S T A T E O F N E W Y O R K ________________________________________________________________________ 1933 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. ADDABBO -- 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 "monk parakeet protection act" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative intent. The legislature finds that the monk 2 parakeet has been existing in a wild, undomesticated state in New York 3 since the late 1960s. The ancestors of the current flocks are believed 4 to have been imported legally into the United States from their native 5 land in Argentina. Since then, monk parakeets have established colonies 6 in parts of New York city and lower Westchester county. Their colonies 7 are small, and the population of monk parakeets seems to be rather 8 stabilized over the past 20 years. It is estimated that there are less 9 than 1,000 wild monk parakeets in the state of New York. Reports of 10 poaching and less than humane regard for nesting sites have led to the 11 need for formal protection of this species, which is recognized as non- 12 native, but not currently categorized as invasive, according to the 13 report Regulatory System for Non-native Species (New York Invasive 14 Species Council, 2010). The purpose of this act is to protect the wild 15 monk parakeet (a/k/a Quaker parakeet), the parrot species Myiopsitta 16 monachus, living in a wild state in various parts of the state of New 17 York. This act shall also provide humane methods of relocation or 18 removal, especially where threat to human life, private or public prop- 19 erty, or agricultural concerns, are imminent. 20 S 2. This act shall be known and may be cited as the "monk parakeet 21 protection act." 22 S 3. Article 11 of the environmental conservation law is amended by 23 adding a new title 27 to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04968-01-3 S. 1933 2 1 TITLE 27 2 MONK PARAKEET PROTECTION ACT 3 SECTION 11-2701. DEFINITIONS. 4 11-2703. MONK PARAKEETS; PROTECTION. 5 S 11-2701. DEFINITIONS. 6 FOR PURPOSES OF THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW- 7 ING MEANINGS: 8 1. "QUALIFIED INDIVIDUAL" SHALL MEAN A PERSON OR PERSONS WITH EITHER A 9 DEGREE IN EARTH, BIOLOGICAL OR NATURAL SCIENCES, INCLUDING GEOLOGY, 10 ENVIRONMENTAL SCIENCE, BIOLOGY, ZOOLOGY, OR A SPECIALIZATION IN ORNI- 11 THOLOGY; 12 2. "WILD MONK PARAKEET" SHALL MEAN A MONK PARAKEET THAT WAS BORN IN A 13 NATURAL ENVIRONMENT WITHOUT HUMAN AID OR INTERVENTION, AND RAISED BY ITS 14 OWN PARENTS. THE PROVISIONS OF THIS TITLE SHALL NOT APPLY TO ANY MONK 15 PARAKEET THAT IS BANDED BY A BREEDER AND PREVIOUSLY EXISTED IN A DOMES- 16 TIC SITUATION AS A PET; 17 3. "QUALIFIED DESIGNATED AGENT OR AUTHORITY" SHALL MEAN EITHER A STATE 18 AGENCY WITH QUALIFIED INDIVIDUALS, OR AN ORGANIZATION WITH MEMBERS WHO 19 HAVE A MINIMUM OF FIVE YEARS EXPERIENCE IN THE RESCUE AND REHABILITATION 20 OF PARROTS OR WILD BIRDS, AND HAVE AT LEAST TWO QUALIFIED INDIVIDUALS AS 21 DEFINED IN SUBDIVISION ONE OF THIS SECTION. THE QUALIFIED DESIGNATED 22 AGENT OR AUTHORITY SHALL BE AFFILIATED WITH ONE OR MORE AVIAN VETERINA- 23 RIANS; AND 24 4. "BREEDING SEASON" SHALL MEAN THE PERIOD OF TIME BEGINNING APRIL 25 FIRST AND ENDING OCTOBER FIRST OF A CALENDAR YEAR. 26 S 11-2703. MONK PARAKEETS; PROTECTION. 27 1. NO PERSON SHALL CAPTURE OR HARM A MONK PARAKEET CHICK, FLEDGLING, 28 OR ADULT, OR TAKE OR SELL ITS EGGS, TO ANY RETAIL OR PRIVATE ESTABLISH- 29 MENT OR CONCERN. 