senate Bill S3858

Signed by Governor Amended

Prohibits the possession, sale, barter, offer, purchase, transportation, delivery, or receipt of bear gallbladder

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 08 / Mar / 2011
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 23 / May / 2011
    • AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 23 / May / 2011
    • PRINT NUMBER 3858A
  • 07 / Jun / 2011
    • 1ST REPORT CAL.1036
  • 13 / Jun / 2011
    • AMENDED 3858B
  • 13 / Jun / 2011
    • 2ND REPORT CAL.
  • 14 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 17 / Jun / 2011
    • PASSED SENATE
  • 17 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2011
    • REFERRED TO CODES
  • 17 / Jun / 2011
    • SUBSTITUTED FOR A6291A
  • 17 / Jun / 2011
    • ORDERED TO THIRD READING RULES CAL.401
  • 20 / Jun / 2011
    • PASSED ASSEMBLY
  • 20 / Jun / 2011
    • RETURNED TO SENATE
  • 05 / Aug / 2011
    • DELIVERED TO GOVERNOR
  • 17 / Aug / 2011
    • SIGNED CHAP.468

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A6291
Versions:
S3858
S3858A
S3858B
Legislative Cycle:
2011-2012
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยงยง11-0917, En Con L
Versions Introduced in 2011-2012 Legislative Cycle:
A6291A

Sponsor 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 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3858

                       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
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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