§ 9-1709 — General powers and duties of the department

§ 9-1709. General powers and duties of the department.\n 1. The department, in cooperation with the department of agriculture\nand markets, shall restrict the sale, purchase, possession, propagation,\nintroduction, importation, transport and disposal of invasive species\npursuant to this section. The department and the department of\nagriculture and markets in consultation with the council, shall, after\npublic hearing, promulgate joint regulations to develop:\n (a) a permit for prohibited species disposal, control, research and\neducation;\n (b) a list of prohibited species, which shall be unlawful to knowingly\npossess with the intent to sell, import, purchase, transport or\nintroduce;\n (c) a list of prohibited species which shall be unlawful to import,\nsell, purchase, propagate, transport, or introduce except under a permit\nfor disposal, control, research, or education; and\n (d) a list of regulated species which shall be legal to possess, sell,\nbuy, propagate and transport but may not be knowingly introduced into a\nfree-living state or introduced by a means that one knew or should have\nknown would lead to the introduction into a free-living state.\n As part of the regulatory process, the departments and the council\nshall consider establishing grace periods for prohibited and regulated\nspecies so businesses can plan the management of existing stock.\n 2. For the purpose of carrying out the provisions of this title, the\ndepartment in cooperation with the department of agriculture and markets\nshall have the authority, within funds available, to:\n (a) establish, operate and maintain state-wide databases and\nclearinghouses for all taxa of invasive species that incorporate\nexisting data from agencies and organizations in the state, as well as\nfrom nearby states, provinces, Canada, and the federal government. Such\ndatabases and clearinghouses may provide the aggregate data on-line in a\nGIS;\n (b) coordinate state agency and public authority actions to do the\nfollowing:\n (i) phasing out uses of invasive species;\n (ii) expanding use of native species;\n (iii) promoting private and local government use of native species as\nalternatives to invasive species; and\n (iv) wherever practical and where consistent with watershed and/or\nregional invasive species management plans, prohibiting and actively\neliminating invasive species at project sites funded or regulated by the\nstate; and\n (c) in collaboration with the council, aid in the review and reform of\nrelevant regulatory processes to remove unnecessary impediments to the\nrestoration of invaded ecosystems.\n