N.Y. Environmental Conservation Law § 9-1301: White pine blister rust and currant rust

§ 9-1301. White pine blister rust and currant rust.

For the purpose of suppressing and controlling white pine blister rust

and currant rust (Cronartium ribicola), the following provisions shall

apply:

1. Certain cultivars of black currant declared a public nuisance.

Unless otherwise provided for by this section, the planting, growing,

propagating, cultivating, or selling plants, roots, or cuttings of any

species of cultivated black currants (Ribes nigrum) other than cultivars

that are immune or resistant to white pine blister rust or currant rust

is hereby prohibited in this state; provided, however, that the

planting, growing, propagating, cultivating, or selling plants, roots or

cuttings of any species of cultivated black currants is authorized in

all fruiting currant districts or potentially fruiting currant

districts. Such unauthorized bushes, roots, cuttings, or plants may be

destroyed by the agents of the department.

2. Fruiting currant districts and potential fruiting currant districts

defined. Districts where the growing of all species of currants,

including black currants, for the production of fruit is carried on and

is a commercial enterprise or a potentially important commercial

enterprise shall be determined and designated as "fruiting currant

districts" or "potential fruiting currant districts", and in such

districts the provisions of subdivision three of this section shall

apply. The location and extent of such districts shall be determined by

the department and the state department of agriculture and markets.

3. No measures for the control of white pine blister rust shall be

undertaken by the department within the boundaries of designated

fruiting currant districts or potential fruiting currant districts.

4. Control measures outside of fruiting currant districts or potential

fruiting currant districts. Whenever such action is desirable as a means

of controlling white pine blister rust or currant rust, the department

or its duly authorized agents may eradicate any unauthorized plants of

the genus Ribes (currants and gooseberries), either wild or cultivated,

except within nurseries which are annually certified by the state

department of agriculture and markets to be free from disease. Owners

shall remove from their lands, subject to the direction and the approval

of the duly authorized agents of the department, the plants of the genus

Ribes within a distance of not more than 900 feet of the white pine on

the land of adjoining owners who have protected their white pine from

white pine blister rust. If any owner, upon not less than thirty days'

notice in writing, fails to destroy unauthorized Ribes on his or her

property as provided in this subdivision, the commissioner may cause

such plants to be destroyed, and the expense of such work shall be a

charge against the owner, which shall constitute a lien upon the land.

5. Quarantine regulations. The department shall have the authority, by

order, to establish quarantine districts in any part or parts of the

state. In such districts, it may prohibit the possession of any

five-leafed pine trees or plants of the genus Ribes (currants and

gooseberries), or so much thereof as is deemed necessary. It may also

prohibit the transportation of any plants, roots, or cuttings of the

genus Ribes (currants and gooseberries) from or to any quarantine

district within the state, or from any diseased area or locality in

which the disease exists outside of the state to any point within the

state. Such prohibitions shall be effective on and after the tenth day

from the date of the order made with respect thereto. On the making of

such order, the department shall cause a certified copy of the same to

be filed in the office of the clerk of each county affected by such

quarantine and shall give such other notice thereof as it may deem

necessary. The provisions of this subdivision shall not apply to

undiseased cultivated plants or to the fruit of diseased plants of the

genus Ribes (currants and gooseberries) included within fruiting currant

districts or potential fruiting currant districts or to the merchantable

contents of any pine trees; provided that any diseased part thereof is

first destroyed.

6. Diseased trees or plants defined. A plant of the genus Ribes which

is visibly infected by Cronartium ribicola or any five-leafed pines upon

which white pine blister rust has been found growing shall be construed

to be and be, within the meaning of this section only, a diseased plant,

and, as such, may be destroyed without compensation under the provisions

of this section.

7. Authority to eradicate and compensation. Agents or employees of the

department may enter upon any land to carry out the provisions of this

section if proper precautionary measures are taken by them to prevent

the spread of this disease, and no action for trespass shall lie

therefor. Fair compensation shall be allowed for all undiseased trees or

undiseased cultivated Ribes destroyed, except for prohibited varieties

of cultivated black currants (Ribes nigrum) located outside of a

fruiting currant district or potential fruiting currant district. No

compensation shall be paid by the state for any species of Ribes

destroyed in connection with the establishment of a Ribes-free zone

around commercial nurseries, but fair compensation for such Ribes must

be paid by the person owning or operating the nursery protected by such

destruction of bushes. The rate of fair compensation shall be determined

by the commissioner of agriculture and markets or a committee appointed

by him or her. If the commissioner of agriculture and markets determines

to appoint a committee for the purpose of making such determination,

such committee shall be appointed prior to May 1 in each year.