senate Bill S6826

Amended

Requires the department of environmental conservation to take action with respect to nonnative animal and plant species

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 27 / Mar / 2012
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 26 / Apr / 2012
    • 1ST REPORT CAL.599
  • 30 / Apr / 2012
    • 2ND REPORT CAL.
  • 01 / May / 2012
    • ADVANCED TO THIRD READING
  • 12 / Jun / 2012
    • AMENDED ON THIRD READING (T) 6826A
  • 19 / Jun / 2012
    • SUBSTITUTED BY A9422A

Summary

Requires the department of environmental conservation, in cooperation with the department of agriculture and markets, to take action with respect to nonnative animal and plant species.

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Bill Details

See Assembly Version of this Bill:
A9422
Versions:
S6826
S6826A
Legislative Cycle:
2011-2012
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§9-1709 & 71-0703, En Con L; amd §167, Ag & Mkts L

Sponsor Memo

BILL NUMBER:S6826

TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
nonnative animal and plant species

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to strengthen controls regarding the
prevention, spread and control of invasive species.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would:

Require the Department of Environmental Conservation (DEC), in
cooperation with the Department of Agriculture and Markets (DAM) to:

o regulate the sale, purchase, possession, introduction, importation
and transport of invasive species; and,

o in consultation with the Invasive Species Council, promulgate
regulations to develop:

- permits for prohibited species disposal, control, research and
education;

- a system for regulating the sale, purchase, possession,
introduction, importation and transport of invasive species, such
system regulations would contain:

- a list of prohibited species unlawful to possess with the intent to
sell, import, purchase, transport or introduce, import, sell,
purchase, propagate, transport, or introduce except under a permit for
disposal, control, research, or education; and

- a list of regulated species that would be legal to possess, sell,
buy, propogate and transport but may not be knowingly introduced into
a free-living state;

- if deemed necessary, grace periods for prohibited and regulated
species so businesses can plan the management of existing stock

o establish penalties for violations of invasive species regulations

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Amends §9-1709 (1), (2) and adds a new §71-0703 to the Environmental
Conservation Law.

JUSTIFICATION:
Invasive species threaten New York's environment by out-competing
native species, diminishing biological diversity, and Changing whole
ecosystems including those within public parks and waterways. At an
Assembly public hearing to solicit public input on the best methods
for preventing the introduction of invasive species and combating the
invasive species already present held in September 2011, the myriad of
problems associated with invasive species received extensive
discussion. In order to help mitigate the devastating environmental


and economic impacts of invasive species, this legislation would
provide DEC with explicit authority to regulate the sale, purchase,
possession, introduction, importation and transport of invasive
species and establish penalties for those who violate such
regulations.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State.

EFFECTIVE DATE:
This act shall take effect 180 days after enactment.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6826

                            I N  S E N A T E

                             March 27, 2012
                               ___________

Introduced  by Sens. LITTLE, GRISANTI -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Environmental
  Conservation

AN  ACT  to  amend  the  environmental  conservation 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:

  Section  1.  Section  9-1709 of the environmental conservation law, as
added by chapter 674 of the laws of 2007 and subdivisions  1  and  2  as
amended  by  chapter  26  of  the  laws  of  2008, is amended to read as
follows:
S 9-1709. General powers and duties of the department.
  1.  THE DEPARTMENT, IN COOPERATION WITH THE DEPARTMENT OF  AGRICULTURE
AND  MARKETS,  SHALL  REGULATE THE SALE, PURCHASE, POSSESSION, INTRODUC-
TION, IMPORTATION AND TRANSPORT OF INVASIVE  SPECIES  PURSUANT  TO  THIS
SECTION.  THE DEPARTMENT, IN COOPERATION WITH THE DEPARTMENT OF AGRICUL-
TURE  AND  MARKETS  AND  IN  CONSULTATION WITH THE COUNCIL, SHALL, AFTER
PUBLIC HEARING, PROMULGATE REGULATIONS TO DEVELOP:
  (A) A PERMIT FOR PROHIBITED SPECIES DISPOSAL,  CONTROL,  RESEARCH  AND
EDUCATION; AND
  (B)  A SYSTEM FOR REGULATING THE SALE, PURCHASE, POSSESSION, INTRODUC-
TION, IMPORTATION AND TRANSPORT OF INVASIVE SPECIES. SUCH  SYSTEM  REGU-
LATIONS  SHALL CONTAIN: (I) A LIST OF PROHIBITED SPECIES, WHICH SHALL BE
UNLAWFUL TO POSSESS WITH THE INTENT TO SELL, IMPORT, PURCHASE, TRANSPORT
OR INTRODUCE OR TO IMPORT,  SELL,  PURCHASE,  PROPAGATE,  TRANSPORT,  OR
INTRODUCE  EXCEPT  UNDER  A  PERMIT  FOR DISPOSAL, CONTROL, RESEARCH, OR
EDUCATION; AND (II) A LIST OF REGULATED SPECIES WHICH SHALL BE LEGAL  TO
POSSESS,  SELL,  BUY,  PROPAGATE  AND TRANSPORT BUT MAY NOT BE KNOWINGLY
INTRODUCED INTO A FREE-LIVING STATE OR INTRODUCED BY A  MEANS  THAT  ONE
KNEW  OR  SHOULD  HAVE  KNOWN  WOULD  LEAD  TO  THE  INTRODUCTION INTO A
FREE-LIVING STATE.
  AS PART OF THE REGULATORY PROCESS, THE  DEPARTMENTS  AND  THE  COUNCIL
SHALL  CONSIDER  ESTABLISHING GRACE PERIODS FOR PROHIBITED AND REGULATED
SPECIES SO BUSINESSES CAN PLAN THE MANAGEMENT OF EXISTING STOCK.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14857-02-2

