2023 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.