New York State Assemblyman Fred W. Thiele, Jr. (I, D, WF-Sag Harbor) has co-sponsored legislation with State Senator Tony Avella (D-Queens) and Steve Cymbrowitz (D-Brooklyn) that would impose a two-year moratorium on the New York State Department of Environmental Conservation's plan to declare mute swans a "prohibited invasive species" and to eliminate all of the 2,200 mute swans in the state by 2025. The legislation would require the Department of Environmental Conservation to demonstrate the actual damage to the environment or other species that have been caused by the mute swan population of only 2,200 across the state.

Thiele stated, “Wildlife experts, rehabilitators and environmentalists do not unanimously agree that exterminating the mute swan population is justified. In addition, there is debate amongst such experts about whether the planned eradication of the mute swan population is even minimally beneficial to the eco-system or to our environment. Therefore, it is incumbent on the Department of Environmental Conservation to illustrate the necessity of eradicating this non-native species by demonstrating the actual damage to the environment or other species caused by mute swans.”

Thiele added, “On the East End of Long Island, the mute swan is often visible in local ponds and waterways. My office has not received one report in all my years in office that the mute swan is a nuisance or an environmental problem. This legislation will require all concerned to take a step back and take a hard look before any irrevocable action is taken by the DEC.”