Imposes a moratorium on any plan or proposed plan of the department of environmental conservation to designate the mute swan as a prohibited invasive species or eliminate the mute swan from New York state.
Ayes (59): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Excused (2): Espaillat, Golden
TITLE OF BILL: An act in relation to imposing a moratorium on any plan or proposed plan of the department of environmental conservation to designate the mute swan as a prohibited invasive species or eliminate the mute swan from New York state
PURPOSE: To impose a moratorium on the designation of mute swans as a prohibited invasive species and the proposed management plan which would eliminate the species in New York State until an independent committee can report on whether such a designation should be made.
SUMMARY OF PROVISIONS:
Section 1. Imposes a moratorium on the designation of the mute swan as a prohibited invasive species. Also imposes a moratorium on the adoption and implementation of a management plan for mute swans.
Section 2. Provides for a committee to study the mute swan to determine whether or not the swan should be designated a prohibited species and, if so, should be eliminated in New York. The committee is tasked to investigate management methods other than elimination and make specific findings on each alternative. The committee appointed by the Governor and Legislature, will be composed of seven members who have knowledge and expertise in wildlife management and will report to the Governor and Legislature within a year.
Section 3. Provides the moratorium shall remain in place until one hundred and twenty days after the filing of the report.
JUSTIFICATION: Mute swans have graced the ponds and waterways of Long Island, the lower Hudson Valley and the shores of Lake Ontario for over 120 years. While not a native species, the swans have become a familiar sight and part of the ecology of these areas. The Department of Environmental Conservation has filed draft regulations and a draft management plan which would designate the mute swan as a prohibited invasive species and provide for the elimination of the species in New York State through various methods including euthanizing the animals.
This drastic approach has lead to questions about the basis of the study conducted by the DEC and the necessity of a total elimination of the mute swan. There are arguments that the population can be maintained and controlled on a regional basis. Before the complete eradication of a species, all avenues of possible preservation should be explored. This legislation would allow an independent committee to review the facts and examine all the alternative methods of dealing with the mute swan.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ S. 6667 A. 8857 S E N A T E - A S S E M B L Y February 25, 2014 ___________IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Environmental Conservation IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Environmental Conservation AN ACT in relation to imposing a moratorium on any plan or proposed plan of the department of environmental conservation to designate the mute swan as a prohibited invasive species or eliminate the mute swan from New York state THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Notwithstanding any provisions of law, rule, or regulation to the contrary, a moratorium is imposed on: a. any plan or proposed plan of the department of environmental conservation to designate the mute swan as a prohibited invasive species; and b. the implementation of any management plan for mute swans in New York state, including, but not limited to, any such management plan that provides for the elimination of mute swans from New York state. S 2. a. There is hereby established a committee to study the mute swan. Such study shall undertake, as its primary focus, to determine whether or not the mute swan shall be designated as a prohibited inva- sive species and, if so designated, whether or not the population of mute swans in New York state should be eliminated. The committee shall consider modalities other than the elimination of the species and make specific findings as to the efficacy of those alternatives. Such committee shall report the findings of its study to the governor and the legislature no later than one year after the effective date of this act. b. Such committee shall consist of seven members as follows: three members who shall be appointed by the governor; two members who shall be appointed by the temporary president of the senate; and two members who shall be appointed by the speaker of the assembly. There shall be no more than one member who is an employee of the department of environ-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14133-03-4 S. 6667 2 A. 8857
mental conservation. The committee shall select a chairperson from the members appointed by the governor. c. The appointed members of the committee shall each have knowledge and expertise in wildlife management, including, but not limited to the control of prohibited invasive species. d. Appointed members of the committee shall serve at the pleasure of their appointing authority. A vacancy in membership by an appointed member shall be filled in the same manner as the original appointment. Members of the committee shall receive no compensation for their services but shall be reimbursed for all expenses actually and necessar- ily incurred by them in the performance of their duties. S 3. The moratorium set forth in section one of this act shall remain in full force and effect until 120 days after the committee to study the mute swan reports its findings to the governor and the legislature as set forth in section two of this act. S 4. This act shall take effect immediately.