NY State Senate Bill 2013-S7851B

Archive: Last Bill Status Via A9619 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 02, 2014	signed chap.330
Aug 25, 2014	delivered to governor
Jun 20, 2014	returned to assembly passed senate 3rd reading cal.1703 substituted for s7851b
Jun 20, 2014	substituted by a9619b ordered to third reading cal.1703 committee discharged and committed to rules
Jun 16, 2014	print number 7851b
Jun 16, 2014	amend (t) and recommit to environmental conservation
Jun 14, 2014	print number 7851a
Jun 14, 2014	amend and recommit to environmental conservation
Jun 13, 2014	referred to environmental conservation

Votes

- Jun 20, 2014 - Floor Vote
  A9619
  
  49
  
  Aye
  
  10
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 20, 2014
      
      aye (49)
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Farley
      
      Felder
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Rivera
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (10)
      
      DeFrancisco
      
      Flanagan
      
      Griffo
      
      Libous
      
      Maziarz
      
      Nozzolio
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Seward
      
      excused (2)
      
      Diaz
      
      Espaillat
  Jun 20, 2014 - Rules Committee Vote
  S7851B
  
  19
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  3
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 20, 2014
      
      aye (19)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      nay (1)
      
      Nozzolio
      
      aye wr (1)
      
      Seward
      
      absent (3)
      
      Dilan
      
      Parker
      
      Perkins
      
      excused (1)
      
      Espaillat

Bill Amendments

Original

B (Active)

2013-S7851 - Details

See Assembly Version of this Bill:: A9619
Law Section:: Environmental Conservation Law
Laws Affected:: Add §9-1710, amd §§71-0703 & 11-0323, En Con L

2013-S7851 - Summary

Relates to aquatic invasive species and spread prevention; provides relevant definitions and further relates to launching and environmental concerns; stipulates penalties for violation of this section.

2013-S7851 - Sponsor Memo

                                BILL NUMBER:S7851

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to aquatic invasive species, spread prevention, and penalties

PURPOSE:

To amend the Environmental Conservation Law (ECL) by adding a new
sections that would require individuals to clean, drain and dry
watercrafts and gear when entering and leaving a boat launch site.
Recreational boating is one of the primary ways in which invasive
species are inadvertently transported overland to new waterways.
Taking measures to clean, drain and dry watercrafts and gear after
each use is a simple step that should be taken to prevent the spread
of invasive species and protect our waterways as well as the
industries that depend on them.

SUMMARY OF SPECIFIC PROVISIONS:

This legislation adds new sections to require the removal of all
visible plants and animals from motorized and non-motorized watercraft
and related gear when entering and leaving a launch site.

Additionally, the legislation requires the draining of watercrafts,
including bilge areas, livewells, bait wells and ballast tanks when
entering and leaving a launch site.

Lastly, the legislation authorized the department to impose a civil
penalty on individuals found guilty of violating the provisions set
forth in this legislation, provided, however, that for any first
violation in lieu of a penalty a written warning shall be issued by
the department and written education materials regarding requirements
related to invasive species will be provided.

JUSTIFICATION:

According to the Department of Environmental Conservation (DEC),
aquatic invasive species present a serious threat to our environment
and economically important industries such as tourism, and commercial
and recreational fishing. These pests kill native plants and animals
by carrying harmful diseases or out-competing natural habitat,
changing entire ecosystems. Aquatic invasive species are one of the
greatest threats to the State's biodiversity - once introduced, these
species are nearly impossible to eradicate, and expensive to manage.
Nationally, the annual cost to the economy is estimated at $120
billion a year and in New York, managing invasive species has become a
significant drain on local economies. It is far more cost-effective to
prevent the spread of these species than attempt to control them once
they have already been introduced. In addition to the significant
economic impact, the growth of invasive species often prevents access
to waterways important for the fishing industry.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:


Minimal.

EFFECTIVE DATE:

This bill shall take effect on the ninetieth day after it shall have
become a law.