S. 6826                             2

  2. For the purpose of carrying out the provisions of this  title,  the
department in cooperation with the department of agriculture and markets
shall have the authority, within funds available, to:
  [1.]  (A)  establish,  operate  and  maintain state-wide databases and
clearinghouses for all taxa of invasive species that incorporate  exist-
ing  data  from agencies and organizations in the state, as well as from
nearby states, provinces, Canada, and the federal government. Such data-
bases and clearinghouses may provide the aggregate  data  on-line  in  a
GIS;
  [2.]  (B)  coordinate  state agency and public authority actions to do
the following:
  [(a)] (I) phasing out uses of invasive species;
  [(b)] (II) expanding use of native species;
  [(c)] (III) promoting private  and  local  government  use  of  native
species as alternatives to invasive species; and
  [(d)]  (IV)  wherever  practical  and  where consistent with watershed
and/or regional  invasive  species  management  plans,  prohibiting  and
actively  eliminating  invasive species at project sites funded or regu-
lated by the state; and
  [3.] (C) in collaboration with the council,  aid  in  the  review  and
reform  of  relevant  regulatory  processes to remove unnecessary imped-
iments to the restoration of invaded ecosystems.
  S 2. Section 71-0703 of the environmental conservation law is  amended
by adding a new subdivision 9 to read as follows:
  9. A. ANY PERSON WHO TRANSPORTS, SELLS, IMPORTS OR INTRODUCES INVASIVE
SPECIES, IN VIOLATION OF THE REGULATIONS PROMULGATED PURSUANT TO SECTION
9-1709 OF THIS CHAPTER SHALL BE SUBJECT TO THE FOLLOWING:
  FOR  ANY  FIRST  VIOLATION  IN LIEU OF A PENALTY THERE MAY BE ISSUED A
WRITTEN WARNING BY THE DEPARTMENT AND THERE MAY ALSO BE ISSUED EDUCATION
MATERIALS AT THE DISCRETION OF  THE  DEPARTMENT  REGARDING  REQUIREMENTS
RELATED  TO INVASIVE SPECIES. SUCH PERSON SHALL, HOWEVER, FOR ANY SUBSE-
QUENT VIOLATION THEREAFTER BE SUBJECT TO A FINE  OF  NO  LESS  THAN  TWO
HUNDRED FIFTY DOLLARS.
  B.  ANY  NURSERY  GROWER  LICENSED PURSUANT TO ARTICLE FOURTEEN OF THE
AGRICULTURE AND MARKETS LAW, ANY PERSON WHO OWNS OR  OPERATES  A  PUBLIC
VESSEL  AS  SUCH  TERM IS DEFINED IN PARAGRAPH (A) OF SUBDIVISION SIX OF
SECTION TWO OF THE NAVIGATION LAW, OR ANY PERSON WHO OWNS OR OPERATES  A
COMMERCIAL  FISHING  VESSEL WHO TRANSPORTS, SELLS, IMPORTS OR INTRODUCES
INVASIVE SPECIES IN VIOLATION OF THE REGULATIONS PROMULGATED PURSUANT TO
SECTION 9-1709 OF THIS CHAPTER, SHALL BE SUBJECT TO A FINE OF  NOT  LESS
THAN SIX HUNDRED DOLLARS UPON THE FIRST PENALTY. UPON THE SECOND PENALTY
SUCH  PERSON  SHALL  BE  SUBJECT TO A FINE OF NOT LESS THAN TWO THOUSAND
DOLLARS. UPON A SUBSEQUENT PENALTY AND AFTER A HEARING OR OPPORTUNITY TO
BE HEARD UPON DUE NOTICE THE FOLLOWING PENALTIES  MAY  APPLY:  (I)  SUCH
NURSERY  GROWER  MAY  BE SUBJECT TO THE REVOCATION PROCEDURES OF SECTION
ONE HUNDRED SIXTY-THREE-C OF THE AGRICULTURE AND MARKETS LAW  (II)  SUCH
PERSON'S  VESSEL  REGISTRATION  MAY  BE SUSPENDED OR (III) SUCH PERSON'S
FISHING PERMIT MAY BE REVOKED BY THE DEPARTMENT.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective  immediately,  the  department  of
environmental conservation shall promulgate regulations to implement the
provisions of this act. Such regulations shall be completed on or before
September 1, 2013.

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