6 CRR-NY 182.13NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
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
6 CRR-NY 182.13
6 CRR-NY 182.13
182.13 Exemptions from incidental take permit requirements.
(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 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).
(b) The department may, in its discretion, allow a person to take, without the necessity of a permit issued pursuant to this Part, individual members of an experimental population when the department determines, upon information collected by the department, that allowance of such take is necessary to protect public health or safety, or to protect public or private property. In such instance, the department shall specify the terms, conditions and circumstances under which the take may occur, shall identify the public health or safety, or public or private property concerns that make allowance of such take necessary, and shall include a finding that allowance of the take will not jeopardize the continued survival of the experimental population.
6 CRR-NY 182.13
Current through November 30, 2020
End of Document