Part 182: Endangered and Threatened Species Of Fish and Wildlife; Species Of Special Concern

(Statutory authority: §§ 11-0535[1]-[2], 11-0536[2], [4])

[Effective January 29 1979]

[Amended August 16, 2006]

§182.1 References

The following Federal regulations have been referenced in this Part:

(a) Code of Federal Regulations (CFR).

(1) Endangered and threatened wildlife - 50 CFR - Wildlife and Fisheries --
Part 17 -- revised as of October 1, 1998- pages 95-177.

(2) Endangered species convention--50 CFR--Wildlife and Fisheries --
Part 23 --revised as of October 1, 1998 - pages 538-577.

(b) All of the above documents are available for inspection and copying from the Division of Fish, Wildlife and Marine Resources of the New York State Department of Environmental Conservation offices at 50 Wolf Road, Albany, NY 12233-4752, or can be directly obtained from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

§182.2 Definitions

(a) Commissioner means the Commissioner of the Department of Environmental Conservation.

(b) Department means the Department of Environmental Conservation.

(c) Species means any species or subspecies of fish or wildlife and any distinct population segment of any such species which interbreeds when mature.

(d) Native means any species which spends some portion of its life cycle within New York State, has occurred here on a regular basis for many years, and was not intentionally or accidentally released into New York. A species is also considered native if it formerly met the conditions of this definition.

(e) Extinct means species no longer living or existing.

(f) Extirpation means not extinct, but no longer occurring in a wild state within New York, or no longer exhibiting patterns of use traditional for that species in New York (e.g., historical breeders no longer breeding here).

(g) Endangered species are any species which meet one of the following criteria:

(1) are native species in imminent danger of extirpation or extinction in New York; or

(2) are species listed as endangered by the United States Department of the Interior in the 'Code of Federal Regulations' (50 CFR part 17 [see section 182.1a(1) of this Part]).

(h) Threatened species are any species which meet one of the following criteria:

(1) are native species likely to become an endangered species within the foreseeable future in New York; or

(2) are species listed as threatened by the United States Department of the Interior in the Code of Federal Regulations (50 CFR part 17 (see section 182.1(a)(1) of this Part)).

(i) Species of special concern are species of fish and wildlife found by the department to be at risk of becoming threatened in New York. Species of special concern do not qualify as either endangered or threatened, as defined in subdivisions (g) and (h) of this section at this time and are not subject to the provisions of this part. Species of special concern are listed in section 182.6(c) of this Part.

§182.3 Prohibitions

No person shall, except under permit from the department or as provided in sections 182.5 and 182.7 of this Part with respect to alligator, caiman or crocodile or lake sturgeon, take, import, transport, possess or sell any endangered or threatened species of fish or wildlife, or any hide or part thereof, or sell or possess with intent to sell any article made in whole or in part from the skin, hide or other part of such species unless such species, hide or part thereof was in the possession of such person on or before the date such species was designated as endangered or threatened by the Secretary of the Interior or the department, and such possession must be evidenced by such legal proof as may be required by the commissioner. The transfer or sale of any skin, hide or part of such species lawfully possessed may be continued under permit from the department, provided the person or concern holding such inventory for transfer or sale submits to the department an affidavit unequivocally stating that such inventory was acquired prior to the date such species was designated as endangered or threatened by the Secretary of the Interior or the department, the inventory is listed in sufficient detail to permit its identification, and the inventory is labeled in accordance with procedures established by the department.

§182.4 License or permit

The department may, at its discretion, issue a license or permit to a person to take, transport, sell, import and/or possess endangered or threatened species of fish and wildlife for purposes it deems legitimate. Such license or permit shall state the species to which it applies and any other conditions the department may deem appropriate.

§182.5 Special rules: alligator, caiman and crocodile (order Crocodylia)

(a) Definitions. As used in this section, the following shall mean:

(1) Person shall mean any individual, corporation, partnership, firm or any other legal entity whatsoever.

(2) Registration shall mean the document issued by the department entitling the holder to import or possess alligator, caiman or crocodile, or the parts thereof or products made therefrom.

(3) Permit shall mean the document issued by the department to an individual retail establishment, store or outlet authorizing retail sale of alligator, caiman or crocodile, or the parts thereof or products made therefrom, at such individual retail establishment, store or outlet.

