 of section 11-0535 of the
environmental conservation law, as amended by chapter 706 of the laws of
2005 to require any endangered and threatened species, as designated by
the

              

Secretary of the Interior, to continue to be subject to the restrictions
of section 11-0535, regardless of removal of such designation as an
endangered or threatened species by the U.S.

Secretary of the Interior.

Section 2 establishes the effective date

 
JUSTIFICATION:

Since the enactment of New York State's Endangered Species Act in 1970,
the State has recognized the protection of fish and wildlife as a matter
of pressing state concern. It is the duty of the State to take action to
assure the continued survival of its endangered species of fish and
wildlife and their critical habitat.

Under the current structure of New York statute, species that are
afforded protection as a result of designation by the United States
Department of Interior's Fish and Wildlife Service, independent of State
action, are vulnerable to decisions made at the federal level.  For
example, in the case where the Secretary removes endangered and threat-
ened designation for species that do not have specific state desig-
nation, state law affords no continuing protection. A number of New York
species that are listed as endangered or threatened are currently
protected based solely on their federal designation. If the Secretary of
the Interior were to delist these species, they would no longer be
protected in New York, placing their populations and critical habitat in
jeopardy. It is critical that once a species is afforded protection in
New York State, that only the State itself has the authority to extend
or remove these protections based on its own investigations, and the
best interests of the fish and wildlife within its borders.

This bill would extend the authority of the commissioner to protect
endangered or threatened species it so chooses, that are at risk of
losing protection within New York State as a result of action by the
U.S. Secretary of the Interior.

 
LEGISLATIVE HISTORY:
2020: 55196 passed the Senate. 2019: S5196 passed the Senate.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.