Regulatory Challenges in New York for Native Fish Restoration and Invasive Alien Species Control

Regulatory Challenges in New York for Native Fish Restoration and Invasive Alien Species Control

William Schoch

New York State Department of Environmental Conservation   1115 NYS Rte 86, Ray Brook, NY

 

Chris VanMaaren

New York State Department of Environmental Conservation 317 Washington St. Watertown, NY

 

Abstract

 

The piscicide, rotenone, is used by the New York State Department of Environmental Conservation to restore brook trout ponds that have been impacted by competing non-native fish species and for emergency efforts to stop the spread of high impact invasives like northern snakehead.  Brook trout pond reclamations have typically been done within the Adirondack Park and have thus required a fine level of regulatory oversight.  Ponds located on Forest Preserve have to first go through the scrutiny of being written into Unit Management Plans.  UMPs go through all the steps involved in developing an Environmental Impact Statement.  UMPs take years to write, review and finalize.  Historically, non supporters of piscides have been most effective in disrupting the listing of reclamations in UMPs while these documents are out for public review.  Additionally, reclamation projects typically need a pesticide use permit, a wetlands permit and a CP-17 that authorizes the use of motors on Forest Preserve.  Watershed scale efforts have also been conducted in NY to combat the spread of northern snakehead.  For snakehead removal the Department seeks a special declaration of “emergency action” to facilitate the speed of the permitting process which includes a wetland permit and a permit to treat at a rotenone concentration above 1ppm. These watershed scale treatments encompass many private lots and associated landowner consent.  Special public meetings are held in order to build consent with landowners and address their needs.  As a result of these meetings, we have decided to use CFT Legumine to address concerns about odor and we have ended up agreeing to restock lakes once cleared of rotenone.