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The Endangered Species Act is a federal law that prohibits a “take” of endangered or threatened species. The term “take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct, and carries with it a civil penalty of $25,000.
The NYSDEC has regulations (6 NYCRR Part 182) that mirror the Endangered Species Act, including the definition of a “take.”
The Trustees’ Endangered Species Monitoring Program follows USFW Guidelines in order to protect these threatened or endangered species, which in turn protects the Trustees’ easement over the beach and all of the Town’s residents and freeholders from the liability of a “take.”