New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter V - RESOURCE MANAGEMENT SERVICES
Subchapter C - Invasive Species
Part 575
Section 575.8 - Exemptions
Universal Citation: 575.8 NY Comp Codes Rules and Regs ยง 575.8
Current through Register Vol. 46, No. 39, September 25, 2024
(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.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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