S T A T E   O F   N E W   Y O R K
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                                  8526

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              July 13, 2011
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Environmental Conservation

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:

  Section 1. Legislative intent. The legislature  finds  that  the  monk
parakeet  has  been existing in a wild, undomesticated state in New York
since the late 1960s. The ancestors of the current flocks  are  believed
to  have  been imported legally into the United States from their native
land in Argentina. Since then, monk parakeets have established  colonies
in  parts  of New York city and lower Westchester county. Their colonies
are small, and the population of  monk  parakeets  seems  to  be  rather
stabilized  over  the past 20 years. It is estimated that there are less
than 1,000 wild monk parakeets in the state  of  New  York.  Reports  of
poaching  and  less than humane regard for nesting sites have led to the
need for formal protection of this species, which is recognized as  non-
native,  but  not  currently  categorized  as invasive, according to the
report Regulatory System  for  Non-native  Species  (New  York  Invasive
Species  Council, 2010).  The purpose of this act is to protect the wild
monk parakeet (a/k/a Quaker parakeet),  the  parrot  species  Myiopsitta
monachus,  living  in  a wild state in various parts of the state of New
York. This act shall  also  provide  humane  methods  of  relocation  or
removal,  especially where threat to human life, private or public prop-
erty, or agricultural concerns, are imminent.
  S 2. This act shall be known and may be cited as  the  "monk  parakeet
protection act."
  S  3.  Article  11 of the environmental conservation law is amended by
adding a new title 27 to read as follows:
                                 TITLE 27
                      MONK PARAKEET PROTECTION ACT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02027-01-1
              

A. 8526                             2

SECTION 11-2701. DEFINITIONS.
        11-2703. MONK PARAKEETS; PROTECTION.
S 11-2701. DEFINITIONS.
  FOR PURPOSES OF THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
  1. "QUALIFIED INDIVIDUAL" SHALL MEAN A PERSON OR PERSONS WITH EITHER A
DEGREE  IN  EARTH,  BIOLOGICAL  OR  NATURAL SCIENCES, INCLUDING GEOLOGY,
ENVIRONMENTAL SCIENCE, BIOLOGY, ZOOLOGY, OR A  SPECIALIZATION  IN  ORNI-
THOLOGY;
  2.  "WILD MONK PARAKEET" SHALL MEAN A MONK PARAKEET THAT WAS BORN IN A
NATURAL ENVIRONMENT WITHOUT HUMAN AID OR INTERVENTION, AND RAISED BY ITS
OWN PARENTS. THE PROVISIONS OF THIS TITLE SHALL NOT APPLY  TO  ANY  MONK
PARAKEET  THAT IS BANDED BY A BREEDER AND PREVIOUSLY EXISTED IN A DOMES-
TIC SITUATION AS A PET;
  3. "QUALIFIED DESIGNATED AGENT OR AUTHORITY" SHALL MEAN EITHER A STATE
AGENCY WITH QUALIFIED INDIVIDUALS, OR AN ORGANIZATION WITH  MEMBERS  WHO
HAVE A MINIMUM OF FIVE YEARS EXPERIENCE IN THE RESCUE AND REHABILITATION
OF PARROTS OR WILD BIRDS, AND HAVE AT LEAST TWO QUALIFIED INDIVIDUALS AS
DEFINED  IN  SUBDIVISION  ONE  OF THIS SECTION. THE QUALIFIED DESIGNATED
AGENT OR AUTHORITY SHALL BE AFFILIATED WITH ONE OR MORE AVIAN  VETERINA-
RIANS; AND
  4.  "BREEDING  SEASON"  SHALL  MEAN THE PERIOD OF TIME BEGINNING APRIL
FIRST AND ENDING OCTOBER FIRST OF A CALENDAR YEAR.
S 11-2703. MONK PARAKEETS; PROTECTION.
  1. NO PERSON SHALL CAPTURE OR HARM A MONK PARAKEET  CHICK,  FLEDGLING,
OR  ADULT, OR TAKE OR SELL ITS EGGS, TO ANY RETAIL OR PRIVATE ESTABLISH-
MENT OR CONCERN.
  2. NO PERSON SHALL REMOVE THE NEST OF A MONK PARAKEET, UNLESS THERE IS
A DOCUMENTED AND IMMEDIATE THREAT TO HUMAN LIFE OR  PUBLIC  AND  PRIVATE
PROPERTY.
  3. THE COLLECTION OF EGGS, CHICKS, FLEDGLINGS, OR ADULT MONK PARAKEETS
SHALL  BE  DONE ONLY UNDER THE SUPERVISION OF A DESIGNATED AND QUALIFIED
INDIVIDUAL OR EXPERT.
  4. THE REMOVAL OF THE NEST OF A MONK  PARAKEET,  IF  NECESSARY,  SHALL
OCCUR OUTSIDE OF BREEDING SEASON, UNLESS THERE IS A DOCUMENTED AND IMME-
DIATE THREAT TO HUMAN LIFE OR PUBLIC AND PRIVATE PROPERTY.
  5.  THE  STATE  OR  A QUALIFIED DESIGNATED AGENT OR AUTHORITY SHALL BE
NOTIFIED AT LEAST FIVE DAYS IN ADVANCE OF ANY  PROPOSAL  TO  REMOVE  THE
NEST OF A MONK PARAKEET. THE DESIGNATED AGENT OR AUTHORITY SHALL PROPOSE
ALTERNATIVE  ACTIONS, AND SHALL SUPERVISE ANY NEST REMOVALS IF AN ALTER-
NATIVE PLAN IS NOT POSSIBLE.
  6. PRIVATE COMPANIES AND ORGANIZATIONS, UTILITY COMPANIES, AND GOVERN-
MENTAL AGENCIES, SHALL MAKE EVERY EFFORT TO SUPPLY AND ERECT ALTERNATIVE
NESTING PLATFORMS WHERE REASONABLY POSSIBLE, IF  CURRENT  MONK  PARAKEET
NESTING  SITES  HAVE  BEEN  DEMONSTRATED  TO  BE A THREAT TO HUMAN LIFE,
PRIVATE OR PUBLIC PROPERTY, OR AGRICULTURAL CONCERNS.  EXAMPLE PLANS AND
DRAWINGS FOR NESTING PLATFORMS SHALL BE MADE AVAILABLE TO THE PUBLIC  ON
THE OFFICIAL WEBPAGE OF THE DEPARTMENT.
  7.  IF  AN  EFFORT  TO PROVIDE MONK PARAKEETS WITH ALTERNATIVE NESTING
PLATFORMS FAILS OR PROVES TO  BE  UNSUCCESSFUL,  AN  ENTITY  MAY  EMPLOY
HUMANE  MEANS  TO  REMOVE  AND  EUTHANIZE MONK PARAKEETS, ONLY AS A LAST
RESORT. ALL OTHER METHODS TO PROVIDE ALTERNATIVE NESTING  OPTIONS  SHALL
BE  FIRST  EXHAUSTED.  SUCH  ENTITY  SHALL  DEMONSTRATE  IN  WRITING AND
DOCUMENTATION THAT ALL EFFORTS TO PROVIDE ALTERNATIVES HAVE FAILED,  AND
SHALL  OUTLINE  THE  METHOD  BY  WHICH EUTHANASIA SHALL BE APPLIED. SUCH

