N.Y. Comp. Codes R. & Regs. tit. 6 § 575.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 575.8 - Exemptions

(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.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 575.8

Adopted, New York State Register September 10, 2014/Volume XXXVI, Issue 36, eff.9/10/2014