NY State Senate Bill 2015-S3960B

Archive: Last Bill Status - In Senate Committee Environmental Conservation 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 24, 2016	print number 3960b
Feb 24, 2016	amend and recommit to environmental conservation
Jan 27, 2016	print number 3960a
Jan 27, 2016	amend and recommit to environmental conservation
Jan 06, 2016	referred to environmental conservation
Feb 24, 2015	referred to environmental conservation

Bill Amendments

Original

B (Active)

2015-S3960 - Details

See Assembly Version of this Bill:: A540
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 11 Title 27 §§11-2701 & 11-2703, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7850
2011-2012: S1246, A8526
2013-2014: S1933, A851
2017-2018: S3058, A2146
2019-2020: A1098
2021-2022: A1783

2015-S3960 - Summary

Enacts the "monk parakeet protection act".

2015-S3960 - Sponsor Memo

                                BILL NUMBER:S3960

TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
enacting the "monk parakeet protection act"

PURPOSE:

To protect the wild Monk Parakeet (a/k/a Quaker parakeet), the parrot
species Myiopsitta Monachus, living in a wild state in various parts
of the state of New York. Less than 1,000 wild monk parakeets reside
in New York state. This act shall provide humane methods of relocation
or removal, especially where threat to human life, private or public
property, or agricultural concerns, are imminent.

SUMMARY OF PROVISIONS:

Section 1 defines legislative intent of bill. A new title, number 27,
is amended within Article 11 of the Environmental Conservation law.

EXISTING LAW:

Currently recognized as a non-native, non-invasive species, according
to and within New York Invasive Species council's report the 2010
Regulatory system for Non-native Species.

JUSTIFICATION:

Reports of "poaching" (illegal hunting, killing or capturing of
animals) and less than humane regard for wild Myiopsitta Monachus
parrots (Monk parakeet) nesting sites have led to legislative need for
formal protection of this species.

Quaker parakeets are not harmful to the environment, nor displaced or
been a threat to any native species, and have not been proven to cause
damage to any public utilities. Although they are considered pests by
some because of the nature of their nest building, they are trapped
and euthanized as pests by exterminators which will be addressed
should this legislation become law.

LEGISLATIVE HISTORY:

2013-2014: S. 1933 - Referred to Senate Environmental Conservation
Committee.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

The 60th day after it shall have become law.

2015-S3960 - Bill Text download pdf

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

                                  3960

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 24, 2015
                               ___________

Introduced  by  Sen. ADDABBO -- 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
  enacting the "monk parakeet protection act"

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

  Section 1. Legislative intent. The legislature  finds  that  the  monk
parakeet  has  been existing in a wild, undomesticated state in New York
since the late 1960s. The ancestors of the current flocks  are  believed
to  have  been imported legally into the United States from their native
land in Argentina. Since then, monk parakeets have established  colonies
in  parts  of New York city and lower Westchester county. Their colonies
are small, and the population of  monk  parakeets  seems  to  be  rather
stabilized  over  the past 20 years. It is estimated that there are less
than 1,000 wild monk parakeets in the state  of  New  York.  Reports  of
poaching  and  less than humane regard for nesting sites have led to the
need for formal protection of this species, which is recognized as  non-
native,  but  not  currently  categorized  as invasive, according to the
report Regulatory System  for  Non-native  Species  (New  York  Invasive
Species  Council, 2010).  The purpose of this act is to protect the wild
monk parakeet (a/k/a Quaker parakeet),  the  parrot  species  Myiopsitta
monachus,  living  in  a wild state in various parts of the state of New
York. This act shall  also  provide  humane  methods  of  relocation  or
removal,  especially where threat to human life, private or public prop-
erty, or agricultural concerns, are imminent.
  S 2. This act shall be known and may be cited as  the  "monk  parakeet
protection act."
  S  3.  Article  11 of the environmental conservation law is amended by
adding a new title 27 to read as follows:
                                 TITLE 27
                      MONK PARAKEET PROTECTION ACT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04064-01-5