2013-S7851 - Bill Text download pdf

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

                                  7851

                            I N  S E N A T E

                              June 13, 2014
                               ___________

Introduced  by  Sen.  O'MARA -- 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
  aquatic invasive species, spread prevention, and penalties

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

  Section 1. The environmental conservation law is amended by  adding  a
new section 9-1710 to read as follows:
S 9-1710. AQUATIC INVASIVE SPECIES; SPREAD PREVENTION.
  1. FOR PURPOSES OF THIS SECTION:
  (A)  "ANIMAL" SHALL MEAN EVERY LIVING AND NON-LIVING CREATURE EXCEPT A
HUMAN BEING, DOG OR OTHER COMPANION ANIMAL AS DEFINED IN  SECTION  THREE
HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
  (B)  "WATERCRAFT"  SHALL MEAN EVERY MOTORIZED OR NON-MOTORIZED BOAT OR
VEHICLE CAPABLE OF BEING USED OR OPERATED AS A MEANS  OF  TRANSPORTATION
OR RECREATION IN OR ON WATER.
  (C) "LAUNCH" SHALL MEAN TO PLACE A WATERCRAFT INTO A WATERBODY FOR ANY
PURPOSE,  INCLUDING  BY  TRAILER  OR  OTHER DEVICE OR CARRYING BY HAND A
WATERCRAFT INTO THE WATERBODY.
  2. NO PERSON SHALL LAUNCH, OR ATTEMPT TO LAUNCH A  WATERCRAFT  FROM  A
BOAT LAUNCHING SITE, A FISHING ACCESS SITE, OR ANY OTHER SITE FROM WHICH
A  WATERCRAFT  MAY BE LAUNCHED, OR LEAVE FROM THESE SITES WITH ANY PLANT
OR ANIMAL, OR PARTS THEREOF, VISIBLE  TO  THE  HUMAN  EYE,  IN,  ON,  OR
ATTACHED  TO ANY PART OF THE WATERCRAFT, INCLUDING LIVEWELLS, THE MOTOR,
RUDDER, ANCHOR OR OTHER APPURTENANCE; ANY EQUIPMENT; OR THE TRAILING  OR
ANY  OTHER DEVICE USED TO TRANSPORT OR LAUNCH A WATERCRAFT THAT MAY COME
INTO CONTACT WITH THE WATER, UNLESS IT CAN BE DEMONSTRATED THAT  REASON-
ABLE  PRECAUTIONS  HAVE BEEN TAKEN TO SATISFY THIS SECTION OR ARE OTHER-
WISE AUTHORIZED BY THE DEPARTMENT.
  3. NO PERSON SHALL LAUNCH, OR ATTEMPT TO LAUNCH A  WATERCRAFT  FROM  A
BOAT LAUNCHING SITE, A FISHING ACCESS SITE, OR ANY OTHER SITE FROM WHICH
A WATERCRAFT MAY BE LAUNCHED, OR LEAVE FROM THESE SITES WITHOUT DRAINING
THE WATERCRAFT, INCLUDING BILGE AREAS, LIVEWELLS, BAIT WELLS AND BALLAST
TANKS,  UNLESS  IT  CAN BE DEMONSTRATED THAT REASONABLE PRECAUTIONS HAVE

