New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter C - Invasive Species › Part 575 › Section 575.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following words and terms shall
					 be defined as follows:
(a)
Animal
means all vertebrate and invertebrate species, in any
				  stage of development, including but not limited to mammals, birds, reptiles,
				  amphibians, fish, mollusks, arthropods, insects, and their eggs, larvae or
				  young, but excluding humans.
(b)
Certificate of inspection
means a valid form certifying the
				  eligibility of regulated invasive species for intrastate movement under the
				  requirements of this Part.
(c)
Commissioner
means the commissioner of the Department of
				  Environmental Conservation as well as meaning the commissioners designated
				  agent.
(d)
Compliance
				  agreement
means an approved document, executed by persons or firms,
				  covering the restricted movement, processing, handling, or utilization of
				  regulated invasive species.
(e)
Container
means any object used to contain, store or transport
				  products.
(f)
Control
means, as appropriate, eradicating, suppressing,
				  reducing, or managing invasive species populations, preventing spread of
				  invasive species from areas where they are present, and taking steps such as
				  restoration of native species and habitats to reduce the effects of invasive
				  species and prevent further invasions.
(g)
Cultivar
means a plant,
				  or group of plants, of any species selected for desirable characteristics under
				  cultivation, and may also be referred to as variety.
(h)
Department
means the New
				  York State Department of Environmental Conservation.
(i)
Disposal
means the
				  discharge, deposit, dumping or placing of any invasive species into or on any
				  land or water in a manner that prevents the establishment, introduction or
				  spread of the disposed species.
(j)
Ecosystem
means the complex of a community of organisms and
				  its environment functioning as an interactive unit.
(k)
Education
means for the
				  purpose of instruction or training.
(l)
Environmental Notice Bulletin
				  (ENB)
means the publication of the department published pursuant to
				  section 3-0306  of the Environmental Conservation
				  Law, accessible on the departments internet website at
http://www.dec.ny.gov.
(m)
Free-living State
means
				  unconfined and outside the control of a person, and in the case of animals
				  other than fish, includes the ability to fly, walk, or swim outside of human
				  control.
(1) Invasive species found or placed
				  in the following locations shall be considered to be a free-living state:
(i) lands identified as public
				  lands;
(ii) lands that are
				  continually or intermittently connected to public lands;
(iii) natural areas;
(iv) waters identified as public
				  waters;
(v) waters that are
				  continually or intermittently connected to public waters; or
(vi) water-using facilities, such as fish
				  hatcheries, aquatic farms, zoos, and minnow retail or wholesale operations,
				  with outflows that provide direct access for species to enter public
				  waters.