NY Env Conserv L § 9-1705 (2021)
2021 New York Laws ENV - Environmental Conservation Article 9 - Lands and Forests Title 17 - New York Invasive Species Council 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.