S. 3960                             2

SECTION 11-2701. DEFINITIONS.
        11-2703. MONK PARAKEETS; PROTECTION.
S 11-2701. DEFINITIONS.
  FOR PURPOSES OF THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
  1. "QUALIFIED INDIVIDUAL" SHALL MEAN A PERSON OR PERSONS WITH EITHER A
DEGREE  IN  EARTH,  BIOLOGICAL  OR  NATURAL SCIENCES, INCLUDING GEOLOGY,
ENVIRONMENTAL SCIENCE, BIOLOGY, ZOOLOGY, OR A  SPECIALIZATION  IN  ORNI-
THOLOGY;
  2.  "WILD MONK PARAKEET" SHALL MEAN A MONK PARAKEET THAT WAS BORN IN A
NATURAL ENVIRONMENT WITHOUT HUMAN AID OR INTERVENTION, AND RAISED BY ITS
OWN PARENTS. THE PROVISIONS OF THIS TITLE SHALL NOT APPLY  TO  ANY  MONK
PARAKEET  THAT IS BANDED BY A BREEDER AND PREVIOUSLY EXISTED IN A DOMES-
TIC SITUATION AS A PET;
  3. "QUALIFIED DESIGNATED AGENT OR AUTHORITY" SHALL MEAN EITHER A STATE
AGENCY WITH QUALIFIED INDIVIDUALS, OR AN ORGANIZATION WITH  MEMBERS  WHO
HAVE A MINIMUM OF FIVE YEARS EXPERIENCE IN THE RESCUE AND REHABILITATION
OF PARROTS OR WILD BIRDS, AND HAVE AT LEAST TWO QUALIFIED INDIVIDUALS AS
DEFINED  IN  SUBDIVISION  ONE  OF THIS SECTION. THE QUALIFIED DESIGNATED
AGENT OR AUTHORITY SHALL BE AFFILIATED WITH ONE OR MORE AVIAN  VETERINA-
RIANS; AND
  4.  "BREEDING  SEASON"  SHALL  MEAN THE PERIOD OF TIME BEGINNING APRIL
FIRST AND ENDING OCTOBER FIRST OF A CALENDAR YEAR.
S 11-2703. MONK PARAKEETS; PROTECTION.
  1. NO PERSON SHALL CAPTURE OR HARM A MONK PARAKEET  CHICK,  FLEDGLING,
OR  ADULT, OR TAKE OR SELL ITS EGGS, TO ANY RETAIL OR PRIVATE ESTABLISH-
MENT OR CONCERN.
  2. NO PERSON SHALL REMOVE THE NEST OF A MONK PARAKEET, UNLESS THERE IS
A DOCUMENTED AND IMMEDIATE THREAT TO HUMAN LIFE OR  PUBLIC  AND  PRIVATE
PROPERTY.
  3. THE COLLECTION OF EGGS, CHICKS, FLEDGLINGS, OR ADULT MONK PARAKEETS
SHALL  BE  DONE ONLY UNDER THE SUPERVISION OF A DESIGNATED AND QUALIFIED
INDIVIDUAL OR EXPERT.
  4. THE REMOVAL OF THE NEST OF A MONK  PARAKEET,  IF  NECESSARY,  SHALL
OCCUR OUTSIDE OF BREEDING SEASON, UNLESS THERE IS A DOCUMENTED AND IMME-
DIATE THREAT TO HUMAN LIFE OR PUBLIC AND PRIVATE PROPERTY.
  5.  THE  STATE  OR  A QUALIFIED DESIGNATED AGENT OR AUTHORITY SHALL BE
NOTIFIED AT LEAST FIVE DAYS IN ADVANCE OF ANY  PROPOSAL  TO  REMOVE  THE
NEST OF A MONK PARAKEET. THE DESIGNATED AGENT OR AUTHORITY SHALL PROPOSE
ALTERNATIVE  ACTIONS, AND SHALL SUPERVISE ANY NEST REMOVALS IF AN ALTER-
NATIVE PLAN IS NOT POSSIBLE.
  6. PRIVATE COMPANIES AND ORGANIZATIONS, UTILITY COMPANIES, AND GOVERN-
MENTAL AGENCIES, SHALL MAKE EVERY EFFORT TO SUPPLY AND ERECT ALTERNATIVE
NESTING PLATFORMS WHERE REASONABLY POSSIBLE, IF  CURRENT  MONK  PARAKEET
NESTING  SITES  HAVE  BEEN  DEMONSTRATED  TO  BE A THREAT TO HUMAN LIFE,
PRIVATE OR PUBLIC PROPERTY, OR AGRICULTURAL CONCERNS.  EXAMPLE PLANS AND
DRAWINGS FOR NESTING PLATFORMS SHALL BE MADE AVAILABLE TO THE PUBLIC  ON
THE OFFICIAL WEBPAGE OF THE DEPARTMENT.
  7.  IF  AN  EFFORT  TO PROVIDE MONK PARAKEETS WITH ALTERNATIVE NESTING
PLATFORMS FAILS OR PROVES TO  BE  UNSUCCESSFUL,  AN  ENTITY  MAY  EMPLOY
HUMANE  MEANS  TO  REMOVE  AND  EUTHANIZE MONK PARAKEETS, ONLY AS A LAST
RESORT. ALL OTHER METHODS TO PROVIDE ALTERNATIVE NESTING  OPTIONS  SHALL
BE  FIRST  EXHAUSTED.  SUCH  ENTITY  SHALL  DEMONSTRATE  IN  WRITING AND
DOCUMENTATION THAT ALL EFFORTS TO PROVIDE ALTERNATIVES HAVE FAILED,  AND
SHALL  OUTLINE  THE  METHOD  BY  WHICH EUTHANASIA SHALL BE APPLIED. SUCH

