A08475 Summary:

BILL NOA08475
 
SAME ASNo same as
 
SPONSORSayward
 
COSPNSRGunther, Schroeder, Duprey, Burling, Finch, Castro, Tobacco, Skartados, Scozzafava, Weisenberg, Jaffee, McDonough, Galef, Raia, Jordan, Gordon, Fields
 
MLTSPNSRBacalles, Barclay, Calhoun, Crouch, Errigo, Glick, John, Kolb, Molinaro, Quinn, Thiele, Titone, Townsend
 
Add Art 15 Title 35 SS15-3501 - 15-3509, En Con L
 
Preserves aquatic native species populations, biodiversity and aquatic recreational activities; defines terms; provides for enforcement.
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A08475 Actions:

BILL NOA08475
 
05/21/2009referred to environmental conservation
01/06/2010referred to environmental conservation
06/08/2010reported referred to codes
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A08475 Floor Votes:

There are no votes for this bill in this legislative session.
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A08475 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8475
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 21, 2009
                                       ___________
 
        Introduced  by M. of A. SAYWARD -- read once and referred to the Commit-
          tee on Environmental Conservation
 
        AN ACT to amend the environmental conservation law, in relation  to  the
          preservation  of  aquatic native species populations, biodiversity and
          aquatic recreational activities
 

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Article 15 of the environmental conservation law is amended
     2  by adding a new title 35 to read as follows:
     3                                  TITLE 35
     4                          AQUATIC INVASIVE SPECIES
     5  Section 15-3501. Legislative intent.
     6          15-3503. Definitions.
     7          15-3505. Illegal actions.
     8          15-3507. Penalty for noncompliance.
     9          15-3509. Enforcement.
    10  § 15-3501. Legislative intent.
    11    This  article  is  intended  to prevent the introduction and spread of
    12  aquatic invasive species into and within the waters of the state of  New

    13  York, in order to preserve aquatic native species populations, biodiver-
    14  sity and aquatic recreational activities in the state of New York.
    15  § 15-3503. Definitions.
    16    For  the  purposes  of  this title, the following terms shall have the
    17  following meanings:
    18    1. "Aquatic animals" shall mean an animal that spends part of its life
    19  in water; including, but  not  limited  to,  freshwater,  estuarine  and
    20  wetland species.
    21    2.  "Aquatic  plants"  shall mean plants living in the water or at the
    22  shoreline, and includes roots, rhizomes, stems, leaves or seeds; includ-
    23  ing freshwater, estuarine and wetland species.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.
                                                                   LBD03436-02-9

        A. 8475                             2
 
     1    3. "Aquatic recreation" shall mean activities on, in or  around  water
     2  bodies including, but not limited to boating, fishing, hunting and swim-
     3  ming.
     4    4.  "Biodiversity"  shall  mean a measure of the variety of plants and
     5  animals, their genetic variability,  and  their  interrelationships  and
     6  ecological processes within a given region, landscape, or watershed.
     7    5.  "Introduce"  shall  mean to release, including inadvertently, into
     8  the natural world by human sources.
     9    6. "Introduction" shall mean the spread  of  an  invasive  species  by

    10  human sources.
    11    7. (a) "Invasive species" shall mean an aquatic species that is:
    12    (i) nonnative to the ecosystem under consideration; and
    13    (ii) whose introduction causes or is likely to cause economic or envi-
    14  ronmental  harm  or  harm  to human health. In the latter case, the harm
    15  must significantly outweigh any benefits.
    16    (b) According to the department, the following is an ongoing  list  of
    17  examples of aquatic invasive plants and algae:
    18    (i) Brazilian waterweed - Egeria densa;
    19    (ii) Curly-leaf pondweed - Potamogeton crispus;
    20    (iii) Didymo - Didymosphenia geminate;
    21    (iv) Eurasian water milfoil - Myriophyllum spicatum;
    22    (v) European frog's bit - Hydrocharis morsus-ranae;

    23    (vi) Fanwort - Cabomba caroliniana;
    24    (vii) Starry stonewort - Nitellopsis obtusa;
    25    (viii) Water chestnut - Trapa natans;
    26    (ix) Water primrose - Ludwigia peploides; and
    27    (x) Purple loosestrife - Lythrum salicaria.
    28    (c) The following are examples of aquatic invasive animals:
    29    (i) Asiatic clam - Corbicula fluminea;
    30    (ii) Fishhook water flea - Cercopagis pengoi;
    31    (iii) Northern snakehead - Channa argus;
    32    (iv) Quagga mussel - Dreissena bugensis;
    33    (v) Round goby - Neogobis melanostomus;
    34    (vi) Rusty crayfish - Orconectes rusticus;
    35    (vii) Spiny waterflea - Bythotrephes cederstoemi;
    36    (viii) Tench - Tinca tinca; and

    37    (ix) Zebra mussels - Dreissena polymorpha.
    38    8.  "Native/indigenous species" shall mean those species that arrived,
    39  established, and survived in a location without direct or indirect human
    40  assistance.
    41    9. "Nonindigenous" shall mean organisms  that  have  been  moved  from
    42  their native environments or ecosystems to a new location.
    43    10. "Person" shall mean a human individual.
    44    11.  "Remove"  shall  mean  taking something away; making something go
    45  away.
    46    12. "Standing water" shall mean bilge water  and  other  water  inside
    47  boat compartments that could easily be removed by pump or hand.
    48    13.  "Water  body" shall mean any freshwater or estuarine lake, river,

    49  pond, stream or wetland existing  in  the  state,  whether  publicly  or
    50  privately owned, including the banks and shores thereof.
    51  § 15-3505. Illegal actions.
    52    To  prevent  the  introduction  and spread of aquatic invasive species
    53  into and within the waters of the state:
    54    1. No person shall enter or exit a water body of the state  unless  he
    55  or  she removes all aquatic plants, animals and standing water which are
    56  visible to the unaided eye from inside and outside his or  her  vehicle,

        A. 8475                             3
 
     1  boat,  personal  watercraft,  boat  trailer  or other equipment that had
     2  previously come in contact with any water body.

     3    2.  No  person  shall  travel overland within the state with vehicles,
     4  boats, personal  watercraft,  boat  trailers  or  other  equipment  that
     5  contain  standing water, aquatic plants and/or animals which are visible
     6  to the unaided eye.
     7  § 15-3507. Penalty for noncompliance.
     8    1. Any violation of section 15-3505  of  this  title  jeopardizes  the
     9  purpose of this title, and, thereby, the water bodies and native species
    10  populations of the state.
    11    2.  Any person who violates section 15-3505 of this title is guilty of
    12  a criminal violation and is punishable with a maximum two hundred  fifty
    13  dollar surcharge and up to fifteen days in jail.
    14  § 15-3509. Enforcement.

    15    All vehicles and boats are subject to inspection by any New York peace
    16  or  police officers or authorized enforcement agents as per the criminal
    17  procedure law.
    18    § 2. This act shall take effect on the one hundred eightieth day after
    19  it shall have become a law; provided, however, that effective immediate-
    20  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
    21  necessary  for  the implementation of this act on its effective date are
    22  authorized and directed to be made  and  completed  on  or  before  such
    23  effective date.
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