Bill Text: NY S07851 | 2013-2014 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relates to aquatic invasive species and spread prevention; provides relevant definitions and further relates to launching and environmental concerns; stipulates penalties for violation of this section.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-06-20 - SUBSTITUTED BY A9619B [S07851 Detail]

Download: New_York-2013-S07851-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7851--A
                                   I N  S E N A T E
                                     June 13, 2014
                                      ___________
       Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
         printed to be committed to the Committee on Environmental Conservation
         -- committee discharged, bill amended, ordered  reprinted  as  amended
         and recommitted to said committee
       AN  ACT  to  amend  the  environmental  conservation law, in relation to
         aquatic invasive species, spread prevention, and penalties
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The environmental conservation law is amended by adding a
    2  new section 9-1711 to read as follows:
    3  S 9-1711. AQUATIC INVASIVE SPECIES; SPREAD PREVENTION.
    4    1. FOR PURPOSES OF THIS SECTION:
    5    (A) "ANIMAL" SHALL MEAN EVERY LIVING AND NON-LIVING CREATURE EXCEPT  A
    6  HUMAN  BEING,  DOG OR OTHER COMPANION ANIMAL AS DEFINED IN SECTION THREE
    7  HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
    8    (B) "WATERCRAFT" SHALL MEAN EVERY MOTORIZED OR NON-MOTORIZED  BOAT  OR
    9  VEHICLE  CAPABLE  OF BEING USED OR OPERATED AS A MEANS OF TRANSPORTATION
   10  OR RECREATION IN OR ON WATER.
   11    (C) "LAUNCH" SHALL MEAN TO PLACE A WATERCRAFT INTO A WATERBODY FOR ANY
   12  PURPOSE, INCLUDING BY TRAILER OR OTHER DEVICE  OR  CARRYING  BY  HAND  A
   13  WATERCRAFT INTO THE WATERBODY.
   14    2.  NO  PERSON  SHALL LAUNCH, OR ATTEMPT TO LAUNCH A WATERCRAFT FROM A
   15  BOAT LAUNCHING SITE, A FISHING ACCESS SITE, OR ANY OTHER SITE FROM WHICH
   16  A WATERCRAFT MAY BE LAUNCHED, OR LEAVE FROM THESE SITES WITH  ANY  PLANT
   17  OR  ANIMAL,  OR  PARTS  THEREOF,  VISIBLE  TO  THE HUMAN EYE, IN, ON, OR
   18  ATTACHED TO ANY PART OF THE WATERCRAFT, INCLUDING LIVEWELLS, THE  MOTOR,
   19  RUDDER,  ANCHOR OR OTHER APPURTENANCE; ANY EQUIPMENT; OR THE TRAILING OR
   20  ANY OTHER DEVICE USED TO TRANSPORT OR LAUNCH A WATERCRAFT THAT MAY  COME
   21  INTO  CONTACT WITH THE WATER, UNLESS IT CAN BE DEMONSTRATED THAT REASON-
   22  ABLE PRECAUTIONS HAVE BEEN TAKEN TO SATISFY THIS SECTION OR  ARE  OTHER-
   23  WISE AUTHORIZED BY THE DEPARTMENT.
   24    3.  NO  PERSON  SHALL LAUNCH, OR ATTEMPT TO LAUNCH A WATERCRAFT FROM A
   25  BOAT LAUNCHING SITE, A FISHING ACCESS SITE, OR ANY OTHER SITE FROM WHICH
   26  A WATERCRAFT MAY BE LAUNCHED, OR LEAVE FROM THESE SITES WITHOUT DRAINING
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15022-08-4
       S. 7851--A                          2
    1  THE WATERCRAFT, INCLUDING BILGE AREAS, LIVEWELLS, BAIT WELLS AND BALLAST
    2  TANKS, UNLESS IT CAN BE DEMONSTRATED THAT  REASONABLE  PRECAUTIONS  HAVE
