Invasive Species Regulations
An "invasive species" is a species that is non-native to the ecosystem under consideration; and whose introduction causes or is likely to cause economic or environmental harm or harm to human health. Regulations are developed to help control invasive species by reducing their introduction and spread.
- Prohibited and regulated plants - booklet with photos (PDF)
- Prohibited and regulated animals - booklet with photos (PDF, 5 MB)
Regulated and Prohibited Invasive Species
In 2015, a NYS Regulation 6 NYCRR Part 575 (leaves DEC website) became effective which prohibits or regulates the possession, transport, importation, sale, purchase and introduction of select invasive species. The purpose of this regulation is to help control invasive species by reducing new infestations and spread of existing populations. This regulation includes plants, animals, invertebrates, fungi, algae, and cyanobacteria. This regulation became effective March 10, 2015.
- Printable list of prohibited and regulated invasive species along with some frequently asked questions (PDF)
- What businesses need to know about New York's regulated and prohibited invasive species - brochure (PDF)
- The regulation's express terms (Part 575), which include the list of prohibited and regulated invasive species (leaves DEC website)
Exempt Cultivars of Prohibited and Regulated Invasive Species
The cultivars listed below meet the exemption qualifications of 575.8 (a)(4).
| Common Name |
Scientific Name |
Cultivar Name |
Trademark Name |
Accession Number |
Patent | Status |
|---|---|---|---|---|---|---|
| Japanese Barberry | Berberis thunbergii | 'Aurea' | Conditionally Exempt | |||
| Japanese Barberry | Berberis thunbergii | 'UCONNBTCP4N' | Crimson Cutie | PPAF | Conditionally Exempt | |
| Japanese Barberry | Berberis thunbergii | 'UCONNBTB113' | Lemon Cutie | PPAF | Conditionally Exempt | |
| Japanese Barberry | Berberis thunbergii | 'UCONNBTB048' | Lemon Glow | PPAF | Conditionally Exempt | |
| Japanese Barberry | Berberis thunbergii | 'UCONNBTB039' | Mr. Green Genes | PP30, 128 P3 | Conditionally Exempt |
| Common Name |
Scientific Name |
Cultivar Name |
Trademark Name |
Accession Number |
Patent | Status |
|---|---|---|---|---|---|---|
| Chinese Silvergrass | Miscanthus sinensis | 'NCMS1' | My Fair Maiden | H2008-091-004 | PPAF | Conditionally Exempt |
| Chinese Silvergrass | Miscanthus sinensis | 'Tift M77' | Scout | PPAF | Conditionally Exempt | |
| Winter Creeper | Euonymus fortunei | 'Kewensis' | Conditionally Exempt | |||
| Winter Creeper | Euonymus fortunei | 'Vanilla Frosting' | Conditionally Exempt |
Regulated Plant & Animal Species that Require Labels
Six plants and seven animals are considered regulated under Part 575 as of March 10, 2015. These plants and animals must be labeled in at least 14 point font with the warning: "Invasive Species - Harmful to the Environment".
Businesses selling any of these species (i.e. nursery or landscaping businesses; pet stores) are required to label regulated species. The list of species required to display this information can be found below.
| Common Name | Scientific Name |
|---|---|
| Norway Maple | Acer platanoides |
| Japanese Virgin's Bower | Clematis terniflora |
| Burning Bush | Euonymous alatus |
| Winter Creeper | Euonymous fortunei |
| Chinese Silver Grass | Miscanthus sinensis |
| Black Locust | Robinia psuedoacacia |
| African Clawed Frog | Xenopus laevis |
| Goldfish | Carassius auratus |
| Koi | Cyprinus carpo |
| Lionfish | Pterois miles |
| Lionfish | Pterois volitans |
| Monk/Quaker Parakeet | Myiopsitta monachus |
| Red-Eared Slider | Trachemys scripta elegans |
Aquatic Invasive Species at Boat Launching and Fishing Sites
Boats, trailers, waders and other fishing equipment can spread invasive species from waterbody to waterbody unless properly cleaned after use. Regulations prohibit boats from launching from or leaving DEC launch sites without first draining the boat and cleaning the boat, trailer and equipment of visible plant and animal material. Material that is removed from a watercraft should be disposed of in an invasive species disposal station or garbage can.
The Aquatic Invasive Species (AIS) Spread Prevention regulation, or 6 NYCRR Part 576, is a statewide regulations (leaves DEC website) that requires reasonable precautions, such as cleaning, draining and treating, and drying are taken to prevent the spread of aquatic invasive species prior to placing watercraft or floating docks into public waterbodies.
These statewide regulations apply to both private and public launches on public waterbodies within the state. Public waterbodies are defined as "all waters within the state (public or private) except those private waters which do not combine or effect a junction with natural surface waters, which are wholly, partially within, or bordering the state." Watercraft are defined as any motorized or non-motorized boats, vessels or vehicles capable of being used for recreation or transportation on water.
Many New York counties, towns and villages have additional laws in place that prohibit the transport of aquatic invasive species on boats, trailers and equipment, so be sure to research the rules of a specific area before you visit.
Penalties for Part 576 Regulations
- For any first violation, a written warning may be issued along with educational materials.
- For a second offense, a fine of up to $150 may be issued.
- For a third offense, a fine of up to $250 may be issued.
- For a fourth offense, a fine of up to $1,000 may be issued.
Special Notice for Boaters in the Adirondack Park and Within Ten Miles of the Blue Line
All boaters operating any kind of motorized watercraft in the Adirondack Park and within ten miles of the Blue Line (PDF) are required by law to possess certification that, before launching, their vessel has undergone measures to prevent the spread of aquatic invasive species by following the Clean.Drain.Dry. standards described in NYS Regulation (6 NYCRR Part 576). These certificates can be acquired by visiting a DEC designated aquatic invasive species inspection station where boat stewards are present to inspect or decontaminate vessels and to provide boaters with a certification card.
Alternately, boaters may perform Clean.Drain.Dry. steps themselves and then complete a self-issued certificate. A Self-Issued Certificate is available below to be printed and carried by boaters.
NYSDEC Designated Inspection Stations 2022 (PDF)
Have questions about this new regulation? See our Frequently Asked Questions (PDF)
NYS Firewood Regulation
Untreated firewood may be carrying the eggs, larvae, spores, or seeds of invasive species. Moving untreated firewood from place to place is one of the most common ways that invasive species such as, emerald ash borer, oak wilt, and Asian longhorned beetle, spread. Keep untreated firewood within 50 miles of its source origin - it's the law.
- Visit our page on firewood and invasive pests to learn about New York State's firewood regulation.
Additional Resources
- Boating and aquatic invasive species
- Aquatic Invasive Species Regulations at DEC Boat Launching and Fishing Sites (sections 59.4 and 190.24)
- Prevent the spread of aquatic invasive species
- Part 576 regulations - Aquatic Invasive Species Spread Prevention express terms (leaves DEC website)
