NY State Senate Bill 2013-S7273A

Archive: Last Bill Status - In Senate Committee Rules Committee

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
Jun 20, 2014	committed to rules
Jun 02, 2014	amended on third reading 7273a
May 28, 2014	advanced to third reading
May 21, 2014	2nd report cal.
May 20, 2014	1st report cal.814
May 08, 2014	referred to environmental conservation

Votes

- May 20, 2014 - Environmental Conservation Committee Vote
  S7273A
  
  10
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 20, 2014
      
      aye (10)
      
      Avella
      
      Espaillat
      
      Latimer
      
      Little
      
      Marcellino
      
      Maziarz
      
      O'Brien
      
      O'Mara
      
      Serrano
      
      Young
      
      aye wr (3)
      
      Grisanti
      
      LaValle
      
      Tkaczyk

Bill Amendments

Original

A (Active)

co-Sponsors

2013-S7273 - Details

Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Add §9-1710, amd §§71-0703 & 11-0323, En Con L

2013-S7273 - 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-S7273 - Sponsor Memo

                                BILL NUMBER:S7273

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 would impose a civil penalty on individuals
found guilty of violating the provisions set forth in this

legislation.

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-S7273 - Bill Text download pdf

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

                                  7273

                            I N  S E N A T E

                               May 8, 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  AND ANY ACTIVITY THAT TAKES PLACE WITHIN FIFTY FEET OF THE HIGH
WATER MARK OF THE WATERBODY FOR THE PURPOSE OF  PLACING    A  WATERCRAFT
INTO  A WATERBODY, INCLUDING MOVING BY TRAILER OR OTHER DEVICE OR CARRY-
ING BY HAND A WATERCRAFT TOWARD THE WATERBODY, OR ENTERING A QUEUE PRIOR
TO LAUNCHING.
  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 APPURTENANTS; ANY  EQUIPMENT  OR  GEAR;  OR  THE
TRAILING  OR  ANY  OTHER DEVICE USED TO TRANSPORT OR LAUNCH A WATERCRAFT
THAT MAY COME INTO CONTACT WITH THE WATER, UNLESS A  WRITTEN  PERMIT  IS
OBTAINED FROM 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.

                                                           LBD15022-01-4

S. 7273                             2

THE WATERCRAFT, INCLUDING BILGE AREAS, LIVEWELLS, BAIT WELLS AND BALLAST
TANKS, UNLESS A WRITTEN PERMIT IS OBTAINED.
  4.  IT SHALL BE UNLAWFUL FOR ANY PERSON TO LEAVE A LAUNCH SITE WITHOUT
FIRST REMOVING ANY PLANT MATTER OR ANIMAL MATTER ON  THE  WATERCRAFT  OR
RELATED EQUIPMENT.
  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 ONE  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.
  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 UPON A SECOND OR ANY SUBSEQUENT CONVICTION, THE FINE  SHALL  BE
NOT  LESS  THAN  TWO  HUNDRED  FIFTY  DOLLARS NOR MORE THAN ONE THOUSAND
DOLLARS.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

co-Sponsors

View additional co-sponsors

2013-S7273A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Add §9-1710, amd §§71-0703 & 11-0323, En Con L

2013-S7273A (ACTIVE) - Summary

2013-S7273A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7273A

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 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
when entering and leaving a launch site. It also requires the draining
of watercraft, including bilge areas, livewells, bait wells and
ballast tanks when entering and leaving a launch site, unless it can
be demonstrated that reasonable precautions have been taken, or
otherwise authorized by the Department.

The legislation will not apply to native plants used for camouflage
for hunting or wildlife viewing, bait, including baitfish, legally
taken game, the use of plants or animals for habitat restoration, weed
control, scientific research, or aquaculture, or the intentional
transport of noninvasive species contained within a watercraft,
including food for human consumption.

Additionally, the legislation would 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 there may be issued a written warning by the Department,
and there may also be issued educational materials at the discretion
of the Department.

Lastly, the legislation requires the Department to issue, one year of
the enactment date, regulations establishing what constitutes
reasonable precautions that need to be taken to satisfy this section
within

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-S7273A (ACTIVE) - Bill Text download pdf

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

                                 7273--A
    Cal. No. 814

                            I N  S E N A T E

                               May 8, 2014
                               ___________

Introduced  by Sens. O'MARA, AVELLA, DeFRANCISCO, NOZZOLIO -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Environmental Conservation -- reported favorably from said  commit-
  tee,  ordered  to first and second report, ordered to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

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.

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

                                                           LBD15022-03-4

S. 7273--A                          2

  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
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 ONE  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 ONE OF THIS SECTION, PROVIDED, HOWEV-
ER, 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, HOWEVER,
FOR ANY SUBSEQUENT VIOLATION THEREAFTER BE SUBJECT TO A FINE OF NO  LESS
THAN TWO HUNDRED FIFTY DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS.
  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.

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Senate Bill S7273A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

May 20, 2014 - Environmental Conservation Committee Vote

Environmental Conservation Committee Vote: May 20, 2014

Bill Amendments

co-Sponsors

2013-S7273 - Details

2013-S7273 - Summary

2013-S7273 - Sponsor Memo

2013-S7273 - Bill Text download pdf

co-Sponsors

2013-S7273A (ACTIVE) - Details

2013-S7273A (ACTIVE) - Summary

2013-S7273A (ACTIVE) - Sponsor Memo

2013-S7273A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7273A

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

2013-S7273 - Details

2013-S7273 - Summary

2013-S7273 - Sponsor Memo

2013-S7273 - Bill Text download pdf

co-Sponsors

2013-S7273A (ACTIVE) - Details

2013-S7273A (ACTIVE) - Summary

2013-S7273A (ACTIVE) - Sponsor Memo

2013-S7273A (ACTIVE) - Bill Text download pdf

Comments