S3858-2011 Actions

• Aug 17, 2011: SIGNED CHAP.468
• Aug 5, 2011: DELIVERED TO GOVERNOR
• Jun 20, 2011: returned to senate
• Jun 20, 2011: passed assembly
• Jun 17, 2011: ordered to third reading rules cal.401
• Jun 17, 2011: substituted for a6291a
• Jun 17, 2011: referred to codes
• Jun 17, 2011: DELIVERED TO ASSEMBLY
• Jun 17, 2011: PASSED SENATE
• Jun 14, 2011: ADVANCED TO THIRD READING
• Jun 13, 2011: 2ND REPORT CAL.
• Jun 13, 2011: AMENDED 3858B
• Jun 7, 2011: 1ST REPORT CAL.1036
• May 23, 2011: PRINT NUMBER 3858A
• May 23, 2011: AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
• Mar 8, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S3858-2011 Votes

S3858-2011 Memo

BILL NUMBER:S3858

TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
prohibiting the possession or sale of bear gallbladder

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to prohibit the free trade of bear
gallbladders and bile, which are often taken from bears killed strictly
for those parts, while not impacting legal hunting rights or the ability
of the New York Department of Environmental Conservation to possess or
receive gallbladders or bile for law enforcement purposes.

SUMMARY OF SPECIFIC PROVISIONS:
This act amends subdivision 9, paragraph b, c, and f of section 11-0917
of the environmental conservation law.

JUSTIFICATION:
Throughout New York, carcasses of American black bear cubs and adults
have been discovered, illegally killed for their gallbladders and bile.
New York is one of only five states that currently allow the free trade
in bear gallbladders and bile.  This loophole significantly complicates
law enforcement, encourages poaching, and puts bears everywhere at risk.
Once a gallbladder is removed, it is difficult to prove where the bear
was killed. If caught in a state that prohibits trade in bear gallblad-
der or bile, poachers avoid prosecution by claiming the gallbladder or
bile came from a state such as New York that allows such trade. Trade in
bear gallbladders and bile in New York puts fragile state bear popu-
lations at risk and can serve as a laundering hub for illegal wildlife
contraband.

This legislation is narrowly crafted to solely prohibit commerce in bear
gallbladders and bile. It does not impact legal hunting rights, trade in
bear parts other than gallbladder and bile, or the ability of the New
York Department of Environmental Conservation to possess, transport,
deliver, or receive gallbladders or bile for law enforcement purposes.

This legislation, also, will not conflict with traditional Asian medi-
cinal practices. A report by the Chinese Association of Medicine and
Philosophy stated that there are at least 54 herbal alternatives to bear
bile in its various medicinal applications.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
Undetermined.

EFFECTIVE DATE:
This act shall take effect on the one hundred and eightieth day after it
shall have become a law. Effective immediately, the addition, amendment

and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized and directed to be made
and completed on or before such effective date.

S3858-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3858
 2011-2012 Regular Sessions
 I N  SENATE
 March 8, 2011
 
 Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
 printed to be committed to the Committee on Environmental Conservation
 

AN ACT to amend the  environmental  conservation  law,  in  relation  to
 prohibiting the possession or sale of bear gallbladder
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 9  of  section  11-0917  of  the  environmental
 conservation  law,  paragraph  b  as added by chapter 491 of the laws of
 1984, paragraph c as added and paragraphs d and e as relettered by chap
 ter 182 of the laws of 1993 and paragraph f as amended by chapter 432 of
 the laws of 1997, is amended to read as follows:

