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A09289 Summary:

A09289 Actions:

A09289 Committee Votes:

A09289 Floor Votes:

A09289 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A9289
 
SPONSOR: Cymbrowitz

 
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 OR GENERAL IDEA OF BILL:
 
Imposes restrictions on the eradication of the mute swan population
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section 1 of the bill requires the department of environmental conserva-
tion, 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 proposed management plan would be required to prior-
itize non-lethal management techniques and indlude 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 unan-
imously 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 bene-
ficial to the eco-system or to our environment.  Therefore, it is incum-
bent 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:
 
2013-2014: A.8790.A/56589 Passed Both Houses, Vetoed Veto Message No.
543/2014
2015: A.3675/51555 Passed Both Houses, Vetoed, Veto Message No.
543/2015
 
 
FISCAL IMPLICATIONS:
 
None
 
 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed after such effective date.

A09289 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9289
 
                   IN ASSEMBLY
 
                                    February 12, 2016
                                       ___________
 
        Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
          Committee on Environmental Conservation
 
        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:
 
     1    Section 1. Prior to the adoption of any management plan for mute swans
     2  (cygnus  olor), a bird species for which the Atlantic flyway council has
     3  issued a draft management plan, the department of environmental  conser-
     4  vation  shall,  after the effective date of this act, at a minimum, hold
     5  not less than two public hearings in areas with mute  swan  populations,
     6  following  adequate  public  notice,  and, after the last of such public
     7  hearings, include a public comment period of not  less  than  forty-five
     8  days. Any such management plan shall at a minimum:
     9    (a) give priority to non-lethal management techniques;
    10    (b)  fully document the scientific basis for future population projec-
    11  tions;
    12    (c) fully document the scientific  basis  for  current  and  projected
    13  environmental damage;
    14    (d) include a public education component; and
    15    (e) include responses to all substantive public comments.
    16    §  2.  This  act shall take effect immediately and shall expire and be
    17  deemed repealed two years after such effective date.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06860-01-5