Bill Text: NY S00145 | 2009-2010 | General Assembly | Introduced

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Bill Title: Enacts the "aquatic nuisance species coalition participation act"; authorizes the department of environmental conservation to participate in the Great Lakes aquatic nuisance species coalition.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-01-05 - REFERRED TO ENVIRONMENTAL CONSERVATION [S00145 Detail]

Download: New_York-2009-S00145-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          145
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  Sen. MAZIARZ -- 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 "aquatic nuisance species coalition participation act"
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Article 17 of the environmental conservation law is amended
    2  by adding a new title 23 to read as follows:
    3                                  TITLE 23
    4                          AQUATIC NUISANCE SPECIES
    5                         COALITION PARTICIPATION ACT
    6  SECTION 17-2301. SHORT TITLE.
    7          17-2303. LEGISLATIVE FINDINGS.
    8          17-2305. DEFINITIONS.
    9          17-2307. PARTICIPATION IN GREAT LAKES AQUATIC  NUISANCE  SPECIES
   10                     COALITION; OTHER COOPERATIVE AND COORDINATED EFFORTS.
   11  S 17-2301. SHORT TITLE.
   12    THIS  TITLE  SHALL  BE KNOWN AND MAY BE CITED AS THE "AQUATIC NUISANCE
   13  SPECIES COALITION PARTICIPATION ACT."
   14  S 17-2303. LEGISLATIVE FINDINGS.
   15    THE LEGISLATURE FINDS THAT AQUATIC NUISANCE SPECIES ALREADY INTRODUCED
   16  INTO THE GREAT LAKES, PREDOMINANTLY  THROUGH  BALLAST  WATER  DISCHARGES
   17  FROM OCEAN-GOING VESSELS, HAVE LED TO SIGNIFICANT ECOLOGICAL AND ECONOM-
   18  IC  IMPACTS.  AT  LEAST  ONE HUNDRED EIGHTY AQUATIC NUISANCE SPECIES ARE
   19  ESTABLISHED IN THE GREAT LAKES. SINCE THE OPENING OF THE ST.    LAWRENCE
   20  SEAWAY  IN  NINETEEN  HUNDRED  FIFTY-NINE, BALLAST WATER DISCHARGES FROM
   21  OCEAN-GOING VESSELS HAVE BEEN IMPLICATED IN MORE THAN TWO-THIRDS OF  THE
   22  INTRODUCTIONS OF NEW AQUATIC NUISANCE SPECIES IN THE GREAT LAKES.
   23    THE LEGISLATURE FURTHER FINDS THAT THE AQUATIC NUISANCE SPECIES INTRO-
   24  DUCED  INTO  THE GREAT LAKES, SUCH AS THE SEA LAMPREY, THE ZEBRA MUSSEL,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01601-01-1
