S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2146
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred 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:
 
   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.
   § 2. This act shall be known and may be cited as  the  "monk  parakeet
 protection act".
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05370-01-7

 A. 2146                             2
 
 SECTION 11-2701. DEFINITIONS.
         11-2703. MONK PARAKEETS; PROTECTION.
 § 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.
 § 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
 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

 A. 2146                             3
 
 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.
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.