Regulations

See below for an overview of Federal and State invasive species regulations.

Federal Regulations: This page details the federal regulations such as members and background on the National Invasive Species Council, policies, and publications about aquatic nuisance species.

NYS Regulations: This page includes background information about the need for invasive species regulations in New York State, the New York State Invasive Species Council, the New York State Department of Environmental Conservation’s Bureau of Invasive Species and Ecosystem Health and contract partners funded by the state.

Regulated Species in New York (Part 575 Species)
In 2015, a NYS Regulation 6 NYCRR Part 575 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.

Category

Regulations

Aquatic Invasive Species: Recreational Activities

Aquatic Nuisance Species Task Force, November 2013

In July 2011, the Aquatic Nuisance Species Task Force (ANSTF) re-established the Recreational Guidelines Committee, composed of 55 Federal and State agency, non-profit and industry representatives. The Committee’s mission is to update the 2000 ANSTF Recommended Voluntary Guidelines for Preventing the Spread of Aquatic Nuisance Species Associated with Recreational Activities (Federal Register/ Vol. 65, No. 76/ Thursday, April 13, 2000/ Notices, Pg. 19953). Those guidelines were revised taking into account new aquatic invasive species (AIS), and new recreational activities and equipment. Guidelines were revised for six recreational activities: anglers, motor boaters, non-motorized boaters, scuba divers and snorkelers, seaplane pilots, and waterfowl hunters.

The purpose of these guidelines is to:

  • Provide a consistent, practical, and effective document to inform outreach efforts geared toward public recreationists to prevent the spread of AIS
  • Take into account the specific pathways, vectors, and life histories of all AIS, including fish, aquatic plants, invertebrates, and pathogens
  • Promote voluntary actions to support the national Stop Aquatic Hitchhikers!™ campaign.

Aquatic Invasive Species: Water Gardening

Aquatic Nuisance Species Task Force, September 2013

Water gardens, or aquatic gardens, generally are designed to house and display aquatic plants and fish. They range in size from small patio container gardens to large ponds, both natural and human-made. Despite their beauty, water gardens can lead to introductions of invasive plants and animals into natural waterways. The Recommended Voluntary Guidelines for Preventing the Introduction and Spread of Aquatic Invasive Species:Water Gardening is available for reference to avoid introducing and/or spreading aquatic invasive species.

ISAC Invasive Species Definitions and Guidance

Executive Order 13112 Ð defines an invasive species as “an alien species whose introduction does or is likely to cause economic or environmental harm or harm to human health.”

Some non-native species, for example West Nile virus, are considered invasive and undesirable by virtually everyone. Other non-native species are not as easily characterized. For example, some are considered harmful, and therefore, invasive by some sectors of society while other sectors consider those species to be beneficial. This discontinuity is reflective of the different value systems operating in our free society, and contributes to the complexity of defining the term invasive species. These uncertainties have stood and could continue to stand in the way of progress in actions and policy development to prevent new invasions and manage existing invasive species. In 2006, the federal Invasive Species Advisory Committee submitted to the National Invasive Species Council an Invasive Species Definitions and Guidance white paper that provides a non-regulatory policy interpretation of the term invasive species. The white paper identifies what is meant, and just as important, what is not meant by invasive species. The discussion applies equally to all taxa of invasive species in all habitats and provides insight into those areas where societal judgments will be necessary to implement effective invasive species public policy.

NISC Pathways Report and Ranking Guide 2005

Action Item #16 of the 2001 Management Plan called on Federal agencies to undertake measures to interdict pathways that are recognized as significant sources for the unintentional introduction of invasive species. NISC was charged with implementing a system for evaluating invasive species pathways. In response, the Pathways Work Team was tasked with developing a guide and process for invasive species pathway definition, analysis and prioritization, and identifying, describing in reasonable detail, and ranking those pathways that it believes are the most significant. In 2005, the Team produced the “Pathways Work Team Focus Group Conference Report and Ranking Guide.” The report discusses the most useful tools, methods, and monitoring systems for identifying pathways, including emerging or changing pathways, and for intervening and stopping introductions most efficiently.

The National Invasive Species Management Plan – 2008

Secretary of the Interior Dirk Kempthorne convened the National Invasive Species Council (NISC) in 2008 to oversee the adoption of the new National Invasive Species Management Plan (2008-12). The plan was developed collaboratively with 13 federal departments and agencies and their partners. Federal expenditures on invasive species were estimated to exceed $1.3 billion annually. The plan is the culmination of an extensive process of expert review, and public comment.

The report discusses the most useful tools, methods, and monitoring systems for identifying pathways, including emerging or changing pathways, and for intervening and stopping introductions most efficiently.