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Lands and Forests Emergency, Proposed & Recently Adopted Regulations

Emergency Regulations

Currently, there are no emergency regulations.

Proposed Regulations

Currently, there are no proposed regulations.

Recently Adopted Regulations

Sections 193.5 and 193.7 - Updates to Ginseng Regulations

This rule appeared in the State Register on November 12, 2014, and is effective as of that date. (Underlined portions are new and bracketed portions are deleted.)

Express terms

Sections 193.5 and 193.7

Title 6 NYCRR Section 193.5 is amended to read as follows:

Section 193.5 Collection, sale and conservation of American ginseng in New York [ginseng].

Subdivision (a) remains the same.

Subdivision (b) is amended to read as follows:

(b) Maturity

(1) [Only][w] Wild ginseng plants [with at least three five-leaflet leaves (prongs)] may be collected only if they are a minimum of five years old. The age of the plant shall be determined by counting the number of stem scars on the rhizome (also known as root neck) of the plant. A five year old ginseng plant will have four stem scars on the rhizome.

Paragraphs (2) and (3) remain unchanged.

A new subdivision (c) is adopted to read as follows:

(c) Landowner permission.

(1) Ginseng may be harvested only by the landowner or with written permission of the landowner.
(2) No ginseng may be harvested from lands administered by the Department of Environmental Conservation without a temporary revocable permit. Permits will only be issued for academic or scientific research.

Title 6 NYCRR Section 193.7 is amended to read as follows:

Section 193.7 Ginseng dealers

Subdivisions (a), (b), (d) and (e) remain unchanged.

Subdivision (c) is amended to read as follows:

(c) Reports. Dealers must report all ginseng commerce to the department every [90 days] year. Reports are due on [April 15th, July 15th, October 15th and] January 15th. Reports must be made on forms furnished by the department and will cover the dealer's commercial ginseng activity for the previous calendar [quarter, except for the January report which will cover the previous calendar] year.

6 NYCRR Part 575 Prohibited and Regulated Invasive Species

Purpose of the new rule:

Invasive species are having a detrimental effect upon the State's natural communities and systems by out-competing native species, including threatened and endangered species, diminishing biological diversity, altering community structure and, in some cases, changing ecosystem processes. To reverse this trend, the new regulations were developed by the Department, in cooperation with the Department of Agriculture and Markets. These regulations are expected to help control invasive species, a form of biological pollution, by reducing the introduction of new and spread of existing populations, thereby having a positive impact on the environment.

Description of the rule:

The regulations include a list of prohibited species which are unlawful to knowingly possess with the intent to sell, import, purchase, transport or introduce; a list of regulated species which are legal to possess, sell, purchase, propagate and transport but may not be knowingly introduced into a free-living state; and require a permit for research, education and other approved activities involving prohibited species and release of regulated species into a free-living state. The rulemaking also specifies the criteria used in making such classifications and a means for future classification of species. The proposed regulations also establish grace periods for certain prohibited species to allow businesses to plan the management of existing stock. For individual species assessments, please see the Links Leaving DEC's Website section of the right column.

The Prohibited and Regulated Invasive Species regulations go into effect six months following the date of publication of the final regulations in the State Register, which was September 10, 2014. The six month grace period before the regulations take effect provides the regulated community time to sell existing stocks, and to transition to alternatives. Also recognizing the commercial importance of specific species, the regulations provide for an additional one year grace period for the possession, sale, purchase, transportation or introduction of Japanese Barberry. Costs to industry also are mitigated by continuing to allow the sale of certain regulated species with conditions attached, rather than prohibiting their sale entirely.

Documents associated with this regulation

Additional information can be found on our Invasive Species webpage, including a simple, printable list of regulated and prohibited species and a list of questions and answers.

More about Lands and Forests Emergency, Proposed & Recently Adopted Regulations: