ENV-50-15-00010-P Aquatic Invasive Species Spread Prevention

12/16/15 N.Y. St. Reg. ENV-50-15-00010-P

NEW YORK STATE REGISTER

VOLUME XXXVII, ISSUE 50

December 16, 2015

RULE MAKING ACTIVITIES

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. ENV-50-15-00010-P

Aquatic Invasive Species Spread Prevention

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Addition of Part 576 to Title 6 NYCRR.

Statutory authority:

Environmental Conservation Law, section 9-1710

Subject:

Aquatic Invasive Species Spread Prevention.

Purpose:

To require that "reasonable precautions" are taken prior to placing watercraft into public waters to prevent the spread of AIS.

Text of proposed rule:

A new 6 NYCRR Part 576 is added in Chapter V, Subchapter C to read as follows:

6 NYCRR Part 576 Aquatic Invasive Species Spread Prevention

576.1 Purpose, scope and applicability.

(a) The purpose of this Part is to establish reasonable precautions such as removing visible plant or animal matter, washing, draining or drying that must be taken by persons launching watercraft or floating docks into public waterbodies to prevent the spread of aquatic invasive species.

(b) The regulations in this Part apply to all sites from which a watercraft or floating dock can be launched into public waterbodies.

(c) The regulations set forth in this Part are in addition to the provisions found in Titles 1 and 6 of the New York Code of Rules and Regulations and local laws or regulations that are designed to prevent the spread of aquatic invasive species in New York. These regulations and local laws, rules and regulations designed to prevent the spread of aquatic invasive species shall apply, unless in conflict, superseded or expressly stated otherwise in this Part.

576.2 Definitions. As used in this Part, the following words and terms shall be defined as follows:

(a) Animal means all vertebrate and invertebrate species, in any stage of development, including but not limited to mammals, birds, reptiles, amphibians, fish, mollusks, arthropods, insects, and their eggs, larvae or young, but excluding human beings, dog or other companion animal defined in section 350 of the Agriculture and Markets Law.

(b) Commissioner means the Commissioner of the Department of Environmental Conservation as well as meaning the Commissioner’s designated agent.

(c) Department means the New York State Department of Environmental Conservation.

(d) Floating dock means a removable buoyant platform supported by floating devices or suspended over the surface of a waterbody by anchors or other devices.

(e) Invasive species means a species that is nonnative to the ecosystem under consideration, and whose introduction causes or is likely to cause economic or environmental harm or harm to human health.

(f) Launch means to place a watercraft or floating dock into a public waterbody or any inlet or outlet to such waterbody for any purpose, including by trailer or other device or carrying by hand a watercraft into the waterbody.

(g) Launch site means the specific location along the shoreline of a public waterbody where a watercraft or floating dock is launched.

(h) Marine and coastal district waters means the waters of the Atlantic Ocean within three nautical miles from the coast line and all other tidal waters within the state, including the Hudson River up to the Governor Malcolm Wilson Tappan Zee Bridge.

(i) Nonnative species means a species not indigenous to an ecosystem under consideration or to New York State, and includes an individual specimen.

(j) Person means any individual, firm, co-partnership, association, or corporation, other than the state or a public corporation, as the latter is defined in Article 2A section 66 of the General Construction Law.

(k) Personal watercraft means a vessel which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel rather than in the conventional manner of sitting or standing inside the vessel.

(l) Plant means all plant species, in any stage of development, including, but not limited to trees, shrubs, vines, grasses, sedges, rushes, herbs, mosses, lichens, as well as submergent, emergent, free-floating or floating-leaf plants, and includes any part of the plant.

(m) Public waterbody or waterbody means lakes, bays, sounds, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters which do not combine or effect a junction with natural surface waters), which are wholly or partially within or bordering the state or within its jurisdiction.

(n) Reasonable precautions mean intentional actions that prevent or minimize the introduction or spread of aquatic invasive species, as specified in section 576.3 of this Part.

(o) Watercraft means every motorized or non-motorized boat, vessel or vehicle capable of being used or operated as a means of transportation or recreation in or on water.

576.3 Prohibitions. No person shall launch, or attempt to launch, a watercraft or floating dock into a public waterbody unless the following reasonable precautions of (a) cleaning, (b) draining, and (c) treating have been taken:

(a) Cleaning. Cleaning shall include all of the following reasonable precautions:

1. inspecting the watercraft or floating dock and removing any plant or animal, or parts thereof, visible to the human eye, in, on, or attached to any part of the watercraft or floating dock, including livewells and bilges, the motor, rudder, anchor or other appurtenant, equipment or gear on the watercraft or floating dock that may come in contact with the waterbody; or the trailer or any other device used to transport or launch a watercraft or floating dock that may come into contact with the waterbody before launching into a public waterbody; and

2. any plants, animals, and parts thereof, including bait or other fish parts, visible to the human eye, shall be disposed by depositing these materials in a refuse receptacle where available or other receptacle designated for invasive species disposal, or if no receptacle is available, disposing the materials upland from the mean high water mark of the waterbody and in a manner to avoid contact by the material with the waterbody; and

(b) Draining. Draining shall include all of the following reasonable precautions:

1. draining water from the watercraft and the watercraft’s motor, bilge, livewell, bait wells and ballast tanks and other areas of the watercraft capable of holding water before launching a watercraft into a public waterbody at a distance from the waterbody and in such a manner to avoid contact of the drainage with the public waterbody; and

2. for personal watercraft only, draining water from the cooling system of personal watercraft immediately following its removal from the water by running the motor out of water for five seconds, unless advised differently by the manufacturer and at a distance from the waterbody and in such a manner to avoid contact of the drainage with the public waterbody; and

(c) Treating. Treating shall include at least one of the following reasonable precautions:

1. Drying method. Treatment by drying must include one of the following steps:

i. Removing any boat cover and air dry watercraft, trailer or floating dock out of the water and in an area exposed to the sun or in a heated building for a minimum of five (5) days; or

ii. Storing watercraft and trailer or floating dock in subfreezing temperatures for a minimum of three (3) days; or

iii. If the drying methods described in subparagraph (i) or (ii) above and the rinsing methods described in paragraph 2 below are not available prior to launching, towel dry portions of the watercraft hull, engine, trailer and associated equipment that have been in contact with the waterbody prior to launching in another waterbody; or

2. Rinsing method. Treatment by rinsing must include one of the following steps:

i. If equipment is available at the launch site or other reasonably accessible location prior to launching, consistent with manufacturer’s directions, spraying/rinsing hull and other external areas or equipment with high pressure (2,500 psi) hot water (140 degrees F for 30 seconds) at a location that does not drain into a waterbody; or

ii. If equipment is available at the launch site or other reasonably accessible location prior to launching, consistent with manufacturer’s directions rinsing/flushing water cooled motors with water for two (2) minutes at a location that does not drain into a waterbody; or

iii. If equipment is available at the launch site or other reasonably accessible location prior to launching, consistent with manufacturer’s directions, rinsing/flushing the bilge area, live wells, bait wells and other water-holding compartments with hot water at a temperature of 140 degrees F for 30 seconds at a location that does not drain into a public waterbody. If water is being drained via a pump, flushing the bilge area, live wells, bait wells and other water-holding compartments with the hottest water for which the pump is rated; or

iv. If hot water is not available at the launch site or other reasonably accessible location prior to launching, thoroughly rinsing the boat hull and flush water- holding compartments with the warmest water available at a location that does not drain into a waterbody. Cold water is acceptable only if it is the only water available; or

3. Painting method to be used prior to launching into marine and coastal district waters only.

Prior to launching a watercraft or floating dock into a public waterbody within marine and coastal district waters, treatment shall include the application and maintenance of anti-fouling paint, in accordance with applicable laws, rules and regulations, to watercraft hull, floating dock or any associated trailer or equipment being used to launch the watercraft or floating dock into marine and coastal district waters, and upon removing the watercraft from the water, inspecting the watercraft or floating dock and removing any attached plant or animals, or any part thereof, visible to the human eye.

576.4 Exemptions.

(a) The provisions of this Part shall not apply to the following:

1. Plants not otherwise defined in law or regulation as invasive species affixed to or transported in watercraft for use as camouflage for hunting or wildlife viewing purposes.