(4) Federal permit shall mean a permit to import or possess alligator, caiman or crocodile, or parts thereof or products made therefrom, issued by the United States Department of the Interior.

(5) Possession shall mean possession with the intention of future sale, except retail sale. It shall include possession for the purposes of tanning or processing hides, or fabricating or finishing products made therefrom.

(6) Retail sale shall mean sale or offering to sell by an individual retail establishment, store or outlet to the ultimate consumer.

(7) Import shall mean to bring into, or introduce into, the State of New York any alligator, caiman or crocodile or the parts thereof or products made therefrom.

(8) CITES shall mean the Convention of International Trade in Endangered Species of Wild Fauna and Flora, and any amendments thereto.

(9) Record shall mean invoices, bills of sale, bills of lading, shipping manifests or such other documents as are maintained in the ordinary course of the business of a person to whom a registration or permit has been issued pursuant to this section, in the form in which such documents are ordinarily maintained by such person, as are necessary in order that the department may be adequately, and without unreasonable inconvenience, informed of the date of any transaction by which alligator, caiman or crocodile parts or products were acquired and the name and address of the person from whom such parts or products were acquired.

(b) Prohibitions. It shall be unlawful for any person to:

(1) import or possess alligator, caiman or crocodile, or the parts thereof or products made therefrom, without a registration issued by the department. Where a Federal permit is required, such registration shall be issued only to a person holding a valid Federal permit. Possession by an applicant of a valid Federal permit shall entitle the applicant to registration pursuant thereto;

(2) sell or offer to sell at retail alligator, caiman or crocodile, or the parts thereof or products made therefrom, without a permit issued by the department;

(3) import, possess, sell or offer to sell any alligator, caiman or crocodile, or parts thereof or products made therefrom, in violation of the Code of Federal Regulations--50 CFR parts 17 and 23;

(4) import, possess, sell or offer for sale any live alligator, caiman or crocodile, except for scientific or educational purposes as authorized by the department; or

(5) violate the terms of provisions of any registration or permit issued pursuant to this section.

(c) Application for registration or permit; interim registration or permit. Until April 1, 1981, an application for registration or a permit, on the form provided by the department and accompanied by the proper fee, shall be deemed to be an interim registration or permit and shall satisfy the registration and permit requirements of this section, provided such application has actually been received by the department. Registrations and permits, and renewals thereof, issued after April 1, 1981 shall be valid through the following March 31st.

(d) Fees. The annual fee for the registration required by this section shall be $150. The annual fee for a permit shall be $25.

(e) Maintenance of records; inspection. A person to whom a registration or permit has been issued pursuant to this section shall maintain complete and accurate records concerning importation and possession of alligator, caiman or crocodile parts or products. Such records shall be maintained for a minimum of five years, and shall be available for inspection by an officer of the department at any reasonable hour.

§182.6 Endangered species, threatened species and species of special concern

(a) Those endangered species which meet one or both of the criteria specified in section 182.2(g) of this part and which are found, have been found, or may be expected to be found in New York State include:

Common Name	Scientific Name
(1) Molluscs:
(i) Dwarf wedgemussel	Alasmidonta heterodon
(ii) Pink mucket	Lampsilis abrupta
(iii) Clubshell	Pleurobema clava
(iv) Fat pocketbook	Potamilus capax
(v) Rayed bean	Villosa fabalis
(vi) Chittenango ovate amber snail	Novisuccinea chittenangoensis
(2) Insects:
(i) Tomah mayfly	Siphlonisca aerodromia
(ii) American burying beetle	Nicrophorus americanus
(iii) Hessel's hairstreak	Callophrys hesseli
(iv) Karner blue	Lycaeides melissa samuelis
(v) Regal fritillary	Speyeria idalia
(vi) Persius duskywing	Erynnis persius
(vii) Grizzled skipper	Pyrgus centaureae wyandot
(viii) Arogos skipper	Atrytone arogos arogos
(ix) Bog buckmoth	Hemileuca' species 1
(x) Pine pinion moth	Lithophane lepida lepida
(3) Fishes:
(i) Shortnose sturgeon	Acipenser brevirostrum
(ii) Silver chub	Macrhybopsis storeriana
(iii) Pugnose shiner	Notropis anogenus
(iv) Round whitefish	Prosopium cylindraceum
(v) Bluebreast darter	Etheostoma camurum
(vi) Gilt darter	Percina evides
(vii) Spoonhead sculpin	Cottus ricei
(viii) Deepwater sculpin	Myoxocephalus thompsoni
(4) Amphibians:
(i) Tiger salamander	Ambystoma tigrinum
(ii) Northern cricket frog	Acris crepitans
(5) Reptiles:
(i) Mud turtle	Kinosternon subrubrum
(ii) Bog turtle	Clemmys muhlenbergii
(iii) Hawksbill sea turtle	Eretmochelys imbricata
(iv) Atlantic ridley sea turtle	Lepidochelys kempii
(v) Leatherback sea turtle	Dermochelys coriacea
(vi) Queen snake	Regina septemvittata
(vii) Massasauga	Sistrurus catenatus
(6) Birds:
(i) Golden eagle	Aquila chrysaetos
(ii) Peregrine falcon	Falco peregrinus
(iii) Spruce grouse	Falcipennis canadensis
(iv) Black rail	Laterallus jamaicensis
(v) Piping plover	Charadrius melodus
(vi) Eskimo curlew	Numenius borealis
(vii) Roseate tern	Sterna dougallii dougallii
(viii) Black tern	Chlidonias niger
(ix) Short-eared owl	Asio flammeus
(x) Loggerhead shrike	Lanius ludovicianus
(7) Mammals:
(i) Indiana bat	Myotis sodalis
(ii) Allegheny woodrat	Neotoma magister
(iii) Sperm whale	Physeter catodon
(iv) Sei whale	Balaenoptera borealis
(v) Blue whale	Balaenoptera musculus
(vi) Finback whale	Balaenoptera physalus
(vii) Humpback whale	Megaptera novaeangliae
(viii) Right whale	Eubalaena glacialis
(ix) Gray wolf	Canis lupus
(x) Cougar	Felis concolor

(b) Those threatened species which meet one or both of the criteria specified in section 182.2(h) of this part and which are found, have been found, or may be expected to be found in New York State include:

Common Name	Scientific Name
(1) Molluscs:
(i) Brook floater	Alasmidonta varicosa
(ii) Wavy-rayed lampmussel	Lampsilis fasciola
(iii) Green floater	Lasmigona subviridis
(2) Insects:
(i) Pine barrens bluet	Enallagma recurvatum
(ii) Scarlet bluet	Enallagma pictum
(iii) Little bluet	Enallagma minisculum
(iv) Northeastern beach tiger beetle	Cicindela dorsalis dorsalis
(v) Frosted elfin	Callophrys irus
(3) Fishes:
(i) Lake sturgeon	Acipenser fulvescens
(ii) Mooneye	Hiodon tergisus
(iii) Lake chubsucker	Erimyzon sucetta
(iv) Gravel chub	Erimystax x-punctata
(v) Mud sunfish	Acantharchus pomotis
(vi) Banded sunfish	Enneacanthus obesus
(vii) Longear sunfish	Lepomis megalotis
(viii) Eastern sand darter	Ammocrypta pellucida
(ix) Swamp darter	Etheostoma fusiforme
(x) Spotted darter	Etheostoma maculatum
(xi) Longhead darter	Percina macrocephala
(4) Amphibians:
None
(5) Reptiles:
(i) Blanding's turtle	Emydoidea blandingii
(ii) Green sea turtle	Chelonia mydas
(iii) Loggerhead sea turtle	Caretta caretta
(iv) Fence lizard	Sceloporus undulatus
(v) Timber rattlesnake	Crotalus horridus
(6) Birds:
(i) Pied-billed grebe	Podilymbus podiceps
(ii) Least bittern	Ixobrychus exilis
(iii) Bald eagle	Haliaeetus leucocephalus
(iv) Northern harrier	Circus cyaneus
(v) King rail	Rallus elegans
(vi) Upland sandpiper	Bartramia longicauda
(vii) Common tern	Sterna hirundo
(viii) Least tern	Sterna antillarum
(ix) Sedge wren	Cistothorus platensis
(x) Henslow's sparrow	Ammodramus henslowii
(7) Mammals:
None

(c) The following are designated as species of special concern as defined in Section 182.2(i) of this Part. Species of special concern warrant attention and consideration but current information, collected by the department, does not justify listing these species as either endangered or threatened.