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

                                                           LBD15022-06-4

S. 7851                             2

BEEN TAKEN TO SATISFY THIS SECTION OR ARE OTHERWISE  AUTHORIZED  BY  THE
DEPARTMENT.
  4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO:
  (A)  NATIVE  PLANTS AFFIXED TO OR TRANSPORTED IN WATERCRAFT FOR USE AS
CAMOUFLAGE FOR HUNTING OR WILDLIFE VIEWING PURPOSES.
  (B) BAIT, INCLUDING BAITFISH, THAT CAN LEGALLY BE USED ON A  WATERBODY
AND IS POSSESSED CONSISTENT WITH ALL APPLICABLE LAW AND REGULATIONS.
  (C)  LEGALLY TAKEN GAME AS DEFINED IN SUBDIVISION 2 OF SECTION 11-0103
OF THIS CHAPTER OR FISH AS DEFINED IN PARAGRAPH A OF  SUBDIVISION  1  OF
SUCH SECTION.
  (D)  THE  USE  OF  PLANTS  OR  ANIMALS  FOR  HABITAT RESTORATION, WEED
CONTROL, SCIENTIFIC RESEARCH, AQUACULTURE, OR OTHER ACTIVITY, CONSISTENT
WITH  ALL  APPLICABLE  LAWS  AND  REGULATIONS  RELATED  TO  THEIR   USE,
POSSESSION OR HARVEST.
  (E)  INTENTIONAL  TRANSPORT  OF  PLANTS  OR ANIMALS NOT DEFINED IN LAW
RULES OR REGULATIONS AS INVASIVE SPECIES CONTAINED WITHIN A  WATERCRAFT,
INCLUDING FOOD FOR HUMAN CONSUMPTION.
  S  2. Section 71-0703 of the environmental conservation law is amended
by adding a new subdivision 10 to read as follows:
  10. ANY PERSON WHO VIOLATES SECTION 9-1710 OF THIS  CHAPTER  SHALL  BE
GUILTY  OF  A  VIOLATION  AND  SHALL BE PUNISHABLE AND LIABLE TO A CIVIL
PENALTY AS PROVIDED IN SUBDIVISION 1 OF THIS SECTION, PROVIDED, HOWEVER,
THAT FOR ANY FIRST VIOLATION IN LIEU OF A PENALTY THERE MAY BE ISSUED  A
WRITTEN WARNING BY THE DEPARTMENT AND THERE MAY ALSO BE ISSUED EDUCATION
MATERIALS  AT  THE  DISCRETION  OF THE DEPARTMENT REGARDING REQUIREMENTS
RELATED TO INVASIVE SPECIES. SUCH PERSON SHALL BE SUBJECT TO A  FINE  OF
UP  TO ONE HUNDRED FIFTY DOLLARS FOR A SECOND OFFENSE, UP TO TWO HUNDRED
FIFTY DOLLARS FOR A THIRD OFFENSE, AND NO LESS THAN  TWO  HUNDRED  FIFTY
DOLLARS  NOR  MORE  THAN  ONE THOUSAND DOLLARS FOR A THIRD OR SUBSEQUENT
OFFENSE.
  S 3. Subdivision 1 of section 11-0323 of the  environmental  conserva-
tion  law,  as  separately amended by section 19 of part H of chapter 58
and chapter 342 of the laws of 2012, is amended to read as follows:
  1. The department shall compile and index each year after the adjourn-
ment of the legislature the laws relating to fish and wildlife, as  well
as  invasive  species  (as  defined in section 9-1703 AND 9-1710 of this
chapter), as amended to date. Copies of the compilation shall be printed
in pamphlet form of pocket size in the number for which the  legislature
may appropriate funds.
  S  4.  Within  one  year  from enactment of this act the department of
environmental conservation shall  issue  regulations  establishing  what
constitutes reasonable precautions that need to be taken to satisfy this
section and otherwise needed for the implementation of this section.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law.

2013-S7851A - Details

See Assembly Version of this Bill:: A9619
Law Section:: Environmental Conservation Law
Laws Affected:: Add §9-1710, amd §§71-0703 & 11-0323, En Con L

2013-S7851A - Summary

2013-S7851A - Sponsor Memo

                                BILL NUMBER:S7851A

TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
aquatic invasive species, spread prevention, and penalties

PURPOSE:

To amend the Environmental Conservation Law (ECL) by adding a new
sections that would require individuals to clean, drain and dry
watercrafts and gear when entering and leaving a boat launch site.
Recreational boating is one of the primary ways in which invasive
species are inadvertently transported overland to new waterways.
Taking measures to clean, drain and dry watercrafts and gear after
each use is a simple step that should be taken to prevent the spread
of invasive species and protect our waterways as well as the
industries that depend on them.

SUMMARY OF SPECIFIC PROVISIONS:

This legislation adds new sections to require the removal of all
visible plants and animals from motorized and non-motorized watercraft
and related gear when entering and leaving a launch site.

Additionally, the legislation requires the draining of watercrafts,

including bilge areas, livewells, bait wells and ballast tanks when
entering and leaving a launch site.

Lastly, the legislation authorizes the department to impose a civil
penalty on individuals found guilty of violating the provisions set
forth in this legislation, provided, however, that for any first
violation in lieu of a penalty a written warning shall be issued by
the department and written education materials regarding requirements
related to invasive species will be provided.

