2021 New York Laws
ENV - Environmental Conservation
Article 9 - Lands and Forests
Title 17 - New York Invasive Species Council
9-1709 - General Powers and Duties of the Department.

§ 9-1709. General powers and duties of the department.
  1.  The  department, in cooperation with the department of agriculture
and markets, shall restrict the sale, purchase, possession, propagation,
introduction, importation, transport and disposal  of  invasive  species
pursuant   to  this  section.  The  department  and  the  department  of
agriculture and markets in consultation with the council,  shall,  after
public hearing, promulgate joint regulations to develop:
  (a)  a  permit  for prohibited species disposal, control, research and
education;
  (b) a list of prohibited species, which shall be unlawful to knowingly
possess  with  the  intent  to  sell,  import,  purchase,  transport  or
introduce;
  (c)  a  list  of prohibited species which shall be unlawful to import,
sell, purchase, propagate, transport, or introduce except under a permit
for disposal, control, research, or education; and
  (d) a list of regulated species which shall be legal to possess, sell,
buy, propagate and transport but may not be knowingly introduced into  a
free-living  state or introduced by a means that one knew or should have
known would lead to the introduction into a free-living state.
  As part of the regulatory process, the  departments  and  the  council
shall  consider  establishing grace periods for prohibited and regulated
species so businesses can plan the management of existing stock.
  2. For the purpose of carrying out the provisions of this  title,  the
department in cooperation with the department of agriculture and markets
shall have the authority, within funds available, to:
  (a)   establish,   operate   and  maintain  state-wide  databases  and
clearinghouses  for  all  taxa  of  invasive  species  that  incorporate
existing  data  from agencies and organizations in the state, as well as
from nearby states, provinces, Canada, and the federal government.  Such
databases and clearinghouses may provide the aggregate data on-line in a
GIS;
  (b)  coordinate  state  agency  and public authority actions to do the
following:
  (i) phasing out uses of invasive species;
  (ii) expanding use of native species;
  (iii) promoting private and local government use of native species  as
alternatives to invasive species; and
  (iv)  wherever  practical  and  where consistent with watershed and/or
regional invasive species management  plans,  prohibiting  and  actively
eliminating invasive species at project sites funded or regulated by the
state; and
  (c) in collaboration with the council, aid in the review and reform of
relevant  regulatory  processes to remove unnecessary impediments to the
restoration of invaded ecosystems.