BILL NUMBER:S5733

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to the sale, distribution, transport and trade of Eurasian
boars

Purpose of the Bill:  The purpose would amend the Environmental
Conservation Law (ECL) to prohibit the importation, possession, sale,
or release of Eurasian Boar in New York State.

Summary of provisions:

Section 1 of the bill would amend Environmental Conservation Law (ECL)
§ 11-0103(29) to delete the term swine from the definition of a
captive bred North American big game mammal.

Section 2 would add a new ECL § 11-0514 to provide a definition of
"Eurasian boar" and specifically exclude from the definition
domesticated pigs. This section would also, (i) immediately prohibit
the importation, breeding or release to the wild of Eurasian boar,
(ii) prohibit the possession, sale, distribution or transportation of
Eurasian boar - effective on September 1, 2015, and (iii) authorize
the Department of Environmental Conservation (DEC) to adopt rules and
regulations necessary to implement and administer this section.

Section 3 would amend ECL § 71-0925(15) to provide for the imposition
              

of a civil penalty associated with violating ECL § 11-0514.

Section 4 would provide that the bill would take effect immediately;
provided, however, that any person, firm, partnership or corporation
which has a contract to import Eurasian boars as of the effective date
of this bill may import such animals for sixty days following
enactment.

Existing law:  ECL Article 11 authorizes DEC to regulate and manage
the state's wildlife - Title 3 of which sets forth DEC's general
powers and duties related to management of fish and wildlife
resources. ECL Article 71, Title 9 sets forth enforcement provisions
related to the Fish and Wildlife Law.

Prior Legislative history:  This is a new bill.

Statement in Support:  Eurasian boars - often referred to as wild
boar, razorback, and Russian boar - are wild boars native to Europe
and Asia or a hybrid between a Eurasian boar and a domestic pig.
Eurasian boars are new to the New York landscape and represent a
threat to the public health and welfare absent immediate action, based
on their adaptability and naturally destructive behavior. In this
respect, many Eurasian boars have escaped or been released from
enclosed shooting facilities, breeding facilities or animal
sanctuaries, and are now loose in the more rural areas of the State.
Unlike domesticated farm pigs, Eurasian boars mature in 6-10 months
and can breed up to twice a year, with litters averaging 6-8 piglets.
The population of Eurasian boars in any given area can double or even
triple in a single year.


Eurasian boars in New York can have serious adverse impacts on native
plants and wildlife, livestock, agriculture, and public health:

* They consume the nests and eggs of ground nesting birds and
reptiles.

* They can kill and eat fawns and young domestic livestock.

* They eat almost any agricultural crop as well as tree seeds and
seedlings.

* Their rooting and wallowing habits destroy crops and native
vegetation, cause erosion, and negatively affect water quality. Every
Eurasian boar in the wild is estimated to destroy 11 acres of wetlands
in its lifetime.

* They have razor sharp tusks and can be aggressive toward humans and
their pets.

* They carry and can transmit several serious diseases including swine
brucellosis, E. coli, trichinosis, and pseudorabies to livestock and
/or humans. Some of these diseases, if introduced to domestic swine,
can decimate the pork industry and could result in losing the ability
to ship animals to other states.

Due to their aggressive nature and size, Eurasian boars are very
difficult to contain. Voluntary management practices such as fencing,
sterilization, and branding are insufficient and unenforceable as
these animals have been known to escape from game breeders, shooting
facilities, and sanctuaries despite fencing and other preventive
measures. Recovery of escaped animals is very difficult and costly.
For example, DEC and the Animal and Plant Health Inspection Service
(part of USDA) worked cooperatively to remove 35 boars in Clinton
County over the course of a year. DEC's cost alone was $68,000 -- more
than $2,600 per animal.

Other parts of the country where hunting preserves have long been
established have seen a proliferation of problems related to Eurasian
boars. For example, Eurasian boars located in Texas cause an estimated
$52 million per year in damages to crops, with landowners spending an
estimated $7 million annually on the control and/or correction of
damage. A 2011 survey from the Georgia Feral Hog Working Group found
that losses due to wild pigs exceeded $81 million, including the
destruction of wildlife sea turtle nests and damage to dikes. Alabama
has reported populations of Eurasian boar in every county of the
state, with millions of dollars in damage to public property,
including rooting damage, lowered water quality, damage to timber,
wetlands and endangered plant and native wildlife communities. There
is growing evidence of these same problems occurring in New York.
Farmers in Tioga, Delaware, Clinton, Cortland and Onondaga Counties
have reported damage to various crops caused by Eurasian boar. There
have also been complaints of attacks on wildlife, pets and domestic
livestock. The numerous adverse effects to public health and safety,
when added to the difficulty of containing Eurasian boars, make this
species a public nuisance. To address this public nuisance, the State
must take immediate action to ensure that any type of farming or
hunting preserves related to Eurasian boars is prohibited


Under existing law, Eurasian boars may be possessed legally, including
for the purposes of hunting and meat production. There are thirteen
known enclosed shooting facilities that include boar. Some of the
facilities charge $350 to $1,000 per animal for the opportunity to
hunt. This bill would prohibit the possession, sale, trade and
transportation of Eurasian boar in an effort to eliminate Eurasian
boar from New York's landscape. This bill would also authorize DEC to
promulgate regulations necessary to implement these prohibitions and
ensure that Eurasian boars do not become established in the wild. To
allow the owners of facilities with Eurasian boar the opportunity to
realize the economic benefit associated with their operations and to
allow for an appropriate disposition, the bill authorizes the
continued possession of these animals for two years after enactment
through August 31, 2015.

Budget Implications:  None.

Local Impact:  None.

Effective Date:  This bill would take effect immediately; provided,
however, that any person, firm, partnership or corporation which has a
contract to import Eurasian boars as of the effective date of this
bill may import such animals for sixty days following enactment.