       S. 145                              2
    1  THE RUFFE, THE GOBY, AND THE SPINY WATER FLEA, HAVE  COMPETED  WITH  AND
    2  PREYED  UPON  NATIVE  PLANTS,  FISH  AND WILDLIFE, RESULTING IN DRAMATIC
    3  DECREASES IN POPULATION,  COMPROMISED  SPECIES  VIABILITY,  AND  SERIOUS
    4  ALTERATIONS TO THE ECOSYSTEM. THESE IMPACTS MAY BE IRREVERSIBLE.
    5    THE  LEGISLATURE  FURTHER  FINDS  THAT  AQUATIC  NUISANCE SPECIES HAVE
    6  HARMED THE GREAT LAKES' COMMERCIAL AND RECREATIONAL  FISHING  INDUSTRIES
    7  AND  DAMAGED  WATER  SUPPLY AND ENERGY PRODUCTION INFRASTRUCTURE.  THESE
    8  DAMAGES HAVE RESULTED IN BILLIONS OF  DOLLARS  OF  ECONOMIC  DISRUPTION,
    9  INCLUDING  MORE THAN 1.5 BILLION DOLLARS EXPENDED TO ADDRESS THE IMPACTS
   10  OF THE ZEBRA MUSSEL IN THE GREAT LAKES BASIN.
   11    THE LEGISLATURE FURTHER FINDS THAT THE THREAT OF NEW INTRODUCTIONS  OF
   12  AQUATIC  NUISANCE  INVASIVE SPECIES IN THE GREAT LAKES IS REAL AND GROW-
   13  ING. INTRODUCTION OF A NEW AQUATIC  NUISANCE  SPECIES  ANYWHERE  IN  THE
   14  GREAT  LAKES POSES A THREAT TO THE ENTIRE GREAT LAKES ECOSYSTEM, INCLUD-
   15  ING THE WATERS OF THE STATE.
   16    THE LEGISLATURE FURTHER FINDS THAT IN TWO THOUSAND FIVE THE  STATE  OF
   17  MICHIGAN  CREATED  THE GREAT LAKES AQUATIC NUISANCE SPECIES COALITION TO
   18  BRING STATES TOGETHER TO COLLABORATIVELY DEVISE CONSISTENT  STATE  REGU-
   19  LATIONS  TO  MANAGE AQUATIC NUISANCE SPECIES DISCHARGED FROM OCEAN-GOING
   20  VESSELS' BALLAST WATER TO PROTECT THE GREAT LAKES BASIN.
   21    THE LEGISLATURE FURTHER FINDS THAT  BECAUSE  ALL  OCEAN-GOING  VESSELS
   22  MUST  PASS  THROUGH  NEW  YORK STATE'S GREAT LAKES WATERS, REGARDLESS OF
   23  WHETHER THEY STOP AT NEW YORK STATE PORTS,  NEW  YORK  STATE  CARRIES  A
   24  SINGULAR  OBLIGATION  TO ACTIVELY PARTICIPATE IN THE GREAT LAKES AQUATIC
   25  NUISANCE SPECIES COALITION.
   26  S 17-2305. DEFINITIONS.
   27    AS USED IN THIS TITLE:
   28    1. "AQUATIC NUISANCE SPECIES" MEANS A NON-INDIGENOUS  SPECIES,  EITHER
   29  ALREADY ESTABLISHED OR NOT YET ESTABLISHED IN THE REGION, THAT THREATENS
   30  OR  COULD  THREATEN  THE  DIVERSITY  OR ABUNDANCE OF NATIVE SPECIES, THE
   31  ECOLOGICAL STABILITY OF INFESTED WATERS, CONSUMPTIVE USE OF THE INFESTED
   32  WATERS, OR COMMERCIAL, AGRICULTURAL, AQUACULTURAL OR RECREATIONAL ACTIV-
   33  ITIES DEPENDENT ON SUCH WATERS.
   34    2. "BALLAST WATER" MEANS ANY WATER AND SUSPENDED MATTER TAKEN ON BOARD
   35  A VESSEL TO CONTROL OR MAINTAIN TRIM, DRAUGHT, STABILITY, OR STRESSES OF
   36  THE VESSEL, REGARDLESS OF HOW IT IS CARRIED,  INCLUDING  RESIDUAL  WATER
   37  AND SUSPENDED MATTER IN VESSELS DECLARING NO BALLAST ON BOARD.
   38    3.  "GREAT LAKES" MEANS LAKE ONTARIO, LAKE ERIE, LAKE HURON (INCLUDING
   39  LAKE ST. CLAIR), LAKE MICHIGAN, LAKE SUPERIOR, AND THE CONNECTING  CHAN-
   40  NELS  (SAINT  MARY'S  RIVER,  SAINT  CLAIR RIVER, DETROIT RIVER, NIAGARA
   41  RIVER, AND SAINT LAWRENCE RIVER TO THE CANADIAN  BORDER),  AND  INCLUDES
   42  ALL  OTHER  BODIES  OF WATER WITHIN THE DRAINAGE BASIN OF SUCH LAKES AND
   43  CONNECTING CHANNELS.
   44    4. "NON-INDIGENOUS SPECIES" MEANS ANY SPECIES OR OTHER VIABLE  BIOLOG-
   45  ICAL  MATERIAL  THAT  ENTERS  AN  ECOSYSTEM  BEYOND  ITS HISTORIC RANGE,
   46  INCLUDING ANY SUCH ORGANISM TRANSFERRED FROM ONE COUNTRY INTO ANOTHER.
   47  S 17-2307. PARTICIPATION IN GREAT LAKES AQUATIC NUISANCE SPECIES  COALI-
   48               TION; OTHER COOPERATIVE AND COORDINATED EFFORTS.
   49    1.  THE  DEPARTMENT  IS  AUTHORIZED AND DIRECTED TO PARTICIPATE IN THE
   50  GREAT LAKES AQUATIC NUISANCE  SPECIES  COALITION  AS  ORGANIZED  BY  THE
   51  MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY FOR THE PURPOSE OF DEVISING
   52  BASIN-WIDE  REGULATIONS  TO  ADDRESS  THE  DISCHARGE OF AQUATIC NUISANCE
   53  SPECIES IN THE BALLAST WATER OF OCEAN-GOING VESSELS.
   54    2. TO THE EXTENT CONSISTENT  WITH  NEW  YORK'S  SOVEREIGN  RIGHTS  AND
   55  RESPONSIBILITIES, THE DEPARTMENT SHALL ALSO CONTINUE TO ACTIVELY PARTIC-
   56  IPATE  WITH  ENTITIES CONCERNED WITH AQUATIC NUISANCE SPECIES INCLUDING,
       S. 145                              3
    1  BUT NOT EXCLUSIVE TO, THE  INTERNATIONAL  JOINT  COMMISSION,  THE  GREAT
    2  LAKES COMMISSION, THE GREAT LAKES PANEL ON AQUATIC NUISANCE SPECIES, THE
    3  GREAT  LAKES  FISHERY  COMMISSION,  THE  UNITED  STATES COAST GUARD, THE
    4  UNITED  STATES  ENVIRONMENTAL  PROTECTION  AGENCY AND THE NEW YORK STATE
    5  INVASIVE SPECIES TASK FORCE.
    6    3. THE DEPARTMENT SHALL REPORT TO THE GOVERNOR AND TO THE  LEGISLATURE
    7  AT  LEAST  ANNUALLY  ON  GREAT  LAKES AQUATIC NUISANCE SPECIES COALITION
    8  ACTIVITIES.
    9    S 2. This act shall take effect immediately.