30 2. NO PERSON SHALL REMOVE THE NEST OF A MONK PARAKEET, UNLESS THERE IS 31 A DOCUMENTED AND IMMEDIATE THREAT TO HUMAN LIFE OR PUBLIC AND PRIVATE 32 PROPERTY. 33 3. THE COLLECTION OF EGGS, CHICKS, FLEDGLINGS, OR ADULT MONK PARAKEETS 34 SHALL BE DONE ONLY UNDER THE SUPERVISION OF A DESIGNATED AND QUALIFIED 35 INDIVIDUAL OR EXPERT. 36 4. THE REMOVAL OF THE NEST OF A MONK PARAKEET, IF NECESSARY, SHALL 37 OCCUR OUTSIDE OF BREEDING SEASON, UNLESS THERE IS A DOCUMENTED AND IMME- 38 DIATE THREAT TO HUMAN LIFE OR PUBLIC AND PRIVATE PROPERTY. 39 5. THE STATE OR A QUALIFIED DESIGNATED AGENT OR AUTHORITY SHALL BE 40 NOTIFIED AT LEAST FIVE DAYS IN ADVANCE OF ANY PROPOSAL TO REMOVE THE 41 NEST OF A MONK PARAKEET. THE DESIGNATED AGENT OR AUTHORITY SHALL PROPOSE 42 ALTERNATIVE ACTIONS, AND SHALL SUPERVISE ANY NEST REMOVALS IF AN ALTER- 43 NATIVE PLAN IS NOT POSSIBLE. 44 6. PRIVATE COMPANIES AND ORGANIZATIONS, UTILITY COMPANIES, AND GOVERN- 45 MENTAL AGENCIES, SHALL MAKE EVERY EFFORT TO SUPPLY AND ERECT ALTERNATIVE 46 NESTING PLATFORMS WHERE REASONABLY POSSIBLE, IF CURRENT MONK PARAKEET 47 NESTING SITES HAVE BEEN DEMONSTRATED TO BE A THREAT TO HUMAN LIFE, 48 PRIVATE OR PUBLIC PROPERTY, OR AGRICULTURAL CONCERNS. EXAMPLE PLANS AND 49 DRAWINGS FOR NESTING PLATFORMS SHALL BE MADE AVAILABLE TO THE PUBLIC ON 50 THE OFFICIAL WEBPAGE OF THE DEPARTMENT. 51 7. IF AN EFFORT TO PROVIDE MONK PARAKEETS WITH ALTERNATIVE NESTING 52 PLATFORMS FAILS OR PROVES TO BE UNSUCCESSFUL, AN ENTITY MAY EMPLOY 53 HUMANE MEANS TO REMOVE AND EUTHANIZE MONK PARAKEETS, ONLY AS A LAST 54 RESORT. ALL OTHER METHODS TO PROVIDE ALTERNATIVE NESTING OPTIONS SHALL 55 BE FIRST EXHAUSTED. SUCH ENTITY SHALL DEMONSTRATE IN WRITING AND 56 DOCUMENTATION THAT ALL EFFORTS TO PROVIDE ALTERNATIVES HAVE FAILED, AND S. 1933 3 1 SHALL OUTLINE THE METHOD BY WHICH EUTHANASIA SHALL BE APPLIED. SUCH 2 ENTITY SHALL ALSO DEMONSTRATE THAT THERE IS A DOCUMENTED AND IMMEDIATE 3 THREAT TO HUMAN LIFE OR PUBLIC AND PRIVATE PROPERTY. 4 8. FOR PURPOSES OF THIS TITLE: 5 A. THE USE OF CARBON MONOXIDE OR ANY OTHER GAS OR VAPOR AS A METHOD OF 6 EUTHANASIA IS PROHIBITED; 7 B. THE ONLY ACCEPTABLE FORM OF EUTHANASIA SHALL BE BY INJECTION OF AN 8 ANESTHETIC OR ANESTHETIC MIXTURE WHICH CAUSES IMMEDIATE AND PAINLESS 9 CESSATION OF PULMONARY AND CORONARY FUNCTION; AND 10 C. ADMINISTRATION AND SUPERVISION OF THE EUTHANASIA PROCEDURE SHALL BE 11 DONE BY A LICENSED VETERINARIAN, VETERINARY ASSISTANT OR VETERINARY 12 TECHNICIAN. 13 9. THE DEPARTMENT MAY DESIGNATE A QUALIFIED ORGANIZATION TO CARRY OUT 14 THE GENERAL ADMINISTRATION OF THE PROVISIONS OF THIS TITLE. 15 10. A QUALIFIED ORGANIZATION DESIGNATED PURSUANT TO SUBDIVISION NINE 16 OF THIS SECTION SHALL BE ENTITLED TO REASONABLE REIMBURSEMENT FOR 17 EXPENSES IN ASSOCIATION WITH NEST REMOVAL, FROM ANY ENTITY SO REQUESTING 18 THE SERVICES OF SUCH QUALIFIED ORGANIZATION. THE REQUESTING ENTITY SHALL 19 PROVIDE, AND OPERATE, ALL NECESSARY HEAVY EQUIPMENT, INCLUDING BUCKET 20 LIFTS OR TRUCKS. IN ADDITION, ALL EXPENSES AND COSTS ASSOCIATED WITH THE 21 USE OF VETERINARY SERVICES FOR EUTHANASIA SHALL BE IMMEDIATELY REIM- 22 BURSED TO THE ATTENDING VETERINARIAN BY THE REQUESTING ENTITY. 23 11. ANY VIOLATION OF THE PROVISIONS OF THIS TITLE SHALL BE A MISDEMEA- 24 NOR. 25 S 4. This act shall take effect on the sixtieth day after it shall 26 have become a law.