S. 3960                             3

ENTITY SHALL ALSO DEMONSTRATE THAT THERE IS A DOCUMENTED  AND  IMMEDIATE
THREAT TO HUMAN LIFE OR PUBLIC AND PRIVATE PROPERTY.
  8. FOR PURPOSES OF THIS TITLE:
  A. THE USE OF CARBON MONOXIDE OR ANY OTHER GAS OR VAPOR AS A METHOD OF
EUTHANASIA IS PROHIBITED;
  B.  THE ONLY ACCEPTABLE FORM OF EUTHANASIA SHALL BE BY INJECTION OF AN
ANESTHETIC OR ANESTHETIC MIXTURE WHICH  CAUSES  IMMEDIATE  AND  PAINLESS
CESSATION OF PULMONARY AND CORONARY FUNCTION; AND
  C. ADMINISTRATION AND SUPERVISION OF THE EUTHANASIA PROCEDURE SHALL BE
DONE  BY  A  LICENSED  VETERINARIAN,  VETERINARY ASSISTANT OR VETERINARY
TECHNICIAN.
  9. THE DEPARTMENT MAY DESIGNATE A QUALIFIED ORGANIZATION TO CARRY  OUT
THE GENERAL ADMINISTRATION OF THE PROVISIONS OF THIS TITLE.
  10.  A  QUALIFIED ORGANIZATION DESIGNATED PURSUANT TO SUBDIVISION NINE
OF THIS SECTION  SHALL  BE  ENTITLED  TO  REASONABLE  REIMBURSEMENT  FOR
EXPENSES IN ASSOCIATION WITH NEST REMOVAL, FROM ANY ENTITY SO REQUESTING
THE SERVICES OF SUCH QUALIFIED ORGANIZATION. THE REQUESTING ENTITY SHALL
PROVIDE,  AND  OPERATE,  ALL NECESSARY HEAVY EQUIPMENT, INCLUDING BUCKET
LIFTS OR TRUCKS. IN ADDITION, ALL EXPENSES AND COSTS ASSOCIATED WITH THE
USE OF VETERINARY SERVICES FOR EUTHANASIA  SHALL  BE  IMMEDIATELY  REIM-
BURSED TO THE ATTENDING VETERINARIAN BY THE REQUESTING ENTITY.
  11. ANY VIOLATION OF THE PROVISIONS OF THIS TITLE SHALL BE A MISDEMEA-
NOR.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

2015-S3960A - Details

See Assembly Version of this Bill:: A540
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 11 Title 27 §§11-2701 & 11-2703, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7850
2011-2012: S1246, A8526
2013-2014: S1933, A851
2017-2018: S3058, A2146
2019-2020: A1098
2021-2022: A1783

2015-S3960A - Summary

Enacts the "monk parakeet protection act".

2015-S3960A - Sponsor Memo

                                 BILL NUMBER:  S3960A

 TITLE OF BILL :

An act to amend the environmental conservation law, in relation to
enacting the "monk parakeet protection act"

 PURPOSE :

To protect the wild Monk Parakeet (a/k/a Quaker parakeet), the parrot
species Myiopsitta Monachus, living in a wild state in various parts
of the state of New York. Less than 1,000 wild monk parakeets reside
in New York state. This act shall provide humane methods of relocation
or removal, especially where threat to human life, private or public
property, or agricultural concerns, are imminent.

 SUMMARY OF PROVISIONS :

Section 1 defines legislative intent of bill. A new title, number 27,
is amended within Article 11 of the Environmental Conservation law.

 EXISTING LAW :

Currently recognized as a non-native, non-invasive species, according
to and within New York Invasive Species council's report the 2010
Regulatory system for Non-native Species.

 JUSTIFICATION :

Reports of "poaching" (illegal hunting, killing or capturing of
animals) and less than humane regard for wild Myiopsitta Monachus
parrots (Monk parakeet) nesting sites have led to legislative need for
formal protection of this species.

Quaker parakeets are not harmful to the environment, nor displaced or
been a threat to any native species, and have not been proven to cause
damage to any public utilities. Although they are considered pests by
some because of the nature of their nest building, they are trapped
and euthanized as pests by exterminators which will be addressed
should this legislation become law.

