senate Bill S6589A

2013-2014 Legislative Session

Relates to any department of environmental conservation management plan regarding mute swans

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Sponsored By

Archive: Last Bill Status Via A8790 - Vetoed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 17, 2014 tabled
vetoed memo.543
Dec 05, 2014 delivered to governor
Jun 18, 2014 returned to assembly
passed senate
3rd reading cal.1509
substituted for s6589a
Jun 18, 2014 substituted by a8790a
ordered to third reading cal.1509
committee discharged and committed to rules
May 15, 2014 print number 6589a
amend and recommit to environmental conservation
Feb 10, 2014 referred to environmental conservation

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S6589 - Bill Details

See Assembly Version of this Bill:
A8790A
Law Section:
Environmental Conservation

S6589 - Bill Texts

view summary

Relates to any adoption by the department of environmental conservation of a management plan concerning mute swans.

view sponsor memo
BILL NUMBER:S6589

TITLE OF BILL: An act establishing a moratorium on the department of
environmental conservation's plan to declare mute swans a "prohibited
invasive species"; and providing for the repeal of such provisions
upon expiration thereof

PURPOSE OF THE BILL: Imposes a 2 year moratorium on the eradication of
the mute swan population.

SUMMARY OF PROVISIONS:

Section 1 of the bill imposes a 2 year moratorium on the department of
environmental conservation's plan to declare mute swans a "prohibited
invasive species" and to eliminate all of the 2,200 mute swans in the
state by 2025 and requires the department of environmental
conservation to demonstrate that actual damage to the environment or
other species that have been caused by the mute swan population of
only 2,200 across the state.

Section 5 sets an immediate effective date and shall expire and be
deemed repealed after such effective date.

JUSTIFICATION: Wildlife experts, rehabilitators and environmentalists
do not unanimously agree that exterminating the mute swan population
is justified. In addition, there is debate amongst such experts about
whether the planned eradication of the mute swan population is even
minimally beneficial to the eco-system or to our environment.

Therefore, it is incumbent on the Department of Environmental
Conservation to illustrate the necessity of eradicating this
non-native species by demonstrating the actual damage to the
environment or other species caused by mute swans.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: This act shall take effect immediately and shall
expire and be deemed repealed after such effective date.

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

                                  6589

                            I N  S E N A T E

                            February 10, 2014
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT establishing a moratorium  on  the  department  of  environmental
  conservation's  plan  to  declare  mute  swans  a "prohibited invasive
  species"; and providing for the repeal of such provisions upon expira-
  tion thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Notwithstanding  section  11-0325  of  the  environmental
conservation law, or any other law, rule, or regulation to the contrary,
a moratorium is imposed on the  department  of  environmental  conserva-
tion's plan to declare mute swans a "prohibited invasive species" and to
eliminate  all of the 2,200 mute swans in the state by 2025. The depart-
ment of environmental conservation shall demonstrate the  actual  damage
to  the  environment  or other species that have been caused by the mute
swan population of only 2,200 across the state.
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed two years after such effective date.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13863-01-4

Co-Sponsors

S6589A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8790A
Law Section:
Environmental Conservation

S6589A (ACTIVE) - Bill Texts

view summary

Relates to any adoption by the department of environmental conservation of a management plan concerning mute swans.

view sponsor memo
BILL NUMBER:S6589A

TITLE OF BILL: An act establishing a moratorium on the department of
environmental conservation's plan to declare mute swans a "prohibited
invasive species"; and providing for the repeal of such provisions
upon expiration thereof

PURPOSE OF THE BILL: Imposes restrictions on the eradication of the
mute swan population

SUMMARY OF PROVISIONS:

Section 1 of the bill requires the department of environmental
conservation, prior to finalizing any management plan for mute swans,
to hold not less than two public hearings and to respond to all public
comments. In addition, any report would be required to prioritize
non-lethal management techniques and include scientific evidence of
projected and current environmental damage caused by the mute swan
population of only 2,200 across the state.

Section 2 establishes the effective date.

JUSTIFICATION: Wildlife experts, rehabilitators and environmentalists
do not unanimously agree that exterminating the mute swan population
is justified. In addition, there is debate amongst such experts about
whether the planned eradication of the mute swan population is even
minimally beneficial to the eco-system or to our environment.

Therefore, it is incumbent on the Department of Environmental
Conservation to illustrate the necessity of eradicating this
non-native species by demonstrating the actual damage to the
environment or other species caused by mute swans.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: This act shall take effect immediately and shall
expire and be deemed repealed two years after such effective date.

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

                                 6589--A

                            I N  S E N A T E

                            February 10, 2014
                               ___________

Introduced by Sens. AVELLA, CARLUCCI, HOYLMAN, SERRANO -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Environmental Conservation  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  establishing  a  moratorium  on the department of environmental
  conservation's plan to  declare  mute  swans  a  "prohibited  invasive
  species"; and providing for the repeal of such provisions upon expira-
  tion thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Prior to the adoption of any management plan for mute swans
(cygnus olor), a bird species for which the Atlantic flyway council  has
issued  a draft management plan, the department of environmental conser-
vation shall, after the effective date of this act, at a  minimum,  hold
not  less  than two public hearings in areas with mute swan populations,
following adequate public notice, and, after the  last  of  such  public
hearings,  include  a  public comment period of not less than forty-five
days. Any such management plan shall at a minimum:
  (a) give priority to non-lethal management techniques;
  (b) fully document the scientific basis for future population  projec-
tions;
  (c)  fully  document  the  scientific  basis for current and projected
environmental damage;
  (d) include a public education component; and
  (e) include responses to all substantive public comments.
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed two years after such effective date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13863-05-4

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