A. 8526                             3

ENTITY SHALL ALSO DEMONSTRATE THAT THERE IS A DOCUMENTED  AND  IMMEDIATE
THREAT TO HUMAN LIFE OR PUBLIC AND PRIVATE PROPERTY.
  8. FOR PURPOSES OF THIS TITLE:
  A. THE USE OF CARBON MONOXIDE OR ANY OTHER GAS OR VAPOR AS A METHOD OF
EUTHANASIA IS PROHIBITED;
  B.  THE ONLY ACCEPTABLE FORM OF EUTHANASIA SHALL BE BY INJECTION OF AN
ANESTHETIC OR ANESTHETIC MIXTURE WHICH  CAUSES  IMMEDIATE  AND  PAINLESS
CESSATION OF PULMONARY AND CORONARY FUNCTION; AND
  C. ADMINISTRATION AND SUPERVISION OF THE EUTHANASIA PROCEDURE SHALL BE
DONE  BY  A  LICENSED  VETERINARIAN,  VETERINARY ASSISTANT OR VETERINARY
TECHNICIAN.
  9. THE DEPARTMENT MAY DESIGNATE A QUALIFIED ORGANIZATION TO CARRY  OUT
THE GENERAL ADMINISTRATION OF THE PROVISIONS OF THIS TITLE.
  10.  A  QUALIFIED ORGANIZATION DESIGNATED PURSUANT TO SUBDIVISION NINE
OF THIS SECTION  SHALL  BE  ENTITLED  TO  REASONABLE  REIMBURSEMENT  FOR
EXPENSES IN ASSOCIATION WITH NEST REMOVAL, FROM ANY ENTITY SO REQUESTING
THE SERVICES OF SUCH QUALIFIED ORGANIZATION. THE REQUESTING ENTITY SHALL
PROVIDE,  AND  OPERATE,  ALL NECESSARY HEAVY EQUIPMENT, INCLUDING BUCKET
LIFTS OR TRUCKS. IN ADDITION, ALL EXPENSES AND COSTS ASSOCIATED WITH THE
USE OF VETERINARY SERVICES FOR EUTHANASIA  SHALL  BE  IMMEDIATELY  REIM-
BURSED TO THE ATTENDING VETERINARIAN BY THE REQUESTING ENTITY.
  11. ANY VIOLATION OF THE PROVISIONS OF THIS TITLE SHALL BE A MISDEMEA-
NOR.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law.