S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 540--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Environmental Conservation -- recommitted to the  Commit-
  tee  on Environmental Conservation in accordance with Assembly Rule 3,
  sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

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:

  Section  1.  Legislative  intent.  The legislature finds that the monk
parakeet has been existing in a wild, undomesticated state in  New  York
since  the  late 1960s. The ancestors of the current flocks are believed
to have been imported legally into the United States from  their  native
land  in Argentina. Since then, monk parakeets have established colonies
in parts of New York city and lower Westchester county.  Their  colonies
are  small,  and  the  population  of  monk parakeets seems to be rather
stabilized over the past 20 years. It is estimated that there  are  less
than  1,000  wild  monk  parakeets  in the state of New York. Reports of
poaching and less than humane regard for nesting sites have led  to  the
need  for formal protection of this species, which is recognized as non-
native, but not currently categorized  as  invasive,  according  to  the
report  Regulatory  System  for  Non-native  Species  (New York Invasive
Species Council, 2010).  The purpose of this act is to protect the  wild
monk  parakeet  (a/k/a  Quaker  parakeet), the parrot species Myiopsitta
monachus, living in a wild state in various parts of the  state  of  New
York.  This  act  shall  also  provide  humane  methods of relocation or
removal, especially where threat to human life, private or public  prop-
erty, or agricultural concerns, are imminent.
  S  2.  This  act shall be known and may be cited as the "monk parakeet
protection act".

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

                                                           LBD04064-05-6

A. 540--A                           2

  S 3. Article 11 of the environmental conservation law  is  amended  by
adding a new title 27 to read as follows:
                                 TITLE 27
                      MONK PARAKEET PROTECTION ACT
SECTION 11-2701. DEFINITIONS.
        11-2703. MONK PARAKEETS; PROTECTION.
S 11-2701. DEFINITIONS.
  FOR PURPOSES OF THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
  1. "QUALIFIED INDIVIDUAL" SHALL MEAN A PERSON OR PERSONS WITH EITHER A
DEGREE  IN  EARTH,  BIOLOGICAL  OR  NATURAL SCIENCES, INCLUDING GEOLOGY,
ENVIRONMENTAL SCIENCE, BIOLOGY, ZOOLOGY, OR A  SPECIALIZATION  IN  ORNI-
THOLOGY;
  2.  "WILD MONK PARAKEET" SHALL MEAN A MONK PARAKEET THAT WAS BORN IN A
NATURAL ENVIRONMENT WITHOUT HUMAN AID OR INTERVENTION, AND RAISED BY ITS
OWN PARENTS. THE PROVISIONS OF THIS TITLE SHALL NOT APPLY  TO  ANY  MONK
PARAKEET  THAT  IS  MAINTAINED  IN  A  BREEDING FACILITY, OR BANDED BY A
BREEDER, OR MICROCHIPPED BY A BREEDER OR PET OWNER, OR THAT IS  ACQUIRED
FROM  A BREEDER OR PET STORE AND THAT IS KEPT IN A DOMESTIC SITUATION AS
A PET;
  3. "QUALIFIED DESIGNATED AGENT OR AUTHORITY" SHALL MEAN EITHER A STATE
AGENCY WITH QUALIFIED INDIVIDUALS, OR AN ORGANIZATION WITH  MEMBERS  WHO
HAVE A MINIMUM OF FIVE YEARS EXPERIENCE IN THE RESCUE AND REHABILITATION
OF PARROTS OR WILD BIRDS, AND HAVE AT LEAST TWO QUALIFIED INDIVIDUALS AS
DEFINED  IN  SUBDIVISION  ONE  OF THIS SECTION. THE QUALIFIED DESIGNATED
AGENT OR AUTHORITY SHALL BE AFFILIATED WITH ONE OR MORE AVIAN  VETERINA-
RIANS; AND
  4.  "BREEDING  SEASON"  SHALL  MEAN THE PERIOD OF TIME BEGINNING APRIL
FIRST AND ENDING OCTOBER FIRST OF A CALENDAR YEAR.
S 11-2703. MONK PARAKEETS; PROTECTION.
  1. NO PERSON SHALL CAPTURE OR HARM A WILD MONK PARAKEET CHICK,  FLEDG-
LING,  OR  ADULT,  OR  TAKE  OR  SELL ITS EGGS, TO ANY RETAIL OR PRIVATE
ESTABLISHMENT OR CONCERN.
  2. NO PERSON SHALL REMOVE THE NEST OF A  WILD  MONK  PARAKEET,  UNLESS
THERE  IS  A DOCUMENTED AND IMMEDIATE THREAT TO HUMAN LIFE OR PUBLIC AND
PRIVATE PROPERTY.
  3. THE COLLECTION OF EGGS, CHICKS, FLEDGLINGS OF WILD MONK  PARAKEETS,
OR ADULT WILD MONK PARAKEETS SHALL BE DONE ONLY UNDER THE SUPERVISION OF
A DESIGNATED AND QUALIFIED INDIVIDUAL OR EXPERT.
  4.  THE  REMOVAL  OF  THE  NEST OF A WILD MONK PARAKEET, IF NECESSARY,
SHALL OCCUR OUTSIDE OF BREEDING SEASON, UNLESS THERE IS A DOCUMENTED AND
IMMEDIATE THREAT TO HUMAN LIFE OR PUBLIC AND PRIVATE PROPERTY.
  5. THE STATE OR A QUALIFIED DESIGNATED AGENT  OR  AUTHORITY  SHALL  BE
NOTIFIED  AT  LEAST  FIVE  DAYS IN ADVANCE OF ANY PROPOSAL TO REMOVE THE
NEST OF A WILD MONK PARAKEET. THE DESIGNATED AGENT  OR  AUTHORITY  SHALL
PROPOSE ALTERNATIVE ACTIONS, AND SHALL SUPERVISE ANY NEST REMOVALS IF AN
ALTERNATIVE PLAN IS NOT POSSIBLE.
  6. PRIVATE COMPANIES AND ORGANIZATIONS, UTILITY COMPANIES, AND GOVERN-
MENTAL AGENCIES, SHALL MAKE EVERY EFFORT TO SUPPLY AND ERECT ALTERNATIVE
NESTING PLATFORMS WHERE REASONABLY POSSIBLE, IF CURRENT WILD MONK PARAK-
EET  NESTING  SITES HAVE BEEN DEMONSTRATED TO BE A THREAT TO HUMAN LIFE,
PRIVATE OR PUBLIC PROPERTY, OR AGRICULTURAL CONCERNS.  EXAMPLE PLANS AND
DRAWINGS FOR NESTING PLATFORMS SHALL BE MADE AVAILABLE TO THE PUBLIC  ON
THE OFFICIAL WEBPAGE OF THE DEPARTMENT.
  7.  IF AN EFFORT TO PROVIDE WILD MONK PARAKEETS WITH ALTERNATIVE NEST-
ING PLATFORMS FAILS OR PROVES TO BE UNSUCCESSFUL, AN ENTITY  MAY  EMPLOY

