The state's population density is 369 people per square mile. The overall risk to ecosystems is high. Population density has increased 3 percent since 1982. The amount of developed land increased 8 percent between 1982 and 1992. More than 90 percent of the coastal heathland in southern New England and Long Island has been lost since the mid-1800s. An estimated 98 percent of serpentine barrens, maritime heathland and pitch pine-heath barrens in New York have been destroyed. Between 60 and 68 percent of Long Island pine barrens have been lost. The state has 22 federally listed threatened and endangered species.
Biological Diversity Policy
New York has a formal biodiversity policy. (N.Y. Ed. Law 235-a) The Biodiversity Research Institute was established by statute in 1993 to coordinate state and private efforts to identify, understand and explain the state's plants, animals and environments. Several state agencies are responsible for implementing the policy. However, few programs have been implemented. Statutory provisions establish the policy for the protection of specific areas, as well as areas such as freshwater wetlands. (N.Y. Exec. Law 912, 961-a, 801; N.Y. Envtl. Conser. Law 13-0105,46-0101, 57-0101)
Status of Biodiversity Science
New York does not have a coordinated assessment system in place. Instead, the state utilizes the Natural Heritage database (N.Y. Envtl. Conser. Law 11-0539) and GAP which was started in 1992. In addition, the New York State Biological Survey develops and maintains an inventory of state biological resources. (N.Y. Ed. Law 235-b) One goal of the Biodiversity Research Institute is to foster and sponsor biological and ecological research, but to date this has not been accomplished.
Endangered Species
New York has an endangered species law that protects wild animals, plants and significant habitats. (N.Y. Envtl. Conser. Law 11-0535) Listings are based on scientific criteria, although the general practice is to ask citizens for commentary before species are listed. The law does not require recovery plans, critical habitat designation or agency consultation. Penalties for violations include fines of up to $1,000 and up to 15 days in jail.
State Agency Management for Biodiversity
State-owned Lands
Some planning for biological sustainability exists. The Department of Environmental Conservation is developing an Ecosystem Management Policy to be followed in managing lands under its jurisdiction. By statute, a review of state-owned lands is required to identify rare plants, animals and ecological communities. (N.Y. Envtl. Conser. Law 3-0302) In addition, the state constitution requires that all state-owned forest preserves be "forever kept as wild forest lands." (N.Y. Const art. 14, 1)
Cooperative Efforts
Few cooperative efforts to improve land management exist. However, there is a voluntary regional compact among counties, cities, towns and villages of the Hudson River Valley Greenway to manage the renewable natural resources of the area.
State Agency Training
New York does not have identified programs of agency personnel training for biodiversity. Agency personnel training is limited to training about ecosystem management.
Impact Assessment
New York has a "little NEPA," requiring assessment of proposed agency impacts on biological resources The State Environmental Quality Review Act requires all state agencies to prepare an environmental impact statement for actions having a significant impact on the environment. (N.Y. Envtl. Conser. Law 8-0109)
Habitat Acquisition
New York has few programs designed to acquire lands for wildlife or habitat values. However, the New York State Open Space Conservation Plan authorizes the acquisition of lands for wildlife or biodiversity purposes. Under this plan, a priority rating system for acquisitions considers biodiversity as a factor. While some money exists for acquisitions, there is no funding to manage lands once they are acquired. The state constitution also authorizes acquisitions of land for forest or wildlife conservation. Funding for habitat acquisition is provided by the Environmental Protection Fund, which receives legislative allocations. In 1994, $7.5 million was allocated for land acquisitions.
Private Land Conservation
New York has private land conservation programs to protect land for wildlife purposes. For example, conservation easements are authorized by statute. (N.Y. Envtl. Conser. Law 49-0303) In addition, forest, farm, historic-cultural and open space tax laws reduce taxes in exchange for commitments by owners to maintain open space and culturally significant properties. Owners of open space land may also donate land to the state for income and property tax benefits.
Exotic Species
New York has some laws designed to control the introduction and spread of some exotic species. (N.Y. Agriculture and Markets Law 163, 148, 148-b; N.Y. Envtl. Conser. Law 11-0507; 11-1728) For example, the introduction of injurious insects, noxious weeds and plant diseases is prohibited by statute. Certain animals and fish are prohibited from importation without a permit. Live wild birds are not permitted to be sold unless they were born and raised in captivity. The state is using an integrated pest management approach to manage insects, diseases, nematodes, weeds and rodents.
Predator or Animal Damage Control Activities
New York has an animal damage control program that is conducted in cooperation with the federal government. In addition, the state has a deer management program to control deer populations. (N.Y. Envtl. Conser. Law 11-0913) Leg-gripping type traps are prohibited by statute. (N.Y. Envtl. Conser. Law 11-1101)
Additional Legal Protections for Biodiversity
The state has constitutional provisions designed to preserve wildlife habitat. (N.Y. Const art.14, 1, 4)
Related Issues
The Biodiversity Research Institute has established a priority for biodiversity education programs. The state has other environmental education programs, including Project WILD, and is expected to publish a wildlife viewing guide in 1996.
Under the Environmental Conservation Law, the state appoints specially trained individuals to serve as wildlife rehabilitators. (N.Y. Comp. Codes R. & Regs. 184.1 et seq.) These rehabilitators provide care to injured and debilitated wildlife so that the wildlife may be reintroduced into the wild.
New York does not currently have a takings law. A bill was introduced in both the 1994 and 1995 legislative sessions that would provide compensation for actions reducing property values to less than 50 percent of its fair market value. The bill is currently pending in committee.
Contacts:
Department of Agriculture and Markets
1 Winners Cir.
Capital Plaza
Albany, NY 12235
5l8-457-3880
Department of Environmental Conservation
50 Wolf Rd.
Albany, NY 12233
518-457-3446
New York State Office of Parks, Recreation
and Historic Preservation
The Governor Nelson A. Rockefeller
Empire State Plaza
Agency Building 1
Albany, NY 12238
518-474-0456
State Cooperative Extension
Dept. of Natural Resources
118 Fernow Hall
Cornell University
Ithaca, NY 14853-3001
607-255-2298
New York ADC State Director
P.O. Box 97
Albany, NY 12201-0097
518-431-4190
New Mexico Center for Wildlife Law
University of New Mexico School of Law
1117 Stanford NE, Albuquerque, NM 87131
(505) 277-5006
lprovenc@unm.edu