Section 11-0539. New York natural heritage program

1.  There  is  hereby  established  within the department the New York
  natural heritage program. The program is charged with:
    a. analyzing existing sources of information,  monitoring  and  taking
  censuses  of  plant  and  animal populations, and cooperating with other
  public agencies and scientific and educational  institutions,  including
  the  New  York  state  museum  and  the  office of parks, recreation and
  historic preservation, to identify the location and status of plant  and
  animal  species  and  ecological  communities,  with an emphasis on rare
  species and rare ecological communities;
    b. developing systems for ranking the state and global rarity of plant
  and animal species and ecological communities  and  producing  lists  of
  such rankings in consultation with the state biological survey and other
  appropriate entities and individuals; and
    c.  maintaining  comprehensive  data  management  systems  integrating
  information on the location and status  of  rare  plants,  animals,  and
  ecological  communities, and analyzing and interpreting such information
  for the purpose  of  conserving  and  managing  the  state's  biological
  diversity.
    2.  Upon request, and subject to the provisions of subdivision four of
  this section, the department shall provide information from the New York
  natural heritage program to other state  agencies,  public  authorities,
  counties,  towns,  villages,  cities  and landowners or their authorized
  representatives.
    3. The department may contract with a private entity to administer the
  New York natural heritage program.
    4. Notwithstanding  the  provisions  of  article  six  of  the  public
  officers  law  or  any  other  provision of law, the department may deny
  access to inspection  of  records,  data  or  information  collected  or
  maintained  by  the  New  York  natural  heritage  program that identify
  locations or habitats of  rare,  threatened  or  endangered  species  or
  ecological  communities  where  the  destruction  of such habitat or the
  removal of such species therefrom would impair their ability to survive,
  provided, however, that the  commissioner  may  permit  access  to  such
  records,   data   or  information  to  persons,  educators,  schools  or
  universities engaged in legitimate scientific and academic research.
    5. No provision  contained  in  this  section  shall  in  any  way  be
  construed  to  diminish  or extend the department's authority to protect
  threatened or endangered species of  wildlife  or  rare,  threatened  or
  endangered  species  of  plants pursuant to sections 9-1503, 11-0535 and
  11-0536 of this chapter or any other provision of law.
    6. Nothing in this section shall authorize any person to enter private
  land without the permission of the private landowner.
    7. State-owned waters, lands or portions thereof may be designated  as
  natural  heritage areas in order to conserve and manage plants, wildlife
  or ecological communities, with an emphasis on  rare  plants,  wildlife,
  and ecological communities which support such plants or wildlife.
    a.  For  purposes  of  this  title,  a  site  shall  be  eligible  for
  designation as a "natural heritage area" if it matches one  or  more  of
  the following criteria:
    (i)  provides habitat for "endangered species" or "threatened species"
  as defined in section 11-0535 of this title for animals  and  9-1503  of
  this chapter for plants;
    (ii) provides habitat for rare species where rare means species ranked
  as  S1,  S2  or  S3  under criteria developed pursuant to paragraph b of
  subdivision one of this section; or

    (iii) contains "significant ecological communities"  where  such  term
  means  all  rare  ecological communities as well as the best examples of
  common communities.
    b.  Any  property  designated  as  a  natural  heritage  area shall be
  described and depicted upon a  map.  The  description  shall  include  a
  narrative  setting  forth  the plants, animals or ecological communities
  present on the  property.  The  department  shall  make  maps  depicting
  natural  heritage  areas  available  for  public  inspection  except  as
  provided in subdivision four of this section.
    c. Designation may be accomplished by the head of any state agency  or
  entity   having  jurisdiction  over  state  lands  or  waters  for  such
  appropriate  properties   as   may   exist   within   their   respective
  jurisdictions  and  consistent  with their respective missions, provided
  the commissioner is consulted, and approves, prior to such designation.
    d.  A  designating  state  agency  or  entity  shall  publish   notice
  concerning   the   designation   of  a  natural  heritage  area  in  the
  environmental notice bulletin prior to  such  designation.  Such  notice
  shall   provide  for  a  thirty  day  public  comment  period  following
  publication of the notice.
    e. The head of any state agency or  entity  having  jurisdiction  over
  state  lands  or  waters previously designated as natural heritage areas
  may seek to remove all or a portion of such lands or  waters  from  such
  designation   provided,   however,   that  prior  to  such  removal  the
  commissioner publishes a finding that the designated area or portion  of
  such  area  no  longer  meets  the  criteria  in  paragraph  a  of  this
  subdivision. Such finding shall be published in the environmental notice
  bulletin and shall provide  for  a  thirty  day  public  comment  period
  following publication of the notice.