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Lands and Forests Emergency, Proposed & Recently Adopted Regulations

Emergency Regulations

Currently, there are no emergency regulations.

Proposed Regulations

A new Section 192.7 is added to 6 NYCRR Part 192

The purpose of this regulation is to restrict the movement of emerald ash borer by regulating movement of host materials.

Comments on the proposed regulation will be accepted until 4:00 p.m. on July 11, 2015.

Comments may be sent to:
Bruce Williamson
Division of Lands and Forests
625 Broadway
Albany, NY 12233-4253

Summary of the regulation's express terms:

Section 192.7(a) sets forth the purpose, scope and applicability of this section.

Section 192.7(b) sets forth the definitions used in this section.

Section 192.7(c) sets forth the process for establishing the current quarantine map. The map, promulgated in regulation by the New York State Department of Agriculture and Markets (NYSDAM), in Part 141 of Title 1 of NYCRR, identifies the 14 restricted zones which are infested with the Emerald Ash Borer (EAB). This section also provides that any amendment to the map shall be made by regulation.

Section 192.7(d) governs the movement of regulated articles within restricted zones. It generally provides that any ash material or wood material that is commingled and otherwise indistinguishable from ash material may be moved within a restricted zone for processing, treatment, use or disposal. This includes EAB-infested material.

Section 192.7(e) governs restrictions on movement of regulated articles originating within or traveling through restricted zones. This section generally prohibits the movement of ash nursery stock year round and chips between April 15th and May 15th. This section permits the movement of regulated articles accompanied by a valid certificate of inspection, limited permit, both from NYSDAM, administrative instructions by the Commissioner of NYSDAM, or those being moved for experimental or scientific purposes. Section 192.7(e) also provides that regulated articles from outside a restricted zone may be moved through the restricted zone to a point outside that zone, as long as the origin and destination of the articles are on a waybill and the articles are moved without stopping except for traffic conditions or refueling.

Section 192.7(f) governs compliance agreements. This section generally provides that persons engaged in growing, handling or moving regulated articles intrastate may apply to NYSDAM for a compliance agreement, subject to NYSDAM approval. Any person who enters into a compliance agreement must agree to comply with this section and NYSDAM regulation, Part 141 of Title 1 NYCRR and any condition in the agreement. Any compliance agreement may be cancelled either orally or in writing, whenever an inspector determines that the person holding the compliance agreement has not complied with this section or NYSDAM regulation, Part 141 of Title 1 NYCRR or the conditions in the agreement.

Section 192.7(g) governs certificates of inspection and limited permits. An inspector may issue a certificate of inspection for the movement of regulated articles outside restricted zones, provided that the article is apparently free of EAB; has been grown, produced, manufactured, treated, stored or handled in a manner that prevents the regulated article from presenting a risk of spreading EAB; and is eligible for unrestricted movement under all other state plant quarantines and regulations. If the regulated articles are not eligible for a certificate of inspection, an inspector may issue a limited permit for movement of the articles, provided the articles are being moved to a specified destination for specific processing, handling or utilization, and the movement will not result in the spread of EAB since EAB will be destroyed by the specific processing, handling or utilization. Any certificate of inspection or limited permit may be cancelled either orally or in writing, whenever an inspector determines that the person holding the certificate or permit has not complied with this section or NYSDAM regulation, Part 141 of Title 1 NYCRR.

Section 192.7(h) provides that regulated articles may be moved intrastate for experimental or scientific purposes on conditions and safeguards as may be prescribed in writing by NYSDAM. The container carrying the articles shall bear an identifying tag issued by NYSDAM showing compliance with such conditions.

Section 192.7(i) governs marking requirements. It generally provides that every container of regulated articles intended for intrastate movement shall be marked with the names and addresses of the consignor and consignee. A valid certificate of inspection or limited permit shall also be attached to the container.

Section 192.7(j) governs the assembly of regulated articles for inspection. This section generally requires that persons intending to move regulated articles intrastate shall apply for certification as far in advance as possible and assemble regulated articles at such points and in such manner as the inspector shall designate. This section also provides that the Department and/or NYSDAM will not be responsible for any cost incident to the inspection other than for the services of the inspector.

Section 192.7(k) governs the inspection and disposition of shipments. It generally provides that any vehicle, container and any item to be moved, which is moving or which has been moved intrastate from a restricted zone, and may contain regulated articles or infestations of EAB, may be examined by a DEC official or an inspector. It also provides that when regulated articles are found to be moving or have been moved in violation of these regulations, a DEC official or an inspector may take such action deemed necessary to eliminate the danger of the spread of EAB. Infested articles must be rendered free of infestation at no cost to the state.

Section 192.7(l) provides that no provision of section 192.7 relieves any person from the obligation of complying with any other applicable federal, state or local law or regulation.

Section 192.7(m) sets forth the effective date of the regulation. The rule becomes effective in a particular county on and after the tenth day from the filing of a certified copy in the office of the clerk of that county.

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: