New York State
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2021 NY State Legislative Session—Opportunities Missed
by Andy Mason, NYSOA Conservation Committee Chair
Published in the July 2021 issue of New York Birders

 

Golden Eagle, Delaware-Otsego Audubon Society
Golden Eagle - Delaware-Otsego Audubon Society

The NY State Legislature wrapped up its 2021 session in mid-June with a mixed record of environmental action. Regarding birds in particular, three positive measures moved forward but fell short of final approval. One, dubbed the Birds and Bees Protection Act, would have put NY in the forefront of protecting critical pollinators, including insects and birds, from the class of pesticides known as neonicotinoids, or neonics for short. These chemicals are increasingly recognized as a cause of declines in numbers of insects such as bees and butterflies. They no doubt affect other insects, including those on which birds are heavily dependent during nesting and other periods. Birders have commented on a recent scarcity of swallows and other insectivorous birds. There may well be other factors, but putting an end to neonics, which are readily replaced in agriculture and other uses, would be a definite plus for birds.

 

A second piece of legislation would have added protection to smaller wetlands that currently fall below the state's 12.4 acre threshold. These areas lost federal protection due to a court decision several years ago, and currently may be drained or filled or otherwise altered, with the obvious loss of important bird habitat. Other environmental benefits such as flood and drought mitigation, groundwater recharge, carbon storage and water purification also disappear when wetlands are compromised. Small wetlands need to be protected by NY State to fill the current regulatory gap.
 
A bill to ban lead ammunition on state-owned land and lands within the New York City drinking watershed passed the State Senate, but was not voted on in the Assembly. Fragmented lead bullets in deer carcasses and gut piles pose a major threat to eagles and other scavenging birds—a piece of lead the size of a grain of rice is sufficient to kill an eagle. Non-toxic alternatives that are ballistically superior are available for hunters, and would eliminate this danger to both wildlife and human health.
 
Each of these measures had good support in the legislature, but was held back from final votes in the end-of-session rush that characterizes Albany politics. They will be considered in the next session, however, and birders should let their representatives know they are important and deserve passage.


There was some positive action in Albany this year however: The legislature agreed to put a $3 billion environmental bond act on the ballot in 2022. If passed, a portion of these funds would go to acquiring and protecting forests and other lands that provide bird habitat. Also on this year's ballot will be an amendment to the State Constitution stating that “Each person shall have a right to clean air and water, and a healthful environment.” While not directly connected to birds, this provision can be used to address polluted air, land and waters to the benefit of all wildlife.


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