§ 9-1705 — New York invasive species council

New York § 9-1705

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 17: New York Invasive Species Council
• Art. 9: Lands and Forests

Text

§ 9-1705. New York invasive species council.\n 1. There is hereby established the New York invasive species council.\nSuch council shall consist of a total of nine members and shall include\nthe commissioner, the commissioners of agriculture and markets,\ntransportation, parks, recreation and historic preservation, education,\nthe secretary of state, the chairperson of the New York state thruway\nauthority, the director of the New York state canal corporation, and the\nchairperson of the Adirondack Park agency, or a designee of such\ndepartment, agency or public authority.\n 2. The commissioner of agriculture and markets and the commissioner or\ntheir designees shall serve as joint chairs of the council.\n 3. The council shall meet at least quarterly and shall regularly\nconsult with the advisory committee.\n 4. The council may consult with any organization, educational\ninstitution, or governmental agency, including, but not limited to, the\nUnited States Department of Agriculture, the United States Coast Guard,\nthe port authority of New York and New Jersey, the National Invasive\nSpecies Council and the New York Ocean and Great Lakes Ecosystem\nConservation Council.\n 5. The role of the council includes, but is not limited to:\n (a) from time to time assessing the nature, scope and magnitude of the\nenvironmental, ecological, agricultural, economic, recreational, and\nsocial impacts caused by invasive species in the state;\n (b) from time to time identifying actions taken by members of the\ncouncil, state and local governments and the public to: prevent the\nintroduction of invasive species; detect and respond rapidly to and\ncontrol populations of invasive species in a cost-effective and\nenvironmentally sound manner; monitor invasive species populations\naccurately and reliably; provide for restoration of native species and\nhabitat conditions in ecosystems that have been invaded; conduct\nresearch on invasive species and develop technologies to prevent\nintroduction; provide for environmentally sound control of invasive\nspecies; promote public education on invasive species; and the means to\naddress invasive species;\n (c) the development of a "comprehensive plan for invasive species\nmanagement". Such plan shall address all taxa of invasive species. The\ncomprehensive plan should, at a minimum: recommend interagency\nresponsibilities; describe coordination among different agencies and\norganizations; recommend approaches to funding invasive species work;\naddress prevention, early detection and rapid response; identify\nopportunities for control and restoration, including research needs; and\ndescribe effective outreach and education. Such plan shall recommend\nresponsibilities for different agencies with the goal of reducing or\neliminating, where practicable, contradictory or conflicting policies or\nprograms. Such plan should identify needs for additional staff positions\nat state agencies and recommend New York state or federal legislation or\nregulation. Such plan shall place an emphasis on both prevention and\nearly detection and rapid response to prevent future damage. Such plan\nshall evaluate and incorporate, as appropriate: the approved New York\nState Aquatic Nuisance Species Management Plan; the Lake Champlain Basin\nAquatic Nuisance Species Management Plan; and the Adirondack Park\nAquatic Nuisance Species Management Plan;\n (d) providing input on funding priorities and grant applications\nregarding monies made available for the implementation of this title and\ngrants for projects related to the control and management of invasive\nspecies, education and outreach efforts, and for projects aimed at the\nearly detection and prevention of invasive species;\n (e) organizing and convening a biennial invasive species summit to\nfocus and maintain attention on the state's comprehensive invasive\nspecies program;\n (f) encouraging industries and trade organizations to develop and\nadopt voluntary codes of conduct designed to reduce or eliminate the use\nand distribution of invasive species, reviewing such voluntary codes of\nconduct and officially recognizing approved codes;\n (g) supporting within available funds and encouraging Partnerships for\nRegional Invasive Species Management in their efforts to address\ninvasive species through coordination, recruitment and training of\nvolunteers, education, early detection, rapid response, eradication,\nresearch, and planning;\n (h) submitting to the legislature and the governor prior to January\nfirst, two thousand ten a report, produced in consultation with the\nadvisory committee, recommending a four-tier system for nonnative animal\nand plant species. The system shall contain: (i) a list of prohibited\nspecies, which should be unlawful to possess, import, purchase,\ntransport, or introduce except under a permit for disposal, control,\nresearch, or education; (ii) a list of regulated species which should be\nlegal to possess, sell, buy, and transport but not be introduced into a\nfree-living state; (iii) a list of unregulated species which are\nnonnative species that should not be subject to regulation; and (iv) a\nprocedure for the review of a nonnative species that is not on the\nprohibited, regulated, or unregulated lists before the use, distribution\nor release of such nonnative species. Nothing contained in the report\nshall have the force of law. The council shall recommend legislation\nregarding the four-tier system, including penalties for violations of\nthe four-tier system; and\n (i) developing recommendations on statutory actions to prohibit,\nmanage and control invasive species.\n