2. Bait or baitfish that can legally be used on a waterbody and is possessed consistent with all applicable laws and regulations.

3. Legally taken game as defined in section 11-0103(2) of the Environmental Conservation Law or fish as defined in section 11-0103(1)(a).

4. The use of plants or animals for habitat restoration, invasive species control, scientific research, aquaculture, landscaping, gardening, or other activity pursuant to express written approval by the department, consistent with all applicable laws and regulations related to their use, possession or harvest.

(b) The provisions of subdivision (c) of section 576.3 of this Part shall not apply to any watercraft and associated equipment or floating dock that is re-launched from a launch site into a public waterbody within the bounds of any permanent barriers impassible to watercraft which was, prior to launching, removed from the same launch site without having been launched into any other waterbody from any other launch site.

576.5 Penalties and enforcement.

Any person who violates the provisions of this Part shall be liable for all penalties and other remedies provided for in the Environmental Conservation Law including section 71-0703(10).

576.6 Severability.

If a provision of this Part or its application to any person or circumstance is determined to be contrary to law by a court of competent jurisdiction, such determination shall not affect or impair the validity of the other provisions of this Part or the application to other persons and circumstances.

Text of proposed rule and any required statements and analyses may be obtained from:

Leslie Surprenant, Division of Lands and Forests, 625 Broadway, Albany, NY 12233, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Additional matter required by statute:

Short EAF/Determination of non-significance

Regulatory Impact Statement

1. Statutory authority

The Governor signed legislation on September 2, 2014 adding ECL section 9-1710 to Environmental Conservation Law (ECL) Article 9, to prevent the introduction and spread of aquatic invasive species (AIS) by prohibiting the launching of watercraft or floating docks unless it can be demonstrated that “reasonable precautions such as removal of any visible plant or animal matter, washing, draining or drying … have been taken.” This statute directs the Department of Environmental Conservation (DEC) to develop regulations defining “reasonable precautions” to prevent the introduction and spread of AIS. The proposed Part 576 to 6 NYCRR provides reasonable precautions necessary to prevent the spread of AIS in public waterbodies.

DEC is responsible for promoting and coordinating the management of water, land, fish, wildlife, and air resources (ECL section 3-0301(1)(b)), providing for the propagation, protection, and management of fish and other aquatic life and wildlife (ECL section 3-301(1)(c)), providing for the protection and management of marine and coastal resources, wetlands, estuaries, and shorelines (ECL section 3-0301(1)(e)), promoting the control of weeds and aquatic growth, and developing methods of prevention and eradication necessary to preserve and enhance natural beauty and man-made scenic qualities (ECL section 3-0301(1)(k)).

In conjunction with this broad authority, ECL section 3-0301(2)(m) empowers DEC to “[a]dopt such rules, regulations and procedures as may be necessary, convenient or desirable to effectuate the purposes of [the ECL].” Moreover, ECL section 9-1709 directs DEC, in cooperation with the New York State Department of Agriculture and Markets (DAM), to take action by strengthening controls regarding the prevention, spread, and control of invasive species. Finally, ECL section 9-0105 (3) authorizes DEC to "make necessary rules and regulations to secure proper enforcement of the provisions hereof.”

