Legislation

HR669 Nonnative Wildlife Invasion Prevention Act 

MAY 2009 - HR669 Nonnative Wildlife Invasion Prevention Act 111th Congress, 2009-2010.  The stated purpose of this Act is to establish a risk assessment process to prevent the introduction into, and establishment in, the United States of nonnative wildlife species that will cause or are likely to cause economic or environmental harm or harm to other animal species' health or human health, and for other purposes.

Will it affect our status as companion bird keepers?  Links to the text of the bill itself, as well as to the responses of other reputable sources including World Parrot Trust, are listed below.

To read the original text of the bill, click on the link: http://www.govtrack.us/congress/billtext.xpd?bill=h111-669

For the WPT's perspective:  http://scienceblogs.com/grrlscientist/2009/05/world_parrot_trust_speaks_out.php

These are the appropriate committee members, and their stated positions as of 4/22/09.

JANUARY 6, 2011 - NY State Senator Joseph Addabbo, Jr., reintroduced the following bills on in the NY State Senate (please note the new bill numbers):

• S01255 Makes Monk (Quaker) parakeets, protected birds (also cosponsored by Sen. Perkins)
• S01246 Enables the "monk parakeet protection act"

(Both above have already been referred to the NY State Senate Environmental Conservation Committee)

S01253 Relates to the sale of birds by pet dealers (referred to the NY State Senate Agriculture Committee)

If you are interested in writing a friendly letter of support the following addresses may be of use: NY State Sen. Joseph P. Addabbo, Jr., 159-53 102nd Street, Howard Beach, NY 11414.

Your local NY State Senator.

The new Chairs of the State Senate Agriculture and Environmental Conservation Committees:

• Sen. Mark Grisanti  (grisanti@nysenate.gov) - The NY Senate Chair of the Environmental Conservation Committee
• Sen. Patty Ritchie, (ritchie@nysenate.gov), 315-782-3418 - Chair of the Senate Agriculture & Markets Committee

At the time of this post, quaker legislation has not been reintroduced in the State Assembly.

• A7688A (Makes Monk Parakeets protected birds)
• A7694C (the sale of birds in pet shops).

If you are interested in pursuing such legislation in the State Assembly the following addresses may be of use:

• Hon. Linda B. Rosenthal, 230 West 72nd St., 2nd Fl., Suite 2F, New York, NY 10023
• Hon. William Magee, Chair NYS Assembly Agriculture Committee, 214 Farrier Ave., Oneida, NY 13421
• Hon. Audrey Pheffer, Chair, Assembly Consumer Affairs Comm., 108-14 Crossbay Blvd., Ozone Park, NY 11417
• Hon. Robert Sweeney, Chair, Assembly Environmental Conservation Comm., 640 West Montauk Hwy., Lindenhurst, NY 11757-3708.

JUNE 2010 - An email from Steven Jay Sanford (Director, Office of Invasive Species Coordination, NYSDEC), indicated that “the New York Invasive Species Council published a draft of A Regulatory System for Non-native Species for public review from March 31 through May 14 of 2010. In response to the [25] comments received, the report was revised to clarify the role of the Advisory Committee in the development and review of future regulatory lists. The final version of the report is available on-line at the same address as was the draft: http://www.dec.ny.gov/animals/63402.html A summary of the comments received and the responses from the Council is included as Appendix N.”

The Summary of submitted comments in Appendix N, includes the following quote:

One comment asked how a specific regulatory listing could be contested. Lists could be contested in several ways. First, any concerned person could approach the Advisory Committee organizations or Council agencies early in the list development process. Next, once the proposed list is published during the normal regulatory promulgation process, concerns could be expressed during the formal comment period. Finally, any member of the public could appeal the regulatory status of a particular species or request that a species be added by making a written request directly to the Co-Chairs of the Council.

At present, Quaker parrots, Nanday conures, and Ringneck parakeets remain on Appendix J, though not as a priority study bird. As such study of these birds for “invasiveness or non-invasiveness” is not a current priority. Thus these parrot species have not been exempted from regulation nor have they received any type of protected status at this time. This status may or may not change as future lists are developed.

MARCH 31, 2010 - The New York Invasive Species Council released a report for public comment (http://www.dec.ny.gov/animals/63402.html). The report does not propose a listing for Monk Parakeet.  Rather, the monk parakeet is listed (in Appendix J, line 59 on p. 114, under Assessment Priorities), as a species that should be assessed via the recommended process.  You will note that monk parakeet does not have an asterisk indicating it has not been identified as a priority for the initial assessments. Basically, the Council feels that the Quakers do not pose enough of an environmental threat to be studied right now, nor categorized.

Interested people may want to go to the web site (http://www.dec.ny.gov/animals/63402.html), read the report, and comment.

