S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
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
(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.
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.