 LEGISLATIVE HISTORY :

2013-2014: S. 1933 - Referred to Senate Environmental Conservation
Committee.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
On the sixtieth day after it has become a law.

2015-S3960A - Bill Text download pdf

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

                                 3960--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 24, 2015
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- recommitted to  the  Committee  on  Environmental  Conservation  in
  accordance  with  Senate  Rule 6, sec. 8 -- 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
  enacting the "monk parakeet protection act"

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

  Section  1.  Legislative  intent.  The legislature finds that the monk
parakeet has been existing in a wild, undomesticated state in  New  York
since  the  late 1960s. The ancestors of the current flocks are believed
to have been imported legally into the United States from  their  native
land  in Argentina. Since then, monk parakeets have established colonies
in parts of New York city and lower Westchester county.  Their  colonies
are  small,  and  the  population  of  monk parakeets seems to be rather
stabilized over the past 20 years. It is estimated that there  are  less
than  1,000  wild  monk  parakeets  in the state of New York. Reports of
poaching and less than humane regard for nesting sites have led  to  the
need  for formal protection of this species, which is recognized as non-
native, but not currently categorized  as  invasive,  according  to  the
report  Regulatory  System  for  Non-native  Species  (New York Invasive
Species Council, 2010).  The purpose of this act is to protect the  wild
monk  parakeet  (a/k/a  Quaker  parakeet), the parrot species Myiopsitta
monachus, living in a wild state in various parts of the  state  of  New
York.  This  act  shall  also  provide  humane  methods of relocation or
removal, especially where threat to human life, private or public  prop-
erty, or agricultural concerns, are imminent.
  S  2.  This  act shall be known and may be cited as the "monk parakeet
protection act".

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04064-02-6

S. 3960--A                          2

  S 3. Article 11 of the environmental conservation law  is  amended  by
adding a new title 27 to read as follows:
                                 TITLE 27
                      MONK PARAKEET PROTECTION ACT
SECTION 11-2701. DEFINITIONS.
        11-2703. MONK PARAKEETS; PROTECTION.
S 11-2701. DEFINITIONS.
  FOR PURPOSES OF THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
  1. "QUALIFIED INDIVIDUAL" SHALL MEAN A PERSON OR PERSONS WITH EITHER A
DEGREE  IN  EARTH,  BIOLOGICAL  OR  NATURAL SCIENCES, INCLUDING GEOLOGY,
ENVIRONMENTAL SCIENCE, BIOLOGY, ZOOLOGY, OR A  SPECIALIZATION  IN  ORNI-
THOLOGY;
  2.  "WILD MONK PARAKEET" SHALL MEAN A MONK PARAKEET THAT WAS BORN IN A
NATURAL ENVIRONMENT WITHOUT HUMAN AID OR INTERVENTION, AND RAISED BY ITS
OWN PARENTS. THE PROVISIONS OF THIS TITLE SHALL NOT APPLY  TO  ANY  MONK
PARAKEET  THAT  IS  MAINTAINED  IN  A  BREEDING FACILITY, OR BANDED BY A
BREEDER, OR MICROCHIPPED BY A BREEDER OR PET OWNER, OR THAT IS  ACQUIRED
FROM  A BREEDER OR PET STORE AND THAT IS KEPT IN A DOMESTIC SITUATION AS
A PET;
  3. "QUALIFIED DESIGNATED AGENT OR AUTHORITY" SHALL MEAN EITHER A STATE
AGENCY WITH QUALIFIED INDIVIDUALS, OR AN ORGANIZATION WITH  MEMBERS  WHO
HAVE A MINIMUM OF FIVE YEARS EXPERIENCE IN THE RESCUE AND REHABILITATION
OF PARROTS OR WILD BIRDS, AND HAVE AT LEAST TWO QUALIFIED INDIVIDUALS AS
DEFINED  IN  SUBDIVISION  ONE  OF THIS SECTION. THE QUALIFIED DESIGNATED
AGENT OR AUTHORITY SHALL BE AFFILIATED WITH ONE OR MORE AVIAN  VETERINA-
RIANS; AND
  4.  "BREEDING  SEASON"  SHALL  MEAN THE PERIOD OF TIME BEGINNING APRIL
FIRST AND ENDING OCTOBER FIRST OF A CALENDAR YEAR.
S 11-2703. MONK PARAKEETS; PROTECTION.
  1. NO PERSON SHALL CAPTURE OR HARM A MONK PARAKEET  CHICK,  FLEDGLING,
OR  ADULT, OR TAKE OR SELL ITS EGGS, TO ANY RETAIL OR PRIVATE ESTABLISH-
MENT OR CONCERN.
  2. NO PERSON SHALL REMOVE THE NEST OF A MONK PARAKEET, UNLESS THERE IS
A DOCUMENTED AND IMMEDIATE THREAT TO HUMAN LIFE OR  PUBLIC  AND  PRIVATE
PROPERTY.
  3. THE COLLECTION OF EGGS, CHICKS, FLEDGLINGS, OR ADULT MONK PARAKEETS
SHALL  BE  DONE ONLY UNDER THE SUPERVISION OF A DESIGNATED AND QUALIFIED
INDIVIDUAL OR EXPERT.
  4. THE REMOVAL OF THE NEST OF A MONK  PARAKEET,  IF  NECESSARY,  SHALL
OCCUR OUTSIDE OF BREEDING SEASON, UNLESS THERE IS A DOCUMENTED AND IMME-
DIATE THREAT TO HUMAN LIFE OR PUBLIC AND PRIVATE PROPERTY.
  5.  THE  STATE  OR  A QUALIFIED DESIGNATED AGENT OR AUTHORITY SHALL BE
NOTIFIED AT LEAST FIVE DAYS IN ADVANCE OF ANY  PROPOSAL  TO  REMOVE  THE
NEST OF A MONK PARAKEET. THE DESIGNATED AGENT OR AUTHORITY SHALL PROPOSE
ALTERNATIVE  ACTIONS, AND SHALL SUPERVISE ANY NEST REMOVALS IF AN ALTER-
NATIVE PLAN IS NOT POSSIBLE.
  6. PRIVATE COMPANIES AND ORGANIZATIONS, UTILITY COMPANIES, AND GOVERN-
MENTAL AGENCIES, SHALL MAKE EVERY EFFORT TO SUPPLY AND ERECT ALTERNATIVE
NESTING PLATFORMS WHERE REASONABLY POSSIBLE, IF  CURRENT  MONK  PARAKEET
NESTING  SITES  HAVE  BEEN  DEMONSTRATED  TO  BE A THREAT TO HUMAN LIFE,
PRIVATE OR PUBLIC PROPERTY, OR AGRICULTURAL CONCERNS.  EXAMPLE PLANS AND
DRAWINGS FOR NESTING PLATFORMS SHALL BE MADE AVAILABLE TO THE PUBLIC  ON
THE OFFICIAL WEBPAGE OF THE DEPARTMENT.
  7.  IF  AN  EFFORT  TO PROVIDE MONK PARAKEETS WITH ALTERNATIVE NESTING
PLATFORMS FAILS OR PROVES TO  BE  UNSUCCESSFUL,  AN  ENTITY  MAY  EMPLOY

