S T A T E O F N E W Y O R K
________________________________________________________________________
8824
I N A S S E M B L Y
February 19, 2014
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Introduced by M. of A. SWEENEY, WEISENBERG, LIFTON, O'DONNELL, STEC,
GUNTHER, JAFFEE, KAVANAGH, SCHIMEL, TITONE, FAHY, ROZIC, OTIS, GOTT-
FRIED, COOK, ENGLEBRIGHT, DINOWITZ, MILLMAN, CAHILL, ROBINSON, ROSEN-
THAL, BROOK-KRASNY, BRAUNSTEIN, CORWIN -- Multi-Sponsored by -- M. of
A. BRENNAN, GLICK, HENNESSEY, LUPARDO, SCARBOROUGH, SKARTADOS -- read
once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
prohibiting the purchase and sale of ivory articles and to increase
the penalties for the illegal commercialization of fish, shellfish,
crustacea and wildlife, including ivory articles
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 11-0535-a to read as follows:
S 11-0535-A. ILLEGAL IVORY ARTICLES.
1. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF SECTION
11-0535 OF THIS TITLE, WHICH AUTHORIZES THE DEPARTMENT TO ISSUE CERTAIN
LICENSES OR PERMITS, NO PERSON SHALL SELL, OFFER FOR SALE, PURCHASE,
TRADE, BARTER, OR DISTRIBUTE OTHER THAN TO A LEGAL BENEFICIARY, AN IVORY
ARTICLE.
A. "IVORY ARTICLE" MEANS ANY ITEM CONTAINING:
(I) WORKED OR RAW IVORY FROM ANY SPECIES OF ELEPHANT OR MAMMOTH; OR
(II) ANY ANIMAL PART CONTAINING IVORY INCLUDED BY THE COMMISSIONER
PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
B. "WORKED IVORY" MEANS ANY ELEPHANT OR MAMMOTH TUSK, AND ANY PIECE
THEREOF, WHICH IS NOT RAW IVORY.
C. "RAW IVORY" MEANS ANY ELEPHANT OR MAMMOTH TUSK, AND ANY PIECE
THEREOF, THE SURFACE OF WHICH, POLISHED, OR UNPOLISHED, IS UNALTERED OR
MINIMALLY CARVED.
2. THE COMMISSIONER MAY ADOPT RULES AND REGULATIONS EXPANDING THE
DEFINITION OF "IVORY ARTICLE" TO INCLUDE ANY OTHER ANIMAL PARTS CONTAIN-
ING IVORY PROVIDED THAT SUCH PARTS ARE FROM ANIMALS CLASSIFIED AS ENDAN-
GERED OR THREATENED AND PROVIDED THAT THE COMMISSIONER HAS HELD AT LEAST
ONE PUBLIC HEARING PRIOR TO THE ADOPTION OF SUCH RULES AND REGULATIONS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14095-01-4
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S 2. Section 71-0924 of the environmental conservation law, as added
by chapter 69 of the laws of 1988, subdivision 4 as amended by chapter
417 of the laws of 1996, is amended to read as follows:
S 71-0924. Illegal commercialization of fish, shellfish, crustaceans,
and wildlife.
Notwithstanding any other provision of this chapter, when a violation
involves the sale, trade or barter of fish, shellfish, crustaceans,
wildlife, or parts thereof, the sale, trade or barter of which is
prohibited by the fish and wildlife law, the following additional penal-
ties shall be imposed:
1. where the value of fish, shellfish, crustaceans, wildlife, or parts
thereof, is two hundred fifty dollars or less, the offense shall be a
violation punishable by a fine of five hundred dollars and/or not more
than fifteen days of imprisonment;
2. where the value of fish, shellfish, crustaceans, wildlife, or parts
thereof, is more than two hundred fifty dollars but does not exceed one
thousand five hundred dollars, the offense shall be a misdemeanor
punishable by a fine of five thousand dollars and/or not more than one
year of imprisonment; [and]
3. where the value of fish, shellfish, crustaceans, wildlife, or parts
thereof, exceeds one thousand five hundred dollars, the offense shall
constitute a class E felony under the provisions of the penal law[.];
4. WHERE THE VALUE OF FISH, SHELLFISH, CRUSTACEANS, WILDLIFE, OR PARTS
THEREOF, EXCEEDS TWENTY-FIVE THOUSAND DOLLARS, THE OFFENSE SHALL CONSTI-
TUTE A CLASS D FELONY UNDER THE PROVISIONS OF THE PENAL LAW;
5. WHERE THE VALUE OF FISH, SHELLFISH, CRUSTACEANS, WILDLIFE, OR PARTS
THEREOF, EXCEEDS TWO HUNDRED FIFTY THOUSAND DOLLARS, THE OFFENSE SHALL
CONSTITUTE A CLASS C FELONY UNDER THE PROVISIONS OF THE PENAL LAW.
For the purposes of this section the value of fish, shellfish, crusta-
ceans and wildlife shall be the fair market value of or actual price
paid for such resource, whichever is greater. For purposes of this
section, "sale" shall include the acts of selling, trading or bartering
and all related acts, such as the act of offering for sale, trade or
barter, and shall also include the illegal possession of fish, shellf-
ish, wildlife or crustacea with intent to sell. It shall be presumptive
evidence of possession with intent to sell when such fish, shellfish,
wildlife or crustacea is possessed in quantities exceeding the allowable
recreational quantities, or is possessed in a retail or wholesale outlet
commonly used for the buying or selling of such fish, shellfish, wild-
life or crustacea, provided, however, that nothing in this subdivision
shall preclude the admission of other evidence which may serve to inde-
pendently prove a defendant's intent to sell.
S 3. Subdivision 13 of section 71-0925 of the environmental conserva-
tion law, as amended by chapter 706 of the laws of 2005, is amended and
a new subdivision 16 is added to read as follows:
13. If the violation was an act prohibited by subdivision two of
section 11-0535, 11-0535-A or by section 11-0536 of this chapter, or by
any lawful rule or regulation of the department promulgated pursuant
thereto, not more than two thousand dollars, and an additional penalty
of not more than three hundred fifty dollars for each fish, shellfish,
crustacea, wildlife or part thereof involved in the violation. If the
violation was an act prohibited by any regulation of the department
promulgated pursuant to subdivision three of section 11-0535 of this
chapter, then such penalty shall be not more than one thousand dollars,
and an additional penalty of not more than two hundred dollars for each
A. 8824 3
fish, shellfish, crustacea, wildlife or part thereof involved in the
violation.
16. IF THE VIOLATION WAS A SECOND OR SUBSEQUENT VIOLATION OF SECTION
11-0535, 11-0535-A OR 11-0536 OF THIS CHAPTER, THE GREATER OF (A) A FINE
OF FOUR THOUSAND DOLLARS PER ARTICLE FOR EACH VIOLATION, OR (B) AN
AMOUNT EQUAL TO THREE TIMES THE VALUE OF THE ARTICLE INVOLVED.
S 4. Within 30 days of the effective date of this act, the department
shall maintain on its website information regarding the prohibition on
the sale and purchase of ivory articles in the state.
S 5. 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 6. No later than January 1, 2020, the department shall prepare a
report outlining enforcement activities and recommendations regarding
any necessary changes, including but not limited to the extension or
repeal of this act.
S 7. This act shall take effect immediately; provided, however, any
person who has been issued a license or permit allowing the sale of
elephant ivory articles prior to the effective date of this act may sell
such articles listed on such license or permit until such license or
permit has expired.