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A06329 Summary:

BILL NOA06329
 
SAME ASSAME AS S04053
 
SPONSORThiele
 
COSPNSR
 
MLTSPNSR
 
Add Art 15-B §175-v, Ag & Mkts L
 
Requires any person including certified and licensed responsible pesticide applicators and commercial pesticide applicators and operators operating in the state to contact the division of plant industry of the department of agriculture and markets by phone at least forty-eight hours in advance of extermination of honey bees to obtain assistance in trying to relocate nuisance honey bee colonies or hanging swarms of honey bees, in lieu of destroying such honey bees; makes related provisions.
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A06329 Actions:

BILL NOA06329
 
04/05/2023referred to agriculture
01/03/2024referred to agriculture
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A06329 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6329
 
SPONSOR: Thiele
  TITLE OF BILL: An act to amend the agriculture and markets law, in relation to the preservation of honey bee colonies   PURPOSE: To preserve and protect honey bee swarms and colonies from human threats.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds a new article 15-B to the Agriculture and Markets Law, which requires any person in the State to contact the Plant Industry Division of the Department of Agriculture and Markets at least 48 hours in advance of exterminating honey bee colonies and/or hanging swarms to receive assistance in trying to relocate such honey bees, provides an exemption for swarms that pose an imminent danger to any person. Section 2 sets forth the effective date.   JUSTIFICATION: As pollinators, honey bees play a critical role in sustaining our ecosystem and food systems. For New .York State, a leading fruit and vegetable producer, honey bees are especially vital to our economic well-being. Many of New York's largest crops, including apples, cabbage, berries, and pumpkins, rely significantly on insect pollination, includ- ing by honeybees. (1) However, honeybee populations have been declining for decades, including in New York State. Between 2018-2019, beekeepers in New York State lost almost 30% of their colonies. While bee colony loss is driven by a number of factors, the trend poses a risk to agriculture and the future health of New York ecosystems. Unwanted bee swarms and colonies that pop up around homes and businesses can pose risks both to humans and native bee populations. Honey bees are not native to New York and swarms have a low survival rate in the wild. According to Cornell entomologist Tom Seeley, only about 20% of swarms survive. Moreover, honeybees often harbor diseases, some of which they can spread to native bees, who are also an important pollination source in the state. This legislation will complement existing state efforts and other proposals to protect honeybee populations in New York. This bill, provides that a person must contact the Plant Industry Division of the Department of Agriculture and Markets at least 48 hours in advance of exterminating honey bee colonies and/or hanging swarms to receive assistance 'in trying to relocate such honey bees. The law provides exemptions for cases where nuisance honeybees pose an imminent risk to humans, for instance, a swarm near someone with a severe allergy. By facilitating the relocation of swarms, rather than their extermination, New York can protect existing bee populations. Relocated bees can then be used for hobby beekeeping, honey production, or pollination. The bill is based on a similar law passed in New Jersey (2).   LEGISLATIVE HISTORY: 2021-22: A.6622/S.407 2021-20: A.8704/S.6763   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect sixty days after it is signed into law. (1)https://www.dec.ny.govidocs/administration_pdf/ nyspollinatorplan.pdf (2) N.J.A.C. 2:24-6.1
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A06329 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6329
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 5, 2023
                                       ___________
 
        Introduced by M. of A. THIELE -- read once and referred to the Committee
          on Agriculture
 
        AN  ACT  to  amend  the  agriculture and markets law, in relation to the
          preservation of honey bee colonies
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The agriculture and markets law is amended by adding a new
     2  article 15-B to read as follows:
     3                                ARTICLE 15-B
     4                     PRESERVATION OF HONEY BEE COLONIES
     5  Section 175-v. Relocating honey bee colonies.
     6    § 175-v. Relocating honey bee colonies. 1. To preserve honey bee colo-
     7  nies in the state, any person, including certified and licensed  respon-
     8  sible  pesticide  applicators  and  commercial pesticide applicators and
     9  operators operating in the state, shall contact the  division  of  plant
    10  industry  of  the  department  by  phone  at  least forty-eight hours in
    11  advance of extermination of honey bees to obtain assistance in trying to
    12  relocate nuisance honey bee colonies or hanging swarms of honey bees, in
    13  lieu of destroying such honey bees. Honey bees shall  not  be  destroyed
    14  without prior approval from such division.
    15    2.  In  the event the division of plant industry is not reachable, any
    16  person, including certified and licensed responsible pesticide  applica-
    17  tors  and  commercial pesticide applicators and operators, shall attempt
    18  to contact no fewer than three beekeepers identified by the local  beek-
    19  eeping  association  found  on the Cornell University's College Agricul-
    20  tural and Life Science's  website  as  swarm  collectors  servicing  the
    21  affected  county,  in  order to obtain assistance in relocating nuisance
    22  honey bee colonies or hanging swarms before nuisance honey bee  colonies
    23  or  hanging swarms of honey bees may be destroyed. Where there are fewer
    24  than three beekeepers listed on such website in  the  county  where  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08359-01-3

        A. 6329                             2
 
     1  swarm  or  nuisance  colony  is  located,  such person shall contact any
     2  available beekeepers on the list in such county.
     3    3.  Where  a  swarm  poses an imminent danger to any person or where a
     4  beekeeper needs to use an insecticide while  attempting  to  relocate  a
     5  swarm because such swarm is aggressive or diseased, such person shall be
     6  exempt from the provisions of this section.
     7    4.  Any person, including certified and licensed responsible pesticide
     8  applicators and commercial pesticide applicators and operators operating
     9  in the state shall indemnify and hold harmless the state of New York  in
    10  any  action or proceeding arising out of the relocation and preservation
    11  of honey bees in accordance with the provisions of this article.
    12    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    13  have become a law. Effective immediately, the addition, amendment and/or
    14  repeal  of  any  rule  or regulation necessary for the implementation of
    15  this act on its effective date are authorized to be made  and  completed
    16  on or before such effective date.
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