    3  BEEN  TAKEN  TO  SATISFY THIS SECTION OR ARE OTHERWISE AUTHORIZED BY THE
    4  DEPARTMENT.
    5    4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO:
    6    (A)  NATIVE  PLANTS AFFIXED TO OR TRANSPORTED IN WATERCRAFT FOR USE AS
    7  CAMOUFLAGE FOR HUNTING OR WILDLIFE VIEWING PURPOSES.
    8    (B) BAIT, INCLUDING BAITFISH, THAT CAN LEGALLY BE USED ON A  WATERBODY
    9  AND IS POSSESSED CONSISTENT WITH ALL APPLICABLE LAW AND REGULATIONS.
   10    (C)  LEGALLY TAKEN GAME AS DEFINED IN SUBDIVISION 2 OF SECTION 11-0103
   11  OF THIS CHAPTER OR FISH AS DEFINED IN PARAGRAPH A OF  SUBDIVISION  1  OF
   12  SUCH SECTION.
   13    (D)  THE  USE  OF  PLANTS  OR  ANIMALS  FOR  HABITAT RESTORATION, WEED
   14  CONTROL, SCIENTIFIC RESEARCH, AQUACULTURE, OR OTHER ACTIVITY, CONSISTENT
   15  WITH  ALL  APPLICABLE  LAWS  AND  REGULATIONS  RELATED  TO  THEIR   USE,
   16  POSSESSION OR HARVEST.
   17    (E)  INTENTIONAL  TRANSPORT  OF  PLANTS  OR ANIMALS NOT DEFINED IN LAW
   18  RULES OR REGULATIONS AS INVASIVE SPECIES CONTAINED WITHIN A  WATERCRAFT,
   19  INCLUDING FOOD FOR HUMAN CONSUMPTION.
   20    S  2. Section 71-0703 of the environmental conservation law is amended
   21  by adding a new subdivision 10 to read as follows:
   22    10. ANY PERSON WHO VIOLATES SECTION 9-1711 OF THIS  CHAPTER  SHALL  BE
   23  GUILTY  OF  A  VIOLATION  AND  SHALL BE PUNISHABLE AND LIABLE TO A CIVIL
   24  PENALTY AS PROVIDED IN SUBDIVISION 1 OF THIS SECTION, PROVIDED, HOWEVER,
   25  THAT FOR ANY FIRST VIOLATION IN LIEU OF A PENALTY THERE SHALL BE  ISSUED
   26  A  WRITTEN  WARNING  BY  THE  DEPARTMENT  AND THERE SHALL ALSO BE ISSUED
   27  EDUCATION MATERIALS  AT  THE  DISCRETION  OF  THE  DEPARTMENT  REGARDING
   28  REQUIREMENTS  RELATED  TO INVASIVE SPECIES. SUCH PERSON SHALL BE SUBJECT
   29  TO A FINE OF UP TO ONE HUNDRED FIFTY DOLLARS FOR A SECOND OFFENSE, UP TO
   30  TWO HUNDRED FIFTY DOLLARS FOR A THIRD OFFENSE,  AND  NO  LESS  THAN  TWO
   31  HUNDRED FIFTY DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS FOR A FOURTH OR
   32  SUBSEQUENT OFFENSE.
   33    S  3.  Subdivision 1 of section 11-0323 of the environmental conserva-
   34  tion law, as separately amended by section 19 of part H  of  chapter  58
   35  and chapter 342 of the laws of 2012, is amended to read as follows:
   36    1. The department shall compile and index each year after the adjourn-
   37  ment  of the legislature the laws relating to fish and wildlife, as well
   38  as invasive species (as defined in section 9-1703  AND  9-1711  of  this
   39  chapter), as amended to date. Copies of the compilation shall be printed
   40  in  pamphlet form of pocket size in the number for which the legislature
   41  may appropriate funds.
   42    S 4. Within one year from enactment of  this  act  the  department  of
   43  environmental  conservation  shall  issue  regulations establishing what
   44  constitutes reasonable precautions that need to be taken to satisfy this
   45  section and otherwise needed for the implementation of this section.
   46    S 5. This act shall take effect on the ninetieth day  after  it  shall
   47  have become a law.