Sec. 575.7. Petitions to add a species to the invasive species list or remove a species from the invasive species list

(a) A person may petition the department to have a species added to the invasive species list or removed from the invasive species list found in this Part. Persons who submit a petition to add a species to the invasive species list or remove a species from the invasive species list must provide his or her name, address, telephone number, and e-mail address (if available). The department may only classify additional nonnative species that meet the established criteria in section 575.5 of this Part for prohibited or regulated as invasive species and may classify them as prohibited or regulated invasive species if the commissioner, with the approval of the New York State Department of Agriculture and Markets determines the established criteria are met. Persons who submit a petition to remove a species from the invasive species list must provide his or her name, address, telephone number, and (if available) e-mail address. The department, with the approval of the New York State Department of Agriculture and Markets, may only remove classified invasive species if those invasive species no longer meet the established criteria in section 575.5 of this Part. Persons who submit a petition to add a species to the invasive species list or remove a species from the invasive species list are encouraged to provide the following information, which can facilitate the review process.

(b) Identification and background of the species:

(1) the species scientific name;

(2) species taxonomic classification;

(3) common synonyms;

(4) common names;

(5) summary of life history;

(6) native and world distribution;

(7) distribution in New York State, if any;

(8) description of control efforts, if established in New York State; and

(9) whether the species is regulated at the Federal or local level.

(c) Potential consequences of the species' introduction or spread:

(1) the species' habitat suitability in New York State;

(2) dispersal potential (biological characteristics associated with invasiveness);

(3) potential economic impacts (e.g., potential to reduce crop yields, lower commodity values, or cause loss of markets for New York State goods); and

(4) potential environmental impacts (e.g., impacts on ecosystem processes, natural community composition or structure, human health, recreation patterns, property values, or use of chemicals to control the species).

(d) Likelihood of the species introduction or spread:

(1) potential pathways for the species movement into and within New York State;

(2) description of control efforts either within New York or nearby areas where this species is present; and

(3) the likelihood of survival and spread of the species within each pathway.

(e) Evidence that the species is distributed throughout its potential range or has spread too far to implement effective control.

(f) Evidence that control efforts have been unsuccessful and further efforts are unlikely to succeed.

(g) For cultivars of a listed invasive species, scientific evidence that the cultivar has a combination of risk elements that result in a low risk.