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6 NYCRR Part 575 Prohibited and Regulated Invasive Species Express Terms

The purpose of this rulemaking is to 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.

Express Terms

Existing 6 NYCRR Subchapter C of Chapter V, Real Property and Land Acquisition, is renumbered Subchapter D, and existing 6 NYCRR Subchapter D of Chapter V, Water Regulation and Water Regulation, is renumbered Subchapter E. A new 6 NYCRR Subchapter C of Chapter V is added to read as follows: 'Invasive Species'. A new 6 NYCRR Part 575 is added in Chapter V, Subchapter C to read as follows:

6 NYCRR Part 575 Prohibited and Regulated Invasive Species.

575.1 Purpose, scope and applicability

(a) The purpose of this Part is to establish procedures to identify and classify invasive species and to establish a permit system to restrict the sale, purchase, possession, propagation, introduction, importation, and transport of invasive species in New York, as part of the Department of Environmental Conservation's statewide invasive species management program, as required by ECL sections 9-1709 and 71-0703.

(b) The regulations set forth in this Part may be complemented by provisions found in Titles 1 and 6 of the New York Code of Rules and Regulations and local laws or regulations that are designed to restrict the sale, purchase, possession, propagation, introduction, importation, transport and disposal of specific invasive species in New York. These existing regulations apply, unless in conflict, superseded or expressly stated otherwise in this Part.

575.2 Definitions.

As used in this Part, the following words and terms shall be defined as follows:

(a) 'Animal' means all vertebrate and invertebrate species, in any stage of development, including but not limited to mammals, birds, reptiles, amphibians, fish, mollusks, arthropods, insects, and their eggs, larvae or young, but excluding humans.

(b) 'Certificate of Inspection' means a valid form certifying the eligibility of regulated invasive species for intrastate movement under the requirements of this Part.

(c) 'Commissioner' means the commissioner of the Department of Environmental Conservation as well as meaning the Commissioner's designated agent.

(d) 'Compliance Agreement' means an approved document, executed by persons or firms, covering the restricted movement, processing, handling, or utilization of regulated invasive species.

(e) 'Container' means any object used to contain, store or transport products.

(f) 'Control' means, as appropriate, eradicating, suppressing, reducing, or managing invasive species populations, preventing spread of invasive species from areas where they are present, and taking steps such as restoration of native species and habitats to reduce the effects of invasive species and prevent further invasions.

(g) 'Cultivar' means a plant, or group of plants, of any species selected for desirable characteristics under cultivation, and may also be referred to as 'Variety'.

(h) 'Department' means the New York State Department of Environmental Conservation.

(i) 'Disposal' means the discharge, deposit, dumping or placing of any invasive species into or on any land or water in a manner that prevents the establishment, introduction or spread of the disposed species.

(j) 'Ecosystem' means the complex of a community of organisms and its environment functioning as an interactive unit.

(k) 'Education' means for the purpose of instruction or training.

(l) 'Environmental Notice Bulletin (ENB)' means the publication of the department published pursuant to section 3-0306 of the ECL, accessible on the department's Internet web site at http://www.dec.ny.gov.

(m) 'Free-living State' means unconfined and outside the control of a person, and in the case of animals other than fish, includes the ability to fly, walk, or swim outside of human control; and

(1) Invasive species found or placed in the following locations shall be considered to be a free-living state:

(i) lands identified as public lands;

(ii) lands that are continually or intermittently connected to public lands;

(iii) natural areas

(iv) waters identified as public waters;

(v) waters that are continually or intermittently connected to public waters; or

(vi) water-using facilities, such as fish hatcheries, aquatic farms, zoos, and minnow retail or wholesale operations, with outflows that provide direct access for species to enter public waters

(2) in the case of a fish or aquatic plant, the following locations are not considered a free-living state:

(i) artificial ponds such as water gardens that have no outlet to public waters;

(ii) waters whose shorelines are entirely within the land owned by a person, not continually or intermittently connected to public waters, and not identified by the Department as public waters; or

(iii) water-using facilities, such as fish hatcheries, aquatic farms, zoos, aquaria, and minnow retail or wholesale operations, with outflows that do not provide direct access for species to enter public waters.

(n) 'Fungi' means organisms such as yeast, molds, smuts, mildews, rusts, mushrooms and toadstools that reproduce by spores and lack chlorophyll, leaves, true stems, and roots.

