S T A T E   O F   N E W   Y O R K
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    S. 6667                                                  A. 8857

                      S E N A T E - A S S E M B L Y

                            February 25, 2014
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Environmental
  Conservation

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Environmental Conservation

AN ACT in relation to imposing a moratorium on any plan or proposed plan
  of the department of environmental conservation to designate the  mute
  swan  as a prohibited invasive species or eliminate the mute swan from
  New York state

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Notwithstanding any provisions of law, rule, or regulation
to the contrary, a moratorium is imposed on:
  a. any plan or  proposed  plan  of  the  department  of  environmental
conservation  to  designate  the  mute  swan  as  a  prohibited invasive
species; and
  b. the implementation of any management plan for  mute  swans  in  New
York state, including, but not limited to, any such management plan that
provides for the elimination of mute swans from New York state.
  S  2.  a.  There  is  hereby established a committee to study the mute
swan.  Such study shall undertake, as its primary  focus,  to  determine
whether  or  not the mute swan shall be designated as a prohibited inva-
sive species and, if so designated, whether or  not  the  population  of
mute  swans in New York state should be eliminated.  The committee shall
consider modalities other than the elimination of the species  and  make
specific  findings  as  to  the  efficacy  of those alternatives.   Such
committee shall report the findings of its study to the governor and the
legislature no later than one year after the effective date of this act.
  b. Such committee shall consist of seven members as  follows:    three
members who shall be appointed by the governor; two members who shall be
appointed  by the temporary president of the senate; and two members who
shall be appointed by the speaker of the assembly.  There  shall  be  no
more  than  one  member who is an employee of the department of environ-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14133-03-4

S. 6667                             2                            A. 8857

mental conservation.  The committee shall select a chairperson from  the
members appointed by the governor.
  c.  The  appointed  members of the committee shall each have knowledge
and expertise in wildlife management, including, but not limited to  the
control of prohibited invasive species.
  d.  Appointed  members of the committee shall serve at the pleasure of
their appointing authority. A vacancy  in  membership  by  an  appointed
member  shall  be filled in the same manner as the original appointment.
Members of  the  committee  shall  receive  no  compensation  for  their
services but shall be reimbursed for all expenses actually and necessar-
ily incurred by them in the performance of their duties.
  S  3. The moratorium set forth in section one of this act shall remain
in full force and effect until 120 days after the committee to study the
mute swan reports its findings to the governor and  the  legislature  as
set forth in section two of this act.
  S 4. This act shall take effect immediately.