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Assembly Bill A1229

2009-2010 Legislative Session

Increases penalties applicable to unlawful acts against endangered and threatened species

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2009-A1229 (ACTIVE) - Details

Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยงยง11-0537 & 71-0921, En Con L

2009-A1229 (ACTIVE) - Summary

Provides that violations involving the unlawful taking, importation, transportation, possession or sale of endangered or threatened species are punishable as follows: a first conviction is a class B misdemeanor punishable by a fine of up to $5,000 and/or imprisonment up to 90 days; a second or subsequent conviction is a class A misdemeanor punishable by a fine of up to $10,000 and/or imprisonment up to one year; also provides for the discretionary payment of rewards up to half the fine, but not to exceed $2,500, to persons giving information leading to a conviction.

2009-A1229 (ACTIVE) - Bill Text download pdf 

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

                                  1229

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  SEMINERIO  --  read once and referred to the
  Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  penalties for unlawful taking, importation, transportation, possession
  or sale of endangered or threatened species

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

  Section 1. Section 11-0537 of the environmental conservation  law,  as
added by chapter 168 of the laws of 1989, is amended to read as follows:
S 11-0537. Bald and golden eagles; prohibited acts.
  It  shall  be  unlawful  [to] FOR ANY PERSON, knowingly or with wanton
disregard for the consequences of  [this]  HIS  OR  HER  act,  to  take,
possess,  sell,  purchase,  barter,  offer  to sell, purchase or barter,
transport, export or import, at any time or  in  any  manner,  any  bald
eagle  commonly  known as the American eagle, or any golden eagle, alive
or dead, or any part, nest, or egg thereof of the foregoing eagles with-
out a permit from a lawful authority.
  S 2. Subdivision 11 of section 71-0921 of the environmental  conserva-
tion  law,  as  added  by chapter 168 of the laws of 1989, is amended to
read as follows:
  11. Any person who violates  the  provisions  of  SUBDIVISION  TWO  OF
SECTION  11-0535  OR  section  11-0537 of this chapter, in the case of a
first violation, shall be guilty of a  class  B  misdemeanor  and,  upon
conviction thereof, shall be punished by a fine not to exceed five thou-
sand  dollars  or  by  imprisonment  not to exceed ninety days, or both;
provided that in the case of  a  second  or  subsequent  violation  such
person  shall  be  guilty  of a class A misdemeanor and, upon conviction
thereof, shall be punished by a fine not to exceed ten thousand  dollars
or imprisonment not to exceed one year, or both; provided, further, that
the commission of each taking or other act prohibited by SUBDIVISION TWO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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