Hi, All,
Chad is correct. New York is one of those few states that, in addition to the CBW Permit, also requires a state-issued permit to maintain an endangered species. Anyone in the state of NY who does not possess both a valid CBW Permit and a NYS DEC Permit, and maintains G. radiata, is doing so illegally.
While the federal government does not require you to have a CBW Permit if you aren't moving an animal across state lines, New York State laws require that you have their permit in order to POSSESS a G. radiata. And you need to have both because without the CBW Permit, the NYS DEC Permit is null and void.
So, that fellow -- whose illegal tortoise, was indeed beautiful -- was breaking New York State law.
Best,
T