About NYS Invasive Species Council Law

NOTE: THE FINAL REPORT: A REGULATORY SYSTEM FOR NON-NATIVE SPECIES WAS SUBMITTED TO THE LEGISLATURE BY THE INVASIVE SPECIES COUNCIL IN JUNE 2010 WITH RECOMMENDATIONS TO AMEND THE STATUTE.

NYS Invasive Species List Report

New York State’s Environmental Conservation Law Title 17 of Article 9 - Lands and Forests, unanimously approved by the legislature and signed by the governor in 2008, establishes a nine agency Invasive Species Council. The Council coordinated by the Department of Agriculture and Markets and the Department of Environmental Conservation commissioners, is to identify actions, where appropriate, to prevent the introduction of invasive species, detect, monitor, and manage invasive species populations, restore native species, conduct research on invasive species and promote public education on invasive species. In addition, the statute directs the Council to establish an Invasive Species Advisory Committee which shall provide information, advice, and guidance to the Council, including assistance with the development of the four-tier classification system for nonnative species.

The Definitions section of the law defines the meaning for ten terms used in the text of Title 17, including:

“"Ecosystem" means the complex of a community of organisms and its environment.”

“"Invasive species" means a species that is: (a) nonnative to the ecosystem under consideration; and (b) whose introduction causes or is likely to cause economic or environmental harm or harm to human health. For the purposes of this paragraph, the harm must significantly outweigh any benefits.”

Section 9-1705 (h) of the law charges the Council to submit to the legislature, and the governor, prior to 1 January 2010, a report, produced in consultation with the Advisory Committee, recommending a four-tier system for nonnative animal and plant species. The system shall contain:

  1. 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;
  2. A list of regulated species which should be legal to possess, sell, buy, and transport but not be introduced into a free-living state;
  3. A list of unregulated species which are nonnative species that should not be subject to regulation; and
  4. 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 may recommend legislation with recommendations for legislation regarding the four-tier system, including penalties for violations of the four-tier system.

 

The St. Louis Declaration On Invasive Plant Species

Codes of Conduct
This landmark three-day gathering yielded the Saint Louis Declaration, which consists of two major components:

  1. Overarching Findings and Principles that frame the invasive species problem and present the underlying basis for successful efforts to address it; and,
  2. Draft Voluntary Codes of Conduct that help govern decisions made by commercial, professional and government groups whose actions affect the spread of invasive plant species including government agencies, nursery professionals, the gardening public, landscape architects and botanic gardens and arboreta.

Learn More about this Declaration »

 

Websites for more information:

Laws of New York

New York State Department of Agriculture and Markets

Cooperative Agricultural Pest Survey

New York State Department of Environmental Conservation

Ecological Communities of New York State (Edinger et al. 2002)

Nature Explorer: A Gateway to New York's Biodiversity

Learn More about NY State's animals, plants & natural communities.

New York Invasive Species Information

The New York Invasive Species Clearinghouse

Non-Native Plant Species Invasiveness Assessment