S T A T E O F N E W Y O R K
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11359
I N A S S E M B L Y
September 19, 2018
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. L. Rosen-
thal) -- read once and referred to the Committee on Environmental
Conservation
AN ACT to amend the environmental conservation law, in relation to
prohibiting the sale, trade or bartering or possession with intent to
sell, trade or barter of certain wild animals or wild animal products
and the penalties imposed therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 11-0536 of the environmental
conservation law, as amended by chapter 338 of the laws of 2009, is
amended to read as follows:
1. Except as provided in subdivision three hereof, no part of the skin
or body, whether raw or manufactured, of the following species of wild
animals or the animal itself may be sold, TRADED, BARTERED, or offered
for sale, OR POSSESSED WITH INTENT TO SELL, TRADE OR BARTER by any indi-
vidual, firm, corporation, association or partnership within the state
of New York:--Leopard (Panthera pardus), Snow Leopard (Uuncia), Clouded
Leopard (Neofelis nebulosa), Tiger (Panthera tigres), Asiatic Lion
(Panthera leo persica), Cheetah (Acinoyx jubatus), Alligators, Caiman or
Crocodile of the Order Crocodylia (except as provided in subdivision two
of this section), tortoises of the genus Gopherus, marine turtles of the
family Cheloniidae and the family Dermochelidae, Vicuna (Vicugna vicug-
na), Wolf (Canis lupus), Red Wolf (Canis niger), or Tasmanian Forester
Kangaroo (Macropus giganteus tasmaniensis) or Polar Bear (Thalarctos
maritimus), Mountain Lion, sometimes called Cougar (Felis Concolar),
Jaguar (Panthera onca), Ocelot (Felis pardalis), or Margay (Felis
wiedii), [Sumatran Rhinoceros (Dicerorhinus sumatrensis), or Black
Rhinoceros (Dicero bicornis)] RHINOCEROS (RHINOCEROTIDAE) OR GIRAFFE
(GIRAFFA CAMELOPARDALIS).
§ 2. Section 71-0924 of the environmental conservation law, as amended
by chapter 326 of the laws of 2014, is amended to read as follows:
§ 71-0924. Illegal commercialization of fish, shellfish, crustaceans,
and wildlife.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16518-01-8
A. 11359 2
1. Notwithstanding any other provision of this chapter, when a
violation involves the sale, trade or barter of fish, shellfish, crusta-
ceans, 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.] A. 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.] B. 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 misde-
meanor punishable by a fine of five thousand dollars and/or not more
than one year of imprisonment;
[3.] C. 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;
[and]
[4.] D. where the value of ivory articles, as defined in section
11-0535-a of this chapter, exceeds twenty-five thousand dollars, the
offense shall constitute a class D felony under the provisions of the
penal law; AND
E. WITH RESPECT TO A VIOLATION OF THE PROVISIONS OF SECTION 11-0536 OF
THIS CHAPTER, IN ADDITION TO ANY OTHER FINES OR PENALTIES, WHERE THE
VALUE OF WILDLIFE, OR PARTS THEREOF, EXCEEDS TWENTY-FIVE THOUSAND
DOLLARS, THE OFFENSE SHALL CONSTITUTE A CLASS D FELONY UNDER THE
PROVISIONS OF THE PENAL LAW, AND SHALL BE PUNISHABLE BY A FINE OF THE
GREATER OF: (I) TWENTY THOUSAND DOLLARS; OR (II) UP TO TWICE THE FAIR
MARKET VALUE OF THE WILDLIFE, OR PARTS THEREOF.
[5.] 2. For the purposes of this section the value of fish, shellfish,
crustaceans 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.
§ 3. Subdivisions 1, 2 and 3 of section 71-0927 of the environmental
conservation law, subdivisions 1 and 2 as amended and subdivision 3 as
added by chapter 284 of the laws of 2004, are amended to read as
follows:
1. Anyone convicted of violating the prohibition against harvesting,
taking, possessing or transporting shellfish under facts and circum-
stances meeting the criteria for imposition of sanctions pursuant to
PARAGRAPH C OF subdivision [3] 1 of section 71-0924; or anyone convicted
two or more times within five years of violating the prohibition against
harvesting, taking, possessing or transporting shellfish under facts and
circumstances meeting the criteria for imposition of sanctions pursuant
to PARAGRAPH B OF subdivision [3] 1 of section 71-0924, or of violating
subdivision 1 or 2, paragraph e or f of subdivision 3, subdivision 6, 8,
A. 11359 3
9, 10, 11, or 13 of section 13-0309, section 13-0317, subdivision 2 of
section 13-0323, section 13-0325, [subdivision 3 or 5 of] section
13-0327, or section 13-0344 of this chapter shall have his license to
take and land shellfish revoked and shall not be relicensed for a mini-
mum of five years thereafter, in addition to any other sanction imposed
pursuant to this article.
2. Anyone convicted of unlawfully harvesting, taking, possessing or
transporting any marine fish, shellfish or crustacea under facts and
circumstances meeting the criteria for imposition of sanctions pursuant
to PARAGRAPH C OF subdivision [3] 1 of section 71-0924; or anyone
convicted two or more times within five years of unlawfully harvesting,
taking, possessing or transporting any marine fish, shellfish or crusta-
cea under facts and circumstances meeting the criteria for imposition of
sanctions pursuant to PARAGRAPH B OF subdivision [3] 1 of section
71-0924, or of violating subdivision 1, paragraph c of subdivision 2,
subdivision 5, 6, 7 or 9 of section 13-0329, or section 13-0344 of this
chapter shall have his license to take and land lobsters revoked and
shall not be relicensed for a minimum of five years thereafter, in addi-
tion to any other sanction imposed pursuant to this article.
3. Any person convicted of violating the prohibition against harvest-
ing, taking, possessing or transporting any marine food fish under facts
and circumstances meeting the criteria for imposition of sanctions
pursuant to PARAGRAPH C OF subdivision [3] 1 of section 71-0924; or any
person convicted two or more times within five years of violating the
prohibition against harvesting, taking, possessing or transporting any
marine food fish under facts and circumstances meeting the criteria for
imposition of sanctions pursuant to PARAGRAPH B OF subdivision [3] 1 of
section 71-0924, or of violating section 13-0344 of this chapter, shall
have his license to take and land marine food fish revoked and shall not
be licensed for a minimum of five years thereafter, in addition to any
other sanctions imposed pursuant to this article.
§ 4. This act shall take effect immediately. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made on or before such date.