Requires the department of environmental conservation, in cooperation with the department of agriculture and markets, to take action with respect to nonnative animal and plant species.
Ayes (14): Grisanti, Johnson, LaValle, Little, Marcellino, Maziarz, O'Mara, Young, Avella, Espaillat, Oppenheimer, Perkins, Serrano, Stewart-Cousins
TITLE OF BILL: An act to amend the environmental conservation law, in relation to nonnative animal and plant species
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to strengthen controls regarding the prevention, spread and control of invasive species.
SUMMARY OF SPECIFIC PROVISIONS: This bill would:
Require the Department of Environmental Conservation (DEC), in cooperation with the Department of Agriculture and Markets (DAM) to:
o regulate the sale, purchase, possession, introduction, importation and transport of invasive species; and,
o in consultation with the Invasive Species Council, promulgate regulations to develop:
- permits for prohibited species disposal, control, research and education;
- a system for regulating the sale, purchase, possession, introduction, importation and transport of invasive species, such system regulations would contain:
- a list of prohibited species unlawful to possess with the intent to sell, import, purchase, transport or introduce, import, sell, purchase, propagate, transport, or introduce except under a permit for disposal, control, research, or education; and
- a list of regulated species that would be legal to possess, sell, buy, propogate and transport but may not be knowingly introduced into a free-living state;
- if deemed necessary, grace periods for prohibited and regulated species so businesses can plan the management of existing stock
o establish penalties for violations of invasive species regulations
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Amends §9-1709 (1), (2) and adds a new §71-0703 to the Environmental Conservation Law.
JUSTIFICATION: Invasive species threaten New York's environment by out-competing native species, diminishing biological diversity, and Changing whole ecosystems including those within public parks and waterways. At an Assembly public hearing to solicit public input on the best methods for preventing the introduction of invasive species and combating the invasive species already present held in September 2011, the myriad of problems associated with invasive species received extensive discussion. In order to help mitigate the devastating environmental
and economic impacts of invasive species, this legislation would provide DEC with explicit authority to regulate the sale, purchase, possession, introduction, importation and transport of invasive species and establish penalties for those who violate such regulations.
PRIOR LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the State.
EFFECTIVE DATE: This act shall take effect 180 days after enactment.
STATE OF NEW YORK ________________________________________________________________________ 6826 IN SENATE March 27, 2012 ___________Introduced by Sens. LITTLE, GRISANTI -- 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 nonnative animal and plant species THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 9-1709 of the environmental conservation law, as added by chapter 674 of the laws of 2007 and subdivisions 1 and 2 as amended by chapter 26 of the laws of 2008, is amended to read as follows: S 9-1709. General powers and duties of the department. 