NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8790A
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
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 report would be required to prioritize non-lethal
management techniques and include 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.
Wildlife experts, rehabilitators and environmentalists do not unanimous-
ly 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 beneficial to
the eco-system or to our environment.
Therefore, it is incumbent on the Department of Environmental Conserva-
tion 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.
This act shall take effect immediately and shall expire and be deemed
repealed two years after such effective date.
STATE OF NEW YORK
February 14, 2014
Introduced by M. of A. CYMBROWITZ, THIELE, ENGLEBRIGHT, COLTON, SKOUFIS,
BROOK-KRASNY, LAVINE, LIFTON, CURRAN, GRAF, RAIA, SALADINO -- Multi-
Sponsored by -- M. of A. GARBARINO, McKEVITT, MOSLEY, WEISENBERG --
read once and referred to the Committee on Environmental Conservation
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
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-
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-
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.