New York State Assembly and Senate have given final approval to legislation that Assemblyman Fred W. Thiele, Jr. (I, D, WF-Sag Harbor) co-sponsors with Assemblyman Steve Cymbrowitz (D-Brooklyn) and State Senator Tony Avella (D-Queens) that would require the Department of Environmental Conservation, at a minimum, before adopting a management plan to hold not less than two public hearings in areas with mute swan populations, following adequate public notice, and, after the last of such public hearings, include a public comment period of not less than forty-five days. Any such management plan would at a minimum be required to: (a) give priority to non-lethal management techniques; (b) fully document the scientific basis for future population projections; (c) fully document the scientific basis for current and projected environmental damage; (d) include a public education component; and (e) include responses to all substantive public comments.

Thiele stated, “Many wildlife experts, rehabilitators and environmentalists do not 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 consider non-lethal management techniques with regard to the mute swan.”

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.”

The bill must now be delivered to the Governor for review and consideration before it is signed into law.