Thursday, November 7, 2013

DEC Proposes New Invasive Species Rule

invasive_curveThe New York State Department of Environmental Conservation (DEC) is seeking comments on new regulations (6 NYCRR Part 575) entitled “Prohibited and Regulated Invasive Species”. These regulations, once implemented, are expected to help control invasive species by reducing the introduction of new invasives and limiting the spread of existing invasives.

The proposed regulations include a list of prohibited species which shall be unlawful to knowingly possess with the intent to sell, import, purchase, transport or introduce; a list of regulated species which shall be legal to possess, sell, purchase, propagate and transport but may not be knowingly introduced into a free-living state; and require a permit for research, education and other approved activities involving prohibited species and release of regulated species.

The regulations also specify the criteria used in making such classifications and a means for future classification of species. The proposed regulations also establish grace periods for certain prohibited species to allow businesses to plan the management of existing stock. Individual species assessments can be found online.

The Department filed a Proposed Rule Making with the Department of State to amend 6 NYCRR by promulgating a new Part 575 pertaining to invasive species. A sixty day public comment period began on the day the proposed regulations were published in the State Register (October 23, 2013). Public comments will be accepted through December 23, 2013. Public hearings will be held at four locations across New York State as follows:

Buffalo Tuesday December 10, 2013 at 2:00
DEC Region 9 Headquarters, First Floor Conference Room
270 Michigan Avenue
Buffalo, NY 14203

Syracuse Wednesday December 11, 2013 at 2:00
State Fairgrounds, Martha Eddy Room
581 State Fair Blvd
Syracuse, NY 13209

Albany Monday December 16 at 3:00
DEC Central Office, Public Assembly Room (Floor 1)
625 Broadway
Albany, NY 12233

Long Island Tuesday December 17 at 2:00
State University of NY at Stony Brook
DEC Region 1 Headquarters, Basement Conference Room
50 Circle Rd
Stony Brook, NY 11790

Agency staff will be available one half hour before the start of the hearings to answer questions.

Public comments on the proposed rule should be sent to Leslie Surprenant, NYS DEC, Invasive Species Coordination Unit, 625 Broadway, Floor 5, Albany, NY 12233 or email

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8 Responses

  1. George L says:

    Can you provide a web link to DEC’s proposed regulations?

  2. Bill Ott says:

    When I saw this article this morning, I thought “wow!”. I had just spent 2 weeks in the 5-Ponds wilderness and along the Robinson River. Before leaving for the woods, I thought I’d spend an hour or so boning up on invasive species. Spent a whole day, ending up with laminated sheets on 8 species. They did not help me much (the weather, lateness of the season, my inexperience)
    I found the regulation easily enough this AM, but oh boy you practically need a botany degree to read it. I felt like I had been run over by a tank.
    My point is, the people who read this almanack are the people who go into the woods. I and maybe some others would like some kind of practical guide for identifying these species, some of which can be carried by the wind to places that are not often visited. Perhaps this information is already out there, but I think I would have come across it by now.
    Thankyou, Bill Ott

    • David says:

      The easiest way to spot a number of terrestrial invasives is to wait for them to flower. Here in CNY purple loostrife will bloom a distinctive purple in the late summer. Find a specimen and look at it while reading a description. Notice what every word means. A square stem, alternate leaves etc. You can get a much deeper understanding, and even though the trait you used to originally ID is temporary what you learn will help you ID it the rest of the year. Then practice year round. You’ll be a master in a few seasons.

    • Avon says:

      … and I thought it was just me.

      Yes, the article here says only “Hey, there is news.”
      So, like George L, I asked myself, “OK, what is it?”

      Yes, the regulations are huge and heavy.
      So, like Bill Ott, I asked myself, “What’s this all mean?”

      Bottom line is, we need someone to report on the news.
      Like, an article telling us what the key points are, what they mean, and what might come of it.

      We’re back to square zero, folks!

      • Bill Ott says:

        I have to listen to John Warren. I have been sucking the life out of the almanack for a year now. Don Crane has suggested that I offer something. I have not felt qualified. However, I cannot keep taking without giving. Where else can one say so freely what one thinks without even thinking? So soon I am going to offer something, and if it gets offed, at least I tried.
        Bill Ott

    • Hilary Smith says:

      Hi Bill,

      The Adirondack Park Invasive Plant Program (APIPP) is a regional partnership program housed at the Adirondack Chapter of The Nature Conservancy that provides training in identification, survey and management techniques for aquatic and terrestrial invasive species. We also have identification materials for distribution and a website (which will be improved over the winter) with identification information. We are here to help. Our goals are to work with partners, communities, and citizens to prevent the introduction and spread of invasive species; coordinate an early detection and response network; and manage priority infestations to mitigate impact. Contact APIPP anytime at 518-576-2082. Thank you for keeping your eyes open for invasives while recreating in the Adirondacks. If you see something, say something.

      In regard to the Invasive Species Prevention Act and the recent DEC and Ag & Mkts regulations, this is a major victory for NY. It will prevent and limit the spread of prohibited and regulated invasive species. The invasiveness of a number of non-native species have been evaluated using a scientific process and any socio-economic costs/benefits are also determined prior to listing species as prohibited or regulated. Once the regulations are finalized, we expect that the lead agencies will develop an education program to inform retailers and consumers about the regulations.

      • John Warren John Warren says:

        Hi Hillary,

        I assume you are aware of the massive Japanese knotweed infestation surrounding the Black Bear in Pottersville? It’s growing every year.

        What’s the status there?

        John Warren