A. 540--A                           3

HUMANE MEANS TO REMOVE AND EUTHANIZE WILD MONK PARAKEETS, ONLY AS A LAST
RESORT.  ALL  OTHER METHODS TO PROVIDE ALTERNATIVE NESTING OPTIONS SHALL
BE FIRST  EXHAUSTED.  SUCH  ENTITY  SHALL  DEMONSTRATE  IN  WRITING  AND
DOCUMENTATION  THAT ALL EFFORTS TO PROVIDE ALTERNATIVES HAVE FAILED, AND
SHALL OUTLINE THE METHOD BY WHICH  EUTHANASIA  SHALL  BE  APPLIED.  SUCH
ENTITY  SHALL  ALSO DEMONSTRATE THAT THERE IS A DOCUMENTED AND IMMEDIATE
THREAT TO HUMAN LIFE OR PUBLIC AND PRIVATE PROPERTY.
  8. FOR PURPOSES OF THIS TITLE:
  A. THE USE OF CARBON MONOXIDE OR ANY OTHER GAS OR VAPOR AS A METHOD OF
EUTHANASIA IS PROHIBITED;
  B. THE ONLY ACCEPTABLE FORM OF EUTHANASIA SHALL BE BY INJECTION OF  AN
ANESTHETIC  OR  ANESTHETIC  MIXTURE  WHICH CAUSES IMMEDIATE AND PAINLESS
CESSATION OF PULMONARY AND CORONARY FUNCTION; AND
  C. ADMINISTRATION AND SUPERVISION OF THE EUTHANASIA PROCEDURE SHALL BE
DONE BY A LICENSED  VETERINARIAN,  VETERINARY  ASSISTANT  OR  VETERINARY
TECHNICIAN.
  9.  THE DEPARTMENT MAY DESIGNATE A QUALIFIED ORGANIZATION TO CARRY OUT
THE GENERAL ADMINISTRATION OF THE PROVISIONS OF THIS TITLE.
  10. A QUALIFIED ORGANIZATION DESIGNATED PURSUANT TO  SUBDIVISION  NINE
OF  THIS  SECTION  SHALL  BE  ENTITLED  TO  REASONABLE REIMBURSEMENT FOR
EXPENSES IN ASSOCIATION WITH NEST REMOVAL, FROM ANY ENTITY SO REQUESTING
THE SERVICES OF SUCH QUALIFIED ORGANIZATION. THE REQUESTING ENTITY SHALL
PROVIDE, AND OPERATE, ALL NECESSARY HEAVY  EQUIPMENT,  INCLUDING  BUCKET
LIFTS OR TRUCKS. IN ADDITION, ALL EXPENSES AND COSTS ASSOCIATED WITH THE
USE  OF  VETERINARY  SERVICES  FOR EUTHANASIA SHALL BE IMMEDIATELY REIM-
BURSED TO THE ATTENDING VETERINARIAN BY THE REQUESTING ENTITY.
  11. ANY VIOLATION OF THE PROVISIONS OF THIS TITLE SHALL BE A MISDEMEA-
NOR.
  12. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO PROHIBIT OR  INTERFERE
WITH  THE POSSESSION OF A PET MONK PARAKEET, OR A DOMESTICALLY BRED MONK
PARAKEET, IN THIS STATE, INCLUDING BUT NOT LIMITED  TO,  PROHIBITING  OR
INTERFERING WITH THE POSSESSION, OWNERSHIP, BREEDING, SELLING, OR TRANS-
PORTING OF A PET OR DOMESTICALLY BRED MONK PARAKEET.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law.