On November 3, 2010, the New York State Department of Environmental Conservation (“DEC”) adopted revisions to the State Endangered Species Act (“ESA”) Regulations, 6 N.Y.C.R.R. Part 182. As discussed previously on this blog, the revised regulations are notable for their coverage of incidental take permits, which are required when there is a “taking” (which includes killing and lesser acts such as disturbing species) of endangered or threatened species incidental to other lawful activity. Our previous post discusses the interaction between this obligation and existing obligations for environmental review under the State Environmental Quality Review Act (“SEQRA”).
The final regulations, available on DEC’s website, do not differ substantively from the draft regulations issued on August 4, 2010. Revised versions of the Regulatory Impact Statement, Regulatory Flexibility Analysis, and Rural Area Flexibility Analysis associated with the new regulations, as well as DEC’s assessment of public comments received, are available in the November 3, 2010 issue of the New York State Register.