senate Bill S6667

2013-2014 Legislative Session

Imposes a moratorium on any plan or proposed plan of the department of environmental conservation to designate the mute swan as a prohibited invasive species or eliminate the mute swan from New York state

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2014 referred to environmental conservation
delivered to assembly
passed senate
ordered to third reading cal.1512
committee discharged and committed to rules
Feb 25, 2014 referred to environmental conservation

Votes

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S6667 - Bill Details

See Assembly Version of this Bill:
A8857
Current Committee:
Law Section:
Environmental Conservation

S6667 - Bill Texts

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Imposes a moratorium on any plan or proposed plan of the department of environmental conservation to designate the mute swan as a prohibited invasive species or eliminate the mute swan from New York state.

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BILL NUMBER:S6667

TITLE OF BILL: An act in relation to imposing a moratorium on any
plan or proposed plan of the department of environmental conservation
to designate the mute swan as a prohibited invasive species or
eliminate the mute swan from New York state

PURPOSE: To impose a moratorium on the designation of mute swans as a
prohibited invasive species and the proposed management plan which
would eliminate the species in New York State until an independent
committee can report on whether such a designation should be made.

SUMMARY OF PROVISIONS:

Section 1. Imposes a moratorium on the designation of the mute swan as
a prohibited invasive species. Also imposes a moratorium on the
adoption and implementation of a management plan for mute swans.

Section 2. Provides for a committee to study the mute swan to
determine whether or not the swan should be designated a prohibited
species and, if so, should be eliminated in New York. The committee is
tasked to investigate management methods other than elimination and
make specific findings on each alternative. The committee appointed by
the Governor and Legislature, will be composed of seven members who
have knowledge and expertise in wildlife management and will report to
the Governor and Legislature within a year.

Section 3. Provides the moratorium shall remain in place until one
hundred and twenty days after the filing of the report.

JUSTIFICATION: Mute swans have graced the ponds and waterways of Long
Island, the lower Hudson Valley and the shores of Lake Ontario for
over 120 years. While not a native species, the swans have become a
familiar sight and part of the ecology of these areas. The Department
of Environmental Conservation has filed draft regulations and a draft
management plan which would designate the mute swan as a prohibited
invasive species and provide for the elimination of the species in New
York State through various methods including euthanizing the animals.

This drastic approach has lead to questions about the basis of the
study conducted by the DEC and the necessity of a total elimination of
the mute swan. There are arguments that the population can be
maintained and controlled on a regional basis. Before the complete
eradication of a species, all avenues of possible preservation should
be explored. This legislation would allow an independent committee to
review the facts and examine all the alternative methods of dealing
with the mute swan.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: Immediately.

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

    S. 6667                                                  A. 8857

                      S E N A T E - A S S E M B L Y

                            February 25, 2014
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Environmental
  Conservation

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

AN ACT in relation to imposing a moratorium on any plan or proposed plan
  of the department of environmental conservation to designate the  mute
  swan  as a prohibited invasive species or eliminate the mute swan from
  New York state

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

  Section  1. Notwithstanding any provisions of law, rule, or regulation
to the contrary, a moratorium is imposed on:
  a. any plan or  proposed  plan  of  the  department  of  environmental
conservation  to  designate  the  mute  swan  as  a  prohibited invasive
species; and
  b. the implementation of any management plan for  mute  swans  in  New
York state, including, but not limited to, any such management plan that
provides for the elimination of mute swans from New York state.
  S  2.  a.  There  is  hereby established a committee to study the mute
swan.  Such study shall undertake, as its primary  focus,  to  determine
whether  or  not the mute swan shall be designated as a prohibited inva-
sive species and, if so designated, whether or  not  the  population  of
mute  swans in New York state should be eliminated.  The committee shall
consider modalities other than the elimination of the species  and  make
specific  findings  as  to  the  efficacy  of those alternatives.   Such
committee shall report the findings of its study to the governor and the
legislature no later than one year after the effective date of this act.
  b. Such committee shall consist of seven members as  follows:    three
members who shall be appointed by the governor; two members who shall be
appointed  by the temporary president of the senate; and two members who
shall be appointed by the speaker of the assembly.  There  shall  be  no
more  than  one  member who is an employee of the department of environ-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14133-03-4

S. 6667                             2                            A. 8857

mental conservation.  The committee shall select a chairperson from  the
members appointed by the governor.
  c.  The  appointed  members of the committee shall each have knowledge
and expertise in wildlife management, including, but not limited to  the
control of prohibited invasive species.
  d.  Appointed  members of the committee shall serve at the pleasure of
their appointing authority. A vacancy  in  membership  by  an  appointed
member  shall  be filled in the same manner as the original appointment.
Members of  the  committee  shall  receive  no  compensation  for  their
services but shall be reimbursed for all expenses actually and necessar-
ily incurred by them in the performance of their duties.
  S  3. The moratorium set forth in section one of this act shall remain
in full force and effect until 120 days after the committee to study the
mute swan reports its findings to the governor and  the  legislature  as
set forth in section two of this act.
  S 4. This act shall take effect immediately.

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