Relates to aquatic invasive species and spread prevention; provides relevant definitions and further relates to launching and environmental concerns; stipulates penalties for violation of this section.
STATE OF NEW YORK
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7273--A
Cal. No. 814
IN SENATE
May 8, 2014
___________
Introduced by Sens. O'MARA, AVELLA, DeFRANCISCO, NOZZOLIO -- read twice
and ordered printed, and when printed to be committed to the Committee
on Environmental Conservation -- reported favorably from said commit-
tee, ordered to first and second report, ordered to a third reading,
amended and ordered reprinted, retaining its place in the order of
third reading
AN ACT to amend the environmental conservation law, in relation to
aquatic invasive species, spread prevention, and penalties
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 9-1710 to read as follows:
3 § 9-1710. Aquatic invasive species; spread prevention.
4 1. For purposes of this section:
5 (a) "Animal" shall mean every living and non-living creature except a
6 human being, dog or other companion animal as defined in section three
7 hundred fifty of the agriculture and markets law.
8 (b) "Watercraft" shall mean every motorized or non-motorized boat or
9 vehicle capable of being used or operated as a means of transportation
10 or recreation in or on water.
11 (c) "Launch" shall mean to place a watercraft into a waterbody for any
12 purpose, including by trailer or other device or carrying by hand a
13 watercraft into the waterbody.
14 2. No person shall launch, or attempt to launch a watercraft from a
15 boat launching site, a fishing access site, or any other site from which
16 a watercraft may be launched, or leave from these sites with any plant
17 or animal, or parts thereof, visible to the human eye, in, on, or
18 attached to any part of the watercraft, including livewells, the motor,
19 rudder, anchor or other appurtenance; any equipment; or the trailing or
20 any other device used to transport or launch a watercraft that may come
21 into contact with the water, unless it can be demonstrated that reason-
22 able precautions have been taken to satisfy this section or are other-
23 wise authorized by the department.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15022-03-4
S. 7273--A 2
1 3. No person shall launch, or attempt to launch a watercraft from a
2 boat launching site, a fishing access site, or any other site from which
3 a watercraft may be launched, or leave from these sites without draining
4 the watercraft, including bilge areas, livewells, bait wells and ballast
5 tanks, unless it can be demonstrated that reasonable precautions have
6 been taken to satisfy this section or are otherwise authorized by the
7 department.
8 4. The provisions of this section shall not apply to:
9 (a) Native plants affixed to or transported in watercraft for use as
10 camouflage for hunting or wildlife viewing purposes.
11 (b) Bait, including baitfish, that can legally be used on a waterbody
12 and is possessed consistent with all applicable law and regulations.
13 (c) Legally taken game as defined in subdivision 2 of section 11-0103
14 of this chapter or fish as defined in paragraph a of subdivision one of
15 such section.
16 (d) The use of plants or animals for habitat restoration, weed
17 control, scientific research, aquaculture, or other activity, consistent
18 with all applicable laws and regulations related to their use,
19 possession or harvest.
20 (e) Intentional transport of plants or animals not defined in law
21 rules or regulations as invasive species contained within a watercraft,
22 including food for human consumption.
23 § 2. Section 71-0703 of the environmental conservation law is amended
24 by adding a new subdivision 10 to read as follows:
25 10. Any person who violates section 9-1710 of this chapter shall be
26 guilty of a violation and shall be punishable and liable to a civil
27 penalty as provided in subdivision one of this section, provided, howev-
28 er, that for any first violation in lieu of a penalty there may be
29 issued a written warning by the department and there may also be issued
30 education materials at the discretion of the department regarding
31 requirements related to invasive species. Such person shall, however,
32 for any subsequent violation thereafter be subject to a fine of no less
33 than two hundred fifty dollars nor more than one thousand dollars.
34 § 3. Subdivision 1 of section 11-0323 of the environmental conserva-
35 tion law, as separately amended by section 19 of part H of chapter 58
36 and chapter 342 of the laws of 2012, is amended to read as follows:
37 1. The department shall compile and index each year after the adjourn-
38 ment of the legislature the laws relating to fish and wildlife, as well
39 as invasive species (as defined in section 9-1703 and 9-1710 of this
40 chapter), as amended to date. Copies of the compilation shall be printed
41 in pamphlet form of pocket size in the number for which the legislature
42 may appropriate funds.
43 § 4. Within one year from enactment of this act the department of
44 environmental conservation shall issue regulations establishing what
45 constitutes reasonable precautions that need to be taken to satisfy this
46 section and otherwise needed for the implementation of this section.
47 § 5. This act shall take effect on the ninetieth day after it shall
48 have become a law.