(o) 'Import' means to bring into New York State or to arrange for another person to bring into New York State.

(p) 'Incidental' means an inadvertent act when performing an otherwise legal activity.

(q) 'Introduce' means the intentional or unintentional escape, release, dissemination, or placement of a species into an ecosystem as a result of human activity.

(r) 'Invasiveness Rank' means a rank assigned to a nonnative species to signify its level of invasiveness based on the relative maximum score (0-100); points are accrued as a percent of the maximum possible points for four categories: ecological impacts, biological characteristics and dispersal ability, ecological amplitude and distribution, and difficulty of control. Based on points, species are ranked Very High, High, Medium, Low or Insignificant.

(s) 'Invasive Species' means a species that is nonnative to the ecosystem under consideration, and whose introduction causes or is likely to cause economic or environmental harm or harm to human health. For the purposes of this Part, the harm must significantly outweigh any benefits.

(t) 'Limited Permit' means a valid form authorizing the restricted movement of regulated invasive species for specified processing, handling, or utilization.

(u) 'Native Species' means with respect to a particular ecosystem, a species that, other than as a result of an introduction, historically occurred or currently occurs in that ecosystem, or in New York State.

(v) 'Natural Areas' means those lands and waters that are preserved, restored, or managed for their natural features, including but not limited to parks, forests, refuges, nature preserves, grasslands, wetlands and shorelines.

(w) 'Nonnative species' means a species not indigenous to an ecosystem under consideration or to New York State, and includes an individual specimen.

(x) 'Person' means any individual, firm, co-partnership, association, or corporation, other than the state or a public corporation, as the latter is defined in Article 2A section 66 of the General Construction Law.

(y) 'Plant' means all plant species, in any stage of development, including, but not limited to trees, shrubs, vines, grasses, sedges, rushes, herbs, mosses, lichens, as well as submergent, emergent, free-floating or floating-leaf plants, and includes any part of the plant.

(z) 'Possess' includes actual and constructive possession and means to own, maintain control over, restrain, hold, grow, raise or keep.

(aa) ' Prohibited invasive species' means a species that poses a clear risk to New York's economy, ecological well-being and/or human health and is listed as prohibited under section 575.3.

(bb) 'Propagate' means to cause to continue to increase by sexual or asexual reproduction.

(cc) 'Propagule' means parts of a plant that are capable of producing additional plants through either sexual or asexual reproduction, including but not limited to seeds, roots, stems, rhizomes, tubers and spores.

(dd) 'Public Lands' means land in the public domain owned by a federal, state, county, city, town or local government entity.

(ee) 'Public Waters' means lakes, bays, sounds, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial limits of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters which do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction.

(ff) 'Purchase' means to obtain by paying money or other valuable consideration.

(gg) 'Reasonable Precautions' means intentional actions that prevent or minimize the possession, transport, or introduction of invasive species.

(hh) 'Regulated Invasive Species' means a species that has the potential to cause significant harm to New York's economy, ecological well being and/or human health and could be effectively contained through regulatory programs and is listed as regulated under section 575.4.

(ii) 'Research' means to conduct systematic search for facts or scientific investigation for which its intended purpose is the discovery of new facts and their correct interpretation, the revision of accepted conclusions, or the practical application of such new or revised conclusions.

(jj) 'Sell' means to offer for sale, make or attempt to make sales, or to give up to another for money or other valuable consideration.

(kk) 'Species' means a group of organisms all of which have a high degree of physical and genetic similarity, generally interbreed only among themselves, and show persistent differences from members of allied groups of organisms.

(ll) 'Transport' means to cause, or attempt to cause, an invasive species to be imported or carried or moved within the state, and includes accepting or receiving a specimen for the purpose of transportation or shipment.

575.3 Prohibited invasive species.

(a) Prohibited invasive species are identified in this section by scientific and common names and by specific categories of species.

(b) Except as otherwise provided by this Part, no person shall knowingly possess with the intent to sell, import, purchase, transport, or introduce any prohibited invasive species.

(c) Except as otherwise provided by this Part, no person shall sell, import, purchase, transport, introduce or propagate any prohibited invasive species.

(d) Identification of Prohibited Species.

