S T A T E O F N E W Y O R K
________________________________________________________________________
5116
2017-2018 Regular Sessions
I N A S S E M B L Y
February 6, 2017
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT prohibiting the possession and transport of certain animals and
body parts thereof at airports and port facilities owned or operated
by the Port Authority of New York and New Jersey
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. a. As used in this section:
(1) "Big five African species" means the African elephant, Loxodonta
africana; African leopard, Panthera pardus; African lion, Panthera leo;
black rhinoceros, Diceros bicornis; and white rhinoceros, Ceratotherium
simum.
(2) "Priority species" means any species or subspecies of wildlife
that: appears on the list of wildlife determined to be endangered by the
commissioner of the department of environmental conservation pursuant to
6 NYCRR §182.5(a); appears on any federal list of endangered or threat-
ened species, or has been proposed to be included on any such list; or
is a big five African species. "Priority species" shall include the
whole animal or any part, product, egg, or offspring of such species, or
the dead body or parts thereof, excluding fossils, whether or not
included in a manufactured product or in a food product.
b. Notwithstanding the provisions of any other law to the contrary,
priority species shall not be imported, exported, shipped, received,
possessed, processed, sold, offered for sale, or transported by any
individual, firm, corporation, association, or partnership at any
airport or port facility owned or operated by the Port Authority of New
York and New Jersey.
c. Any Port Authority agent or Port Authority police officer shall
have authority to enforce the prohibition in subdivision b of this
section and, where necessary, to apply for and execute any warrant to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05122-01-7
A. 5116 2
search for and seize any priority species and any property or item used
in connection with a violation of subdivision b of this section.
d. Unless the activity is prohibited by federal law, the following
exceptions and defenses shall apply to the prohibition in subdivision b
of this section:
(1) the priority species was lawfully located or possessed within the
state of New York or the state of New Jersey prior to the effective date
of this act; or
(2) the priority species is to be made part of a temporary or perma-
nent collection at a museum or zoo, or similar educational or research
facility, provided that the priority species is not thereafter sold,
offered for sale, traded, bartered, or distributed to any private party.
e. (1) Any priority species and any property or item used in
connection with a violation of subdivision b of this section shall be
held pending criminal proceedings in any court of proper jurisdiction.
(2) A person who violates subdivision b of this section shall be guil-
ty of a class E felony and, notwithstanding the provisions of sections
70.00 and 80.00 of the penal law of the state of New York to the contra-
ry, shall be subject to imprisonment not to exceed 18 months and a fine
of up to $100,000.
(3) Upon conviction, or upon the entry of a judgment restraining a
person from any activity that is or would be in violation of subdivision
b of this section, any seized property shall be forfeited, and upon
forfeiture, disposed of in a manner consistent with the best interest of
the public as determined by the court.
(4) Any penalty imposed pursuant to this section shall be in addition
to any applicable penalty that may be imposed for a violation of article
11 of the environmental conservation law, 6 NYCRR Chapter 1, and any
other applicable law, rule or regulation to the contrary.
§ 2. This act shall take effect upon the enactment into law by the
state of New Jersey of legislation having an identical effect with this
act, but if the state of New Jersey shall have already enacted such
legislation, then it shall take effect immediately; and provided that
the waterfront commission shall notify the legislative bill drafting
commission upon the occurrence of the enactment of the legislation
provided for in section one of this act in order that the commission may
maintain an accurate and timely effective data base of the official text
of laws of the state of New York in furtherance of effecting the
provisions of section 44 of the legislative law and section 70-b of the
public officers law.