1. THE DEPARTMENT, IN COOPERATION WITH THE DEPARTMENT OF AGRICULTURE AND MARKETS, SHALL REGULATE THE SALE, PURCHASE, POSSESSION, INTRODUC- TION, IMPORTATION AND TRANSPORT OF INVASIVE SPECIES PURSUANT TO THIS SECTION. THE DEPARTMENT, IN COOPERATION WITH THE DEPARTMENT OF AGRICUL- TURE AND MARKETS AND IN CONSULTATION WITH THE COUNCIL, SHALL, AFTER PUBLIC HEARING, PROMULGATE REGULATIONS TO DEVELOP: (A) A PERMIT FOR PROHIBITED SPECIES DISPOSAL, CONTROL, RESEARCH AND EDUCATION; AND (B) A SYSTEM FOR REGULATING THE SALE, PURCHASE, POSSESSION, INTRODUC- TION, IMPORTATION AND TRANSPORT OF INVASIVE SPECIES. SUCH SYSTEM REGU- LATIONS SHALL CONTAIN: (I) A LIST OF PROHIBITED SPECIES, WHICH SHALL BE UNLAWFUL TO POSSESS WITH THE INTENT TO SELL, IMPORT, PURCHASE, TRANSPORT OR INTRODUCE OR TO IMPORT, SELL, PURCHASE, PROPAGATE, TRANSPORT, OR INTRODUCE EXCEPT UNDER A PERMIT FOR DISPOSAL, CONTROL, RESEARCH, OR EDUCATION; AND (II) A LIST OF REGULATED SPECIES WHICH SHALL BE LEGAL TO POSSESS, SELL, BUY, PROPAGATE AND TRANSPORT BUT MAY NOT BE KNOWINGLY INTRODUCED INTO A FREE-LIVING STATE OR INTRODUCED BY A MEANS THAT ONE KNEW OR SHOULD HAVE KNOWN WOULD LEAD TO THE INTRODUCTION INTO A FREE-LIVING STATE. AS PART OF THE REGULATORY PROCESS, THE DEPARTMENTS AND THE COUNCIL SHALL CONSIDER ESTABLISHING GRACE PERIODS FOR PROHIBITED AND REGULATED SPECIES SO BUSINESSES CAN PLAN THE MANAGEMENT OF EXISTING STOCK.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14857-02-2 S. 6826 2
2. For the purpose of carrying out the provisions of this title, the department in cooperation with the department of agriculture and markets shall have the authority, within funds available, to:
[1.](A) establish, operate and maintain state-wide databases and clearinghouses for all taxa of invasive species that incorporate exist- ing data from agencies and organizations in the state, as well as from nearby states, provinces, Canada, and the federal government. Such data- bases and clearinghouses may provide the aggregate data on-line in a GIS; [2.](B) coordinate state agency and public authority actions to do the following: [(a)](I) phasing out uses of invasive species; [(b)](II) expanding use of native species; [(c)](III) promoting private and local government use of native species as alternatives to invasive species; and [(d)](IV) wherever practical and where consistent with watershed and/or regional invasive species management plans, prohibiting and actively eliminating invasive species at project sites funded or regu- lated by the state; and [3.](C) in collaboration with the council, aid in the review and reform of relevant regulatory processes to remove unnecessary imped- iments to the restoration of invaded ecosystems. S 2. Section 71-0703 of the environmental conservation law is amended by adding a new subdivision 9 to read as follows: 9. A. ANY PERSON WHO TRANSPORTS, SELLS, IMPORTS OR INTRODUCES INVASIVE SPECIES, IN VIOLATION OF THE REGULATIONS PROMULGATED PURSUANT TO SECTION 9-1709 OF THIS CHAPTER SHALL BE SUBJECT TO THE FOLLOWING: FOR ANY FIRST VIOLATION IN LIEU OF A PENALTY THERE MAY BE ISSUED A WRITTEN WARNING BY THE DEPARTMENT AND THERE MAY ALSO BE ISSUED EDUCATION MATERIALS AT THE DISCRETION OF THE DEPARTMENT REGARDING REQUIREMENTS RELATED TO INVASIVE SPECIES. SUCH PERSON SHALL, HOWEVER, FOR ANY SUBSE- QUENT VIOLATION THEREAFTER BE SUBJECT TO A FINE OF NO LESS THAN TWO HUNDRED FIFTY DOLLARS. B. ANY NURSERY GROWER LICENSED PURSUANT TO ARTICLE FOURTEEN OF THE AGRICULTURE AND MARKETS LAW, ANY PERSON WHO OWNS OR OPERATES A PUBLIC VESSEL AS SUCH TERM IS DEFINED IN PARAGRAPH (A) OF SUBDIVISION SIX OF SECTION TWO OF THE NAVIGATION LAW, OR ANY PERSON WHO OWNS OR OPERATES A COMMERCIAL FISHING VESSEL WHO TRANSPORTS, SELLS, IMPORTS OR INTRODUCES INVASIVE SPECIES IN VIOLATION OF THE REGULATIONS PROMULGATED PURSUANT TO SECTION 9-1709 OF THIS CHAPTER, SHALL BE SUBJECT TO A FINE OF NOT LESS THAN SIX HUNDRED DOLLARS UPON THE FIRST PENALTY. UPON THE SECOND PENALTY SUCH PERSON SHALL BE SUBJECT TO A FINE OF NOT LESS THAN TWO THOUSAND DOLLARS. UPON A SUBSEQUENT PENALTY AND AFTER A HEARING OR OPPORTUNITY TO BE HEARD UPON DUE NOTICE THE FOLLOWING PENALTIES MAY APPLY: (I) SUCH NURSERY GROWER MAY BE SUBJECT TO THE REVOCATION PROCEDURES OF SECTION ONE HUNDRED SIXTY-THREE-C OF THE AGRICULTURE AND MARKETS LAW (II) SUCH PERSON'S VESSEL REGISTRATION MAY BE SUSPENDED OR (III) SUCH PERSON'S FISHING PERMIT MAY BE REVOKED BY THE DEPARTMENT. S 3. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the department of environmental conservation shall promulgate regulations to implement the provisions of this act. Such regulations shall be completed on or before September 1, 2013.