senate Bill S5733

Signed By Governor
2013-2014 Legislative Session

Relates to the sale, distribution, transport and trade of eurasian boars

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 21, 2013 signed chap.417
Oct 09, 2013 delivered to governor
Jun 18, 2013 returned to senate
passed assembly
ordered to third reading rules cal.412
substituted for a3767a
Jun 17, 2013 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1407
committee discharged and committed to rules
Jun 10, 2013 referred to environmental conservation

Votes

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Co-Sponsors

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S5733 - Bill Details

See Assembly Version of this Bill:
A3767A
Law Section:
Environmental Conservation Law
Laws Affected:
Add §11-0514, amd §§11-0103 & 71-0925, En Con L
Versions Introduced in 2011-2012 Legislative Session:
A9438A

S5733 - Bill Texts

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Relates to the sale, distribution, transport and trade of eurasian boars.

view sponsor memo
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.

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                    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.

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