 9. a. The flesh of cottontail rabbits, varying hares, European  hares,
 squirrels,  bear  and  deer  shall  not  be  bought  or sold[, except as
 provided in section 11-1713 with respect to bear].
 b. (I) IT SHALL BE UNLAWFUL FOR ANY PERSON IN THE  STATE  TO  POSSESS,
 SELL  OR  BARTER, OFFER TO SELL OR BARTER, PURCHASE, TRANSPORT, DELIVER,
 OR RECEIVE, BEAR GALLBLADDERS, BILE, OR ANY PRODUCT, ITEM, OR  SUBSTANCE
 CONTAINING, OR LABELED OR ADVERTISED AS CONTAINING, BEAR GALLBLADDERS OR
 BILE.
 (II) A MINIMUM ONE THOUSAND DOLLAR PENALTY SHALL BE ISSUED PER INFRAC
 TION OF THIS PARAGRAPH.
 (III) NOTHING IN THIS SECTION PROHIBITS AN OFFICER, EMPLOYEE, OR AGENT
 OF  THE FEDERAL GOVERNMENT OR THE DEPARTMENT FROM POSSESSING, TRANSPORT
 ING, DELIVERING, OR RECEIVING BEAR GALLBLADDERS, BILE, OR  ANY  PRODUCT,
 ITEM,  OR  SUBSTANCE CONTAINING, OR LABELED OR ADVERTISED AS CONTAINING,
 BEAR GALLBLADDERS OR BILE, FOR WILDLIFE LAW ENFORCEMENT PURPOSES.
 C. Notwithstanding [paragraph] PARAGRAPHS a OR B of this  subdivision,
 game legally taken may be possessed, prepared and served by a non-profit
 organization  at  any  meeting  for the members and guests provided that
 there is no charge for the meal.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10006-02-1
 
       S. 3858                             2
 [c.] D. Game legally taken may be donated to, and possessed,  prepared
 and  distributed  by  a  charitable or not-for-profit organization which
 serves or distributes food without cost to the poor or  needy.  Game  or
 packages of game donated pursuant to this paragraph shall, notwithstand
 ing  the  requirements  for  tagging  and labelling of game contained in
 paragraph b of subdivision 5 of section 11-0911 of this [chapter] TITLE,
 be tagged, labelled or marked "not for sale"  and  such  tag,  label  or
 marking  shall  identify  the  type  of  meat, the license number of the
 taker, the name and address of the professional processor  of  the  game
 and  the  date  of  processing.  The  department  shall  make  available
 instructions for the safe and sanitary preparation of game,  a  list  of
 professional  processors  where potential donors may take their game for
 preparation and packaging and a list  of  charitable  or  not-for-profit
 organizations  which  accept donations of game. Professional processors,
 charitable and not-for-profit organizations may notify the department of
 their intention to participate in such distribution, and the  department
 shall include them in its lists unless good cause otherwise exists.
 [d.]  E.  The dead bodies of birds belonging to all species or subspe
 cies native to this state, defined in section 11-0103 OF  THIS  ARTICLE,
 subdivision  5  as  protected  wild birds, or belonging to any family of
 which any species or subspecies is native  to  this  state,  and  is  so
 defined  in  section 11-0103 OF THIS ARTICLE, subdivision 5 shall not be
 sold, offered for sale or possessed for sale, for food purposes.
 [e.] F. The plumage, skin or body of any wild bird shall not be  sold,
 possessed  for  sale or offered for sale [except as permitted by section
 11-1729 or 11-1731 of the Fish and Wildlife Law].
 [f.] G. No live wolf, coyote, coydog, fox, skunk, venomous reptile  or
 raccoon  shall  be  possessed  or transported, except under a license or
 permit issued by the department.   Every such license  or  permit  shall
 contain  a prominent notice thereon warning the licensee or permittee of
 his or her duty to exercise due care in  safeguarding  the  public  from
 attack by such wild animal or venomous reptile and that failure to do so
 is  a  crime  under section three hundred seventy of the agriculture and
 markets law.  The provisions of the opening paragraph of  section  three
 hundred  seventy  of  the  agriculture  and  markets law except the last
 sentence thereof shall be set forth on such license or permit immediate
 ly following such warning notice.
 

S 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend
 ment and/or repeal of any rule or regulation necessary for the implemen
 tation  of this act on its effective date are authorized and directed to
 be made and completed on or before such effective date.

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