senate Bill S3858B

Signed By Governor
2011-2012 Legislative Session

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

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Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 17, 2011 signed chap.468
Aug 05, 2011 delivered to governor
Jun 20, 2011 returned to senate
passed assembly
Jun 17, 2011 ordered to third reading rules cal.401
substituted for a6291a
referred to codes
delivered to assembly
passed senate
Jun 14, 2011 advanced to third reading
Jun 13, 2011 2nd report cal.
amended 3858b
Jun 07, 2011 1st report cal.1036
May 23, 2011 print number 3858a
amend and recommit to environmental conservation
Mar 08, 2011 referred to environmental conservation

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

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S3858 - Bill Details

See Assembly Version of this Bill:
A6291A
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§11-0917, 11-0911, 11-1733 & 71-0921, En Con L
Versions Introduced in 2011-2012 Legislative Session:
A6291A

S3858 - Bill Texts

view 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.

view 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.

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download pdf
                    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.

Co-Sponsors

view additional co-sponsors

S3858A - Bill Details

See Assembly Version of this Bill:
A6291A
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§11-0917, 11-0911, 11-1733 & 71-0921, En Con L
Versions Introduced in 2011-2012 Legislative Session:
A6291A

S3858A - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S3858A

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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3858--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 8, 2011
                               ___________

Introduced  by  Sens.  GRISANTI, AVELLA, DeFRANCISCO, GALLIVAN, KRUEGER,
  MAZIARZ, OPPENHEIMER, STAVISKY -- read twice and ordered printed,  and
  when printed to be committed to the Committee on Environmental Conser-
  vation  --  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 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 THE FOLLOWING:
  (A)  POSSESSION AND TRANSPORTATION OF ONE BEAR GALLBLADDER BY A HOLDER
OF A VALID HUNTING LICENSE PURSUANT TO SECTION 11-0907  OF  THIS  TITLE;
AND
  (B)  AN  OFFICER,  EMPLOYEE, OR AGENT OF THE FEDERAL GOVERNMENT OR THE
DEPARTMENT FROM POSSESSING, TRANSPORTING, DELIVERING, OR RECEIVING  BEAR
GALLBLADDERS,  BILE,  OR  ANY PRODUCT, ITEM, OR SUBSTANCE CONTAINING, OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10006-05-1

S. 3858--A                          2

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.
  [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 SUBDIVISION 5 OF 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 SUBDIVISION 5 OF  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.

Co-Sponsors

view additional co-sponsors

S3858B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6291A
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§11-0917, 11-0911, 11-1733 & 71-0921, En Con L
Versions Introduced in 2011-2012 Legislative Session:
A6291A

S3858B (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S3858B

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
restrict and closely regulate the 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 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 chapter 182 of the laws of 1993
and paragraph f as amended by chapter 432 of the laws of 1997.

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 place no restrictions on the 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 currently allows
unhindered 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 restrict 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 January first next
succeeding the date on which this act shall 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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3858--B
    Cal. No. 1036

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 8, 2011
                               ___________

Introduced  by  Sens.  GRISANTI, AVELLA, DeFRANCISCO, GALLIVAN, JOHNSON,
  KRUEGER, MAZIARZ, OPPENHEIMER, SERRANO, STAVISKY  --  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 --
  reported favorably from  said  committee,  ordered  to  first  report,
  amended  on  first  report,  ordered  to  a  second  report, and to be
  reprinted as amended, retaining its  place  in  the  order  of  second
  report

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.  BEAR  GALLBLADDERS AND BILE SHALL NOT BE POSSESSED, BARTERED, SOLD
OR OFFERED FOR SALE OR OFFERED FOR BARTER UNLESS A  VALID  BEAR  TAG  IS
ATTACHED. FOR THE PURPOSES OF THIS PARAGRAPH A VALID BEAR TAG SHALL MEAN
THE  TAG  OR  SIMILAR IDENTIFICATION REQUIRED BY THE GOVERNMENTAL ENTITY
THAT PERMITTED THE LEGAL TAKING OF SUCH BEAR. POSSESSION OF A BEAR GALL-
BLADDER WITHOUT A VALID BEAR TAG SHALL BE  PRIMA  FACIE  EVIDENCE  OF  A
VIOLATION  OF  THIS  PARAGRAPH.   A MINIMUM FIVE THOUSAND DOLLAR PENALTY
SHALL BE ISSUED PER INFRACTION OF  THIS  PARAGRAPH.    NOTHING  IN  THIS
SECTION  PROHIBITS AN OFFICER, EMPLOYEE, OR AGENT OF THE FEDERAL GOVERN-
MENT OR THE DEPARTMENT FROM  POSSESSING,  TRANSPORTING,  DELIVERING,  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10006-09-1

