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A09422 Summary:

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A09422 Floor Votes:

A09422 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9422--A
                                                                Cal. No. 469
 
                   IN ASSEMBLY
 
                                    February 29, 2012
                                       ___________
 
        Introduced  by  M.  of  A.  SWEENEY, SAYWARD, ROSENTHAL, PAULIN, LIFTON,
          ROBERTS, LUPARDO, GUNTHER,  JAFFEE,  MAGNARELLI,  ZEBROWSKI,  SCHIMEL,
          PEOPLES-STOKES,  MAISEL,  GALEF, LINARES, WEPRIN -- Multi-Sponsored by
          -- M. of A. BOYLAND, CLARK, GLICK, GOTTFRIED, JACOBS, P. LOPEZ,  MILL-

          MAN, PERRY, P. RIVERA, THIELE -- read once and referred to the Commit-
          tee  on Environmental Conservation -- passed by Assembly and delivered
          to the Senate, recalled  from  the  Senate,  vote  reconsidered,  bill
          amended,  ordered reprinted, retaining its place on the order of third
          reading
 
        AN ACT to amend the environmental conservation law and  the  agriculture
          and markets 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:
 
     1    Section 1. Section 9-1709 of the environmental  conservation  law,  as
     2  added  by  chapter  674  of the laws of 2007 and subdivisions 1 and 2 as
     3  amended by chapter 26 of the  laws  of  2008,  is  amended  to  read  as
     4  follows:
     5  § 9-1709. General powers and duties of the department.

     6    1.   The department, in cooperation with the department of agriculture
     7  and markets, shall restrict the sale, purchase, possession, propagation,
     8  introduction, importation, transport and disposal  of  invasive  species
     9  pursuant to this section.  The department and the department of agricul-
    10  ture  and  markets in consultation with the council, shall, after public
    11  hearing, promulgate joint regulations to develop:
    12    (a) a permit for prohibited species disposal,  control,  research  and
    13  education;
    14    (b) a list of prohibited species, which shall be unlawful to knowingly
    15  possess  with  the intent to sell, import, purchase, transport or intro-
    16  duce;
    17    (c) a list of prohibited species which shall be  unlawful  to  import,

    18  sell, purchase, propagate, transport, or introduce except under a permit
    19  for disposal, control, research, or education; and
    20    (d) a list of regulated species which shall be legal to possess, sell,
    21  buy,  propagate and transport but may not be knowingly introduced into a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14857-07-2
        A. 9422--A                          2
 
     1  free-living state or introduced by a means that one knew or should  have
     2  known would lead to the introduction into a free-living state.
     3    As  part  of  the  regulatory process, the departments and the council

     4  shall consider establishing grace periods for prohibited  and  regulated
     5  species so businesses can plan the management of existing stock.
     6    2.  For  the purpose of carrying out the provisions of this title, the
     7  department in cooperation with the department of agriculture and markets
     8  shall have the authority, within funds available, to:
     9    [1.] (a) establish, operate  and  maintain  state-wide  databases  and
    10  clearinghouses  for all taxa of invasive species that incorporate exist-
    11  ing data from agencies and organizations in the state, as well  as  from
    12  nearby states, provinces, Canada, and the federal government. Such data-
    13  bases  and  clearinghouses  may  provide the aggregate data on-line in a
    14  GIS;
    15    [2.] (b) coordinate state agency and public authority  actions  to  do
    16  the following:

    17    [(a)] (i) phasing out uses of invasive species;
    18    [(b)] (ii) expanding use of native species;
    19    [(c)]  (iii)  promoting  private  and  local  government use of native
    20  species as alternatives to invasive species; and
    21    [(d)] (iv) wherever practical  and  where  consistent  with  watershed
    22  and/or  regional  invasive  species  management  plans,  prohibiting and
    23  actively eliminating invasive species at project sites funded  or  regu-
    24  lated by the state; and
    25    [3.]  (c)  in  collaboration  with  the council, aid in the review and
    26  reform of relevant regulatory processes  to  remove  unnecessary  imped-
    27  iments to the restoration of invaded ecosystems.
    28    §  2. Section 71-0703 of the environmental conservation law is amended

    29  by adding a new subdivision 9 to read as follows:
    30    9. a. Any person who transports, sells, imports or introduces invasive
    31  species, in violation of the regulations promulgated pursuant to section
    32  9-1709 of this chapter shall be subject to the following:
    33    For any first violation in lieu of a penalty there  may  be  issued  a
    34  written warning by the department and there may also be issued education
    35  materials  at  the  discretion  of the department regarding requirements
    36  related to invasive species. Such person shall, however, for any  subse-
    37  quent  violation  thereafter  be  subject  to a fine of no less than two
    38  hundred fifty dollars.
    39    b. Any nursery grower licensed pursuant to  article  fourteen  of  the

    40  agriculture  and  markets  law, any person who owns or operates a public
    41  vessel as such term is defined in paragraph (a) of  subdivision  six  of
    42  section  two of the navigation law, or any person who owns or operates a
    43  commercial fishing vessel who transports, sells, imports  or  introduces
    44  invasive species in violation of the regulations promulgated pursuant to
    45  section  9-1709  of this chapter, shall be subject to a fine of not less
    46  than six hundred dollars upon the first penalty. Upon the second penalty
    47  such person shall be subject to a fine of not  less  than  two  thousand
    48  dollars. Upon a subsequent penalty and after a hearing or opportunity to
    49  be  heard  upon  due  notice the following penalties may apply: (i) such

    50  nursery grower may be subject to the revocation  procedures  of  section
    51  one  hundred  sixty-three-c of the agriculture and markets law (ii) such
    52  person's vessel registration may be suspended  or  (iii)  such  person's
    53  fishing permit may be revoked by the department.
    54    §  3.    Section  167 of the agriculture and markets law is amended by
    55  adding a new subdivision 3-a to read as follows:
        A. 9422--A                          3
 
     1    3-a. The department, in cooperation with the  department  of  environ-
     2  mental conservation shall restrict the sale, purchase, possession, prop-
     3  agation,  introduction,  importation, transport and disposal of invasive
     4  species pursuant to section 9-1709  of  the  environmental  conservation
     5  law.

     6    § 4. This act shall take effect on the one hundred eightieth day after
     7  it  shall  have  become  a law. Effective immediately, the department of
     8  environmental conservation and the department of agriculture and markets
     9  shall promulgate regulations to implement the provisions  of  this  act.
    10  Such regulations shall be completed on or before September 1, 2013.