S. 3960--A                          3

HUMANE  MEANS  TO  REMOVE  AND  EUTHANIZE MONK PARAKEETS, ONLY AS A LAST
RESORT. ALL OTHER METHODS TO PROVIDE ALTERNATIVE NESTING  OPTIONS  SHALL
BE  FIRST  EXHAUSTED.  SUCH  ENTITY  SHALL  DEMONSTRATE  IN  WRITING AND
DOCUMENTATION  THAT ALL EFFORTS TO PROVIDE ALTERNATIVES HAVE FAILED, AND
SHALL OUTLINE THE METHOD BY WHICH  EUTHANASIA  SHALL  BE  APPLIED.  SUCH
ENTITY  SHALL  ALSO DEMONSTRATE THAT THERE IS A DOCUMENTED AND IMMEDIATE
THREAT TO HUMAN LIFE OR PUBLIC AND PRIVATE PROPERTY.
  8. FOR PURPOSES OF THIS TITLE:
  A. THE USE OF CARBON MONOXIDE OR ANY OTHER GAS OR VAPOR AS A METHOD OF
EUTHANASIA IS PROHIBITED;
  B. THE ONLY ACCEPTABLE FORM OF EUTHANASIA SHALL BE BY INJECTION OF  AN
ANESTHETIC  OR  ANESTHETIC  MIXTURE  WHICH CAUSES IMMEDIATE AND PAINLESS
CESSATION OF PULMONARY AND CORONARY FUNCTION; AND
  C. ADMINISTRATION AND SUPERVISION OF THE EUTHANASIA PROCEDURE SHALL BE
DONE BY A LICENSED  VETERINARIAN,  VETERINARY  ASSISTANT  OR  VETERINARY
TECHNICIAN.
  9.  THE DEPARTMENT MAY DESIGNATE A QUALIFIED ORGANIZATION TO CARRY OUT
THE GENERAL ADMINISTRATION OF THE PROVISIONS OF THIS TITLE.
  10. A QUALIFIED ORGANIZATION DESIGNATED PURSUANT TO  SUBDIVISION  NINE
OF  THIS  SECTION  SHALL  BE  ENTITLED  TO  REASONABLE REIMBURSEMENT FOR
EXPENSES IN ASSOCIATION WITH NEST REMOVAL, FROM ANY ENTITY SO REQUESTING
THE SERVICES OF SUCH QUALIFIED ORGANIZATION. THE REQUESTING ENTITY SHALL
PROVIDE, AND OPERATE, ALL NECESSARY HEAVY  EQUIPMENT,  INCLUDING  BUCKET
LIFTS OR TRUCKS. IN ADDITION, ALL EXPENSES AND COSTS ASSOCIATED WITH THE
USE  OF  VETERINARY  SERVICES  FOR EUTHANASIA SHALL BE IMMEDIATELY REIM-
BURSED TO THE ATTENDING VETERINARIAN BY THE REQUESTING ENTITY.
  11. ANY VIOLATION OF THE PROVISIONS OF THIS TITLE SHALL BE A MISDEMEA-
NOR.
  12. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO PROHIBIT OR  INTERFERE
WITH  THE POSSESSION OF A PET MONK PARAKEET, OR A DOMESTICALLY BRED MONK
PARAKEET, IN THIS STATE, INCLUDING BUT NOT LIMITED  TO,  PROHIBITING  OR
INTERFERING WITH THE POSSESSION, OWNERSHIP, BREEDING, SELLING, OR TRANS-
PORTING OF A PET OR DOMESTICALLY BRED MONK PARAKEET.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

