Two New Proposals Clarify State’s Current Stringent Regulations for Vulnerable Fish and Wildlife

New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos today announced changes are being considered to amend state regulations and designations for protecting endangered and threatened species across the state. The two proposals recognize the state’s progress in restoring populations of several species, such as the bald eagle and peregrine falcon, and the need to protect other vulnerable species to prevent additional population loss, such as the eastern hellbender.

“New York is a national leader in endangered species conservation and with Governor Cuomo’s leadership the state has invested significant resources to support the recovery of vulnerable fish and wildlife through habitat restoration, management plans, stocking, and more to help populations grow,” said DEC Commissioner Basil Seggos. “Unlike the Trump Administration, which continues to roll back critical protections for endangered species and dismisses the very real threats climate change presents going forward, DEC is committed to using science to focus on the species most in need of protection and improving how we interact with New Yorkers living alongside our state’s endangered and threatened species so both natural and man-made communities benefit.”

When a species is listed as threatened or endangered under New York State’s Endangered Species Law, the species becomes a priority for DEC monitoring and management programs and is protected through a permit requirement for projects likely to cause harm to these species. DEC is proposing draft changes consistent with the New York State Wildlife Action Plan and is encouraging the public to review assessments and help DEC identify any new sources of information that can help improve the decision-making process for High Priority Species of Greatest Conservation Need.  This preproposal is intended to solicit public and expert comments on the need for list changes from the existing 90 endangered and threatened designations to ensure upcoming formally proposed list changes reflect the latest science that accurately accounts for the species most in need of additional legal protections.

Raptor and Other Recovery Successes

DEC’s preproposal would remove 19 species from the state’s endangered and threatened species list. Several species like the bald eagle, northern harrier, peregrine falcon, and humpback whale have experienced significant growth in their numbers and range, with some populations now 10 times the state’s initial recovery goals.

For instance, through the work of New York’s bald eagle management program and those in other states and Canada, the magnificent bird that symbolizes our nation has come back from the brink of extinction. There are now more than 390 pairs of breeding eagles in New York nesting within every region, which is why DEC is considering removing the bald eagle from the threatened species list. By comparison, there was only one breeding pair remaining in New York State when they were listed as Endangered in 1973.  Higher population levels and successful reproduction mean the bald eagle is on much firmer footing today than it has been for well over half a century. Restoration efforts across the state and region have been so successful that the bald eagle was removed from the federal endangered species list in 2007, though the species remains protected under the Federal Bald and Golden Eagle Protection Act. 

Executive Director of Audubon New York Ana Paula Tavares said, “The remarkable recovery of the Bald Eagle in New York State and beyond is one of our nation’s best stories of conservation success. Help came to this species when it was needed most—exactly what the state endangered, threatened, and special concern species list exists to achieve. Moving forward, we must ensure timely resources are directed to those at greatest risk—like the Saltmarsh Sparrow. We thank the DEC for their work on this update, and urge them to periodically revise the list moving forward to prioritize our most vulnerable birds.”

Other species would be removed from the state’s endangered or threatened lists because they have been found to no longer include New York within their range, such as the silver chub, or because they have gone extinct like the eastern cougar and Eskimo curlew. Even if a species is removed from the list, DEC would continue to monitor their populations and make management changes as necessary to address any new concerns that may arise.

Vulnerable Species Needing Additional Protection from Extinction

While some species like the eagle have demonstrated a strong resurgence, DEC would propose to list 18 other species as threatened or endangered and enable the additional protections under state law that the listing provides. Several species of freshwater mussels and the common nighthawk would be listed as threatened, and the freshwater bloater would be listed as endangered, among others.

The eastern hellbender, a type of salamander currently listed as a species of special concern, is proposed to be listed as threatened because its known range has been reduced to only 17 locations in six counties mostly within the Allegheny and Susquehanna river drainages. DEC has been working with partners including the Buffalo Zoo, Seneca Nation, Wildlife Conservation Society and SUNY-ESF to help increase the population and look for signs of the species in places where they were historically known to inhabit but additional steps, including designating it as threatened, are necessary.

The full list of draft changes to the state endangered and threatened species listing can be found in the DEC pre-proposal on the DEC’s website (see “New York Environmental Conservation Law, Article 11-0535”).  Public input is encouraged on the draft list changes before a formal proposal to revise the list is developed. Input that provides recent information that is not included within the Species Status Assessments is particularly welcome.  Comments can be submitted until Dec. 24, 2019, by email to: wildliferegs@dec.ny.gov with “Endangered Species List” in the subject line or by mail to: Joe Racette, NYSDEC, 625 Broadway, Albany, NY 12233-4754.

Clarifications to Existing Regulations to Help Protected Species

DEC is also proposing a formal rulemaking to the existing endangered species regulations to help clarify and improve the administration of the state’s stringent regulations for endangered and threatened species while also helping to prevent potential project delays when the species are present in a project area. Identifying and addressing potential impacts to endangered and threatened species and their habitats early in the planning process has proven to be the most successful way to avoid harmful impacts from construction and other new development. The proposed changes will help prevent project delays and speed up the application process by better clarifying the criteria needed by DEC to make endangered and threatened species determinations, and also enhances DEC’s ability to carry out protected species restoration efforts with cooperating landowners, among other changes. 

Documents regarding this proposed regulation amendment are available on the DEC’s website (see “6 NYCRR Part 182”). The public is encouraged to submit comments through close of business on Nov. 10, 2019. Comments must be submitted in writing to: Dan Rosenblatt, NYSDEC, 625 Broadway, Albany, NY 12233-4754 or e-mail comments to: wildliferegs@dec.ny.gov; subject line "Endangered Species Regulation.”