Requires the department of environmental conservation to take action with respect to nonnative animal and plant species

6 Co-sponsors

• Mark Grisanti
• John J. Bonacic
• Thomas K. Duane
• Thomas F. O'Mara
• Joseph E. Robach
• Catharine Young

BILL NUMBER:S6826A

Title of bill

An act to amend the environmental conservation law and the agriculture and markets law, in relation to nonnative animal and plant species

Purpose or general idea of bill

The purpose of this bill is to strengthen controls regarding the prevention, spread and control of invasive species.

Summary of specific provisions

This bill would:

Require the Department of Environmental Conservation (DEC), in cooperation with the Department of Agriculture and Markets (DAM) to:

o restrict the sale, purchase, possession, introduction, importation and transport of invasive species; and,

o in consultation with the Invasive Species Council, promulgate joint regulations to develop:

permits for prohibited species disposal, control, research and education;

- a list of prohibited species, which shall be unlawful to knowingly possess with the intent to sell, import, purchase, transport or introduce;

- a list of prohibited species unlawful to possess with the intent to sell, import, purchase, transport or introduce, import, sell, purchase, propagate, transport, or introduce except under a permit for disposal, control, research, or education; and

- a list of regulated species that would be legal to possess, sell, buy, propagate and transport but may not be knowingly introduced into a free living state;

- if deemed necessary, grace periods for prohibited and regulated species so businesses can plan the management of existing stock

o establish penalties for violations of invasive species regulations

Effects of present law which this bill would alter

Amends §9-1709 (1), (2) and adds a new §71-0703 to the Environmental Conservation Law.

Justification

Invasive species threaten New York's environment by out-competing native species, diminishing biological diversity, and Changing whole ecosystems including those within public parks and waterways. At an Assembly public hearing to solicit public input on the best methods for preventing the introduction of invasive species and combating the

invasive species already present held in September 2011, the myriad of problems associated with invasive species received extensive discussion. In order to help mitigate the devastating environmental and economic impacts of invasive species, this legislation would provide DEC with explicit authority to regulate the sale, purchase, possession, introduction, importation and transport of invasive species and establish penalties for those who violate such regulations.

Prior legislative history

This is a new bill.

Fiscal implications for state and local governments

None to the State.

Effective date

This act shall take effect 180 days after enactment. Effective immediately, the department of environmental conservation and the department of agriculture and markets shall promulgate regulations to implement the provisions of this act. Such regulation shall be completed before September 1, 2013.