Prohibits the possession of endangered species and imposes civil penalties therefor.
Ayes (56): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Kennedy, Klein, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Nays (4): Hoylman, Krueger, Perkins, Squadron
Excused (1): Smith
TITLE OF BILL: An act to amend the environmental conservation law, in relation to prohibiting the possession, transportation and sale of endangered species
PURPOSE: Prohibits the possession of certain endangered species.
SUMMARY OF PROVISIONS:
Section One -amends section 11-0538 of the environmental conservation law to state that the possession, importation, transportation, sale or taking of the flesh, bones, skeleton, skull, blood, organ, other body parts or carcass of any endangered species is prohibited.
Section One - states that any officer or agent authorized by the commissioner or any police officer, as defined in subdivision thirty-four of section 1.20 of the criminal procedure law, will have the authority to execute any warrant to search or seize any flesh, bones, skeletons, skulls, blood, organs, other body parts or carcasses possessed, imported, transported, sold, or taken in violation of subdivision one of this section. Upon conviction, or upon entry of a judgment restraining any violation of subdivision one of this section, the seized flesh, bones, skeletons, skulls, blood, organs, other body parts or carcasses will be forfeited and destroyed.
Section One - states that this will not apply to any person holding a valid permit issued pursuant to the United States Endangered Species Act, or the Convention on International Trade in Endangered Species of Wild Fauna and Flora, or to any person certified by the commissioner as being in possession for zoological, educational or scientific purposes, and is not otherwise prohibited by any state or federal law, rule or regulation.
Section Two - amends section 71-0925 of the environmental conversation law to state that if the violation was an act prohibited by subdivision one of section 11-0538 of this chapter or by any lawful rule or regulation of the department promulgated pursuant thereto, a civil penalty of not more than five hundred dollars for the first conviction, one thousand for the second conviction. Each instance of a violation will constitute a separate offense.
Section Three - states the severability of this legislation.
Section Four - states this act shall take effect immediately.
JUSTIFICATION: This legislation will ban the possession of certain endangered species. According to the organization Born Free, the killing of wild animals for their meat is known as the 'bushmeat trade'. In the past, bushmeat was largely a subsistence (hand to mouth) activity, and hunters took just enough to satisfy their families' needs. However, in recent years, it has become much more commercial. Increasing demand and profitability have meant bushmeat is supplied not only at the local level, but also for national and even international markets. To meet this growing demand, hunters are killing ever greater numbers of wildlife.
According to the organization Born Free, in Kenya, animals are hunted throughout the year and most are caught using indiscriminate snares. These snares are loops of wire which are set along the pathways that animals use to access feeding areas and water holes. As the animal walks along the pathway it may get its head or a limb caught in the snare. When the animal struggles, the wire snare tightens and the animal eventually dies a long and painful death.
According to the organization Born Free, much of this hunting is illegal and the bushmeat trade is now threatening the survival of many wild animals. Indeed, the bushmeat trade is now the single biggest threat facing many wild animal species in Africa.
LEGISLATIVE HISTORY: 05/02/12 - S.7362 Referred to Environmental Conservation 06/21/13 - S.2649-A Committed to Rules
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act will take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 2649--A 2013-2014 Regular Sessions IN SENATE January 23, 2013 ___________Introduced by Sen. BALL -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to prohibiting the possession, transportation and sale of endangered species THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The environmental conservation law is amended by adding a new section 11-0538 to read as follows: S 11-0538. POSSESSION OF ENDANGERED SPECIES; PROHIBITED. 1. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE POSSESSION, IMPORTATION, TRANSPORTATION, SALE OR TAKING OF THE FLESH, BONES, SKELETON, SKULL, BLOOD, ORGAN, OTHER BODY PARTS OR CARCASS OF ANY ENDANGERED SPECIES IS PROHIBITED. 2. ANY OFFICER OR AGENT AUTHORIZED BY THE COMMISSIONER OR ANY POLICE OFFICER, AS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, SHALL HAVE THE AUTHORITY TO EXECUTE ANY WARRANT TO SEARCH FOR OR SEIZE ANY FLESH, BONES, SKELETONS, SKULLS, BLOOD, ORGANS, OTHER BODY PARTS OR CARCASSES POSSESSED, IMPORTED, TRANSPORTED, SOLD OR TAKEN IN VIOLATION OF SUBDIVISION ONE OF THIS SECTION, OR ANY PROPERTY OR ITEM USED IN CONNECTION WITH A VIOLATION OF SUCH SUBDIVI- SION; AND SUCH FLESH, BONES, SKELETONS, SKULLS, BLOOD, ORGANS, OTHER BODY PARTS AND CARCASSES SHALL BE HELD PENDING PROCEEDINGS IN ANY COURT OF PROPER JURISDICTION. UPON CONVICTION, OR UPON ENTRY OF A JUDGMENT RESTRAINING ANY VIOLATION OF SUBDIVISION ONE OF THIS SECTION, SUCH SEIZED FLESH, BONES, SKELETONS, SKULLS, BLOOD, ORGANS, OTHER BODY PARTS OR CARCASSES SHALL BE FORFEITED AND, UPON FORFEITURE, SHALL BE DESTROYED.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07357-02-3 S. 2649--A 2
3. THE DEPARTMENT SHALL HAVE THE AUTHORITY TO SEEK INJUNCTIVE RELIEF IN ANY COURT OF PROPER JURISDICTION TO ENJOIN CONTINUED VIOLATION OF SUBDIVISION ONE OF THIS SECTION. 4. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY: A. TO ANY PERSON HOLDING A VALID PERMIT ISSUED PURSUANT TO THE UNITED STATES ENDANGERED SPECIES ACT OR THE CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA; OR B. TO ANY PERSON CERTIFIED BY THE COMMISSIONER AS BEING IN POSSESSION FOR ZOOLOGICAL, EDUCATIONAL OR SCIENTIFIC PURPOSES, AND IS NOT OTHERWISE PROHIBITED BY ANY STATE OR FEDERAL LAW, RULE OR REGULATION. S 2. Section 71-0925 of the environmental conservation law is amended by adding a new subdivision 15 to read as follows: 15. IF THE VIOLATION WAS AN ACT PROHIBITED BY SUBDIVISION ONE OF SECTION 11-0538 OF THIS CHAPTER, OR BY ANY LAWFUL RULE OR REGULATION OF THE DEPARTMENT PROMULGATED PURSUANT THERETO, A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR THE FIRST CONVICTION THEREOF; AND A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR A SECOND OR SUBSEQUENT CONVICTION. EACH INSTANCE OF VIOLATION SHALL CONSTITUTE A SEPARATE OFFENSE. S 3. Severability. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid and after exhaustion of all further judicial review, the judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, para- graph, section or part of this act directly involved in the controversy in which the judgment shall have been rendered. S 4. This act shall take effect immediately.