(1) Algae and cyanobacteria. The following algae and cyanobacteria invasive species are prohibited:

Scientific Name Common Name

(i) Caulerpa taxifolia

Killer Green Algae

(ii) Didymosphenia geminata

Didymo

(iii) Prymnesium parvum

Golden Algae

(2) Plants. The following plant invasive species are prohibited:
Scientific Name Common Name

(i) Acer pseudoplatanus

Sycamore Maple

(ii) Achyranthes japonica

Japanese Chaff Flower

(iii) Alliaria petiolata

Garlic Mustard

(iv) Ampelopsis brevipedunculata

Porcelain Berry

(v) Anthriscus sylvestris

Wild Chervil

(vi) Aralia elata

Japanese Angelica Tree

(vii) Artemisia vulgaris

Mugwort

(viii) Arthraxon hispidus

Small Carpet Grass

(ix) Berberis thunbergii

Japanese Barberry

(x) Brachypodium sylvaticum

Slender False Brome

(xi) Cabomba caroliniana

Fanwort

(xii) Cardamine impatiens

Narrowleaf Bittercress

(xiii) Celastrus orbiculatus

Oriental Bittersweet

(xiv) Centaurea stoebe (C. biebersteinii, C. diffusa, C. maculosa misapplied, C. xpsammogena)

Spotted Knapweed

(xv) Cirsium arvense (C. setosum, C. incanum, Serratula arvensis)

Canada Thistle

(xvi) Cynanchum louiseae (C. nigrum, Vincetoxicum nigrum)

Black Swallow-wort

(xvii) Cynanchum rossicum (C. medium, Vincetoxicum medium, V. rossicum)

Pale Swallow-wort

(xviii) Dioscorea polystachya (D. batatas)

Chinese Yam

(xix) Dipsacus laciniatus

Cut-leaf Teasel

(xx) Egeria densa

Brazilian Waterweed

(xxi) Elaeagnus umbellata

Autumn Olive

(xxii) Euphorbia cyparissias

Cypress Spurge

(xxiii) Euphorbia esula

Leafy Spurge

(xxiv) Ficaria verna (Ranunculus ficaria)

Lesser Celandine

(xxv) Frangula alnus (Rhamnus frangula)

Smooth Buckthorn

(xxvi) Glyceria maxima

Reed Manna Grass

(xxvii) Heracleum mantegazzianum

Giant Hogweed

(xxviii) Humulus japonicus

Japanese Hops

(xxix) Hydrilla verticillata

Hydrilla, Water Thyme

(xxx) Hydrocharis morus-ranae

European Frogbit

(xxxi) Imperata cylindrica (I. arundinacea, Lagurus cylindricus)

Cogon Grass

(xxxii) Iris pseudacorus

Yellow Iris

(xxxiii) Lepidium latifolium

Broad-leaved Pepper-grass

(xxxiv) Lespedeza cuneata

Chinese Lespedeza

(xxxv) Ligustrum obtusifolium

Border Privet

(xxxvi) Lonicera japonica

Japanese Honeysuckle

(xxxvii) Lonicera maackii

Amur Honeysuckle

(xxxviii) Lonicera morrowii

Morrow's Honeysuckle

(xxxix) Lonicera tatarica

Tartarian Honeysuckle

(xl) Lonicera x bella

Fly Honeysuckle

(xli) Ludwigia hexapetala (L. grandiflora)

Uruguayan Primrose Willow

(xlii) Ludwigia peploides

Floating Primrose Willow

(xliii) Lysimachia vulgaris

Garden Loosestrife

(xliv) Lythrum salicaria

Purple Loosestrife

(xlv) Microstegium vimineum

Japanese Stilt Grass

(xlvi) Murdannia keisak

Marsh Dewflower

(xlvii) Myriophyllum aquaticum

Parrot-feather

(xlviii) Myriophyllum heterophyllum

Broadleaf Water-milfoil

(xlix) Myriophyllum heterophyllum x M. laxum

Broadleaf Water-milfoil Hybrid

(l) Myriophyllum spicatum

Eurasian Water-milfoil

(li) Nymphoides peltata

Yellow Floating Heart

(lii) Oplismenus hirtellus

Wavyleaf Basketgrass

(liii) Persicaria perfoliata (Polygonum perfoliatum)

