N.Y. Comp. Codes R. & Regs. tit. 6 § 575.9

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

Section 575.9 - Invasive species permits

(a) A person may possess, with the intent to sell, import, purchase, transport or introduce, a prohibited invasive species if the person has been issued a permit by the department for research, education, or other approved activity, under this Part.

(b) A person may only introduce a regulated invasive species into a free-living state if the person is issued a permit under this section expressly authorizing such introduction.

(c)Written application required.

(1) Applications for permits under this chapter shall be submitted in writing to the department on forms available from the department. The application shall include:

(i) the name and quantity or number of invasive species specimens for which a permit is sought;

(ii) whether the permit is sought for research, education, or other activity;

(iii) a description of other relevant permits, approvals or licenses of the applicant;

(iv) the applicant's purpose or reason for seeking the permit; and

(v) other relevant information, including control and disposal measures.

(2) The department may request additional information including, but not limited to: location or storage area of the invasive species, or how it will be kept or stored to prevent spreading into the wild, how it will be disseminated, and how it will be destroyed once the applicant is done using them.

(3) The department shall act on complete permit applications within 45 days following receipt of the application.

(d)Approval criteria.

The department shall review permit applications to determine whether all of the following criteria are met.

(1) The applicant is knowledgeable in the proper handling, control, and disposal of the invasive species.

(2) The applicant has an adequate site or facility for containment of the invasive species.

(3) The applicant has demonstrated to the department's satisfaction that permitted activities will not cause significant ecologic or economic harm or harm to human health.

(4) The applicant has complied with the conditions of any previous department permits issued under this Chapter.

(5) The department accepts proposed disposal methods and protocols which will render the invasive species non-viable and will prevent the introduction and spread of the invasive species.

(e)Issuance and conditions.

(1) If the department determines that there is significant public interest, it may hold a public information hearing on a permit application before acting on the application.

(2) An applicant meeting the approval criteria may be issued a permit subject to conditions the department considers reasonable.

(f)Records and reporting.

(1) Each permittee shall keep a current, correct and complete record of all permit activities as required by the department, on forms available from the department. Permit records may be inspected and copied by the department at any time. Copies of records shall be provided to the department upon request.

(g)Permit transfer; alterations.

(1) Unless expressly provided by the terms of the permit or by subsequent written approval of the department, permits issued under this Part are not transferable. No person shall alter or deface a permit issued under this Part.

(h)Other permits or approvals.

(1) A person who holds a permit or approval issued by the department under another regulation or a statute, other than a license or permit or order issued by the department pursuant to section 9-1709 of the Environmental Conservation Law or pursuant to the provisions of this Part, is not required to hold a permit under this Part for disposal, control, research or education involving a prohibited or regulated invasive species if the department determines that the following apply:

(i) the permit or approval expressly authorizes the disposal, control, research or education activity involving a prohibited or regulated invasive species;

(ii) the permit or approval includes legally enforceable requirements that are at least equivalent to those that would be contained in a permit issued by the department under this Part; and

(iii) the person is not in violation of the permit or approval.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 575.9

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