N.Y. Environmental Conservation Law 9-1709 – General powers and duties of the department
§ 9-1709. General powers and duties of the department.
Terms Used In N.Y. Environmental Conservation Law 9-1709
- 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 to prevent further invasions. See N.Y. Environmental Conservation Law 9-1703
- Council: means the New York invasive species council established by section 9-1705 of this title. See N.Y. Environmental Conservation Law 9-1703
- GIS: means geographic information system. See N.Y. Environmental Conservation Law 9-1703
- Introduction: means the intentional or unintentional escape, release, dissemination, or placement of a species into an ecosystem as a result of human activity. See N.Y. Environmental Conservation Law 9-1703
- Invasive species: means a species that is:
(a) nonnative to the ecosystem under consideration; and
(b) whose introduction causes or is likely to cause economic or environmental harm or harm to human health. See N.Y. Environmental Conservation Law 9-1703 - 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. See N.Y. Environmental Conservation Law 9-1703
- Plan: means the plan developed pursuant to section 9-1705 of this title. See N.Y. Environmental Conservation Law 9-1703
- 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. See N.Y. Environmental Conservation Law 9-1703
1. The department, in cooperation with the department of agriculture and markets, shall restrict the sale, purchase, possession, propagation, introduction, importation, transport and disposal of invasive species pursuant to this section. The department and the department of agriculture and markets in consultation with the council, shall, after public hearing, promulgate joint regulations to develop:
(a) a permit for prohibited species disposal, control, research and education;
(b) a list of prohibited species, which shall be unlawful to knowingly possess with the intent to sell, import, purchase, transport or introduce;
(c) a list of prohibited species which shall be unlawful to import, sell, purchase, propagate, transport, or introduce except under a permit for disposal, control, research, or education; and
(d) a list of regulated species which shall be legal to possess, sell, buy, propagate and transport but may not be knowingly introduced into a free-living state or introduced by a means that one knew or should have known would lead to the introduction into a free-living state.
As part of the regulatory process, the departments and the council shall consider establishing grace periods for prohibited and regulated species so businesses can plan the management of existing stock.
2. For the purpose of carrying out the provisions of this title, the department in cooperation with the department of agriculture and markets shall have the authority, within funds available, to:
(a) establish, operate and maintain state-wide databases and clearinghouses for all taxa of invasive species that incorporate existing data from agencies and organizations in the state, as well as from nearby states, provinces, Canada, and the federal government. Such databases and clearinghouses may provide the aggregate data on-line in a GIS;
(b) coordinate state agency and public authority actions to do the following:
(i) phasing out uses of invasive species;
(ii) expanding use of native species;
(iii) promoting private and local government use of native species as alternatives to invasive species; and
(iv) wherever practical and where consistent with watershed and/or regional invasive species management plans, prohibiting and actively eliminating invasive species at project sites funded or regulated by the state; and
(c) in collaboration with the council, aid in the review and reform of relevant regulatory processes to remove unnecessary impediments to the restoration of invaded ecosystems.