NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3767A
SPONSOR: Glick (MS) TITLE OF BILL: An act to amend the environmental conservation law, in
relation to the sale, distribution, transport and trade of Eurasian
boars
PURPOSE OF THE BILL: The purpose would amend the Environmental
Conservation Law (ECL) to prohibit the importation, possession, sale, or
release of Eurasian Boar in New York State.
SUMMARY OF PROVISIONS:
Section of the bill would amend Environmental Conservation Law (ECL) §
11-0103(29) to delete the term swine from the definition of a captive
bred North American big game mammal:
Section 2 would, add a new ECL § 11-0514 to provide a definition of
"Eurasian boar" and specifically exclude from the definition domesticat-
ed pigs. This section would also, (i) immediately prohibit the importa-
tion, breeding or release to the wild of Eurasian boar, (ii) prohibit
the possession, sale, distribution or transportation of Eurasian boar -
effective on September 1, 2015, and (iii) authorize the Department of
Environmental Conservation (DEC) to adopt rules and regulations neces-
sary to implement and administer this section.
Section 3 would amend ECL § 71-0925(15) to provide for the imposition of
a civil penalty associated with violating ECL § 11-0514.
Section 4 would provide that the bill would take effect immediately;
provided, however, that any person, firm, partnership or corporation
which has a contract to import Eurasian boars as of the effective date
of this bill may import such animals for sixty days following enactment.
EXISTING LAW: ECL Article 11 authorizes DEC to regulate and manage
the state's wildlife - Title 3 of Which sets forth DEC's general powers
and duties related to management of fish and wildlife resources. ECL
Article 71, Title 9 sets forth enforcement provisions related to the
Fish and Wildlife Law.
PRIOR LEGISLATIVE HISTORY: This is a new bill.
STATEMENT IN SUPPORT: Eurasian boars - often referred to as wild
boar, razorback, and Russian boar - are wild boars native to Europe and
Asia or a hybrid between a, Eurasian boar and a domestic pig. Eurasian
boars are new to the New York landscape and represent a threat to the
public health and welfare absent immediate action, based on their adapt-
ability and naturally destructive behavior. In this respect, many Eura-
sian boars have escaped or been released boars from enclosed shooting
facilities, breeding facilities or animal sanctuaries, and are now loose
in the more rural areas of the State. Unlike domesticated farm pigs,
Eurasian boars mature in 6-10 months and can breed up to twice a year,
with litters averaging 6-8 piglets. The population of
Eurasian boars in any given area can double or even triple in a single
year.
Eurasian boars in New York can have serious adverse impacts on native
plants and wildlife, livestock, agriculture, and public health:
* They consume the nests and eggs of ground nesting birds and reptiles.
* They can kill and eat fawns and young domestic livestock.
* They eat almost any agricultural crop as well as tree seeds and
seedlings.
* Their rooting and wallowing habits destroy crops and native vege-
tation, cause erosion, and negatively affect water quality. Every Eura-
sian boar in the wild is estimated to destroy 11 acres of wetlands in
its lifetime.
* They have razor sharp tusks and can be aggressive toward humans and
their pets.
* They carry and can transmit several serious diseases including swine
brucellosis, E. coli, trichinosis, and pseudorabies to livestock and for
humans. Some of these diseases, if introduced to domestic swine, can
decimate the pork industry and could result in losing the ability to
ship animals to other states.
Due to their aggressive nature and size, Eurasian boars are very diffi-
cult to contain. Voluntary management practices such as fencing, steri-
lization, and branding arc insufficient and unenforceable as these
animals have been known to escape from game breeders, shooting facili-
ties, and sanctuaries despite fencing and other preventive measures.
Recovery of escaped animals is very difficult and costly. For example,
DEC and the Animal and Plant Health Inspection Service (part of USDA)
worked cooperatively to remove 35 boars in Clinton County over the
course of a year. DEC's cost alone were $68,000 - more than $2,600 per
animal.
Other parts of the country where hunting preserves have long been estab-
lished have seen a proliferation of problems related to Eurasian boars.
For example, Eurasian boars located in Texas cause an estimated $52
million per year in damages to crops, with landowners spending an esti-
mated $7 million annually on the control and/or correction of damage. A
2011 survey from the Georgia Feral Hog Working Group found that losses
due to wild pigs exceeded $81 million, including the destruction of
wildlife sea turtle nests and damage to dikes. Alabama has reported
populations of Eurasian boar in every county of the state, with millions
of dollars in damage to public property, including rooting damage,
lowered water quality, damage to timber, wetlands and endangered plant
and native wildlife communities. There is growing evidence of these same
problems occurring in New York. Farmers in Tioga, Delaware, Clinton,
Cortland and Onondaga Counties have reported damage to various crops
caused by Eurasian boar. There have also been complaints of attacks on
wildlife, pets and domestic livestock. The numerous adverse effects to
public health and safety, when added to the difficulty of containing
Eurasian boars, make this species a public nuisance. To address this
public nuisance, the State must take immediate action to ensure that any
type of fairing or hunting preserves related to Eurasian boars is
prohibited.
Under existing law, Eurasian boars may be possessed legally, including
for the purposes of hunting and meat production. There are thirteen
known enclosed shooting facilities that include boar. Some of the facil-
ities charge $350 to $1,000 per animal for the opportunity to hunt. This
bill would prohibit the possession, sale, trade and transportation of
Eurasian boar in an effort to eliminate Eurasian boar from New York's
landscape. This bill would also authorize DEC to promulgate regulations
necessary to implement these prohibitions and ensure that Eurasian boars
do not become established in the wild. To allow the owners of facilities
with Eurasian boar the opportunity to realize the economic benefit asso-
ciated with their operations and to allow for an appropriate disposi-
tion, the bill authorizes the continued possession of these animals for
two years after enactment through August 31, 2015.
BUDGET IMPLICATIONS: None.
LOCAL IMPACT: None.
EFFECTIVE DATE: This bill would take effect immediately; provided,
however, that any person, firm, partnership or corporation which has a
contract to import Eurasian boars as of the effective date of this bill
may import such animals for sixty days following enactment.
