S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
June 10, 2013
Introduced by Sen. LITTLE -- (at request of the Department of Environ-
mental Conservation) -- 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 the
sale, distribution, transport and trade of Eurasian boars
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph b of subdivision 29 of section 11-0103 of the
environmental conservation law, as added by chapter 208 of the laws of
1999, is amended to read as follows:
b. A captive bred North American big game mammal including: cougar,
wolf, bear, bison, big horn sheep, mountain goat, antelope, elk, musk
ox, mule deer, black tailed deer, caribou, [swine,] and a domestic game
animal as defined in paragraph b of subdivision four of this section,
provided, however, that nothing herein shall be deemed to expand, dimin-
ish, or alter the department's authority under existing statute or regu-
lation to regulate the taking of big game as defined in paragraph b of
subdivision two of this section or other protected wildlife as defined
in paragraph c of subdivision six of this section.
S 2. The environmental conservation law is amended by adding a new
section 11-0514 to read as follows:
S 11-0514. EURASIAN BOARS PROHIBITED.
1. FOR PURPOSES OF THIS SECTION, "EURASIAN BOAR" SHALL MEAN ANY
SUBSPECIES, BREED, OR HYBRID OF SWINE RECOGNIZED AS EURASIAN BOAR,
RUSSIAN BOAR, WILD BOAR, WILD HOG, RAZORBACK, OR FERAL SWINE. "EURASIAN
BOAR" SHALL NOT INCLUDE DOMESTIC PIGS (SUS SCROFA DOMESTICA) POSSESSED
FOR MEAT PRODUCTION OR AS PETS, OR ANIMALS POSSESSED OR OWNED BY A
ZOOLOGICAL PARK ACCREDITED BY THE ASSOCIATION OF ZOOS AND AQUARIUMS.
2. NO PERSON, FIRM, PARTNERSHIP, CORPORATION, OR GOVERNMENT ENTITY
SHALL KNOWINGLY IMPORT, ALLOW TO BREED, OR INTRODUCE INTO THE WILD EURA-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 5733 2
3. BEGINNING SEPTEMBER FIRST, TWO THOUSAND FIFTEEN, NO PERSON, FIRM,
PARTNERSHIP, CORPORATION OR GOVERNMENT ENTITY SHALL KNOWINGLY POSSESS,
SELL, OFFER FOR SALE, DISTRIBUTE, TRANSPORT, OR OTHERWISE MARKET OR
TRADE LIVE EURASIAN BOARS.
4. THE DEPARTMENT MAY ADOPT RULES AND REGULATIONS NECESSARY TO IMPLE-
MENT AND ADMINISTER THIS SECTION.
S 3. 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 A FIRST OR SECOND VIOLATION OF SECTION
11-0514 OF THIS CHAPTER, A FINE OF UP TO FIVE HUNDRED DOLLARS FOR EACH
ANIMAL FOR EACH ACT OF IMPORTATION, POSSESSION, INTRODUCTION, SALE,
OFFER FOR SALE, DISTRIBUTION, TRANSPORTATION OR OTHERWISE MARKETING OR
TRADING. FOR A THIRD OR SUBSEQUENT SEPARATE VIOLATION OF SECTION
11-0514 OF THIS CHAPTER, THE GREATER OF A. A FINE OF ONE THOUSAND
DOLLARS FOR EACH ANIMAL FOR EACH ACT OF IMPORTATION, BREEDING,
POSSESSION, INTRODUCTION, SALE, OFFER FOR SALE, DISTRIBUTION, TRANSPOR-
TATION OR OTHERWISE MARKETING OR TRADING OR B. AN AMOUNT EQUAL TO THREE
TIMES (1) THE FINANCIAL SECURITY PROVIDED BY CUSTOMERS FOR THE OPPORTU-
NITY TO TAKE THE ANIMAL OR (2) THE VALUE OF A BOAR FOR MEAT PRODUCTION
OR AS BREEDING STOCK.
S 4. This act shall take effect immediately, provided, however, that
any person, firm, partnership or corporation which has a contract to
import Eurasian boars as of the effective date of this act may import
such animals for 60 days after such effective date.