JUSTIFICATION:

According to the Department of Environmental Conservation (DEC),
aquatic invasive species present a serious threat to our environment
and economically important industries such as tourism, and commercial
and recreational fishing. These pests kill native plants and animals
by carrying harmful diseases or out-competing natural habitat,
changing entire ecosystems. Aquatic invasive species are one of the
greatest threats to the State's biodiversity - once introduced, these
species are nearly impossible to eradicate, and expensive to manage.
Nationally, the annual cost to the economy is estimated at $120
billion a year and in New York, managing invasive species has become a
significant drain on local economies. It is far more cost-effective to
prevent the spread of these species than attempt to control them once
they have already been introduced. In addition to the significant
economic impact, the growth of invasive species often prevents access
to waterways important for the fishing industry.

PRIOR LEGISLATIVE HISTORY:

None


FISCAL IMPLICATIONS:

Minimal

EFFECTIVE DATE:.

This bill shall take effect on the ninetieth day after it shall have
become a law.

2013-S7851A - Bill Text download pdf

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

                                 7851--A

                            I N  S E N A T E

                              June 13, 2014
                               ___________

Introduced  by  Sen.  O'MARA -- 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  to  amend  the  environmental  conservation law, in relation to
  aquatic invasive species, spread prevention, and penalties

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

  Section  1.  The environmental conservation law is amended by adding a
new section 9-1711 to read as follows:
S 9-1711. AQUATIC INVASIVE SPECIES; SPREAD PREVENTION.
  1. FOR PURPOSES OF THIS SECTION:
  (A) "ANIMAL" SHALL MEAN EVERY LIVING AND NON-LIVING CREATURE EXCEPT  A
HUMAN  BEING,  DOG OR OTHER COMPANION ANIMAL AS DEFINED IN SECTION THREE
HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
  (B) "WATERCRAFT" SHALL MEAN EVERY MOTORIZED OR NON-MOTORIZED  BOAT  OR
VEHICLE  CAPABLE  OF BEING USED OR OPERATED AS A MEANS OF TRANSPORTATION
OR RECREATION IN OR ON WATER.
  (C) "LAUNCH" SHALL MEAN TO PLACE A WATERCRAFT INTO A WATERBODY FOR ANY
PURPOSE, INCLUDING BY TRAILER OR OTHER DEVICE  OR  CARRYING  BY  HAND  A
WATERCRAFT INTO THE WATERBODY.
  2.  NO  PERSON  SHALL LAUNCH, OR ATTEMPT TO LAUNCH A WATERCRAFT FROM A
BOAT LAUNCHING SITE, A FISHING ACCESS SITE, OR ANY OTHER SITE FROM WHICH
A WATERCRAFT MAY BE LAUNCHED, OR LEAVE FROM THESE SITES WITH  ANY  PLANT
OR  ANIMAL,  OR  PARTS  THEREOF,  VISIBLE  TO  THE HUMAN EYE, IN, ON, OR
ATTACHED TO ANY PART OF THE WATERCRAFT, INCLUDING LIVEWELLS, THE  MOTOR,
RUDDER,  ANCHOR OR OTHER APPURTENANCE; ANY EQUIPMENT; OR THE TRAILING OR
ANY OTHER DEVICE USED TO TRANSPORT OR LAUNCH A WATERCRAFT THAT MAY  COME
INTO  CONTACT WITH THE WATER, UNLESS IT CAN BE DEMONSTRATED THAT REASON-
ABLE PRECAUTIONS HAVE BEEN TAKEN TO SATISFY THIS SECTION OR  ARE  OTHER-
WISE AUTHORIZED BY THE DEPARTMENT.
  3.  NO  PERSON  SHALL LAUNCH, OR ATTEMPT TO LAUNCH A WATERCRAFT FROM A
BOAT LAUNCHING SITE, A FISHING ACCESS SITE, OR ANY OTHER SITE FROM WHICH
A WATERCRAFT MAY BE LAUNCHED, OR LEAVE FROM THESE SITES WITHOUT DRAINING

