What's happening
This bill ensures that species removed from the federal endangered or threatened list remain protected in New York until a state review.
Why it matters
Protects species from sudden loss of safeguards. The bill ensures that if a species is removed from the federal endangered or threatened list, it will not automatically lose protections in New York, preventing any immediate legal gaps in conservation.
Requires state-level scientific review. New York’s Department of Environmental Conservation must conduct its own investigation before changing a species’ protected status, ensuring local ecological factors are considered rather than relying solely on federal decisions.
Supports state autonomy in conservation. By decoupling state protections from federal listings, the bill allows New York to maintain stricter environmental standards tailored to its unique wildlife and habitats, regardless of national policy shifts.
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Who cares
New York State Department of Environmental Conservation
The bill would keep federally designated endangered or threatened species under state restrictions after federal delisting until the commissioner determines, after investigation, that they are no longer endangered or threatened.
Wildlife conservation advocates
The bill would prevent federal delisting alone from ending state restrictions on affected species.
U.S. Department of the Interior
Removal of its endangered or threatened designation would not by itself end New York’s restrictions on the species.
Headline styles
Tighten Species Removal Rules
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to environmental conservation
- Delivered to assembly
- Passed senateVote 47–11
- Advanced to third reading
- 2nd report cal.
- 1st report cal.345
- Referred to environmental conservation
- Returned to senate
- Died in assembly
- Referred to environmental conservation
- Delivered to assembly
- Passed senateVote 49–12
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1026
- Referred to environmental conservation
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5196
2019-2020 Regular Sessions
IN SENATE
April 15, 2019
Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the removal of species from the endangered and threatened species list
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 11-0535 of the environmental conservation law, as amended by chapter 706 of the laws of 2005, is amended to read as follows:
1. For the purposes of this section, "endangered species" shall mean those species of fish, shellfish, crustacea and wildlife designated by the department, by regulation filed with the Secretary of State, as seriously threatened with extinction, "threatened species" shall mean those species of fish and wildlife designated by the department, by regulation filed with the Secretary of State, which are likely to become endangered species within the foreseeable future throughout all or a significant portion of their range, and "species of special concern" shall mean those species of fish and wildlife designated by the department, by regulation filed with the Secretary of State, which are found by the department to be at risk of becoming threatened in New York. Such regulation shall include, but not be limited to, endangered and threatened species as so designated by the Secretary of the Interior, provided, however, that such regulation shall take effect sixty days after it has been filed with the Secretary of State, and provided, further, that [the commissioner may exclude any such species as the commissioner may determine after investigation to be no longer endangered or threatened from the restrictions of this section] any endangered or threatened species as so designated by the Secretary of the Interior shall be subject to the restrictions of this section, regardless of the removal of such designation as an endangered or threatened species by the Secretary of the Interior, until such time as the commissioner determines, after investigation, that such species is no longer endangered or threatened.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08488-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 desig- nation as an endangered or threatened species by the U.S. Secretary of the Interior, until the commissioner of DEC determines, after investi- gation, that such species is no longer endangered or threatened.
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 it 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
New bill
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.