STATE OF NEW YORK
________________________________________________________________________
3960--B
2015-2016 Regular Sessions
IN SENATE
February 24, 2015
___________
Introduced by Sen. ADDABBO -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
-- recommitted to the Committee on Environmental Conservation in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the environmental conservation law, in relation to
enacting the "monk parakeet protection act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. The legislature finds that the monk
2 parakeet has been existing in a wild, undomesticated state in New York
3 since the late 1960s. The ancestors of the current flocks are believed
4 to have been imported legally into the United States from their native
5 land in Argentina. Since then, monk parakeets have established colonies
6 in parts of New York city and lower Westchester county. Their colonies
7 are small, and the population of monk parakeets seems to be rather
8 stabilized over the past 20 years. It is estimated that there are less
9 than 1,000 wild monk parakeets in the state of New York. Reports of
10 poaching and less than humane regard for nesting sites have led to the
11 need for formal protection of this species, which is recognized as non-
12 native, but not currently categorized as invasive, according to the
13 report Regulatory System for Non-native Species (New York Invasive
14 Species Council, 2010). The purpose of this act is to protect the wild
15 monk parakeet (a/k/a Quaker parakeet), the parrot species Myiopsitta
16 monachus, living in a wild state in various parts of the state of New
17 York. This act shall also provide humane methods of relocation or
18 removal, especially where threat to human life, private or public prop-
19 erty, or agricultural concerns, are imminent.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04064-04-6
S. 3960--B 2
1 § 2. This act shall be known and may be cited as the "monk parakeet
2 protection act".
3 § 3. Article 11 of the environmental conservation law is amended by
4 adding a new title 27 to read as follows:
5 TITLE 27
6 MONK PARAKEET PROTECTION ACT
7 Section 11-2701. Definitions.
8 11-2703. Monk parakeets; protection.
9 § 11-2701. Definitions.
10 For purposes of this title, the following terms shall have the follow-
11 ing meanings:
12 1. "qualified individual" shall mean a person or persons with either a
13 degree in earth, biological or natural sciences, including geology,
14 environmental science, biology, zoology, or a specialization in orni-
15 thology;
16 2. "wild monk parakeet" shall mean a monk parakeet that was born in a
17 natural environment without human aid or intervention, and raised by its
18 own parents. The provisions of this title shall not apply to any monk
19 parakeet that is maintained in a breeding facility, or banded by a
20 breeder, or microchipped by a breeder or pet owner, or that is acquired
21 from a breeder or pet store and that is kept in a domestic situation as
22 a pet;
23 3. "qualified designated agent or authority" shall mean either a state
24 agency with qualified individuals, or an organization with members who
25 have a minimum of five years experience in the rescue and rehabilitation
26 of parrots or wild birds, and have at least two qualified individuals as
27 defined in subdivision one of this section. The qualified designated
28 agent or authority shall be affiliated with one or more avian veterina-
29 rians; and
30 4. "breeding season" shall mean the period of time beginning April
31 first and ending October first of a calendar year.
32 § 11-2703. Monk parakeets; protection.
33 1. No person shall capture or harm a wild monk parakeet chick, fledg-
34 ling, or adult, or take or sell its eggs, to any retail or private
35 establishment or concern.
36 2. No person shall remove the nest of a wild monk parakeet, unless
37 there is a documented and immediate threat to human life or public and
38 private property.
39 3. The collection of eggs, chicks, fledglings of wild monk parakeets,
40 or adult wild monk parakeets shall be done only under the supervision of
41 a designated and qualified individual or expert.
42 4. The removal of the nest of a wild monk parakeet, if necessary,
43 shall occur outside of breeding season, unless there is a documented and
44 immediate threat to human life or public and private property.
45 5. The state or a qualified designated agent or authority shall be
46 notified at least five days in advance of any proposal to remove the
47 nest of a wild monk parakeet. The designated agent or authority shall
48 propose alternative actions, and shall supervise any nest removals if an
49 alternative plan is not possible.
50 6. Private companies and organizations, utility companies, and govern-
51 mental agencies, shall make every effort to supply and erect alternative
52 nesting platforms where reasonably possible, if current wild monk parak-
53 eet nesting sites have been demonstrated to be a threat to human life,
54 private or public property, or agricultural concerns. Example plans and
55 drawings for nesting platforms shall be made available to the public on
56 the official webpage of the department.
S. 3960--B 3
1 7. If an effort to provide wild monk parakeets with alternative nest-
2 ing platforms fails or proves to be unsuccessful, an entity may employ
3 humane means to remove and euthanize wild monk parakeets, only as a last
4 resort. All other methods to provide alternative nesting options shall
5 be first exhausted. Such entity shall demonstrate in writing and
6 documentation that all efforts to provide alternatives have failed, and
7 shall outline the method by which euthanasia shall be applied. Such
8 entity shall also demonstrate that there is a documented and immediate
9 threat to human life or public and private property.
10 8. For purposes of this title:
11 a. the use of carbon monoxide or any other gas or vapor as a method of
12 euthanasia is prohibited;
13 b. the only acceptable form of euthanasia shall be by injection of an
14 anesthetic or anesthetic mixture which causes immediate and painless
15 cessation of pulmonary and coronary function; and
16 c. administration and supervision of the euthanasia procedure shall be
17 done by a licensed veterinarian, veterinary assistant or veterinary
18 technician.
19 9. The department may designate a qualified organization to carry out
20 the general administration of the provisions of this title.
21 10. A qualified organization designated pursuant to subdivision nine
22 of this section shall be entitled to reasonable reimbursement for
23 expenses in association with nest removal, from any entity so requesting
24 the services of such qualified organization. The requesting entity shall
25 provide, and operate, all necessary heavy equipment, including bucket
26 lifts or trucks. In addition, all expenses and costs associated with the
27 use of veterinary services for euthanasia shall be immediately reim-
28 bursed to the attending veterinarian by the requesting entity.
29 11. Any violation of the provisions of this title shall be a misdemea-
30 nor.
31 12. Nothing in this title shall be construed to prohibit or interfere
32 with the possession of a pet monk parakeet, or a domestically bred monk
33 parakeet, in this state, including but not limited to, prohibiting or
34 interfering with the possession, ownership, breeding, selling, or trans-
35 porting of a pet or domestically bred monk parakeet.
36 § 4. This act shall take effect on the sixtieth day after it shall
37 have become a law.
