Statewide - 6 NYCRR Part 182, Endangered, Threatened Species

Public Notice

Notice of Proposed Rulemaking and Public Hearing for 6 NYCRR Part 182, Endangered, Threatened Species

Pursuant to Sections 3-0301 and 11-0535 of the Environmental Conservation Law (ECL), the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC is proposing revisions to the regulations governing the management of Endangered, threatened and species of special concern. These regulations address the listing and protection of listed fish and wildlife species and define a permitting process for allowing the incidental take of listed 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 rulemaking is required to address a court decision that requires NYS DEC to hold a public hearing to adopt these regulations. This rulemaking makes no significant changes to regulations previously proposed and adopted in 2010 and 2021 beyond updating federal documents incorporated by reference.

Documents pertaining to this proposed rulemaking can be found on NYS DEC's website at: http://www.dec.ny.gov/regulations/propregulations.html#public and the notice and supporting documents will be published in issue 18 of the State Register, dated May 1, 2024.

Written comments on the proposed rule may be submitted to [email protected]with the subject line "repromulgation" until 5"00 p.m. on July 16, 2024.

Virtual hearings for the proposed rule described above will be held online and are scheduled as follows:

Date: Tuesday, July 9, 2024
Time: 1:00 p.m.
Meeting Link URL: https://meetny.webex.com/meetny/j.php?MTID=m52c24597b9037010f8c6a29993a…

Date: Tuesday, July 9, 2024
Time: 6:00 p.m.
Meeting Link URL:https://meetny.webex.com/meetny/j.php?MTID=m9feb7666cd667fa55f7404b5514…

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 June 29, 2024, but DEC will make every effort to fulfill requests received closer to the meeting date. Requests can be directed to the NYSDEC Division of Communication, Education, and Engagement, either by mail (address: NYSDEC, 625 Broadway, Albany, New York 12233-4500), by telephone (518-402-8044) or by e-mail ([email protected]).

Pursuant to 6 NYCRR Part 617 of the implementing regulations for the State Environmental Quality Review Act,NYS DEC has prepared a Negative Declaration stating that the proposed actions will not have a significant adverse environmental impact.

NYS DEC invites all persons, organizations, corporations, and government agencies that may be affected by the proposed revisions to attend the hearing. At the hearing, persons who wish to make a statement will be invited to speak. It is requested that oral statements also be submitted in writing. NYS DEC will give equal weight to written and oral statements, and since a cumulative record will be compiled it is not necessary for interested parties to attend each hearing.