Common Name	Scientific Name
(1) Molluscs:
(i) Buffalo pebble snail	Gillia altilis
(ii) Fringed valvata	Valvata lewisi
(iii) Mossy valvata	Valvata sincera
(2) Insects:
(i) Unnamed dragonfly species	Gomphus' spec. nov.
(ii) Southern sprite	Nehalennia integricollis
(iii) Extra striped snaketail	Ophiogomphus anomalus
(iv) Pygmy snaketail	Ophiogomphus howei
(v) Common sanddragon	Progomphus obscurus
(vi) Gray petaltail	Tachopteryx thoreyi
(vii) Checkered white	Pontia protodice
(viii) Olympia marble	Euchloe olympia
(ix) Henry's elfin	Callophrys henrici
(x) Tawny crescent	Phyciodes batesii
(xi) Mottled duskywing	Erynnis martialis
(xii) Barrens buckmoth	Hemileuca maia
(xiii) Herodias underwing	Catocala herodias gerhardi
(xiv) Jair underwing	Catocala jair
(xv) A noctuid moth	Heterocampa varia
(3) Fishes:
(i) Mountain brook lamprey	Ichthyomyzon greeleyi
(ii) Black redhorse	Moxostoma duquesnei
(iii) Streamline chub	Erimystax dissimilis
(iv) Redfin shiner	Lythrurus umbratilis
(v) Ironcolor shiner	Notropis chalybaeus
(4) Amphibians:
(i) Hellbender	Cryptobranchus alleganiensis
(ii) Marbled salamander	Ambystoma opacum
(iii) Jefferson salamander	Ambystoma jeffersonianum
(iv) Blue-spotted salamander	Ambystoma laterale
(v) Longtail salamander	Eurycea longicauda
(vi) Eastern spadefoot toad	Scaphiopus holbrookii
(vii) Southern leopard frog	Rana sphenocephala utricularius
(5) Reptiles:
(i) Spotted turtle	Clemmys guttata
(ii) Wood turtle	Clemmys insculpta
(iii) Eastern box turtle	Terrapene carolina
(iv) Eastern spiny softshell	Apalone spinifera
(v) Eastern hognose snake	Heterodon platyrhinos
(vi) Worm snake	Carphophis amoenus
(6) Birds:
(i) Common loon	Gavia immer
(ii) American bittern	Botaurus lentiginosus
(iii) Osprey	Pandion haliaetus
(iv) Sharp-shinned hawk	Accipiter striatus
(v) Cooper's hawk	Accipiter cooperii
(vi) Northern goshawk	Accipiter gentilis
(vii) Red-shouldered hawk	Buteo lineatus
(viii) Black skimmer	Rynchops niger
(ix) Common nighthawk	Chordeiles minor
(x) Whip-poor-will	Caprimulgus vociferus
(xi) Red-headed woodpecker	Melanerpes erythrocephalus
(xii) Horned lark	Eremophila alpestris
(xiii) Bicknell's thrush	Catharus bicknelli
(xiv) Golden-winged warbler	Vermivora chrysoptera
(xv) Cerulean warbler	Dendroica cerulea
(xvi) Yellow-breasted chat	Icteria virens
(xvii) Vesper sparrow	Pooecetes gramineis
(xviii) Grasshopper sparrow	Ammodramus savannarum
(xix) Seaside sparrow	Ammodramus maritimus
(7) Mammals:
(i) Small-footed bat	Myotis leibii
(ii) New England cottontail	Sylvilagus transitionalis
(iii) Harbor porpoise	Phocaena phocaena

§182.7 Special Rules: lake sturgeon ("Acipenser fulvescens")

Although this species is listed as threatened in New York State, there are viable populations elsewhere that can be harvested commercially. There is a demand for lake sturgeon products in New York.