Mile-a-minute Weed

(liv) Phellodendron amurense

Amur Cork Tree

(lv) Phragmites australis

Common Reed Grass

(lvi) Phyllostachys aurea

Golden Bamboo

(lvii) Phyllostachys aureosulcata

Yellow Groove Bamboo

(lviii) Potamogeton crispus

Curly Pondweed

(lix) Pueraria montana

Kudzu

(lx) Reynoutria japonica (Fallopia japonica, Polygonum cuspidatum)

Japanese Knotweed

(lxi) Reynoutria sachalinensis (Fallopia sachalinensis, Polygonum sachalinensis)

Giant Knotweed

(lxii) Reynoutria x bohemica (Fallopia x bohemica, Polygonum x bohemica)

Bohemian Knotweed

(lxiii) Rhamnus cathartica

Common Buckthorn

(lxiv) Rosa multiflora

Multiflora Rose

(lxv) Rubus phoenicolasius

Wineberry

(lxvi) Salix atrocinerea

Gray Florist's Willow

(lxvii) Silphium perfoliatum

Cup-plant

(lxviii) Trapa natans

Water Chestnut

(lxix) Vitex rotundifolia

Beach Vitex

(3) Fish. The following fish invasive species are prohibited:
Scientific Name Common Name

(i) Channa argus

Northern Snakehead

(ii) Channa marulius

Bullseye Snakehead

(iii) Channa micropeltes

Giant Snakehead

(iv) Clarias batrachus

Walking Catfish

(v) Gambusia affinis

Western Mosquitofish

(vi) Gambusia holbrooki

Eastern Mosquitofish

(vii) Hypophthalmichthys harmandi

Largescale Silver Carp

(viii) Hypophthalmichthys molitrix

Silver Carp

(ix) Hypophthalmichthys nobilis

Bighead Carp

(x) Misgurnus anguillicaudatus

Oriental Weatherfish

(xi) Mylopharyngodon piceus

Black Carp

(xii) Neogobius melanostomus

Round Goby

(xiii) Petromyzon marinus

Sea Lamprey

(xiv) Proterorhinus semilunaris (P. marmoratus)

Tubenose Goby

(xv) Tinca tinca

Tench

(4) Aquatic invertebrates. The following aquatic invertebrate invasive species are prohibited:
Scientific Name Common Name

(i) Bellamya chinensis (Cipangopaludina chinensis)

Chinese Mystery Snail

(ii) Bellamya japonica

Japanese Mystery Snail

(iii) Bithynia tentaculata

Faucet Snail

(iv) Bythotrephes longimanus (B. cederstroemi)

Spiny Water Flea

(v) Cercopagis pengoi

Fishhook Water Flea

(vi) Corbicula fluminea

Asian Clam

(vii) Crassostrea ariakensis

Suminoe Oyster

(viii) Didemnum spp.

Carpet Tunicate

(ix) Dreissena polymorpha

Zebra Mussel

(x) Dreissena rostriformis bugensis

Quagga Mussel

(xi) Eriocheir sinensis

Chinese Mitten Crab

(xii) Hemigrapsus sanguineus

Asian Shore Crab

(xiii) Hemimysis anomala

Bloody Red Shrimp

(xiv) Orconectes rusticus

Rusty Crayfish

(xv) Potamopyrgus antipodarum

New Zealand Mud Snail

(xvi) Rapana venosa

Veined Rapa Whelk

(xvii) Styela plicata

Asian Sea Squirt

(5) Terrestrial invertebrates. The following terrestrial invertebrate invasive species are prohibited.
Scientific Name Common Name

(i) Achatina achatina

Giant Ghana Snail

(ii) Achatina fulica (Lissachatina fulica)

Giant African Land Snail

(iii) Adelges tsugae

Hemlock Woolly Adelgid

(iv) Agrilus planipennis

Emerald Ash Borer

(v) Amynthas spp.