2015-S3960B (ACTIVE) - Details

See Assembly Version of this Bill:: A540
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 11 Title 27 §§11-2701 & 11-2703, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7850
2011-2012: S1246, A8526
2013-2014: S1933, A851
2017-2018: S3058, A2146
2019-2020: A1098
2021-2022: A1783

2015-S3960B (ACTIVE) - Summary

Enacts the "monk parakeet protection act".

2015-S3960B (ACTIVE) - Sponsor Memo

2015-S3960B (ACTIVE) - Bill Text download pdf

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

                                 3960--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 24, 2015
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- recommitted to  the  Committee  on  Environmental  Conservation  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
  amended and recommitted to said committee

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  enacting the "monk parakeet protection act"

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

  Section 1. Legislative intent. The legislature  finds  that  the  monk
parakeet  has  been existing in a wild, undomesticated state in New York
since the late 1960s. The ancestors of the current flocks  are  believed
to  have  been imported legally into the United States from their native
land in Argentina. Since then, monk parakeets have established  colonies
in  parts  of New York city and lower Westchester county. Their colonies
are small, and the population of  monk  parakeets  seems  to  be  rather
stabilized  over  the past 20 years. It is estimated that there are less
than 1,000 wild monk parakeets in the state  of  New  York.  Reports  of
poaching  and  less than humane regard for nesting sites have led to the
need for formal protection of this species, which is recognized as  non-
native,  but  not  currently  categorized  as invasive, according to the
report Regulatory System  for  Non-native  Species  (New  York  Invasive
Species  Council, 2010).  The purpose of this act is to protect the wild
monk parakeet (a/k/a Quaker parakeet),  the  parrot  species  Myiopsitta
monachus,  living  in  a wild state in various parts of the state of New
York. This act shall  also  provide  humane  methods  of  relocation  or
removal,  especially where threat to human life, private or public prop-
erty, or agricultural concerns, are imminent.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04064-04-6

