N.Y. ENV Law § 9-1503

§ 9-1503. Removal of protected plants.\n 1. For the purposes of this section, "plants" shall mean species of\nnative shrubs, trees, herbs, ferns, fern-allies and wild flowers;\n"endangered species" shall mean those species of plants in danger of\nextinction throughout all or a significant portion of their ranges\nwithin the state, and requiring remedial action to prevent such\nextinction; "threatened species" shall mean those species of plants that\nare likely to become endangered within the foreseeable future throughout\nall or a significant portion of their ranges within the state; "rare\nspecies" shall mean those species of plants that have small populations\nwithin their ranges in the state, and "exploitably vulnerable species"\nshall mean those species of plants that are likely to become threatened\nin the near future throughout all or a significant portion of their\nranges within the state if causal factors continue unchecked.\n 2. The department may, by rule and regulation, promulgate and adopt a\nlist or lists of protected plants which by reason of their endangered,\nrare, threatened or exploitably vulnerable status should not be picked\nor removed from their natural habitat. In promulgating and adopting such\nlist or lists the department shall consult with and cooperate with the\ndepartments of agriculture and markets and education and other affected\npublic or private organizations. Plants included in such list or lists\nmay be so included for purposes of the entire state or portions thereof.\nSuch list or lists may be modified in whole or in part through the\ninstitution of a permit or waiver-issuing procedure.\n 3. No person shall, in any area designated by such list or lists,\nknowingly pick, pluck, sever, remove, damage by the application of\nherbicides or defoliants or carry away, without the consent of the owner\nthereof, any protected plant. An offense under this section shall be a\nviolation, punishable by a fine of not to exceed twenty-five dollars.\n 4. The department is authorized to regulate the harvesting,\ncollection, sale, and exportation of American ginseng (Panax\nquinquefolius) plants, roots and cuttings. The department is further\nauthorized to promulgate rules and regulations to implement the\nauthority conferred herein.\n