Relates to any department of environmental conservation management plan regarding mute swans

2 Co-sponsors

• Phil Boyle
• Brad Hoylman-Sigal

Title of bill

An act establishing a moratorium on the department of environmental conservation's plan to declare mute swans a "prohibited invasive species"; and providing for the repeal of such provisions upon expiration thereof

Purpose of the bill

The purpose of this bill is to impose restrictions on the eradication of the mute swan population.

Summary of provisions

Section 1 of the bill requires the department of environmental conservation, prior to finalizing any management plan for mute swans, to hold not less than two public hearings and to respond to all public comments.

In addition, any proposed management plan would be required to prioritize non-lethal management techniques and include scientific evidence of projected and current environmental damage caused by the mute swan population of only 2,200 across the state.

Section 2 establishes the effective date.

Justification

In 2013, the Department of Environmental Conservation (DEC) announced its intention to completely eliminate mute swans in New York State by 2025. An official draft management plan for the eradication of mute swans was subsequently released in January 2014. Thousands of individuals and organizations submitted comments due to the controversial nature of this plan. Based on this input, DEC released a revised draft management plan for additional comment in March 2015. DEC has received thousands of additional comments.

Wildlife experts, rehabilitators and environmentalists do not unanimously agree that exterminating the mute swan population is justified. In addition, there is debate amongst such experts about whether the planned eradication of the mute swan population is even minimally beneficial to our environment.

While there has been a comment period for after the release of each draft management plan, DEC has failed to hold one public hearing to give individuals or organizations the opportunity to express their opposition to this plan.

Further frustrating the public, DEC has only sought input from very specific organizations-none of whom oppose a lethal plan. No organizations who were expressly in opposition of the original draft management plan and have submitted comments have received any acknowledgement from the authority

Thus, it is necessary-despite the fact that there have been comment periods-to require DEC to hold two public hearings and respond to all public comments. Doing so will ensure that the process for finalizing the management plan is more inclusive and uniformly applied to all no matter one's viewpoint.

Further, DEC should be required to illustrate the necessity of eradicating this non-native species by demonstrating the actual damage to the environment or other species that is caused by mute swans.

Prior legislative history

2015: S1555/A3675 (Cymbrowitz): Passed Both Houses, Vetoed - Veto Message No. 249/2015 2013-2014: S6589-A/A8790-A (Cymbrowitz): Passed Both Houses, Vetoed - Veto Message No. 543/2014

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect immediately and shall expire and be deemed repealed two years after such effective date.