Senate Bill S4131

                                 BILL NUMBER:  S4131               REVISED 10/29/09

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to
making psittacine birds, especially Monk (Quaker) Parakeets, protected
birds


 PURPOSE OR GENERAL IDEA OF BILL :
This bill would protect Monk (Quaker) parakeets and psittacine birds.
Protecting Monk parakeets and psittacine birds enables nest sites to
not be disturbed intentionally without permit, unless the nest site is
a matter of imminent threat to public safety.

 SUMMARY OF PROVISIONS :
An amendment is made to paragraph A of subdivision 5 of section
11-0103 of the Environmental Conservation Law, as amended by chapter
47 of the laws of 1976, to read that psittacine birds be protected in
New York State.

 JUSTIFICATION :
Currently, wild Quaker Parakeets (a/k/a Monk Parakeets, species
Myiopsitta monachus), are unprotected in New York State. As these
highly intelligent birds have resided in the New York city area for
some forty years, it is requested that they be placed in "Protected"
status by amending the New York State Environmental Conservation Laws.
              

Protected status allows for the removal of nest sites through the
issuance of permits.

Because the Quaker parakeet is a wild bird, its natural habitat is
outdoors in its own environment. If measures can be implemented
allowing for this wild species to reside naturally in its natural
habitat, it is our intention then to legislate a State law calling for
the issuance of (a) permit(s) before a nest site can be removed due to
being an imminent threat to public safety.

Quaker parakeets are not harmful to the environment, have not
displaced and been a threat to any native species, and have not been
proven to cause damage to any public utilities. Although they are
considered pests by some because of the nature of their nest building,
they are - as a result of this rash thinking - trapped and euthanized
as pests by exterminators.

There are methods of nest removal that can be implemented without
negatively impacting on the flock survival, and without causing death
to flock members.

The Quaker parakeets have been known to build their nests on lighting
platforms or in structural spires where there is no consistency of
warmth. Quaker parakeets have and continue to build nest sites on
utility poles, within cemeteries and park locations, to name a few.

Finally, because some of these wild birds may have been adopted as
pets and are thus domesticated, they shall be excluded from being
illegal in a household.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.