Relates to any adoption by the department of environmental conservation of a management plan concerning mute swans.
TITLE OF BILL: An act establishing a moratorium on the department of environmental conservation's plan to declare mute swans a "prohibited invasive species"; and providing for the repeal of such provisions upon expiration thereof
PURPOSE OF THE BILL: Imposes restrictions on the eradication of the mute swan population
SUMMARY OF PROVISIONS:
Section 1 of the bill requires the department of environmental conservation, prior to finalizing any management plan for mute swans, to hold not less than two public hearings and to respond to all public comments. In addition, any report would be required to prioritize non-lethal management techniques and include scientific evidence of projected and current environmental damage caused by the mute swan population of only 2,200 across the state.
Section 2 establishes the effective date.
JUSTIFICATION: Wildlife experts, rehabilitators and environmentalists do not unanimously agree that exterminating the mute swan population is justified. In addition, there is debate amongst such experts about whether the planned eradication of the mute swan population is even minimally beneficial to the eco-system or to our environment.
Therefore, it is incumbent on the Department of Environmental Conservation to illustrate the necessity of eradicating this non-native species by demonstrating the actual damage to the environment or other species caused by mute swans.
PRIOR LEGISLATIVE HISTORY: None.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.
EFFECTIVE DATE: This act shall take effect immediately and shall expire and be deemed repealed two years after such effective date.
STATE OF NEW YORK ________________________________________________________________________ 6589--A IN SENATE February 10, 2014 ___________Introduced by Sens. AVELLA, CARLUCCI, HOYLMAN, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT establishing a moratorium on the department of environmental conservation's plan to declare mute swans a "prohibited invasive species"; and providing for the repeal of such provisions upon expira- tion thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Prior to the adoption of any management plan for mute swans (cygnus olor), a bird species for which the Atlantic flyway council has issued a draft management plan, the department of environmental conser- vation shall, after the effective date of this act, at a minimum, hold not less than two public hearings in areas with mute swan populations, following adequate public notice, and, after the last of such public hearings, include a public comment period of not less than forty-five days. Any such management plan shall at a minimum: (a) give priority to non-lethal management techniques; (b) fully document the scientific basis for future population projec- tions; (c) fully document the scientific basis for current and projected environmental damage; (d) include a public education component; and (e) include responses to all substantive public comments. S 2. This act shall take effect immediately and shall expire and be deemed repealed two years after such effective date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13863-05-4