2. Legislative objectives

ECL section 9-1710 explicitly recognizes that AIS threaten New York’s environment and economy. The legislature found that AIS are harming the state by out-competing native species, diminishing biological diversity, altering community structure and, in some cases, changing ecosystem processes. The legislative objectives in the 2014 Assembly’s Memorandum in Support of Legislation are “[t]o amend ECL by adding new sections that will ensure reasonable precautions are taken to prevent the spread of aquatic invasive species. Recreational boating is one of the primary ways in which invasive species are transported overland to new waterways. Taking precautionary measures with watercraft and floating docks at launch is a simple step that should be taken to prevent the spread of invasive species and protect our waterways as well as the industries that depend on them.” Boaters and anglers are advised to follow “clean, drain, dry” protocols through various outreach mechanisms, but these measures are largely voluntary. The proposed new Part 576 to 6 NYCRR will mandate the inspection, cleaning, draining, and treatment, which may include drying or rinsing, of watercraft, trailers, and associated equipment and floating docks and the removal of any visible plant or animals that are in or attached to watercraft or floating docks, prior to launching. The proposed Part 576 to 6 NYCRR are in addition to, and will complement, the Department’s recently promulgated regulations for the sale, importation, purchase, transportation or introduction of invasive species under Part 575 of 6 NYCRR intended to prevent the spread of invasive species through commerce by prohibiting or regulating the intentional and commercial introduction or transport of specific invasive species. It is not always easy to distinguish non-invasive species from invasive species; therefore, the proposed regulations mandate the removal of all plant- and animal material from watercraft, trailers, associated equipment, and floating docks. In this respect, these regulations are similar to the recent amendments to DEC’s regulations found in 6 NYCRR Part 59 and section 190.24 and to the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) regulations found in 9 NYCRR Part 377 that address non-commercial transport of aquatic invasive species by recreational watercraft, trailers and associated equipment at access sites administered by DEC or OPRHP, respectively. This new Part 576 will expand the efforts to control the introduction and spread of AIS statewide and will apply to all public waterbodies.

3. Needs and benefits

The transportation of watercraft and floating docks, trailers and equipment from one waterbody to another are one of the primary transport mechanisms for AIS. Unless properly cleaned, drained or treated before being transported from one waterbody to another, there is a high risk that aquatic invasive species can be transported and introduced to new waters. Once introduced, AIS are extremely difficult to control or eliminate. Additionally, efforts to manage AIS are costly, and often do not achieve the intended results. Populations of AIS can negatively impact recreational and commercial uses of a waterbody and tourism.

The proposed regulations will strengthen the DEC’s ability to control the spread of AIS associated with the use of watercraft, floating docks, trailers and associated equipment in all public waterbodies across the state, not just at DEC-administered launch sites. Many boaters voluntarily comply with “clean, drain, dry” recommendations to prevent the spread of AIS, as provided in various Department publications and on the Department’s website. Due to the substantial environmental and economic impact that can be associated with the introduction of AIS, the proposed regulations will reduce the risk. The proposed regulations will allow Department law enforcement staff to ensure compliance with the “clean, drain and dry” protocol before individuals attempt to launch a watercraft or floating dock. The regulation will require that “reasonable precautions” be taken to remove any visible plants and animals attached to them or to the trailer or associated equipment prior to launching into any public waterbody. Per ECL 71-0703, the penalty for violating this regulation is a written warning for the first violation, a fine of up to one hundred fifty dollars for a second offense, and up to two hundred fifty dollars for a third offense, and no less than two hundred and fifty dollars nor more than one thousand dollars for a fourth or subsequent offense.

These regulations are in addition to, and do not obviate, local laws or regulations. For instance, some local municipalities may determine that additional precautions are necessary to prevent further introduction or spread of AIS into waterbodies within their jurisdiction. Accordingly, the proposed Part 576 regulations provide the basic requirements imposed statewide, while local regulations may require additional steps.

The proposed Part 576 also provides for certain exemptions from the regulation’s requirements. The proposed regulation exempts boats or floating docks from the “treatment” or “drying” requirements found in the proposed regulations which are launched from a specific launch site into any public waterbody and directly removed from the same launch site without having been launched from any other launch site. Data suggest that boaters typically use their watercraft in waters as close to their residence as feasible. Launching a watercraft or floating dock into the same waterbody carries less risk of spreading AIS which supports this exemption. By providing certain exemptions, the regulation balances the risks to the environment with burdens required by the regulation on the boating community.

Outreach included two meetings with the Invasive Species Council (ISC) whose statutory membership is nine stakeholder state agencies DEC co-led by the DEC and DAM and one meeting with the Invasive Species Advisory Committee (ISAC) an advisory body, with statutory membership of up to 25 non-governmental stakeholders including the conservation organizations, lake associations, and the marine trades industry. The ISC and ISAC were presented with the regulations currently in place at Department-managed waters (6 NYCRR Part 59 and Part 190) and at Office of Parks, Recreation, and Historic Preservation-managed waters (9 NYCRR Part 377.1) and the Federal Aquatic Nuisance Species Task Force’s voluntary guidelines. The ISC and ISAC representatives were given an opportunity to ask questions, comment, and to suggest “reasonable precautions” for the proposed regulations.