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

                                                           LBD15022-08-4

S. 7851--A                          2

THE WATERCRAFT, INCLUDING BILGE AREAS, LIVEWELLS, BAIT WELLS AND BALLAST
TANKS, UNLESS IT CAN BE DEMONSTRATED THAT  REASONABLE  PRECAUTIONS  HAVE
BEEN  TAKEN  TO  SATISFY THIS SECTION OR ARE OTHERWISE AUTHORIZED BY THE
DEPARTMENT.
  4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO:
  (A)  NATIVE  PLANTS AFFIXED TO OR TRANSPORTED IN WATERCRAFT FOR USE AS
CAMOUFLAGE FOR HUNTING OR WILDLIFE VIEWING PURPOSES.
  (B) BAIT, INCLUDING BAITFISH, THAT CAN LEGALLY BE USED ON A  WATERBODY
AND IS POSSESSED CONSISTENT WITH ALL APPLICABLE LAW AND REGULATIONS.
  (C)  LEGALLY TAKEN GAME AS DEFINED IN SUBDIVISION 2 OF SECTION 11-0103
OF THIS CHAPTER OR FISH AS DEFINED IN PARAGRAPH A OF  SUBDIVISION  1  OF
SUCH SECTION.
  (D)  THE  USE  OF  PLANTS  OR  ANIMALS  FOR  HABITAT RESTORATION, WEED
CONTROL, SCIENTIFIC RESEARCH, AQUACULTURE, OR OTHER ACTIVITY, CONSISTENT
WITH  ALL  APPLICABLE  LAWS  AND  REGULATIONS  RELATED  TO  THEIR   USE,
POSSESSION OR HARVEST.
  (E)  INTENTIONAL  TRANSPORT  OF  PLANTS  OR ANIMALS NOT DEFINED IN LAW
RULES OR REGULATIONS AS INVASIVE SPECIES CONTAINED WITHIN A  WATERCRAFT,
INCLUDING FOOD FOR HUMAN CONSUMPTION.
  S  2. Section 71-0703 of the environmental conservation law is amended
by adding a new subdivision 10 to read as follows:
  10. ANY PERSON WHO VIOLATES SECTION 9-1711 OF THIS  CHAPTER  SHALL  BE
GUILTY  OF  A  VIOLATION  AND  SHALL BE PUNISHABLE AND LIABLE TO A CIVIL
PENALTY AS PROVIDED IN SUBDIVISION 1 OF THIS SECTION, PROVIDED, HOWEVER,
THAT FOR ANY FIRST VIOLATION IN LIEU OF A PENALTY THERE SHALL BE  ISSUED
A  WRITTEN  WARNING  BY  THE  DEPARTMENT  AND THERE SHALL ALSO BE ISSUED
EDUCATION MATERIALS  AT  THE  DISCRETION  OF  THE  DEPARTMENT  REGARDING
REQUIREMENTS  RELATED  TO INVASIVE SPECIES. SUCH PERSON SHALL BE SUBJECT
TO A FINE OF UP TO ONE HUNDRED FIFTY DOLLARS FOR A SECOND OFFENSE, UP TO
TWO HUNDRED FIFTY DOLLARS FOR A THIRD OFFENSE,  AND  NO  LESS  THAN  TWO
HUNDRED FIFTY DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS FOR A FOURTH OR
SUBSEQUENT OFFENSE.
  S  3.  Subdivision 1 of section 11-0323 of the environmental conserva-
tion law, as separately amended by section 19 of part H  of  chapter  58
and chapter 342 of the laws of 2012, is amended to read as follows:
  1. The department shall compile and index each year after the adjourn-
ment  of the legislature the laws relating to fish and wildlife, as well
as invasive species (as defined in section 9-1703  AND  9-1711  of  this
chapter), as amended to date. Copies of the compilation shall be printed
in  pamphlet form of pocket size in the number for which the legislature
may appropriate funds.
  S 4. Within one year from enactment of  this  act  the  department  of
environmental  conservation  shall  issue  regulations establishing what
constitutes reasonable precautions that need to be taken to satisfy this
section and otherwise needed for the implementation of this section.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

co-Sponsors

2013-S7851B (ACTIVE) - Details

See Assembly Version of this Bill:: A9619
Law Section:: Environmental Conservation Law
Laws Affected:: Add §9-1710, amd §§71-0703 & 11-0323, En Con L

