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11-0311 - Additional or Other Protection.

NY Env Cons L § 11-0311 (2019) (N/A)
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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.

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11-0311 - Additional or Other Protection.