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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9619B
SPONSOR: Lifton (MS) TITLE OF BILL: An act to amend the environmental conservation law, in
relation to aquatic invasive species, spread prevention, and penalties;
and providing for the repeal of such provisions upon the expiration
thereof
PURPOSE:
To amend the Environmental Conservation Law (ECL) by adding new sections
that will ensure reasonable precautions are taken to prevent the spread
of aquatic invasive species. Recreational boating is one of the primary
ways in which invasive species are inadvertently transported overland to
new waterways. Taking precautionary measures with watercraft and float-
ing docks at launch is a simple step that should be taken to prevent the
spread of invasive species and protect our waterways as well as the
industries that depend on them.
SUMMARY OF SPECIFIC PROVISIONS:
This legislation adds new sections to require, upon launch of a water-
craft or floating dock into a public waterbody or any inlet or outlet to
such waterbody, the demonstration of reasonable precautions such as
removal of any visible plant or animal matter, washing, draining or
drying as defined by the department pursuant to rules and regulations.
Additionally, the legislation would impose a civil penalty on individ-
uals found guilty of violating the provisions set forth in this legis-
lation, provided, however, that for any first violation in lieu of a
penalty there shall be issued a written warning by the Department, and
there shall also be issued educational materials at the discretion of
the Department.
Lastly, the legislation shall take effect one year after it shall have
become law, and shall expire and be deemed repealed on June 1, 2019.
JUSTIFICATION:
According to the Department of Environmental Conservation (DEC), aquatic
invasive species present a serious threat to our environment and econom-
ically important industries such as tourism, and commercial and recre-
ational fishing. These pests kill native plants and animals by carrying
harmful diseases or out-competing natural habitat, changing entire
ecosystems. Aquatic invasive species are one of the greatest threats to
the State's biodiversity. Once introduced, these species are nearly
impossible to eradicate, and expensive to manage. Nationally, the annu-
al cost to the economy is estimated at $120 billion a year and in New
York, managing invasive species has become a significant drain on local
economies. It is far more cost-effective to prevent the spread of these
species than attempt to control them once they have already been intro-
duced. In addition to the significant economic impact, the growth of
invasive species often prevents access to waterways important for the
fishing industry.
PRIOR LEGISLATIVE HISTORY:
None
FISCAL IMPLICATIONS:
Minimal
EFFECTIVE DATE:
This bill shall take effect one year after it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
9619--B
IN ASSEMBLY
May 13, 2014
___________
Introduced by M. of A. LIFTON, SWEENEY, RUSSELL, LUPARDO, ENGLEBRIGHT,
FAHY, LAVINE, JAFFEE -- Multi-Sponsored by -- M. of A. RIVERA, SCHIMEL
-- read once and referred to the Committee on Environmental Conserva-
tion -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- reported and referred to
the Committee on Codes -- reported and referred to the Committee on
Rules -- Rules Committee discharged, bill amended, ordered reprinted
as amended and recommitted to the Committee on Rules
AN ACT to amend the environmental conservation law, in relation to
aquatic invasive species, spread prevention, and penalties; and
providing for the repeal of such provisions upon the expiration there-
of
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) "Watercraft" shall mean every motorized or non-motorized boat or
6 vehicle capable of being used or operated as a means of transportation
7 or recreation in or on water.
8 (b) "Launch" shall mean to place a watercraft or floating dock into a
9 public waterbody or any inlet or outlet to such waterbody for any
10 purpose, including by trailer or other device or carrying by hand a
11 watercraft into the waterbody.
12 2. No person shall launch a watercraft or floating dock unless it can
13 be demonstrated that reasonable precautions such as removal of any visi-
14 ble plant or animal matter, washing, draining or drying as defined by
15 the department pursuant to rules and regulations, have been taken.
16 § 2. Section 71-0703 of the environmental conservation law is amended
17 by adding a new subdivision 10 to read as follows:
18 10. Any person who violates section 9-1710 of this chapter shall be
19 guilty of a violation and shall be punishable and liable to a civil
20 penalty as provided in subdivision one of this section, provided, howev-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15022-10-4
A. 9619--B 2
1 er, that for any first violation in lieu of a penalty there shall be
2 issued a written warning by the department and there shall also be
3 issued education materials at the discretion of the department regarding
4 requirements related to invasive species. Such person shall be subject
5 to a fine of up to one hundred fifty dollars for a second offense, up to
6 two hundred fifty dollars for a third offense, and no less than two
7 hundred fifty dollars nor more than one thousand dollars for a fourth or
8 subsequent offense.
9 § 3. Subdivision 1 of section 11-0323 of the environmental conserva-
10 tion law, as separately amended by section 19 of part H of chapter 58
11 and chapter 342 of the laws of 2012, is amended to read as follows:
12 1. The department shall compile and index each year after the adjourn-
13 ment of the legislature the laws relating to fish and wildlife, as well
14 as invasive species (as defined in section 9-1703 and 9-1710 of this
15 chapter), as amended to date. Copies of the compilation shall be printed
16 in pamphlet form of pocket size in the number for which the legislature
17 may appropriate funds.
18 § 4. This act shall take effect one year after it shall have become a
19 law, and shall expire and be deemed repealed June 1, 2019. Effective
20 immediately, the addition, amendment, and/or repeal of any rule or regu-
21 lation necessary for the timely implementation of this act on its effec-
22 tive date is authorized to be made on or before such effective date.