S. 3858--B                          2

RECEIVING  BEAR  GALLBLADDERS  OR  BILE,  FOR  WILDLIFE  LAW ENFORCEMENT
PURPOSES.
  C. Notwithstanding paragraph a 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.
  [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  SUBDIVISION FIVE OF 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 SUBDIVISION FIVE OF 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. Section 11-0911 of the environmental conservation law is  amended
by adding a new subdivision 6 to read as follows:
  6.  A.  THE  TAKER  MAY  TRANSPORT  THE  CARCASS  OF THE BEAR, FOR THE
PURPOSES OF HARVESTING THE GALLBLADDER AND/OR BILE, ONLY IF THE BEAR TAG
IS ATTACHED THERETO.
  B. NO PERSON TAKING, POSSESSING OR TRANSPORTING  BEAR  SHALL  FAIL  TO
COMPLY  WITH  THE  MANDATORY  REQUIREMENTS  OF  THIS SECTION AND SECTION
11-0917 OF THIS TITLE.
  S 3. Section 11-1733 of the environmental conservation law, the undes-
ignated paragraph as amended by chapter 432 of  the  laws  of  1997,  is
amended to read as follows:
S 11-1733. Taxidermy.

S. 3858--B                          3

  Persons  engaged  for  hire  in the business of preparing, stuffing or
mounting of skins of fish or wildlife shall keep in their place of busi-
ness a [register] TRUE AND COMPLETE RECORD, IN SUCH FORM AS IS  REQUIRED
BY  THE  COMMISSIONER  showing the name or description of every specimen
received,  the  date  of  receipt and the name and address of the person
from whom received. IN ADDITION, SUCH PERSONS SHALL ALSO RECORD ALL BEAR
GALLBLADDERS AND BILE RECEIVED ALONG WITH  INFORMATION  FROM  THE  VALID
BEAR  TAG REQUIRED IN PARAGRAPH B OF SUBDIVISION NINE OF SECTION 11-0917
OF THIS ARTICLE.  IN THE EVENT THAT SUCH PERSON  SELLS  OR  BARTERS  ANY
GALLBLADDER  OR  BILE THE RECORD SHALL ALSO INCLUDE THE NAME AND ADDRESS
OF THE PERSON OR PERSONS TO WHOM SUCH ITEMS WERE SOLD OR BARTERED.  SUCH
INFORMATION SHALL BE REPORTED TO THE DEPARTMENT  ANNUALLY  AND  RETAINED
FOR AT LEAST FIVE YEARS. Conservation officers and other persons author-
ized by the department shall have access to the register at all times.
  S  4.  Subdivision 2 of section 71-0921 of the environmental conserva-
tion law, as separately amended by chapters 313 and 711 of the  laws  of
1980, is amended to read as follows:
  2.  The  illegal taking of a bear less than one year old or the taking
of a bear by a means or method  not  permitted  by  this  chapter.  Such
misdemeanor  shall  be  punishable by imprisonment for not more than one
year or by a fine of not more than two thousand dollars, or by both such
imprisonment and fine. THE SALE OF BEAR GALLBLADDER/BILE IN VIOLATION OF
PARAGRAPH B OF SUBDIVISION NINE OF SECTION 11-0917 OF THIS CHAPTER SHALL
BE PUNISHABLE BY A FINE OF FIVE THOUSAND DOLLARS PER VIOLATION.
  S 5. The department of environmental conservation shall publish infor-
mation reported pursuant to section 11-1733 of the environmental conser-
vation law on the department's  website.    Any  personally  identifying
information  shall  not be included on the website. The department shall
also include information,  in  the  publication  authorized  in  section
11-0323  of  the  environmental  conservation  law, indicating that bear
gallbladders and/or bile may not be sold in a manner contrary to section
11-0917 of the environmental conservation law.
  S 6. This act shall take effect January first next succeeding the date
on which this act 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.

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