2013-S7851B (ACTIVE) - Summary

2013-S7851B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7851B

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to aquatic invasive species, spread prevention, and penalties;
and providing for the repeal of such provisions upon the expiration
thereof

PURPOSE:  To amend the Environmental Conservation Law (ECL) by adding a
new sections that would require individuals to clean, drain and dry
watercrafts and gear when entering and leaving a boat launch site.
Recreational boating is one of the primary ways in which invasive
species are inadvertently transported overland to new waterways.  Taking
measures to clean, drain and dry watercrafts and gear after each use is
a simple step that should be taken to prevent the spread of invasive
species and protect our waterways as well as the industries that depend
on them,

SUMMARY OF SPECIFIC PROVISIONS:  This legislation adds new sections to
require the removal of all visible plants and animals from motorized and
non-motorized watercraft and related gear when entering and leaving a
launch site.

Additionally, the legislation requires the draining of watercrafts,
including bilge areas, livewells, bait wells and ballast tanks when
entering and leaving a launch site.

Lastly, the legislation authorizes the department to impose a civil
penalty on individuals found guilty of violating the provisions set
forth in this legislation, provided, however, that for any first
violation in lieu of a penalty a written warning shall be issued by the
department and written education materials regarding requirements
related to invasive species will be provided.

JUSTIFICATION:  According to the Department of Environmental Conserva-
tion (DEC), aquatic invasive species present a serious threat to our
environment and economically important industries such as tourism, and
commercial and recreational fishing. These pests kill native plants and
animals by carrying harmful diseases or out-competing natural habitat,
changing entire ecosystems. Aquatic invasive species are one of the
greatest threats to the State's biodiversity - once introduced, these
species are nearly impossible to eradicate, and expensive to manage.
Nationally, the annual cost to the economy is estimated at $120 billion
a year and in New York, managing invasive species has become a signif-
icant drain on local economies. It is far more cost-effective to prevent
the spread of these species than attempt to control them once they have
already been introduced. In addition to the significant economic impact,
the growth of invasive species often prevents access to waterways impor-
tant for the fishing industry,

PRIOR LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: Minimal

EFFECTIVE DATE:  This act shall take effect one year after it shall have
become a law, and shall expire and be deemed repealed June 1, 2019.
Effective immediately, the addition, amendent, and/or repeal of any rule
or regulation necessary for the timely implementation of this act on its
effective date is authorized to be made on or before such effective
date.

2013-S7851B (ACTIVE) - Bill Text download pdf

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

                                 7851--B

                            I N  S E N A T E

                              June 13, 2014
                               ___________

Introduced  by  Sen.  O'MARA -- 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  --  committee  discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  aquatic  invasive  species,  spread  prevention,  and  penalties;  and
  providing for the repeal of such provisions upon the expiration there-
  of

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

  Section 1. The environmental conservation law is amended by  adding  a
new section 9-1710 to read as follows:
S 9-1710. AQUATIC INVASIVE SPECIES; SPREAD PREVENTION.
  1. FOR PURPOSES OF THIS SECTION:
  (A)  "WATERCRAFT"  SHALL MEAN EVERY MOTORIZED OR NON-MOTORIZED BOAT OR
VEHICLE CAPABLE OF BEING USED OR OPERATED AS A MEANS  OF  TRANSPORTATION
OR RECREATION IN OR ON WATER.
  (B)  "LAUNCH" SHALL MEAN TO PLACE A WATERCRAFT OR FLOATING DOCK INTO A
PUBLIC WATERBODY OR ANY INLET  OR  OUTLET  TO  SUCH  WATERBODY  FOR  ANY
PURPOSE,  INCLUDING  BY  TRAILER  OR  OTHER DEVICE OR CARRYING BY HAND A
WATERCRAFT INTO THE WATERBODY.
  2. NO PERSON SHALL LAUNCH A WATERCRAFT OR FLOATING DOCK UNLESS IT  CAN
BE DEMONSTRATED THAT REASONABLE PRECAUTIONS SUCH AS REMOVAL OF ANY VISI-
BLE  PLANT  OR  ANIMAL MATTER, WASHING, DRAINING OR DRYING AS DEFINED BY
THE DEPARTMENT PURSUANT TO RULES AND REGULATIONS, HAVE BEEN TAKEN.
  S 2. Section 71-0703 of the environmental conservation law is  amended
by adding a new subdivision 10 to read as follows:
  10.  ANY  PERSON  WHO VIOLATES SECTION 9-1710 OF THIS CHAPTER SHALL BE
GUILTY OF A VIOLATION AND SHALL BE PUNISHABLE  AND  LIABLE  TO  A  CIVIL
PENALTY AS PROVIDED IN SUBDIVISION ONE OF THIS SECTION, PROVIDED, HOWEV-
ER,  THAT  FOR  ANY  FIRST VIOLATION IN LIEU OF A PENALTY THERE SHALL BE
ISSUED A WRITTEN WARNING BY THE  DEPARTMENT  AND  THERE  SHALL  ALSO  BE