S. 3960--B                          2

  S 2. This act shall be known and may be cited as  the  "monk  parakeet
protection act".
  S  3.  Article  11 of the environmental conservation law is amended by
adding a new title 27 to read as follows:
                                 TITLE 27
                      MONK PARAKEET PROTECTION ACT
SECTION 11-2701. DEFINITIONS.
        11-2703. MONK PARAKEETS; PROTECTION.
S 11-2701. DEFINITIONS.
  FOR PURPOSES OF THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
  1. "QUALIFIED INDIVIDUAL" SHALL MEAN A PERSON OR PERSONS WITH EITHER A
DEGREE IN EARTH, BIOLOGICAL  OR  NATURAL  SCIENCES,  INCLUDING  GEOLOGY,
ENVIRONMENTAL  SCIENCE,  BIOLOGY,  ZOOLOGY, OR A SPECIALIZATION IN ORNI-
THOLOGY;
  2. "WILD MONK PARAKEET" SHALL MEAN A MONK PARAKEET THAT WAS BORN IN  A
NATURAL ENVIRONMENT WITHOUT HUMAN AID OR INTERVENTION, AND RAISED BY ITS
OWN  PARENTS.  THE  PROVISIONS OF THIS TITLE SHALL NOT APPLY TO ANY MONK
PARAKEET THAT IS MAINTAINED IN A  BREEDING  FACILITY,  OR  BANDED  BY  A
BREEDER,  OR MICROCHIPPED BY A BREEDER OR PET OWNER, OR THAT IS ACQUIRED
FROM A BREEDER OR PET STORE AND THAT IS KEPT IN A DOMESTIC SITUATION  AS
A PET;
  3. "QUALIFIED DESIGNATED AGENT OR AUTHORITY" SHALL MEAN EITHER A STATE
AGENCY  WITH  QUALIFIED INDIVIDUALS, OR AN ORGANIZATION WITH MEMBERS WHO
HAVE A MINIMUM OF FIVE YEARS EXPERIENCE IN THE RESCUE AND REHABILITATION
OF PARROTS OR WILD BIRDS, AND HAVE AT LEAST TWO QUALIFIED INDIVIDUALS AS
DEFINED IN SUBDIVISION ONE OF THIS  SECTION.  THE  QUALIFIED  DESIGNATED
AGENT  OR AUTHORITY SHALL BE AFFILIATED WITH ONE OR MORE AVIAN VETERINA-
RIANS; AND
  4. "BREEDING SEASON" SHALL MEAN THE PERIOD  OF  TIME  BEGINNING  APRIL
FIRST AND ENDING OCTOBER FIRST OF A CALENDAR YEAR.
S 11-2703. MONK PARAKEETS; PROTECTION.
  1.  NO PERSON SHALL CAPTURE OR HARM A WILD MONK PARAKEET CHICK, FLEDG-
LING, OR ADULT, OR TAKE OR SELL ITS  EGGS,  TO  ANY  RETAIL  OR  PRIVATE
ESTABLISHMENT OR CONCERN.
  2.  NO  PERSON  SHALL  REMOVE THE NEST OF A WILD MONK PARAKEET, UNLESS
THERE IS A DOCUMENTED AND IMMEDIATE THREAT TO HUMAN LIFE OR  PUBLIC  AND
PRIVATE PROPERTY.
  3.  THE COLLECTION OF EGGS, CHICKS, FLEDGLINGS OF WILD MONK PARAKEETS,
OR ADULT WILD MONK PARAKEETS SHALL BE DONE ONLY UNDER THE SUPERVISION OF
A DESIGNATED AND QUALIFIED INDIVIDUAL OR EXPERT.
  4. THE REMOVAL OF THE NEST OF A  WILD  MONK  PARAKEET,  IF  NECESSARY,
SHALL OCCUR OUTSIDE OF BREEDING SEASON, UNLESS THERE IS A DOCUMENTED AND
IMMEDIATE THREAT TO HUMAN LIFE OR PUBLIC AND PRIVATE PROPERTY.
  5.  THE  STATE  OR  A QUALIFIED DESIGNATED AGENT OR AUTHORITY SHALL BE
NOTIFIED AT LEAST FIVE DAYS IN ADVANCE OF ANY  PROPOSAL  TO  REMOVE  THE
NEST  OF  A  WILD MONK PARAKEET. THE DESIGNATED AGENT OR AUTHORITY SHALL
PROPOSE ALTERNATIVE ACTIONS, AND SHALL SUPERVISE ANY NEST REMOVALS IF AN
ALTERNATIVE PLAN IS NOT POSSIBLE.
  6. PRIVATE COMPANIES AND ORGANIZATIONS, UTILITY COMPANIES, AND GOVERN-
MENTAL AGENCIES, SHALL MAKE EVERY EFFORT TO SUPPLY AND ERECT ALTERNATIVE
NESTING PLATFORMS WHERE REASONABLY POSSIBLE, IF CURRENT WILD MONK PARAK-
EET NESTING SITES HAVE BEEN DEMONSTRATED TO BE A THREAT TO  HUMAN  LIFE,
PRIVATE OR PUBLIC PROPERTY, OR AGRICULTURAL CONCERNS.  EXAMPLE PLANS AND
DRAWINGS  FOR NESTING PLATFORMS SHALL BE MADE AVAILABLE TO THE PUBLIC ON
THE OFFICIAL WEBPAGE OF THE DEPARTMENT.

