§ 9-1705. New York invasive species council.

1. There is hereby established the New York invasive species council.
Such council shall consist of a total of nine members and shall include
the commissioner, the commissioners of agriculture and markets,
transportation, parks, recreation and historic preservation, education,
the secretary of state, the chairperson of the New York state thruway
authority, the director of the New York state canal corporation, and the
chairperson of the Adirondack Park agency, or a designee of such
department, agency or public authority.

2. The commissioner of agriculture and markets and the commissioner or
their designees shall serve as joint chairs of the council.

3. The council shall meet at least quarterly and shall regularly
consult with the advisory committee.

4. The council may consult with any organization, educational
institution, or governmental agency, including, but not limited to, the
United States Department of Agriculture, the United States Coast Guard,
the port authority of New York and New Jersey, the National Invasive
Species Council and the New York Ocean and Great Lakes Ecosystem
Conservation Council.

5. The role of the council includes, but is not limited to:

(a) from time to time assessing the nature, scope and magnitude of the
environmental, ecological, agricultural, economic, recreational, and
social impacts caused by invasive species in the state;

(b) from time to time identifying actions taken by members of the
council, state and local governments and the public to: prevent the
introduction of invasive species; detect and respond rapidly to and
control populations of invasive species in a cost-effective and
environmentally sound manner; monitor invasive species populations
accurately and reliably; provide for restoration of native species and
habitat conditions in ecosystems that have been invaded; conduct
research on invasive species and develop technologies to prevent
introduction; provide for environmentally sound control of invasive
species; promote public education on invasive species; and the means to
address invasive species;

(c) the development of a "comprehensive plan for invasive species
management". Such plan shall address all taxa of invasive species. The
comprehensive plan should, at a minimum: recommend interagency
responsibilities; describe coordination among different agencies and
organizations; recommend approaches to funding invasive species work;
address prevention, early detection and rapid response; identify
opportunities for control and restoration, including research needs; and
describe effective outreach and education. Such plan shall recommend
responsibilities for different agencies with the goal of reducing or
eliminating, where practicable, contradictory or conflicting policies or
programs. Such plan should identify needs for additional staff positions
at state agencies and recommend New York state or federal legislation or
regulation. Such plan shall place an emphasis on both prevention and
early detection and rapid response to prevent future damage. Such plan
shall evaluate and incorporate, as appropriate: the approved New York
State Aquatic Nuisance Species Management Plan; the Lake Champlain Basin
Aquatic Nuisance Species Management Plan; and the Adirondack Park
Aquatic Nuisance Species Management Plan;

(d) providing input on funding priorities and grant applications
regarding monies made available for the implementation of this title and
grants for projects related to the control and management of invasive
species, education and outreach efforts, and for projects aimed at the
early detection and prevention of invasive species;

(e) organizing and convening a biennial invasive species summit to
focus and maintain attention on the state's comprehensive invasive
species program;

(f) encouraging industries and trade organizations to develop and
adopt voluntary codes of conduct designed to reduce or eliminate the use
and distribution of invasive species, reviewing such voluntary codes of
conduct and officially recognizing approved codes;

(g) supporting within available funds and encouraging Partnerships for
Regional Invasive Species Management in their efforts to address
invasive species through coordination, recruitment and training of
volunteers, education, early detection, rapid response, eradication,
research, and planning;

(h) submitting to the legislature and the governor prior to January
first, two thousand ten a report, produced in consultation with the
advisory committee, recommending a four-tier system for nonnative animal
and plant species. The system shall contain: (i) a list of prohibited
species, which should be unlawful to possess, import, purchase,
transport, or introduce except under a permit for disposal, control,
research, or education; (ii) a list of regulated species which should be
legal to possess, sell, buy, and transport but not be introduced into a
free-living state; (iii) a list of unregulated species which are
nonnative species that should not be subject to regulation; and (iv) a
procedure for the review of a nonnative species that is not on the
prohibited, regulated, or unregulated lists before the use, distribution
or release of such nonnative species. Nothing contained in the report
shall have the force of law. The council shall recommend legislation
regarding the four-tier system, including penalties for violations of
the four-tier system; and

(i) developing recommendations on statutory actions to prohibit,
manage and control invasive species.