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.