Oct 23, 2013

NYS DEC publishes proposed rules on Prohibited and Regulated Invasive Species

23 October 2013 - Albany

PROPOSED REGULATION:  6 NYCRR Part 575 Prohibited and Regulated Invasive Species

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 proposed regulations were developed by the Department Of Environmental Conservation, in cooperation with the Department of Agriculture and Markets. These regulations, once implemented, 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 proposed regulations include a list of prohibited species which shall be unlawful to knowingly possess with the intent to sell, import, purchase, transport or introduce; a list of regulated species which shall be 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.

Details of the rule development process and public participation process:

The Department filed a Proposed Rule Making with the Department of State to amend 6 NYCRR by promulgating a new Part 575 pertaining to invasive species. The proposed regulations will be published in the State Register on October 23, 2013. A sixty day public comment period will begin on October 23, 2013 and continue through December 23, 2013. Public hearings will be held at four locations across New York State.

For details on the rule making process, please visit the DEC website at: http://www.dec.ny.gov/regulations/2359.html

A list of non-native animal risk assessments can be found on the NY Invasive Species Clearinghouse website on its Non-Native Animal Species Invasiveness Assessment page.

A list of non-native plant risk assessments can be found on the NY Invasive Species Clearinghouse website on its Non-Native Plant Species Invasiveness Assessment page