N.Y. Environmental Conservation Law § 9-1705: New York invasive species council

§ 9-1705. New York invasive species council.

1. There is hereby established the New York invasive species council.

Such council shall consist of a total of nine members and shall include

the commissioner, the commissioners of agriculture and markets,

transportation, parks, recreation and historic preservation, education,

the secretary of state, the chairperson of the New York state thruway

authority, the director of the New York state canal corporation, and the

chairperson of the Adirondack Park agency, or a designee of such

department, agency or public authority.

2. The commissioner of agriculture and markets and the commissioner or

their designees shall serve as joint chairs of the council.

3. The council shall meet at least quarterly and shall regularly

consult with the advisory committee.

4. The council may consult with any organization, educational

institution, or governmental agency, including, but not limited to, the

United States Department of Agriculture, the United States Coast Guard,

the port authority of New York and New Jersey, the National Invasive

Species Council and the New York Ocean and Great Lakes Ecosystem

Conservation Council.

5. The role of the council includes, but is not limited to:

(a) from time to time assessing the nature, scope and magnitude of the

environmental, ecological, agricultural, economic, recreational, and

social impacts caused by invasive species in the state;

(b) from time to time identifying actions taken by members of the

council, state and local governments and the public to: prevent the

introduction of invasive species; detect and respond rapidly to and

control populations of invasive species in a cost-effective and

environmentally sound manner; monitor invasive species populations

accurately and reliably; provide for restoration of native species and

habitat conditions in ecosystems that have been invaded; conduct

research on invasive species and develop technologies to prevent

introduction; provide for environmentally sound control of invasive

species; promote public education on invasive species; and the means to

address invasive species;

(c) the development of a "comprehensive plan for invasive species

management". Such plan shall address all taxa of invasive species. The

comprehensive plan should, at a minimum: recommend interagency

responsibilities; describe coordination among different agencies and

organizations; recommend approaches to funding invasive species work;

address prevention, early detection and rapid response; identify

opportunities for control and restoration, including research needs; and

describe effective outreach and education. Such plan shall recommend

responsibilities for different agencies with the goal of reducing or

eliminating, where practicable, contradictory or conflicting policies or

programs. Such plan should identify needs for additional staff positions

at state agencies and recommend New York state or federal legislation or

regulation. Such plan shall place an emphasis on both prevention and

early detection and rapid response to prevent future damage. Such plan

shall evaluate and incorporate, as appropriate: the approved New York

State Aquatic Nuisance Species Management Plan; the Lake Champlain Basin

Aquatic Nuisance Species Management Plan; and the Adirondack Park

Aquatic Nuisance Species Management Plan;

(d) providing input on funding priorities and grant applications

regarding monies made available for the implementation of this title and

grants for projects related to the control and management of invasive

species, education and outreach efforts, and for projects aimed at the

early detection and prevention of invasive species;

(e) organizing and convening a biennial invasive species summit to

focus and maintain attention on the state's comprehensive invasive

species program;

(f) encouraging industries and trade organizations to develop and

adopt voluntary codes of conduct designed to reduce or eliminate the use

and distribution of invasive species, reviewing such voluntary codes of

conduct and officially recognizing approved codes;

(g) supporting within available funds and encouraging Partnerships for

Regional Invasive Species Management in their efforts to address

invasive species through coordination, recruitment and training of

volunteers, education, early detection, rapid response, eradication,

research, and planning;

(h) submitting to the legislature and the governor prior to January

first, two thousand ten a report, produced in consultation with the

advisory committee, recommending a four-tier system for nonnative animal

and plant species. The system shall contain: (i) a list of prohibited

species, which should be unlawful to possess, import, purchase,

transport, or introduce except under a permit for disposal, control,

research, or education; (ii) a list of regulated species which should be

legal to possess, sell, buy, and transport but not be introduced into a

free-living state; (iii) a list of unregulated species which are

nonnative species that should not be subject to regulation; and (iv) a

procedure for the review of a nonnative species that is not on the

prohibited, regulated, or unregulated lists before the use, distribution

or release of such nonnative species. Nothing contained in the report

shall have the force of law. The council shall recommend legislation

regarding the four-tier system, including penalties for violations of

the four-tier system; and

(i) developing recommendations on statutory actions to prohibit,

manage and control invasive species.