(a) Definitions. The following definitions apply to this section:

(1) Certificate of inspection - a written instrument signed by a representative of the country, state or province within which the lake sturgeon were taken attesting to the fact that the lake sturgeon were taken in such country, state or province;

(2) Department - the New York State Department of Environmental Conservation;

(3) Label - a legible, written instrument to be placed on sealed containers of processed lake sturgeon bearing the following information: the words "Lake Sturgeon" at least one quarter of an inch high, name, address and importer's or processor's license number;

(4) Lake sturgeon - living or dead lake sturgeon or any parts of a lake sturgeon;

(5) Person - any individual, partnership, corporation or other legal entity;

(6) Process - to prepare lake sturgeon for sale or disposal including: skinning, boning, slicing, chopping, grinding, smoking, soaking, drying, curing, cooking, and combining with other foodstuffs;

(7) Sealed container - any packaging method that prevents entry or access to the contents without destruction of the integrity of the package;

(8) Tag - a non-reusable, locking marker bearing in script of at least one quarter inch high, the words "Lake Sturgeon" and the valid importation license number of the person who attached the tags to the unprocessed lake sturgeon;

(9) Unprocessed lake sturgeon - includes lake sturgeon having the viscera removed and may include also having the head and tail removed.

(b) Licenses. The department will issue two types of licenses: an importer's license and a processor's license. Both licenses will be valid for one year from the date of issuance. The fee for either license is one hundred fifty dollars ($150.00) of which twenty five dollars ($25.00) is a non-refundable application fee. The fee for renewal of a license is one hundred fifty dollars. Application for a license may be made to: New York State Department of Environmental Conservation, Division of Fish and Wildlife, Special Licenses Unit, Room 522, 50 Wolf Road, Albany, N. Y. 12233.

(1) The importer must arrange for and obtain a certificate of inspection.

(2) The importer must attach a valid tag to the caudal flesh of each unprocessed lake sturgeon.

(3) Processed lake sturgeon, to be imported, must be packed in sealed containers.

(4) The sealed container must have a valid label.

(5) For each shipment the importer must keep the following information on record for two years:

(i) date of the shipment;

(ii) total weight of the shipment;

(iii) name, address and importer's license number;

(iv) name, address and license number of the person in New York who is to receive the shipment;

(v) a document containing the name and address of the person authorized to transport the shipment if other than the importer;

(vi) a copy of a valid certificate of inspection.

(6) [reserved]

(7) Licensed importers must annually submit a report to the department as described in the license conditions and at any other time upon request of the department.

(8) The licensee and any person transporting lake sturgeon at the request of a licensee must carry a copy of the document containing the information required by paragraph 182.7(c) (5) and a valid certificate of inspection when in possession of lake sturgeon. In addition, a transporter must carry a letter from the licensee authorizing such transportation.

(d) Processor license. This license allows the holder to process legally imported lake sturgeon in New York State.

(1) Processed lake sturgeon must be packed in sealed containers.

(2) Each container must have a valid label.

(3) For each shipment of lake sturgeon imported the processor must keep the following information for a period of two years:

(i) the importer's license number, name and address;

(ii) date the imported shipment was received;

(iii) total weight of the shipment;

(iv) total number of lake sturgeon in the shipment;

(v) name and address of the transporter, if the sturgeon are transported into the state by a person other than an importer.

(4) The processor must furnish the department with a report annually as set forth in the license conditions and at any other time upon request of the department.

(e) The following actions are prohibited:

(1) Importation or possession of lake sturgeon except as authorized by this section.

(2) Removal of a tag from an unprocessed lake sturgeon by anyone other than a processor prior to processing or by a retailer at final sale.

(3) Possessing, processing, selling, offering for sale or otherwise trafficking in lake sturgeon except pursuant to a license issued by the department. Such prohibitions shall not apply to purchasers, except purchasers who are processors, and all subsequent holders of lake sturgeon who acquire such lake sturgeon from a person licensed pursuant to this section.

(4) Importation into New York State of any lake sturgeon without a valid importation license, tag or label, certification of inspection and, if required by section 182.7(c) (5) (v) of this Part, the document authorizing transportation.

(5) Attaching a tag to a lake sturgeon taken from New York waters that identifies the lake sturgeon as originating from waters outside of New York.

(6) Failure to comply with any other requirement of this section or any condition of an importer's or processor's license.