|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Oct 21, 2013||
|Oct 09, 2013||
delivered to governor
|Jun 18, 2013||
returned to senate
ordered to third reading rules cal.412
substituted for a3767a
|Jun 17, 2013||
referred to codes
delivered to assembly
ordered to third reading cal.1407
committee discharged and committed to rules
|Jun 10, 2013||
referred to environmental conservation
senate Bill S5733Signed By Governor
Relates to the sale, distribution, transport and trade of eurasian boars
Archive: Last Bill Status - Signed by Governor
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
view actions (12)
Jun 17, 2013 - floor VoteS5733621floor62Aye1Nay0Absent0Excused0Abstained
show floor vote details
Floor Vote: Jun 17, 2013aye (62)
Jun 17, 2013 - Rules committee VoteS5733240committee24Aye0Nay0Aye with Reservations0Absent1Excused0Abstained
- show floor vote details
S5733 - Bill Details
S5733 - Bill Texts
Relates to the sale, distribution, transport and trade of eurasian boars.
view sponsor memo
TITLE OF BILL: An act to amend the environmental conservation law, in
relation to the sale, distribution, transport and trade of Eurasian
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
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
* They can kill and eat fawns and young domestic livestock.
* They eat almost any agricultural crop as well as tree seeds and
* 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
* 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.
view full text
S T A T E O F N E W Y O R K ________________________________________________________________________ 5733 2013-2014 Regular Sessions I N S E N A T E June 10, 2013 ___________ Introduced by Sen. LITTLE -- (at request of the Department of Environ- mental Conservation) -- 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 the sale, distribution, transport and trade of Eurasian boars THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph b of subdivision 29 of section 11-0103 of the environmental conservation law, as added by chapter 208 of the laws of 1999, is amended to read as follows: b. A captive bred North American big game mammal including: cougar, wolf, bear, bison, big horn sheep, mountain goat, antelope, elk, musk ox, mule deer, black tailed deer, caribou, [swine,] and a domestic game animal as defined in paragraph b of subdivision four of this section, provided, however, that nothing herein shall be deemed to expand, dimin- ish, or alter the department's authority under existing statute or regu- lation to regulate the taking of big game as defined in paragraph b of subdivision two of this section or other protected wildlife as defined in paragraph c of subdivision six of this section. S 2. The environmental conservation law is amended by adding a new section 11-0514 to read as follows: S 11-0514. EURASIAN BOARS PROHIBITED. 1. FOR PURPOSES OF THIS SECTION, "EURASIAN BOAR" SHALL MEAN ANY SUBSPECIES, BREED, OR HYBRID OF SWINE RECOGNIZED AS EURASIAN BOAR, RUSSIAN BOAR, WILD BOAR, WILD HOG, RAZORBACK, OR FERAL SWINE. "EURASIAN BOAR" SHALL NOT INCLUDE DOMESTIC PIGS (SUS SCROFA DOMESTICA) POSSESSED FOR MEAT PRODUCTION OR AS PETS, OR ANIMALS POSSESSED OR OWNED BY A ZOOLOGICAL PARK ACCREDITED BY THE ASSOCIATION OF ZOOS AND AQUARIUMS. 2. NO PERSON, FIRM, PARTNERSHIP, CORPORATION, OR GOVERNMENT ENTITY SHALL KNOWINGLY IMPORT, ALLOW TO BREED, OR INTRODUCE INTO THE WILD EURA- SIAN BOARS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08969-06-3 S. 5733 2 3. BEGINNING SEPTEMBER FIRST, TWO THOUSAND FIFTEEN, NO PERSON, FIRM, PARTNERSHIP, CORPORATION OR GOVERNMENT ENTITY SHALL KNOWINGLY POSSESS, SELL, OFFER FOR SALE, DISTRIBUTE, TRANSPORT, OR OTHERWISE MARKET OR TRADE LIVE EURASIAN BOARS. 4. THE DEPARTMENT MAY ADOPT RULES AND REGULATIONS NECESSARY TO IMPLE- MENT AND ADMINISTER THIS SECTION. S 3. Section 71-0925 of the environmental conservation law is amended by adding a new subdivision 15 to read as follows: 15. IF THE VIOLATION WAS A FIRST OR SECOND VIOLATION OF SECTION 11-0514 OF THIS CHAPTER, A FINE OF UP TO FIVE HUNDRED DOLLARS FOR EACH ANIMAL FOR EACH ACT OF IMPORTATION, POSSESSION, INTRODUCTION, SALE, OFFER FOR SALE, DISTRIBUTION, TRANSPORTATION OR OTHERWISE MARKETING OR TRADING. FOR A THIRD OR SUBSEQUENT SEPARATE VIOLATION OF SECTION 11-0514 OF THIS CHAPTER, THE GREATER OF A. A FINE OF ONE THOUSAND DOLLARS FOR EACH ANIMAL FOR EACH ACT OF IMPORTATION, BREEDING, POSSESSION, INTRODUCTION, SALE, OFFER FOR SALE, DISTRIBUTION, TRANSPOR- TATION OR OTHERWISE MARKETING OR TRADING OR B. AN AMOUNT EQUAL TO THREE TIMES (1) THE FINANCIAL SECURITY PROVIDED BY CUSTOMERS FOR THE OPPORTU- NITY TO TAKE THE ANIMAL OR (2) THE VALUE OF A BOAR FOR MEAT PRODUCTION OR AS BREEDING STOCK. S 4. This act shall 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 act may import such animals for 60 days after such effective date.
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.