Statewide - Notice of Proposed Rule Making for 6 NYCRR Part 6 NYCRR Part 182, Endangered, Threatened Species of Fish and Wildlife; Species of Special Concern

Public Notice

Notice of Proposed Rule Making for 6 NYCRR Part 6 NYCRR Part 182, Endangered, Threatened Species of Fish and Wildlife; Species of Special Concern

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) published a Notice of Proposed Rule Making (NPR) with the New York State Department of State on August 7, 2024, to amend 6 NYCRR Part 182, Endangered, Threatened Species of Fish and Wildlife; Species of Special Concern; Incidental Take Permits.

NYS DEC is proposing revisions to the regulations governing the management of endangered and threatened species and species of special concern. These regulations update the list of endangered, threatened, and special concern fish and select wildlife species. These rules are authorized under Section 11-0535 of the ECL and implemented by NYS DEC through Title 6 of the New York Compilation of Codes, Rules and Regulations (6 NYCRR) Part 182. This rule making is required to partially update the list of species protected under Part 182.5 to reflect known changes in status for native fish species in New York and to explicitly add species that have been listed by the United States Fish and Wildlife Service as endangered or threatened under the Code of Federal Regulations Title 50, part 17.11 that do not appear in the express terms of Part 182.5. The list of species appearing in Part 182.5 was last updated in 1999 and the abundance and distribution of several species are known by NYS DEC to have changed since that time. Further rule making actions are planned to address additional groups of animals.

Notice of Public Comment Hearing
A virtual public comment hearing for the proposed rule making will be held on October 10, 2024, before Administrative Law Judge (ALJ) Timothy MacPherson via electronic webinar as follows and accordingly, is reasonably accessible to persons with impaired mobility:

Date: October 10, 2024
Time: 1:00 p.m. EDT
Registration Link: https://forms.office.com/g/X99ghHdSEQ

Date: October 10, 2024
Time: 6:00 p.m. EDT
Registration Link:https://forms.office.com/g/X99ghHdSEQ

Persons wishing to comment on the proposed rule making at the virtual hearings on October 10, 2024, must register to speak no later than 4:00 p.m. on October 9, 2024. The ALJ may limit the amount of time each speaker has to comment to ensure that all individuals have an opportunity to be heard. Any person may listen to the hearing by phone without pre-registration. This hearing will be held virtually on WebEx. Instructions for attending the October 10, 2024 hearings will be emailed to those that register and will be also be posted as soon as available on NYS DEC's rule making web page at: https://dec.ny.gov/regulatory/regulations/proposed-emergency-recently-a… Please check the rule making webpage at least one week prior to the hearing.

All participants will be muted upon entry into the hearing. The ALJ will call each person who has registered to speak in the order in which they registered. The ALJ will continue the hearing until everyone wishing to speak has been heard or other reasonable arrangements have been made to include their comments in the record. We recommend that lengthy comments be summarized for oral presentation and submitted in writing as provided below. Equal weight will be given to oral and written comments. The hearing will be recorded for inclusion in the record.
Interpreter services shall be made available to deaf persons, and translator services shall be made available to persons with limited English proficiency, at no charge for either service, upon written request. Requests should be received by September 26, 2024, but NYS DEC will make every effort to fulfill requests received closer to the hearing date. Requests can be directed to the NYS DEC - Division of Communication, Education, and Engagement, 625 Broadway, Albany, NY 12233-4500, Phone: (518) 402-8044, E-mail: [email protected]

Notice of Public Comment Period

The public comment period on the rule making concludes on October 18, 2024.

Written statements must be postmarked by October 18, 2024, and submitted to:

NYS DEC - Division of Fish and Wildlife
625 Broadway,
Albany, NY 12233
Attention: Lisa Holst
Email: [email protected]. Please include "Endangered Species List" in the subject line of the email.

Written statements must be submitted to NYS DEC by 5:00 p.m. on October 18, 2024.

Environmental and Regulatory Impact Review

NYS DEC has determined that the proposed rule making will not have a significant adverse environmental impact. DEC has prepared a Regulatory Impact Statement, a Regulatory Flexibility Analysis for Small Businesses and Local Governments, a Rural Area Flexibility Analysis and a Job Impact Statement, in accordance with the State Administrative Procedures Act.

Available Documents

Copies of the documents for the proposed rule making described above, along with the Express Terms (text of proposed rule), are available on the NYS DEC website at https://www.dec.ny.gov/regulations/propregulations.html or from the NYS DEC contact listed below.

Authority

NYS DEC is conducting the rule making proceedings, including the above-mentioned public hearing, pursuant to New York State Environmental Conservation Law § 13-0105 & 13-0338.