Asian Earthworms

(vi) Anoplophora glabripennis

Asian Longhorned Beetle

(vii) Apis mellifera scutellata x A. mellifera ligustica/ A. mellifera iberiensis

Africanized Honey Bee

(viii) Archachatina marginata

Giant West African Snail

(ix) Cryptococcus fagisuga

Beech Scale

(x) Lymantria dispar

Asian and European Gypsy Moth

(xi) Monochamus alternatus

Japanese Pine Sawyer

(xii) Pityophthorus juglandis

Walnut Twig Beetle

(xiii) Sirex noctilio

Sirex Woodwasp

(6) Terrestrial and aquatic vertebrates. The following terrestrial and aquatic vertebrate invasive species are prohibited:
Scientific Name Common Name

(i) Cygnus olor

Mute Swan

(ii) Lepus europaeus

European Hare

(iii) Myocastor coypus

Nutria

(iv) Nyctereutes procyonoides

Asian Raccoon Dog

(v) Sus scrofa (excluding Sus scrofa domestica)

Eurasian Boar

(7) Fungi. The following fungi invasive species are prohibited.
Scientific Name Common Name

(i) Amylostereum areolatum

Sirex Wasp Fungus

(ii) Geomyces destructans

White-nose Syndrome

(iii) Geosmithia morbida

Thousand Canker Disease

(iv) Phytophthora ramorum

Sudden Oak Death

(e) Prohibited invasive species shall only be disposed of in a manner that renders them nonliving and nonviable.

(f) A person may possess, sell, purchase, transport or introduce for a maximum of one year following the effective date of this Part, the prohibited invasive species listed below:

Scientific Name Common Name

(1) Berberis thunbergii

Japanese Barberry

(g) A person may possess, sell, offer for sale, distribute, transport, or otherwise market or trade live Eurasian boars '(Sus scrofa)' until September 1, 2015. No person shall knowingly import, propagate or introduce Eurasian boars into a free-living state.

575.4 Regulated invasive species.

(a) Regulated invasive species are identified in this section by scientific and common names and by specific categories of species.

(b) Except as otherwise provided by this Part, no person shall knowingly introduce into a free-living state or introduce by a means that one knew or should have known would lead to the introduction into a free-living state any regulated invasive species, although such species shall be legal to possess, sell, buy, propagate and transport.

(c) Identification of Regulated Species.

(1) Algae and cyanobacteria. The following algae and cyanobacteria invasive species are regulated:
Scientific Name Common Name

(i) Cylindrospermopsis raciborskii

Cylindro

(ii) Grateloupia turuturu

Red Algae

(2) Plants. The following plant invasive species are regulated:

Scientific Name Common Name

(i) Acer platanoides

Norway Maple

(ii) Clematis terniflora

Japanese Virgin's Bower

(iii) Euonymus alatus

Burning Bush

(iv) Euonymus fortunei

Winter Creeper

(v) Miscanthus sinensis

Chinese Silver Grass

(vi) Robinia pseudoacacia

Black Locust

(3) Fish. The following fish invasive species are regulated:

Scientific Name Common Name

(i) Carassius auratus

Goldfish

(ii) Cyprinella lutrensis

Red Shiner

(iii) Cyprinus carpio

Common Carp, Koi

(iv) Gymnocephalus cernuus

Ruffe

(v) Monopterus albus

Asian Swamp Eel

(vi) Oreochromis aureus

Blue Tilapia

(vii) Oreochromis niloticus

Nile Tilapia

(viii) Pterois miles

Common Lionfish

(ix) Pterois volitans

Red Lionfish

(x) Sander lucioperca (Stizostedion lucioperca)

Zander

(xi) Scardinius erythrophthalmus

Rudd

(4) Aquatic invertebrates. The following aquatic invertebrate invasive species are regulated:
Scientific Name Common Name

(i) Carcinus maenas

European Green Crab

(ii) Daphnia lumholtzi

Water Flea

(iii) Hemigrapsus takanoi (H. penicillatus)

Brush-clawed Shore Crab, Grapsid Crab

(5) Terrestrial and aquatic vertebrates. The following terrestrial and aquatic vertebrate invasive species are regulated:

Scientific Name Common Name

(i) Alopochen aegyptiacus

Egyptian Goose

(ii) Cairina moschata

Muscovy Duck

(iii) Myiopsitta monachus

Monk Parakeet

(iv) Oryctolagus cuniculus European Rabbit

(v) Trachemys scripta elegans

Red-eared Slider

(vi) Xenopus laevis

African Clawed Frog

575.5 Classifications.

(a) Classification. A species shall be classified and listed as prohibited or regulated by the Department and the Department of Agriculture and Markets by applying the invasiveness ranking system established in 'A Regulatory System for Non-Native Species, June 2010,' ("the Report")[1]. The Department and the Department of Agriculture and Markets shall consider the following ecological and socio-economic factors to determine the invasiveness rank and whether the species should be classified as prohibited or regulated:

(1) The species meets the definition of invasive species;

(2) The species is currently on a federal list or is listed by other states as an invasive species and its native habitat has climatic conditions similar to that of New York State;

(3) Ecological impacts including, but not limited to, natural ecosystem processes, community structure and composition, and impacts on other species or species groups;

(4) Biological characteristics and dispersal ability including, but not limited to, mode and rate of reproduction, potential for dispersal and spread, characteristics which increase competitive advantages, and known related invasive species;

(5) Ecological amplitude and distribution including, but not limited to, population status, habitats utilized, role of disturbance in establishment, and climate in native range;

(6) Difficulty of control;

(7) Economic benefits or negative impacts of the species;

(8) Human health benefits or negative impacts of the species; and

(9) Cultural or societal significance of the benefits or harm caused by the species.

(b) Species classified as prohibited are nonnative species that pose a clear risk to New York's economy, ecological well-being and/or human health and:

(1) are listed on a federal list as an invasive species and its native habitat has climatic conditions similar to New York State; or

(2) are assessed using the Report's invasiveness ranking process established by the Department and Department of Agriculture and Markets, and assigned an ecological invasive ranking of "Very High" or "High"; or

(3) for which the results of a qualitative socio-economic assessment, using an accepted ranking process, established by the Department and Department of Agriculture and Markets, justifies placing a species that ranked "Moderate" or "Low" in the ecological assessment in the prohibited category.

(c) Grace periods may be established for species classified as prohibited by the Department and the Department of Agriculture and Markets to allow businesses to plan for the management of existing stock.

(d) Species classified as regulated are nonnative species that have the potential to cause significant harm to New York's economy, ecological well being and/or human health and could be effectively contained through regulatory programs, and:

(1) are assessed using the Report's invasiveness ranking process, established by the Department and Department of Agriculture and Markets, and assigned an ecological invasive ranking of "Moderate" or higher invasiveness; or

(2) for which the results of a qualitative socio-economic assessment, using an accepted ranking process, established by the Department and Department of Agriculture and Markets justifies placing a species that ranked "Low" in the ecological assessment in the regulated category.

(e) Invasive species that are classified pursuant to this section and are identified in sections 575.3 and 575.4, are subject to requirements of this Part consistent with the respective invasive species classification. All future classifications of prohibited and regulated invasive species shall apply the invasiveness ranking system established in the Report and required by this section.

575.6 Conditions governing regulated invasive species.

(a) A regulated invasive species that is sold or offered for sale in New York State shall have attached in a conspicuous place on the container used to display the regulated invasive species, and where no container is used on the species itself, a label with the words 'Invasive Species-Harmful to the Environment' in at least 14 point bold type. Where it is impracticable to display a label, written notice shall be provided upon sale to the purchaser. The label or written notice shall be of a design prescribed by the Department of Agriculture and Markets with the approval of the Department and shall offer alternative non-invasive species and provide instructions for the care or tending of the invasive species to prevent their spread in the State or the introduction into a free-living state.

(b) Before supplying or planting a regulated invasive species as part of a landscape service in the State, a person shall give written notice to the customer that the invasive species is harmful to the environment. Such notice shall include the common and scientific names of the invasive species immediately followed by the words "Invasive species-Harmful to the Environment" in no less than 14 point bold type. The notice shall offer alternative non-invasive species and shall provide instructions for the care or tending of the invasive species to prevent their spread in the State or the introduction into a free-living state.

(c) No person selling or offering for sale a regulated species shall conceal, detach, alter, deface, or destroy any label, sign, or notice required under this section.

(d) Any person who purchases a regulated invasive species shall be required to follow any instructions required by this section and maintain the required instructions until the regulated invasive species is disposed of in a manner that renders it non-living and non-viable.

