Frequently Asked Questions

Download the full-color booklets, list of species, and frequently asked questions related to the Part 575 Prohibited and Regulated species.

NYS Part 575 Prohibited and Regulated Animals

NYS Part 575 Prohibited and Regulated Plants

Part 575 list of regulated and prohibited species and FAQ

 

What are invasive species?

Invasive species means a species that is nonnative to a particular ecosystem, and whose introduction causes or is likely to cause economic or environmental harm or harm to human health.

 

Why are invasive species a problem?

Invasive species can harm natural communities and systems (plants and animals found in particular physical environments) by out-competing native species, reducing biological diversity, altering community structure and, in some cases, changing ecosystems. Invasive species threaten New York’s food supply, not only agriculture but also harvested wildlife, fish and shellfish; our landscaping, parks, gardens, and pets; and our recreation resources and even animal and human health. All New Yorkers have a stake in the invasive species issue.

 

How will these regulations help?

These regulations are to help control invasive species by reducing the introduction and spread of them by limiting commerce in such species. By preventing introduction of new invasive species, New York will save time, effort, and money in the future.

 

How were the lists included in the regulations developed?

The lists of prohibited and regulated species were developed using the species assessment and listing process outlined in the 2010 report, “A Regulatory System for Non-Native Species.”

 

When will the regulations be implemented?

The final regulations (or a summary) were published in the State Register September 10, 2014, they become effective 6 months thereafter.

 

What is the difference between prohibited and regulated invasive species?

Prohibited invasive species cannot be knowingly possessed with the intent to sell, import, purchase, transport or introduce. In addition, no person shall sell, import, purchase, transport, introduce or propagate prohibited invasive species. Regulated invasive species, on the other hand, are species which cannot be knowingly introduced into a free-living state, or introduced by a means that one should have known would lead to such an introduction, although such species shall be legal to possess, sell, buy, propagate and transport.

 

What species have grace periods established in the regulations?

A one-year grace period is included in the regulations for Japanese Barberry (Berberis thunbergii), during which existing stock of this species may be sold.

 

Who will enforce the regulations?

The regulations will be enforced by the Department of Environmental Conservation, with assistance from the Department of Agriculture and Markets.

The rules may be viewed by visiting the NYS DEC  Division of Lands and Forests regulations web page.  Also see the New York State Register Notice of Adoption below.

Division of Lands and Forests Regulations

New York State Register, September 10 2014, Part 575 Notice of Adoption