(a)Notwithstanding the requirements of section 1455 of this title, the Secretary may issue an aquatic species rapid response general permit under this section for a term not to exceed ten years for the control of a nonindigenous new aquatic species. This general permit shall identify the control technique, including the use of biological controls, pesticides, and any other control techniques for the nonindigenous new aquatic species for which coverage may be sought under the permit.
(b)Applications for coverage under this general permit shall be limited to the Commissioner of Environmental Conservation and the Commissioner of Fish and Wildlife. The application shall state the grounds for declaring an emergency situation as defined in subsection (f) of this section. The application shall
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(a) Notwithstanding the requirements of section 1455 of this title, the Secretary may issue an aquatic species rapid response general permit under this section for a term not to exceed ten years for the control of a nonindigenous new aquatic species. This general permit shall identify the control technique, including the use of biological controls, pesticides, and any other control techniques for the nonindigenous new aquatic species for which coverage may be sought under the permit.
(b) Applications for coverage under this general permit shall be limited to the Commissioner of Environmental Conservation and the Commissioner of Fish and Wildlife. The application shall state the grounds for declaring an emergency situation as defined in subsection (f) of this section. The application shall identify the nonindigenous new aquatic species and control techniques selected to respond to the emergency.
(c) When an application is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title.
(d) The Secretary may issue an authorization under an aquatic species rapid response general permit only when the Secretary finds:
(1) that an emergency exists; and
(2) that the proposed control technique meets the requirements of the general permit and is acceptable when considering the emergency situation.
(e) Authorization to act under the terms of a general permit issued under this section shall not exceed three years.
(f) Prior to determining that a nonindigenous new aquatic species emergency exists, the Secretary shall consider the following factors:
(1) the likelihood that the nonindigenous new aquatic species will cause harm to human health, safety, or the environment;
(2) the likelihood that the nonindigenous new aquatic species will cause significant harm to the economy;
(3) the magnitude of the potential adverse impact of the nonindigenous new aquatic species upon public health, safety, the environment, native biodiversity, water bodies, outdoor recreation, or any other use of the State’s water resources;
(4) the likelihood that the nonindigenous new aquatic species would naturalize in the State if not immediately controlled;
(5) the rate at which the invasion would spread throughout the State; and
(6) the difficulty to control the spread of the nonindigenous new aquatic species in the State. (Added 2009, No. 46, § 1, eff. July 1, 2010; amended 2015, No. 150 (Adj. Sess.), § 22, eff. Jan. 1, 2018.)