575.7 Petitions to add a species to the invasive species list or remove a species from the invasive species list.

(a) A person may petition the Department to have a species added to the invasive species list or removed from the invasive species list found in this Part. Persons who submit a petition to add a species to the invasive species list or remove a species from the invasive species list must provide his or her name, address, telephone number, and e-mail address (if available). The Department may only classify additional nonnative species that meet the established criteria in section 575.5 for prohibited or regulated as invasive species and may classify them as prohibited or regulated invasive species if the commissioner, with the approval of the New York State Department of Agriculture and Markets determines the established criteria are met. Persons who submit a petition to remove a species from the invasive species list must provide his or her name, address, telephone number, and (if available) e-mail address. The Department, with the approval of the New York State Department of Agriculture and Markets, may only remove classified invasive species if those invasive species no longer meet the established criteria in section 575.5. Persons who submit a petition to add a species to the invasive species list or remove a species from the invasive species list are encouraged to provide the following information, which can facilitate the review process:

(b) Identification and background of the species.

(1) The species scientific name;

(2) Species taxonomic classification;

(3) Common synonyms;

(4) Common names;

(5) Summary of life history;

(6) Native and world distribution;

(7) Distribution in New York State, if any;

(8) Description of control efforts, if established in New York State; and

(9) Whether the species is regulated at the Federal or local level.

(c) Potential consequences of the species' introduction or spread.

(1) The species' habitat suitability in New York State;

(2) Dispersal potential (biological characteristics associated with invasiveness);

(3) Potential economic impacts (e.g., potential to reduce crop yields, lower commodity values, or cause loss of markets for New York State goods); and

(4) Potential environmental impacts (e.g., impacts on ecosystem processes, natural community composition or structure, human health, recreation patterns, property values, or use of chemicals to control the species).

(d) Likelihood of the species' introduction or spread.

(1) Potential pathways for the species' movement into and within New York State;

(2) Description of control efforts either within New York or nearby areas where this species is present; and

(3) The likelihood of survival and spread of the species within each pathway.

(e) Evidence that the species is distributed throughout its potential range or has spread too far to implement effective control.

(f) Evidence that control efforts have been unsuccessful and further efforts are unlikely to succeed.

(g) For cultivars of a listed invasive species, scientific evidence that the cultivar has a combination of risk elements that result in a low risk.

575.8 Exemptions.

(a) Compliance with the provisions of this Part do not apply to:

(1) a person who possesses, imports, sells, purchases, propagates, transports, or introduces a prohibited invasive species or regulated invasive species, if the Department determines that the possession, sale, importation, purchase, transportation, or introduction was incidental or unknowing, and was not due to the person's failure to take reasonable precautions.

(2) a person who possesses or transports a prohibited or regulated invasive species for the purposes of control or management of that existing invasive species that was not introduced due to the person's failure to take reasonable precautions.

(3) a person who possesses or transports a prohibited invasive species or regulated invasive species for the purpose of identification or disposal.

(4) a person who possesses, sells, imports, purchases, transports, or introduces a plant cultivar whose parent species is a prohibited invasive species or regulated invasive species, for which the Department determines:

(i) that the primary means of reproduction of the cultivar's parent species is sexual, not vegetative, and

(ii) that the cultivar and its offspring do not revert to express the invasive characteristics of the parent species, including,

('a') the cultivar is completely sterile or has no reproductive parts; or,

('b') demographic modeling predicts that the cultivar is unable to establish expanding populations in natural areas.

(iii) The Department will publish a list of cultivars meeting the criteria of this subparagraph in the State Register and Environmental Notice Bulletin. Only cultivars listed pursuant to this section are eligible for this exemption.

(5) a person who is authorized by permit issued by the Department or Department of Agriculture and Markets to possess, sell, import, purchase, transport or introduce a species for disposal, control, research, or education, but the species shall not be introduced into a free-living state unless explicitly authorized by permit pursuant to section 575.9.

(6) a person operating under a compliance agreement, limited permit, or certificate of inspection pertaining to a prohibited or regulated invasive species, issued by the Department, Department of Agriculture and Markets and/or the USDA Animal and Plant Health Inspection Service.

(7) a person to whom a permit has been issued by the Department or the Department of Agriculture and Markets for importation, transport, distribution or release of a pest or biological control agent that is a listed or designated prohibited invasive species or regulated invasive species.

(8) wetland plant species associated with a vegetation treatment unit used in a wastewater treatment facility authorized by a Department permit prior to the adoption of this Part.

575.9 Invasive species permits.

(a) A person may possess, with the intent to sell, import, purchase, transport or introduce, a prohibited invasive species if the person has been issued a permit by the Department for research, education, or other approved activity, under this Part.

