senate Bill S2649A

Prohibits the possession of endangered species and imposes civil penalties therefor

download pdf

Sponsor

Bill Status


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

actions

  • 23 / Jan / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 15 / Mar / 2013
    • AMEND (T) AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 15 / Mar / 2013
    • PRINT NUMBER 2649A
  • 07 / May / 2013
    • 1ST REPORT CAL.564
  • 08 / May / 2013
    • 2ND REPORT CAL.
  • 20 / May / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 11 / Feb / 2014
    • 1ST REPORT CAL.165
  • 26 / Feb / 2014
    • 2ND REPORT CAL.
  • 27 / Feb / 2014
    • ADVANCED TO THIRD READING
  • 28 / May / 2014
    • PASSED SENATE
  • 28 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 28 / May / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Prohibits the possession of endangered species and imposes civil penalties therefor.

do you support this bill?

Bill Details

Versions:
S2649
S2649A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §11-0538, amd §71-0925, En Con L
Versions Introduced in 2011-2012 Legislative Cycle:
S7362

Sponsor Memo

BILL NUMBER:S2649A

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.

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

                                 2649--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.