Those who comment may or may not want to suggest that the Monk (use Monk since the State does) remain as an unregulated species. It is possible that if Quakers are legally  categorized as unregulated, they may avoid documentation as invasive, or they may be reprioritized to reduce  scrutiny by NYSDEC. However, without any laws protecting wild Monks, these birds may continue being the subject of poaching and inhumane nest take-downs.

At present a Monk Parakeet Protection Act is being developed to afford some protection to wild-born Quakers. Just like the County and City of San Francisco afforded their wild Conures a degree of protection years ago, the state of NY can provide protection to wild Quakers here. Such protection would need to be offered by the state, as Quakers are documented in NYC’s 5 boroughs and other areas, most notably lower Westchester. Any Quakers presently living in Nassau or Suffolk Counties need to be documented immediately, to assist ongoing initiatives.

MARCH 2010 UPDATE - NYS Bills S4131A/A7688A, to protect the colonies of wild Quaker parakeets in New York State, were reintroduced into the Senate and Assembly on Monday, March 22, and immediately recommitted to the respective Environmental Conservation Committees.  The letters received from various organizations (including 2 from Dr. Raymond, LIPS President) to the key politicians were very helpful!  The biggest opponent was PIJAC, the Pet Industry Joint Advisory Council. The wording of the bill was revised to address issues raised by PIJAC.  If you would like to see the bill as it stands now, go to http://open.nysenate.gov/legislation/bill/S4131A.

SEPTEMBER 2009 - The Monk parakeet bill (S4131) and the sales of birds by pet dealers (S4130) will have to be addressed next year since neither Senate house could bring the bills to the floor. S4130 and s4131 remain in the Codes committee (chaired by Sen. Eric Schneiderman).

As of JUNE 2009, Resolution 1872 was in the Environmental Protection Committee.

Persons interested in commenting on this resolution (and one does not have to be a NYC resident) may write to:

1.  Hon. Tony Avella, 38-50 Bell Blvd., Suite C, Bayside, NY 11361

2.  Hon. James F. Gennaro, Chair, Env. Prot. Committee, 185-10 Union Tpke., Fresh Meadows, NY 11366.

APRIL/MAY 2009 - S.4131/A07688, introduced in April and May, 2009, are the bills to amend the environmental conservation law, in relation to make (wild) psittacine birds, especially (wild) Monk (Quaker) parakeets, protected birds. Both bills have been since referred to the Senate and Assembly EnCon Committees, and the Senate bill has been further referred to the Codes Committee.  To view the text of the bill, copy one of the bill numbers shown above, paste this number in the box presented when you click here or go to http://public.leginfo.state.ny.us/

Individuals wishing to comment on either or both sets of bills should write to their local State Senator and local State Assembly member, asking them to support the bills and become a co-sponsor. In addition, copies of those letters should be sent to:

1.  Hon. Linda B. Rosenthal, NY State Assembly Member, 230 West 72nd Street, 2nd Floor, Suite 2F, New York, NY 10023

2.  Hon. Joseph P. Addabbo, Jr., NY State Senator, 159-53 102nd Street, Howard Beach, NY 11414

APRIL/MAY 2009 - S.4130A/A07694A, also introduced in April and May, are the bills that relate to the sale of birds by pet dealers, and aim to amend SS401 & 402 of the Agriculture & Markets Law, amend Article 35D Article Heading, and SS751, 752, 753-a & 753-b of the General Business Law. The Senate bill has since been referred to the Senate Consumer Protection and Codes Committees, and the Assembly bill has been referred to the Agriculture & Markets Committee.  To view the text of the bill, copy one of the bill numbers shown above, paste this number in the box presented when you click here or go to http://public.leginfo.state.ny.us/

Individuals wishing to comment on either or both sets of bills should write to their local State Senator and local State Assembly member, asking them to support the bills and become a co-sponsor. In addition, copies of those letters should be sent to:

1.  Hon. Linda B. Rosenthal, NY State Assembly Member, 230 West 72nd Street, 2nd Floor, Suite 2F, New York, NY 10023

2.  Hon. Joseph P. Addabbo, Jr., NY State Senator, 159-53 102nd Street, Howard Beach, NY 11414

MARCH 2009 - Resolution 1872 - to add Quaker parrots to the list of “protected birds”.  

NYC Council Resolution No. 1872-2009, introduced March 24, 2009, co-sponsored by NYC Council Members Tony Avella and Annabel Palma.  Calls for NY State to amend the Environmental Conservation Laws to make wild Quaker parrots protected, and calls upon NYC agencies to humanely relocate/remove nests if necessary.

Persons interested in commenting on this resolution (and one does not have to be a NYC resident) may write to:

1.  Hon. Tony Avella, 38-50 Bell Blvd., Suite C, Bayside, NY 11361

2.  Hon. James F. Gennaro, Chair, Env. Prot. Committee, 185-10 Union Tpke., Fresh Meadows, NY 11366.