Relates to aquatic invasive species and spread prevention

8 Co-sponsors

• Tony Avella
• John J. Bonacic
• David Carlucci
• Brad Hoylman-Sigal
• George Latimer
• Michael F. Nozzolio
• John L. Sampson
• David J. Valesky

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.