N.Y. Comp. Codes R. & Regs. tit. 6 § 575.5

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

Section 575.5 - Classifications

(a)Classification.

A species shall be classified and listed as prohibited or regulated by the department and the Department of Agriculture and Markets by applying the invasiveness ranking system established in A Regulatory System for Non-Native Species, June 2010, ("the report").¹ The department and the Department of Agriculture and Markets shall consider the following ecological and socio-economic factors to determine the invasiveness rank and whether the species should be classified as prohibited or regulated:

(1) the species meets the definition of invasive species;

(2) the species is currently on a Federal list or is listed by other states as an invasive species and its native habitat has climatic conditions similar to that of New York State;

(3) ecological impacts including, but not limited to, natural ecosystem processes, community structure and composition, and impacts on other species or species groups;

(4) biological characteristics and dispersal ability including, but not limited to, mode and rate of reproduction, potential for dispersal and spread, characteristics which increase competitive advantages, and known related invasive species;

(5) ecological amplitude and distribution including, but not limited to, population status, habitats utilized, role of disturbance in establishment, and climate in native range;

(6) difficulty of control;

(7) economic benefits or negative impacts of the species;

(8) human health benefits or negative impacts of the species; and

(9) cultural or societal significance of the benefits or harm caused by the species.

(b) Species classified as prohibited are nonnative species that pose a clear risk to New Yorks economy, ecological well-being and/or human health and:

(1) are listed on a Federal list as an invasive species and its native habitat has climatic conditions similar to New York State; or

(2) are assessed using the report's invasiveness ranking process established by the department and Department of Agriculture and Markets, and assigned an ecological invasive ranking of "Very High" or "High"; or

(3) for which the results of a qualitative socio-economic assessment, using an accepted ranking process, established by the department and Department of Agriculture and Markets, justifies placing a species that ranked "Moderate" or "Low" in the ecological assessment in the prohibited category.

(c) Grace periods may be established for species classified as prohibited by the department and the Department of Agriculture and Markets to allow businesses to plan for the management of existing stock.

(d) Species classified as regulated are nonnative species that have the potential to cause significant harm to New York's economy, ecological well being and/or human health and could be effectively contained through regulatory programs, and:

(1) are assessed using the report's invasiveness ranking process, established by the department and Department of Agriculture and Markets, and assigned an ecological invasive ranking of "Moderate" or higher invasiveness; or

(2) for which the results of a qualitative socio-economic assessment, using an accepted ranking process, established by the department and Department of Agriculture and Markets justifies placing a species that ranked "Low" in the ecological assessment in the regulated category.

(e) Invasive species that are classified pursuant to this section and are identified in sections 575.3 and 575.4 of this Part, are subject to requirements of this Part consistent with the respective invasive species classification. All future classifications of prohibited and regulated invasive species shall apply the invasiveness ranking system established in the report and required by this section.

Footnotes

1 The report is available for inspection and copying from the Division of Lands and Forests of the New York State Department of Environmental Conservation offices at 625 Broadway, Albany, NY 12233-4250, or can be accessed from the department's website.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 575.5

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