Bill S5733-2013

Relates to the sale, distribution, transport and trade of eurasian boars

Relates to the sale, distribution, transport and trade of eurasian boars.

Details

Actions

  • Oct 21, 2013: SIGNED CHAP.417
  • Oct 9, 2013: DELIVERED TO GOVERNOR
  • Jun 18, 2013: returned to senate
  • Jun 18, 2013: passed assembly
  • Jun 18, 2013: ordered to third reading rules cal.412
  • Jun 18, 2013: substituted for a3767a
  • Jun 17, 2013: referred to codes
  • Jun 17, 2013: DELIVERED TO ASSEMBLY
  • Jun 17, 2013: PASSED SENATE
  • Jun 17, 2013: ORDERED TO THIRD READING CAL.1407
  • Jun 17, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 10, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

Meetings

Calendars

Votes

Memo

BILL NUMBER:S5733

TITLE OF BILL: An act to amend the environmental conservation law, in relation to the sale, distribution, transport and trade of Eurasian boars

Purpose of the Bill: The purpose would amend the Environmental Conservation Law (ECL) to prohibit the importation, possession, sale, or release of Eurasian Boar in New York State.

Summary of provisions:

Section 1 of the bill would amend Environmental Conservation Law (ECL) § 11-0103(29) to delete the term swine from the definition of a captive bred North American big game mammal.

Section 2 would add a new ECL § 11-0514 to provide a definition of "Eurasian boar" and specifically exclude from the definition domesticated pigs. This section would also, (i) immediately prohibit the importation, breeding or release to the wild of Eurasian boar, (ii) prohibit the possession, sale, distribution or transportation of Eurasian boar - effective on September 1, 2015, and (iii) authorize the Department of Environmental Conservation (DEC) to adopt rules and regulations necessary to implement and administer this section.

Section 3 would amend ECL § 71-0925(15) to provide for the imposition of a civil penalty associated with violating ECL § 11-0514.

Section 4 would provide that the bill would take effect immediately; provided, however, that any person, firm, partnership or corporation which has a contract to import Eurasian boars as of the effective date of this bill may import such animals for sixty days following enactment.

Existing law: ECL Article 11 authorizes DEC to regulate and manage the state's wildlife - Title 3 of which sets forth DEC's general powers and duties related to management of fish and wildlife resources. ECL Article 71, Title 9 sets forth enforcement provisions related to the Fish and Wildlife Law.

Prior Legislative history: This is a new bill.

Statement in Support: Eurasian boars - often referred to as wild boar, razorback, and Russian boar - are wild boars native to Europe and Asia or a hybrid between a Eurasian boar and a domestic pig. Eurasian boars are new to the New York landscape and represent a threat to the public health and welfare absent immediate action, based on their adaptability and naturally destructive behavior. In this respect, many Eurasian boars have escaped or been released from enclosed shooting facilities, breeding facilities or animal sanctuaries, and are now loose in the more rural areas of the State. Unlike domesticated farm pigs, Eurasian boars mature in 6-10 months and can breed up to twice a year, with litters averaging 6-8 piglets. The population of Eurasian boars in any given area can double or even triple in a single year.

Eurasian boars in New York can have serious adverse impacts on native plants and wildlife, livestock, agriculture, and public health:

* They consume the nests and eggs of ground nesting birds and reptiles.

* They can kill and eat fawns and young domestic livestock.

* They eat almost any agricultural crop as well as tree seeds and seedlings.

* Their rooting and wallowing habits destroy crops and native vegetation, cause erosion, and negatively affect water quality. Every Eurasian boar in the wild is estimated to destroy 11 acres of wetlands in its lifetime.

* They have razor sharp tusks and can be aggressive toward humans and their pets.

* They carry and can transmit several serious diseases including swine brucellosis, E. coli, trichinosis, and pseudorabies to livestock and /or humans. Some of these diseases, if introduced to domestic swine, can decimate the pork industry and could result in losing the ability to ship animals to other states.

Due to their aggressive nature and size, Eurasian boars are very difficult to contain. Voluntary management practices such as fencing, sterilization, and branding are insufficient and unenforceable as these animals have been known to escape from game breeders, shooting facilities, and sanctuaries despite fencing and other preventive measures. Recovery of escaped animals is very difficult and costly. For example, DEC and the Animal and Plant Health Inspection Service (part of USDA) worked cooperatively to remove 35 boars in Clinton County over the course of a year. DEC's cost alone was $68,000 -- more than $2,600 per animal.

Other parts of the country where hunting preserves have long been established have seen a proliferation of problems related to Eurasian boars. For example, Eurasian boars located in Texas cause an estimated $52 million per year in damages to crops, with landowners spending an estimated $7 million annually on the control and/or correction of damage. A 2011 survey from the Georgia Feral Hog Working Group found that losses due to wild pigs exceeded $81 million, including the destruction of wildlife sea turtle nests and damage to dikes. Alabama has reported populations of Eurasian boar in every county of the state, with millions of dollars in damage to public property, including rooting damage, lowered water quality, damage to timber, wetlands and endangered plant and native wildlife communities. There is growing evidence of these same problems occurring in New York. Farmers in Tioga, Delaware, Clinton, Cortland and Onondaga Counties have reported damage to various crops caused by Eurasian boar. There have also been complaints of attacks on wildlife, pets and domestic livestock. The numerous adverse effects to public health and safety, when added to the difficulty of containing Eurasian boars, make this species a public nuisance. To address this public nuisance, the State must take immediate action to ensure that any type of farming or hunting preserves related to Eurasian boars is prohibited