S. 3960--B                          3

  7. IF AN EFFORT TO PROVIDE WILD MONK PARAKEETS WITH ALTERNATIVE  NEST-
ING  PLATFORMS  FAILS OR PROVES TO BE UNSUCCESSFUL, AN ENTITY MAY EMPLOY
HUMANE MEANS TO REMOVE AND EUTHANIZE WILD MONK PARAKEETS, ONLY AS A LAST
RESORT. ALL OTHER METHODS TO PROVIDE ALTERNATIVE NESTING  OPTIONS  SHALL
BE  FIRST  EXHAUSTED.  SUCH  ENTITY  SHALL  DEMONSTRATE  IN  WRITING AND
DOCUMENTATION THAT ALL EFFORTS TO PROVIDE ALTERNATIVES HAVE FAILED,  AND
SHALL  OUTLINE  THE  METHOD  BY  WHICH EUTHANASIA SHALL BE APPLIED. SUCH
ENTITY SHALL ALSO DEMONSTRATE THAT THERE IS A DOCUMENTED  AND  IMMEDIATE
THREAT TO HUMAN LIFE OR PUBLIC AND PRIVATE PROPERTY.
  8. FOR PURPOSES OF THIS TITLE:
  A. THE USE OF CARBON MONOXIDE OR ANY OTHER GAS OR VAPOR AS A METHOD OF
EUTHANASIA IS PROHIBITED;
  B.  THE ONLY ACCEPTABLE FORM OF EUTHANASIA SHALL BE BY INJECTION OF AN
ANESTHETIC OR ANESTHETIC MIXTURE WHICH  CAUSES  IMMEDIATE  AND  PAINLESS
CESSATION OF PULMONARY AND CORONARY FUNCTION; AND
  C. ADMINISTRATION AND SUPERVISION OF THE EUTHANASIA PROCEDURE SHALL BE
DONE  BY  A  LICENSED  VETERINARIAN,  VETERINARY ASSISTANT OR VETERINARY
TECHNICIAN.
  9. THE DEPARTMENT MAY DESIGNATE A QUALIFIED ORGANIZATION TO CARRY  OUT
THE GENERAL ADMINISTRATION OF THE PROVISIONS OF THIS TITLE.
  10.  A  QUALIFIED ORGANIZATION DESIGNATED PURSUANT TO SUBDIVISION NINE
OF THIS SECTION  SHALL  BE  ENTITLED  TO  REASONABLE  REIMBURSEMENT  FOR
EXPENSES IN ASSOCIATION WITH NEST REMOVAL, FROM ANY ENTITY SO REQUESTING
THE SERVICES OF SUCH QUALIFIED ORGANIZATION. THE REQUESTING ENTITY SHALL
PROVIDE,  AND  OPERATE,  ALL NECESSARY HEAVY EQUIPMENT, INCLUDING BUCKET
LIFTS OR TRUCKS. IN ADDITION, ALL EXPENSES AND COSTS ASSOCIATED WITH THE
USE OF VETERINARY SERVICES FOR EUTHANASIA  SHALL  BE  IMMEDIATELY  REIM-
BURSED TO THE ATTENDING VETERINARIAN BY THE REQUESTING ENTITY.
  11. ANY VIOLATION OF THE PROVISIONS OF THIS TITLE SHALL BE A MISDEMEA-
NOR.
  12.  NOTHING IN THIS TITLE SHALL BE CONSTRUED TO PROHIBIT OR INTERFERE
WITH THE POSSESSION OF A PET MONK PARAKEET, OR A DOMESTICALLY BRED  MONK
PARAKEET,  IN  THIS  STATE, INCLUDING BUT NOT LIMITED TO, PROHIBITING OR
INTERFERING WITH THE POSSESSION, OWNERSHIP, BREEDING, SELLING, OR TRANS-
PORTING OF A PET OR DOMESTICALLY BRED MONK PARAKEET.
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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Senate Bill S3960B

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

2015-S3960 - Details

2015-S3960 - Summary

2015-S3960 - Sponsor Memo

2015-S3960 - Bill Text download pdf

2015-S3960A - Details

2015-S3960A - Summary

2015-S3960A - Sponsor Memo

2015-S3960A - Bill Text download pdf

2015-S3960B (ACTIVE) - Details

2015-S3960B (ACTIVE) - Summary

2015-S3960B (ACTIVE) - Sponsor Memo

2015-S3960B (ACTIVE) - Bill Text download pdf

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Senate Bill S3960B

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Sponsored By

Joseph P. Addabbo Jr.

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

2015-S3960 - Details

2015-S3960 - Summary

2015-S3960 - Sponsor Memo

2015-S3960 - Bill Text download pdf

2015-S3960A - Details

2015-S3960A - Summary

2015-S3960A - Sponsor Memo

2015-S3960A - Bill Text download pdf

2015-S3960B (ACTIVE) - Details

2015-S3960B (ACTIVE) - Summary

2015-S3960B (ACTIVE) - Sponsor Memo

2015-S3960B (ACTIVE) - Bill Text download pdf

Comments