1. The department shall have power to give to any wildlife or fish,
other than migratory fish of the sea, protection or additional
protection to that afforded by this article, if ten or more citizens
file with the department a petition signed by them stating the grounds
on which such protection is necessary and giving their addresses. If the
department entertains the petition it shall within twenty days
thereafter hold a public hearing thereon in a place determined by it in
the locality affected. At least ten days before the hearing, notice
thereof shall be advertised in a newspaper published in each county
affected. The notice shall state the grounds of the application and a
copy thereof shall be mailed to each petitioner at least ten days before
the hearing.
2. If after the hearing the department determines that by reason of
disease danger of extermination or from other cause or reason, such
species of fish or wildlife requires such additional or other
protection, either local or state-wide, the department may adopt
regulations restricting the destruction, disturbance or taking of such
species. Such regulations may be adopted for the entire state or any
part of it.
3. A regulation adopted pursuant to this section is effective
according to its terms notwithstanding any other provision of the Fish
and Wildlife Law.
Structure New York Laws
ENV - Environmental Conservation
Article 11 - Fish and Wildlife
Title 3 - General Powers and Duties of the Department
11-0305 - General Powers and Duties of the Department.
11-0306 - The Hudson River Estuary Management Program.
11-0306-A - The Flax Pond Tidal Wetlands Sanctuary.
11-0307 - Migratory Game Birds; Regulation.
11-0308 - Sale of Small Lead Fishing Sinkers Prohibited.
11-0309 - Extension of Open Seasons After Emergency Closing.
11-0311 - Additional or Other Protection.
11-0313 - Waters Closed to Taking of Fish.
11-0315 - Hudson River Shad Fishery.
11-0317 - Seasons and Limits for Taking Fish in Certain Border Waters.
11-0321 - "Restricted Areas"; Additional Enforcement on Private Premises.
11-0323 - Publication of Fish and Wildlife Law.
11-0325 - Control of Dangerous Diseases.
11-0327 - Conservation Fund Advisory Board.
11-0329 - Outdoor Recreation and Trail Maintenance; Regulation.