Prohibits the possession, sale, barter, offer, purchase, transportation, delivery, or receipt of bear gallbladder, bile, or any product, item, or substance containing, or labeled or advertised as containing, bear gallbladders or bile; exempts federal and state government and individuals with a valid hunting license from transporting one bear gallbladder.
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 gallbladder 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 populations 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 medicinal 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.
STATE OF NEW YORK ________________________________________________________________________ 3858 2011-2012 Regular Sessions IN 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.