New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter C - Invasive Species › Part 575 › Section 575.8 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Compliance
				  with the provisions of this Part do not apply to:
(1) a person who possesses, imports, sells,
				  purchases, propagates, transports, or introduces a prohibited invasive species
				  or regulated invasive species, if the department determines that the
				  possession, sale, importation, purchase, transportation, or introduction was
				  incidental or unknowing, and was not due to the person's failure to take
				  reasonable precautions;
(2) a
				  person who possesses or transports a prohibited or regulated invasive species
				  for the purposes of control or management of that existing invasive species
				  that was not introduced due to the person's failure to take reasonable
				  precautions;
(3) a person who
				  possesses or transports a prohibited invasive species or regulated invasive
				  species for the purpose of identification or disposal;
(4) a person who possesses, sells, imports,
				  purchases, transports, or introduces a plant cultivar whose parent species is a
				  prohibited invasive species or regulated invasive species, for which the
				  department determines:
(i) that the primary
				  means of reproduction of the cultivar's parent species is sexual, not
				  vegetative; and
(ii) that the
				  cultivar and its offspring do not revert to express the invasive
				  characteristics of the parent species, including:
(a) the cultivar is completely sterile or has
				  no reproductive parts; or
(b)
				  demographic modeling predicts that the cultivar is unable to establish
				  expanding populations in natural areas;
(iii) the department will publish a list of
				  cultivars meeting the criteria of this subparagraph in the
State
				  Register
and
Environmental Notice Bulletin
. Only
				  cultivars listed pursuant to this section are eligible for this
				  exemption;
(5) a person
				  who is authorized by permit issued by the department or Department of
				  Agriculture and Markets to possess, sell, import, purchase, transport or
				  introduce a species for disposal, control, research, or education, but the
				  species shall not be introduced into a free-living state unless explicitly
				  authorized by permit pursuant to section
				  575.9  of
				  this Part;
(6) a person operating
				  under a compliance agreement, limited permit, or certificate of inspection
				  pertaining to a prohibited or regulated invasive species, issued by the
				  department, Department of Agriculture and Markets and/or the USDA Animal and
				  Plant Health Inspection Service;
(7) a person to whom a permit has been issued
				  by the department or the Department of Agriculture and Markets for importation,
				  transport, distribution or release of a pest or biological control agent that
				  is a listed or designated prohibited invasive species or regulated invasive
				  species;
(8) wetland plant species
				  associated with a vegetation treatment unit used in a wastewater treatment
				  facility authorized by a department permit prior to the adoption of this
				  Part.