(b) A person may only introduce a regulated invasive species into a free-living state if the person is issued a permit under this section expressly authorizing such introduction.

(c) Written Application Required.

(1) Applications for permits under this chapter shall be submitted in writing to the Department on forms available from the Department. The application shall include:

(i) the name and quantity or number of invasive species specimens for which a permit is sought;

(ii) whether the permit is sought for research, education, or other activity;

(iii) a description of other relevant permits, approvals or licenses of the applicant,

(iv) the applicant's purpose or reason for seeking the permit and;

(v) other relevant information, including control and disposal measures.

(2) The Department may request additional information including, but not limited to: location or storage area of the invasive species, or how it will be kept or stored to prevent spreading into the wild, how it will be disseminated, and how it will be destroyed once the applicant is done using them.

(3) The Department shall act on complete permit applications within 45 days following receipt of the application.

(d) Approval Criteria. The Department shall review permit applications to determine whether all of the following criteria are met.

(1) The applicant is knowledgeable in the proper handling, control, and disposal of the invasive species.

(2) The applicant has an adequate site or facility for containment of the invasive species.

(3) The applicant has demonstrated to the Department's satisfaction that permitted activities will not cause significant ecologic or economic harm or harm to human health.

(4) The applicant has complied with the conditions of any previous Department permits issued under this chapter.

(5) The Department accepts proposed disposal methods and protocols which will render the invasive species non-viable and will prevent the introduction and spread of the invasive species.

(e) Issuance and Conditions.

(1) If the Department determines that there is significant public interest, it may hold a public information hearing on a permit application before acting on the application.

(2) An applicant meeting the approval criteria may be issued a permit subject to conditions the Department considers reasonable.

(f) Records and Reporting.

(1) Each permittee shall keep a current, correct and complete record of all permit activities as required by the Department, on forms available from the Department. Permit records may be inspected and copied by the Department at any time. Copies of records shall be provided to the Department upon request.

(g) Permit Transfer; Alterations.

(1) Unless expressly provided by the terms of the permit or by subsequent written approval of the Department, permits issued under this Part are not transferable. No person shall alter or deface a permit issued under this Part.

(h) Other Permits or Approvals.

(1) A person who holds a permit or approval issued by the Department under another regulation or a statute, other than a license or permit or order issued by the Department pursuant to section 9-1709 of the Environmental Conservation Law or pursuant to the provisions of this Part, is not required to hold a permit under this Part for disposal, control, research or education involving a prohibited or regulated invasive species if the Department determines that the following apply:

(i) the permit or approval expressly authorizes the disposal, control, research or education activity involving a prohibited or regulated invasive species;

(ii) the permit or approval includes legally enforceable requirements that are at least equivalent to those that would be contained in a permit issued by the Department under this Part; and

(iii) the person is not in violation of the permit or approval.

575.10 Penalties and enforcement.

(a) Any person who violates this Part or any license or permit or order issued by the Department, or Department of Agriculture and Markets, pursuant to section 9-1709 of the Environmental Conservation Law or pursuant to the provisions of this Part shall be liable for all penalties and other remedies provided for in the Environmental Conservation Law including section 71-0703(9). With respect to Eurasian boars, any person who violates this Part shall also be liable for all penalties provided for in the Environmental Conservation Law, including section 71-0925. Such penalties and remedies may be in addition to any other penalty or remedy available under any other law, including but not limited to, permit revocation.

575.11 Coordination.

(a) This Part does not affect the authority of the Department of Agriculture and Markets. The Department of Agriculture and Markets shall inspect registered growers and dealers of plant material pursuant to Agriculture and Markets Law, Article 14 section 166, for compliance with this Part. Any violation issued by the Department of Agriculture and Markets shall be referred to the Department of Environmental Conservation for assessment of penalties pursuant to Environmental Conservation Law, section 71-0703.

575.12 Severability.

(a) If a provision of this Part or its application to any person or circumstance is determined to be contrary to law by a court of competent jurisdiction, such determination shall not affect or impair the validity of the other provisions of this Part or the application to other persons and circumstances.

[1] The Report is available for inspection and copying from the Division of Lands and Forests of the New York State Department of Environmental Conservation offices at 625 Broadway, Albany, NY 12233-4250, or can be accessed from the Department's website.