Department staff also met with the Empire State Marine Trades Association several times to obtain feedback regarding appropriate “reasonable precautions” to consider in the rulemaking. This organization was also presented with the regulations and voluntary guidelines as described above. The Department considered stakeholder concerns in crafting the draft Part 576 regulations. As a result of the meeting with the stakeholder group, the proposed regulations addressed issues raised including consideration of potential exemptions from the regulations for watercraft or floating docks which are (i) removed from one waterbody, and then launched into the same waterbody, (ii) removed from freshwater waterbodies, and then launched into marine or salt waterbodies, and (iii) removed from marine or salt waterbodies, and then launched into freshwater waterbodies and (iv) the application of hull anti-fouling paint. There is no current requirement that a watercraft used in marine waters be treated with hull anti-fouling paint.

4. Costs

No direct costs to local governments are anticipated. No or minimal direct costs will be incurred by boat owners as they comply with “reasonable precautions” proposed in the regulations. The Department will incur indirect costs for staff time for all rulemaking activities and related outreach and for enforcement of the final regulations.

5. Local government mandates

This new Part 576 to 6 NYCRR will not impose any programs, services, duties or responsibilities upon any county, city, town, village, school district or fire district, or other special district.

6. Paperwork

No additional paperwork or record keeping by the regulated community will result from these proposed regulations, except for applying for a free permit that would require submission of an application containing the necessary information that would meet the approval criteria that would allow for scientific, educational or other approved activities. The Department will incur paperwork associated with enforcement.

7. Duplication

The Department adopted state regulations amending Part 59 and section 190.24 of 6 NYCRR on June 4, 2014. These two regulations restrict the transportation of visible plant and animal material on watercraft, trailers, and associated equipment and in water holding compartments of watercraft, as the watercraft is approaching and leaving a state boating and fishing access site administered by DEC. The Department intends to retain Part 59 and section 190.24 of 6 NYCRR in place to provide a higher level of protection from the spread of AIS since these regulations also require spread prevention actions upon removal of boats from waters. The Office of Parks, Recreation and Historic Preservation adopted state regulations requiring inspecting and removing visible plants and animals and draining watercraft prior to launching and upon departing a launch site by amending subdivision (i) of section 377.1 of Title 9 of NYCRR.

Several county, town and villages have adopted local laws or ordinances pertaining to watercraft in an effort to prevent the spread of AIS. The adoption of Part 576 will reduce the need for such local regulations by establishing statewide standards for “reasonable precautions” that reduce the spread of AIS between waterbodies of the state.

8. Alternatives

Adoption of Part 576 is necessary to meet the express legislative directive of ECL section 9-1710. The Department considered allowing for a “marine” exception; however, research has shown that recreational boating in marine environments contributes to the introduction and spread of marine invasive species.

9. Federal standards

There are currently no Federal regulations which govern the launch of recreational watercraft or floating docks to prevent the introduction or spread of AIS, although the Federal Aquatic Nuisance Species Task Force published voluntary guidelines. The United States Environmental Protection Agency published the Small Vessel General Permit (sVGP) that applies to all non-recreational, non-military vessels less than 79 feet in length in 2014, but are on hold due to a moratorium extended through mid-December, 2017. The sVGP requires vessel hull maintenance intended to prevent the spread of AIS including inspecting vessel hulls for organisms, cleaning and maintenance, and inspecting all visible areas of the vessel for “hitchhiking” organisms, and removing and appropriately disposing them prior to overland transport of the vessels.

10. Compliance schedule

These regulations, once adopted, become effective upon publication in the State Register. The Department will conduct education to achieve compliance.

Regulatory Flexibility Analysis

The proposed new Part 576 to 6 NYCRR seeks to control the introduction and spread of aquatic invasive species by prohibiting the launching of watercraft or floating docks unless it can be demonstrated that “reasonable precautions such as removal of any visible plant or animal matter, washing, draining or drying … have been taken”. Environmental Conservation Law (ECL) section 9-1710 directs the Department of Environmental Conservation to develop regulations defining “reasonable precautions” to prevent the introduction and spread of aquatic invasive species.

