N.Y. Comp. Codes R. & Regs. tit. 6 § 182.12

Current through Register Vol. 46, No. 45, November 2, 2024

Section 182.12 - Incidental take permit issuance standards; conditions

(a) Before an incidental take permit is issued, the department must determine that:

(1) the proposed activity is an otherwise lawful activity, and the taking of a species listed as endangered or threatened in this Part is incidental to, and not the purpose of, the activity;

(2) the applicant has submitted to the department an endangered and threatened species mitigation plan and an implementation agreement that have been approved by the department in writing;

(3) the implementation of the conditions in the incidental take permit and the measures set forth in the endangered and threatened species mitigation plan will result in a net conservation benefit to the species in question. This determination will be based upon the best scientific and other information that is reasonably available to the department, and shall include the following:

(i) consideration of the species' capability to survive and reproduce, and any adverse impacts of the taking on those abilities based upon:

(a) known population trends;

(b) known threats to the species; and

(c) reasonably foreseeable impacts on the species from other related projects or activities.

(b) Permit denial. An application for an incidental take permit will be denied when the department determines that the proposed activity is likely to result in the loss of occupied habitat, loss of individuals, or interference with essential behavior of a species listed as endangered or threatened in this Part such that a net conservation benefit cannot be achieved.

(c) Permit term. The permit term of an incidental take permit issued pursuant to this Part will run concurrently with the duration of an implementation agreement approved by the department pursuant to section 182.11(e) of this Part.

(d) Renewal. A permittee whose activity may result in an incidental take beyond the period of time covered in the applicable incidental take permit or implementation agreement must file for renewal of the permit at least 60 days prior to its expiration. Filing for renewal shall be made by the permittee on forms provided by the department. A filing for renewal shall be subject to the procedures and standards for review of an application for a new incidental take permit.

(e) Transfer. An incidental take permit issued by the department pursuant to this Part may be transferred at the discretion of the department, provided that the approved implementation agreement and mitigation plan are adopted by the new permittee in their entirety.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 182.12