Under existing law, Eurasian boars may be possessed legally, including for the purposes of hunting and meat production. There are thirteen known enclosed shooting facilities that include boar. Some of the facilities charge $350 to $1,000 per animal for the opportunity to hunt. This bill would prohibit the possession, sale, trade and transportation of Eurasian boar in an effort to eliminate Eurasian boar from New York's landscape. This bill would also authorize DEC to promulgate regulations necessary to implement these prohibitions and ensure that Eurasian boars do not become established in the wild. To allow the owners of facilities with Eurasian boar the opportunity to realize the economic benefit associated with their operations and to allow for an appropriate disposition, the bill authorizes the continued possession of these animals for two years after enactment through August 31, 2015.

Budget Implications: None.

Local Impact: None.

Effective Date: This bill would take effect immediately; provided, however, that any person, firm, partnership or corporation which has a contract to import Eurasian boars as of the effective date of this bill may import such animals for sixty days following enactment.


Text

STATE OF NEW YORK ________________________________________________________________________ 5733 2013-2014 Regular Sessions IN SENATE June 10, 2013 ___________
Introduced by Sen. LITTLE -- (at request of the Department of Environ- mental Conservation) -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to the sale, distribution, transport and trade of Eurasian boars THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph b of subdivision 29 of section 11-0103 of the environmental conservation law, as added by chapter 208 of the laws of 1999, is amended to read as follows: b. A captive bred North American big game mammal including: cougar, wolf, bear, bison, big horn sheep, mountain goat, antelope, elk, musk ox, mule deer, black tailed deer, caribou, [swine,] and a domestic game animal as defined in paragraph b of subdivision four of this section, provided, however, that nothing herein shall be deemed to expand, dimin- ish, or alter the department's authority under existing statute or regu- lation to regulate the taking of big game as defined in paragraph b of subdivision two of this section or other protected wildlife as defined in paragraph c of subdivision six of this section. S 2. The environmental conservation law is amended by adding a new section 11-0514 to read as follows: S 11-0514. EURASIAN BOARS PROHIBITED. 1. FOR PURPOSES OF THIS SECTION, "EURASIAN BOAR" SHALL MEAN ANY SUBSPECIES, BREED, OR HYBRID OF SWINE RECOGNIZED AS EURASIAN BOAR, RUSSIAN BOAR, WILD BOAR, WILD HOG, RAZORBACK, OR FERAL SWINE. "EURASIAN BOAR" SHALL NOT INCLUDE DOMESTIC PIGS (SUS SCROFA DOMESTICA) POSSESSED FOR MEAT PRODUCTION OR AS PETS, OR ANIMALS POSSESSED OR OWNED BY A ZOOLOGICAL PARK ACCREDITED BY THE ASSOCIATION OF ZOOS AND AQUARIUMS. 2. NO PERSON, FIRM, PARTNERSHIP, CORPORATION, OR GOVERNMENT ENTITY SHALL KNOWINGLY IMPORT, ALLOW TO BREED, OR INTRODUCE INTO THE WILD EURA- SIAN BOARS.
3. BEGINNING SEPTEMBER FIRST, TWO THOUSAND FIFTEEN, NO PERSON, FIRM, PARTNERSHIP, CORPORATION OR GOVERNMENT ENTITY SHALL KNOWINGLY POSSESS, SELL, OFFER FOR SALE, DISTRIBUTE, TRANSPORT, OR OTHERWISE MARKET OR TRADE LIVE EURASIAN BOARS. 4. THE DEPARTMENT MAY ADOPT RULES AND REGULATIONS NECESSARY TO IMPLE- MENT AND ADMINISTER THIS SECTION. S 3. Section 71-0925 of the environmental conservation law is amended by adding a new subdivision 15 to read as follows: 15. IF THE VIOLATION WAS A FIRST OR SECOND VIOLATION OF SECTION 11-0514 OF THIS CHAPTER, A FINE OF UP TO FIVE HUNDRED DOLLARS FOR EACH ANIMAL FOR EACH ACT OF IMPORTATION, POSSESSION, INTRODUCTION, SALE, OFFER FOR SALE, DISTRIBUTION, TRANSPORTATION OR OTHERWISE MARKETING OR TRADING. FOR A THIRD OR SUBSEQUENT SEPARATE VIOLATION OF SECTION 11-0514 OF THIS CHAPTER, THE GREATER OF A. A FINE OF ONE THOUSAND DOLLARS FOR EACH ANIMAL FOR EACH ACT OF IMPORTATION, BREEDING, POSSESSION, INTRODUCTION, SALE, OFFER FOR SALE, DISTRIBUTION, TRANSPOR- TATION OR OTHERWISE MARKETING OR TRADING OR B. AN AMOUNT EQUAL TO THREE TIMES (1) THE FINANCIAL SECURITY PROVIDED BY CUSTOMERS FOR THE OPPORTU- NITY TO TAKE THE ANIMAL OR (2) THE VALUE OF A BOAR FOR MEAT PRODUCTION OR AS BREEDING STOCK. S 4. This act shall take effect immediately, provided, however, that any person, firm, partnership or corporation which has a contract to import Eurasian boars as of the effective date of this act may import such animals for 60 days after such effective date.

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