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

                                                           LBD15022-12-4

S. 7851--B                          2

ISSUED EDUCATION MATERIALS AT THE DISCRETION OF THE DEPARTMENT REGARDING
REQUIREMENTS  RELATED  TO INVASIVE SPECIES. SUCH PERSON SHALL BE SUBJECT
TO A FINE OF UP TO ONE HUNDRED FIFTY DOLLARS FOR A SECOND OFFENSE, UP TO
TWO  HUNDRED  FIFTY  DOLLARS  FOR  A THIRD OFFENSE, AND NO LESS THAN TWO
HUNDRED FIFTY DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS FOR A FOURTH OR
SUBSEQUENT OFFENSE.
  S 3. Subdivision 1 of section 11-0323 of the  environmental  conserva-
tion  law,  as  separately amended by section 19 of part H of chapter 58
and chapter 342 of the laws of 2012, is amended to read as follows:
  1. The department shall compile and index each year after the adjourn-
ment of the legislature the laws relating to fish and wildlife, as  well
as  invasive  species  (as  defined in section 9-1703 AND 9-1710 of this
chapter), as amended to date. Copies of the compilation shall be printed
in pamphlet form of pocket size in the number for which the  legislature
may appropriate funds.
  S  4. This act shall take effect one year after it shall have become a
law, and shall expire and be deemed repealed June 1,  2019.    Effective
immediately, the addition, amendment, and/or repeal of any rule or regu-
lation necessary for the timely implementation of this act on its effec-
tive date is authorized to be made on or before such effective date.

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Senate Bill S7851B

Sponsored By

Archive: Last Bill Status Via A9619 - Signed by Governor

Jun 20, 2014 - Floor Vote

Floor Vote: Jun 20, 2014

Jun 20, 2014 - Rules Committee Vote

Rules Committee Vote: Jun 20, 2014

Bill Amendments

2013-S7851 - Details

2013-S7851 - Summary

2013-S7851 - Sponsor Memo

2013-S7851 - Bill Text download pdf

2013-S7851A - Details

2013-S7851A - Summary

2013-S7851A - Sponsor Memo

2013-S7851A - Bill Text download pdf

co-Sponsors

2013-S7851B (ACTIVE) - Details

2013-S7851B (ACTIVE) - Summary

2013-S7851B (ACTIVE) - Sponsor Memo

2013-S7851B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7851B

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Sponsored By

Thomas F. O'Mara

Archive: Last Bill Status Via A9619 - Signed by Governor

Bill Amendments

2013-S7851 - Details

2013-S7851 - Summary

2013-S7851 - Sponsor Memo

2013-S7851 - Bill Text download pdf

2013-S7851A - Details

2013-S7851A - Summary

2013-S7851A - Sponsor Memo

2013-S7851A - Bill Text download pdf

co-Sponsors

Tony Avella

John J. Bonacic

Jack M. Martins

David J. Valesky

2013-S7851B (ACTIVE) - Details

2013-S7851B (ACTIVE) - Summary

2013-S7851B (ACTIVE) - Sponsor Memo

2013-S7851B (ACTIVE) - Bill Text download pdf

Comments