N.Y. Environmental Conservation Law 9-1705 – New York invasive species council
§ 9-1705. New York invasive species council.
Terms Used In N.Y. Environmental Conservation Law 9-1705
- Adirondack park: shall include all lands located in the forest preserve counties of the Adirondacks within the following described boundaries, to wit: Beginning at the most southerly corner of lot 166 of the John Glen and 44 Others Patent in the line between such patent and the twenty-first allotment of the Kayaderosseras Patent; thence northeasterly along the said line and along the southerly bounds of John Glen and 44 Others Patent and of the Sanders Patent to the southeasterly corner of the Sanders Patent; thence continuing northeasterly along the division line between the twenty-second and twenty-fourth allotments of the Kayaderosseras Patent to the southeasterly corner of the twenty-fourth allotment of the Kayaderosseras Patent; thence northerly along the division line between the twenty-fourth and the twenty-fifth allotments of that patent to the northeasterly corner of the twenty-fourth allotment; thence easterly along the north line of the twenty-fifth allotment and the southerly lines of John Glen and 44 Others Patent, the Luzerne Tract and the Glen Patent to the southeasterly corner of the Glen Patent; thence northerly along the easterly lines of the Glen Patent and the Luzerne Tract to the northwesterly corner of the Queensbury Patent; thence easterly along the northerly bounds of the Queensbury Patent to the northeasterly corner thereof; thence southerly along the easterly bounds of the Queensbury Patent to the northwesterly corner of the Kingsbury Patent; thence easterly along the northerly bounds of the Kingsbury Patent to the southwesterly corner of the Artillery Patent; thence northerly along the westerly line of the Artillery Patent to the northwesterly corner of the Artillery Patent; thence easterly along the northerly bounds of the Artillery Patent to the southwesterly corner of the town of Whitehall; thence northerly along the westerly line of the town of Whitehall to the southern boundary of the town of Dresden; thence in a general northerly and easterly direction along the town line to the state boundary at the outlet of South Bay; thence in a northerly direction along the state boundary to the northeastern corner of the town of Peru in Clinton county; thence in a westerly direction to the low water line of Valcour Island; thence in a general northerly and westerly direction along the northern shore of Valcour Island to the northern boundary of the town of Peru; thence in a westerly direction along the northern boundary of the town of Peru to the eastern edge of the Delaware and Hudson railroad right-of-way; thence southerly along said eastern edge of the railroad right-of-way to the intersection of said right-of-way with the eastern edge of the right-of-way of U. See N.Y. Environmental Conservation Law 9-0101
- Advisory committee: means the New York invasive species advisory committee established by section 9-1707 of this title. See N.Y. Environmental Conservation Law 9-1703
- 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
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Council: means the New York invasive species council established by section 9-1705 of this title. See N.Y. Environmental Conservation Law 9-1703
- Ecosystem: means the complex of a community of organisms and its environment. 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. There is hereby established the New York invasive species council. Such council shall consist of a total of nine members and shall include the commissioner, the commissioners of agriculture and markets, transportation, parks, recreation and historic preservation, education, the secretary of state, the chairperson of the New York state thruway authority, the director of the New York state canal corporation, and the chairperson of the Adirondack Park agency, or a designee of such department, agency or public authority.
2. The commissioner of agriculture and markets and the commissioner or their designees shall serve as joint chairs of the council.
3. The council shall meet at least quarterly and shall regularly consult with the advisory committee.
4. The council may consult with any organization, educational institution, or governmental agency, including, but not limited to, the United States Department of Agriculture, the United States Coast Guard, the port authority of New York and New Jersey, the National Invasive Species Council and the New York Ocean and Great Lakes Ecosystem Conservation Council.
5. The role of the council includes, but is not limited to:
(a) from time to time assessing the nature, scope and magnitude of the environmental, ecological, agricultural, economic, recreational, and social impacts caused by invasive species in the state;
(b) from time to time identifying actions taken by members of the council, state and local governments and the public to: prevent the introduction of invasive species; detect and respond rapidly to and control populations of invasive species in a cost-effective and environmentally sound manner; monitor invasive species populations accurately and reliably; provide for restoration of native species and habitat conditions in ecosystems that have been invaded; conduct research on invasive species and develop technologies to prevent introduction; provide for environmentally sound control of invasive species; promote public education on invasive species; and the means to address invasive species;
(c) the development of a "comprehensive plan for invasive species management". Such plan shall address all taxa of invasive species. The comprehensive plan should, at a minimum: recommend interagency responsibilities; describe coordination among different agencies and organizations; recommend approaches to funding invasive species work; address prevention, early detection and rapid response; identify opportunities for control and restoration, including research needs; and describe effective outreach and education. Such plan shall recommend responsibilities for different agencies with the goal of reducing or eliminating, where practicable, contradictory or conflicting policies or programs. Such plan should identify needs for additional staff positions at state agencies and recommend New York state or federal legislation or regulation. Such plan shall place an emphasis on both prevention and early detection and rapid response to prevent future damage. Such plan shall evaluate and incorporate, as appropriate: the approved New York State Aquatic Nuisance Species Management Plan; the Lake Champlain Basin Aquatic Nuisance Species Management Plan; and the Adirondack Park Aquatic Nuisance Species Management Plan;
(d) providing input on funding priorities and grant applications regarding monies made available for the implementation of this title and grants for projects related to the control and management of invasive species, education and outreach efforts, and for projects aimed at the early detection and prevention of invasive species;
(e) organizing and convening a biennial invasive species summit to focus and maintain attention on the state's comprehensive invasive species program;
(f) encouraging industries and trade organizations to develop and adopt voluntary codes of conduct designed to reduce or eliminate the use and distribution of invasive species, reviewing such voluntary codes of conduct and officially recognizing approved codes;
(g) supporting within available funds and encouraging Partnerships for Regional Invasive Species Management in their efforts to address invasive species through coordination, recruitment and training of volunteers, education, early detection, rapid response, eradication, research, and planning;
(h) submitting to the legislature and the governor prior to January first, two thousand ten a report, produced in consultation with the advisory committee, recommending a four-tier system for nonnative animal and plant species. The system shall contain: (i) a list of prohibited species, which should be unlawful to possess, import, purchase, transport, or introduce except under a permit for disposal, control, research, or education; (ii) a list of regulated species which should be legal to possess, sell, buy, and transport but not be introduced into a free-living state; (iii) a list of unregulated species which are nonnative species that should not be subject to regulation; and (iv) a procedure for the review of a nonnative species that is not on the prohibited, regulated, or unregulated lists before the use, distribution or release of such nonnative species. Nothing contained in the report shall have the force of law. The council shall recommend legislation regarding the four-tier system, including penalties for violations of the four-tier system; and
(i) developing recommendations on statutory actions to prohibit, manage and control invasive species.