Relates to the sale, distribution, transport and trade of eurasian boars

Summary of provisions:

Section 1 of the bill would amend Environmental Conservation Law (ECL) § 11-0103(29) to delete the term swine from the definition of a captive bred North American big game mammal.

Section 2 would add a new ECL § 11-0514 to provide a definition of "Eurasian boar" and specifically exclude from the definition domesticated pigs. This section would also, (i) immediately prohibit the importation, breeding or release to the wild of Eurasian boar, (ii) prohibit the possession, sale, distribution or transportation of Eurasian boar - effective on September 1, 2015, and (iii) authorize the Department of Environmental Conservation (DEC) to adopt rules and regulations necessary to implement and administer this section.

Section 3 would amend ECL § 71-0925(15) to provide for the imposition of a civil penalty associated with violating ECL § 11-0514.

Section 4 would provide that the bill would take effect immediately; provided, however, that any person, firm, partnership or corporation which has a contract to import Eurasian boars as of the effective date of this bill may import such animals for sixty days following enactment.

Existing law: ECL Article 11 authorizes DEC to regulate and manage the state's wildlife - Title 3 of which sets forth DEC's general powers and duties related to management of fish and wildlife resources. ECL Article 71, Title 9 sets forth enforcement provisions related to the Fish and Wildlife Law.

Prior Legislative history: This is a new bill.

Statement in Support: Eurasian boars - often referred to as wild boar, razorback, and Russian boar - are wild boars native to Europe and Asia or a hybrid between a Eurasian boar and a domestic pig. Eurasian boars are new to the New York landscape and represent a threat to the public health and welfare absent immediate action, based on their adaptability and naturally destructive behavior. In this respect, many Eurasian boars have escaped or been released from enclosed shooting facilities, breeding facilities or animal sanctuaries, and are now loose in the more rural areas of the State. Unlike domesticated farm pigs, Eurasian boars mature in 6-10 months and can breed up to twice a year, with litters averaging 6-8 piglets. The population of Eurasian boars in any given area can double or even triple in a single year.

Eurasian boars in New York can have serious adverse impacts on native plants and wildlife, livestock, agriculture, and public health:

* They consume the nests and eggs of ground nesting birds and reptiles.

* They can kill and eat fawns and young domestic livestock.

* They eat almost any agricultural crop as well as tree seeds and seedlings.

* Their rooting and wallowing habits destroy crops and native vegetation, cause erosion, and negatively affect water quality. Every Eurasian boar in the wild is estimated to destroy 11 acres of wetlands in its lifetime.

* They have razor sharp tusks and can be aggressive toward humans and their pets.

* They carry and can transmit several serious diseases including swine brucellosis, E. coli, trichinosis, and pseudorabies to livestock and /or humans. Some of these diseases, if introduced to domestic swine, can decimate the pork industry and could result in losing the ability to ship animals to other states.

Due to their aggressive nature and size, Eurasian boars are very difficult to contain. Voluntary management practices such as fencing, sterilization, and branding are insufficient and unenforceable as these animals have been known to escape from game breeders, shooting facilities, and sanctuaries despite fencing and other preventive measures. Recovery of escaped animals is very difficult and costly. For example, DEC and the Animal and Plant Health Inspection Service (part of USDA) worked cooperatively to remove 35 boars in Clinton County over the course of a year. DEC's cost alone was $68,000 -- more than $2,600 per animal.

Other parts of the country where hunting preserves have long been established have seen a proliferation of problems related to Eurasian boars. For example, Eurasian boars located in Texas cause an estimated $52 million per year in damages to crops, with landowners spending an estimated $7 million annually on the control and/or correction of damage. A 2011 survey from the Georgia Feral Hog Working Group found that losses due to wild pigs exceeded $81 million, including the destruction of wildlife sea turtle nests and damage to dikes. Alabama has reported populations of Eurasian boar in every county of the state, with millions of dollars in damage to public property, including rooting damage, lowered water quality, damage to timber, wetlands and endangered plant and native wildlife communities. There is growing evidence of these same problems occurring in New York. Farmers in Tioga, Delaware, Clinton, Cortland and Onondaga Counties have reported damage to various crops caused by Eurasian boar. There have also been complaints of attacks on wildlife, pets and domestic livestock. The numerous adverse effects to public health and safety, when added to the difficulty of containing Eurasian boars, make this species a public nuisance. To address this public nuisance, the State must take immediate action to ensure that any type of farming or hunting preserves related to Eurasian boars is prohibited

Under existing law, Eurasian boars may be possessed legally, including for the purposes of hunting and meat production. There are thirteen known enclosed shooting facilities that include boar. Some of the facilities charge $350 to $1,000 per animal for the opportunity to hunt. This bill would prohibit the possession, sale, trade and transportation of Eurasian boar in an effort to eliminate Eurasian boar from New York's landscape. This bill would also authorize DEC to promulgate regulations necessary to implement these prohibitions and ensure that Eurasian boars do not become established in the wild. To allow the owners of facilities with Eurasian boar the opportunity to realize the economic benefit associated with their operations and to allow for an appropriate disposition, the bill authorizes the continued possession of these animals for two years after enactment through August 31, 2015.

Budget Implications: None.

Local Impact: None.

Effective Date: This bill would take effect immediately; provided, however, that any person, firm, partnership or corporation which has a contract to import Eurasian boars as of the effective date of this bill may import such animals for sixty days following enactment.