The proposed rule will prohibit watercraft, trailers, floating docks and associated equipment carrying visible plants and animals from launching on a public waterbody. The rule also establishes measures which boat or floating dock users must take to ensure that the watercraft or floating dock are free of potential invasive species. This rule will help reduce the spread of aquatic invasive species to public waterbodies via watercraft, trailers, floating docks and associated equipment.

The Department has determined that the proposed rules will not impose an adverse impact on small businesses or local governments due to additional reporting, record-keeping, or other compliance requirements. Watercraft owners and operators regulated by the proposed rule will be able to satisfy the requirements of the rule, and avoid penalties as soon as the rule takes effect. No cure period or opportunity for ameliorative action beyond the language already contained in the rule is necessary to provide regulated entities with the ability to immediately comply with the rule.

The proposed rule, by helping reduce the introduction and spread of aquatic invasive species by watercraft and floating docks in New York State, will have a positive impact on water-based tourism. Prolific growth of aquatic invasive species can seriously impact tourism-based economies associated with waters throughout New York State.

Since the Department’s proposed rulemaking will not impose an adverse impact on small businesses or local governments, including no effect on current reporting, record-keeping, or other compliance requirements, the Department has concluded that a regulatory flexibility analysis is not required for this regulatory proposal.

Rural Area Flexibility Analysis

The proposed new Part 576 to 6 NYCRR seeks to control the introduction and spread of aquatic invasive species by prohibiting the launching of watercraft or floating docks unless it can be demonstrated that “reasonable precautions such as removal of any visible plant or animal matter, washing, draining or drying … have been taken”. Environmental Conservation Law (ECL) section 9-1710 directs the Department of Environmental Conservation to develop regulations defining “reasonable precautions” to prevent the introduction and spread of aquatic invasive species.

The proposed rule will prohibit watercraft, trailers, floating docks and associated equipment carrying visible plants and animals from launching on a public waterbody. It will also prohibit boats that have not been properly drained of water from launching on a public waterbody. This rule will help reduce the spread of aquatic invasive species to public waterbodies via watercraft, trailers, floating docks and associated equipment.

The Department has determined that the proposed rules will not impose an adverse impact on public or private entities in rural areas due to additional reporting, record-keeping, or other compliance requirements. Watercraft and floating dock owners and operators regulated by the proposed rule will be able to satisfy the requirements of the rule, and avoid penalties, as soon as the rule takes effect. No cure period or opportunity for ameliorative action beyond the language already contained in the rule is necessary to provide regulated entities with the ability to immediately comply with the rule.

The proposed rule, by helping reduce the introduction and spread of aquatic invasive species by watercraft, trailers, floating docks and associated equipment in New York State, will have a positive impact on rural water-based tourism. Prolific growth of aquatic invasive species can seriously impact tourism-based economies associated with waters in rural areas.

Since the Department’s proposed rulemaking will not impose an adverse impact on public or private entities in rural areas and will have little effect on current reporting, record-keeping, or other compliance requirements, the Department has concluded that a rural area flexibility analysis is not required for this regulatory proposal.

Job Impact Statement

The proposed new Part 576 to 6 NYCRR seeks to control the introduction and spread of aquatic invasive species by prohibiting the launching of watercraft or floating docks unless it can be demonstrated that “reasonable precautions such as removal of any visible plant or animal matter, washing, draining or drying … have been taken”. Environmental Conservation Law (ECL) Section 9-1710 directs the Department of Environmental Conservation to develop regulations defining “reasonable precautions” to prevent the introduction and spread of aquatic invasive species.

The proposed rule will prohibit watercraft, trailers, floating docks and associated equipment carrying visible plants and animals from launching on a public waterbody. The rule also establishes measures which boat or floating dock users must take to ensure that the watercraft or floating dock are free of potential invasive species. This rule will help reduce the spread of aquatic invasive species to public waterbodies via watercraft, trailers, floating docks and associated equipment.

The proposed regulations will not have an adverse impact on jobs or employment in New York State. Reducing the spread of aquatic invasive species and maintaining quality aquatic recreation opportunities in New York will have a positive impact on jobs associated with this form of recreation. The Department therefore concludes that a Job Impact Statement is not required.