S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5098
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 9, 2019
                                ___________
 
 Introduced  by Sen. MARTINEZ -- 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
   designating  certain species as vulnerable species and prohibiting the
   sale of articles made from such vulnerable species; and to require the
   department of environmental conservation to designate the giraffe as a
   vulnerable species
 
   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-b to read as follows:
 § 11-0535-B. VULNERABLE SPECIES.
   1. AS USED IN  THIS  SECTION,  "VULNERABLE  SPECIES"  SHALL  MEAN  ANY
 SPECIES  OF  WILDLIFE  DESIGNATED BY THE DEPARTMENT, BY REGULATION FILED
 WITH THE SECRETARY OF STATE, WHICH MEET THE FOLLOWING CRITERIA:
   (A) ON THE BASIS OF CREDIBLE SCIENTIFIC EVIDENCE,  WHICH  MAY  INCLUDE
 INFORMATION  CONTAINED  ON  THE  INTERNATIONAL UNION FOR CONSERVATION OF
 NATURE AND NATURAL RESOURCES RED LIST OF THREATENED  SPECIES,  OR  OTHER
 SIMILAR DATA:
   (I)  THE  SPECIES  HAS  AN OBSERVED, ESTIMATED, INFERRED, PROJECTED OR
 SUSPECTED POPULATION SIZE REDUCTION OF THIRTY PERCENT OR MORE  OVER  THE
 LAST TEN YEARS OR THREE GENERATIONS, WHICHEVER IS LONGER; OR
   (II)  THE  GEOGRAPHIC RANGE OF THE SPECIES IS LESS THAN EIGHT THOUSAND
 SQUARE MILES AND THE AREA OF OCCUPANCY IS LESS THAN EIGHT HUNDRED SQUARE
 MILES, AND THE SPECIES' HABITAT IS SEVERELY FRAGMENTED OR THE SPECIES IS
 FOUND IN FEWER THAN TEN LOCATIONS; OR
   (III) THERE ARE LESS THAN TEN THOUSAND MATURE INDIVIDUALS AND THE RISK
 OF EXTINCTION OF THE SPECIES WITHIN ONE HUNDRED YEARS IS MORE  THAN  TEN
 PERCENT; OR
   (IV)  OTHER  FACTORS  THAT MAY CAUSE THE SPECIES TO GO EXTINCT IF THEY
 ARE NOT IDENTIFIED AND REVERSED;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10508-01-9

 S. 5098                             2
 
   (B) THE SPECIES IS KNOWN TO BE IN TRADE IN THIS STATE;
   (C)  THE  SPECIES  IS  NOT  PROTECTED  AS  AN ENDANGERED OR THREATENED
 SPECIES BY THE SECRETARY OF THE INTERIOR; AND
   (D) THE SPECIES IS NOT PROTECTED UNDER THE  MARINE  MAMMAL  PROTECTION
 ACT.
   2.  EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF THIS SECTION,
 NO PERSON SHALL SELL, OR POSSESS WITH THE INTENT TO  SELL,  ANY  ARTICLE
 MADE  IN  WHOLE  OR  IN  PART FROM THE SKIN, HIDE, OR OTHER PARTS OF ANY
 VULNERABLE SPECIES, EXCEPT UNDER LICENSE OR PERMIT FROM THE DEPARTMENT.
   3. THE COMMISSIONER MAY ISSUE LICENSES OR  PERMITS  FOR  THE  SALE  OR
 POSSESSION  WITH  INTENT TO SELL OF ANY ARTICLE MADE IN WHOLE OR IN PART
 FROM THE SKIN, HIDE, OR OTHER PARTS OF ANY VULNERABLE SPECIES,  PROVIDED
 THAT:
   (A)  THE ARTICLE IS PART OF A BONA FIDE ANTIQUE AND THE ANTIQUE STATUS
 OF SUCH ANTIQUE IS ESTABLISHED BY  THE  OWNER  OR  SELLER  THEREOF  WITH
 HISTORICAL  DOCUMENTATION  EVIDENCING PROVENANCE AND SHOWING THE ANTIQUE
 TO BE NOT LESS THAN ONE HUNDRED YEARS OLD; OR
   (B) THE ARTICLE IS FOR BONA FIDE EDUCATIONAL OR  SCIENTIFIC  PURPOSES,
 OR  TO  BE  MADE PART OF A TEMPORARY OR PERMANENT COLLECTION OF A MUSEUM
 CHARTERED BY THE BOARD OF REGENTS PURSUANT TO THE EDUCATION LAW OR TO  A
 MUSEUM  AUTHORIZED  BY  A  SPECIAL  CHARTER FROM THE LEGISLATURE OF THIS
 STATE, PROVIDED THAT THE ARTICLE IS NOT THEREAFTER SOLD TO  ANY  PRIVATE
 PARTY.
   4.  THE DEPARTMENT SHALL MAINTAIN A LIST OF VULNERABLE SPECIES IDENTI-
 FIED PURSUANT TO THIS SECTION AND POST SUCH  LIST  ON  THE  DEPARTMENT'S
 WEBSITE.
   5.  SPECIES  SHALL  NOT  BE DESIGNATED AS A VULNERABLE SPECIES FOR THE
 PURPOSES OF THIS SECTION IF:
   (A) THE SPECIES IS PROTECTED PURSUANT TO ANY OTHER PROVISION  OF  THIS
 CHAPTER; OR
   (B)  THE TAKING OF THE SPECIES IS REGULATED BY THE DEPARTMENT PURSUANT
 TO PERMIT OR LICENSE.
   § 2. Section 71-0925 of the environmental conservation law is  amended
 by adding a new subdivision 17 to read as follows:
   17.  IF  THE  VIOLATION  WAS AN ACT PROHIBITED BY SECTION 11-0535-B OF
 THIS CHAPTER, NOT MORE THAN ONE THOUSAND DOLLARS OR NOT  MORE  THAN  TWO
 TIMES  THE  VALUE  OF THE ARTICLE INVOLVED, WHICHEVER IS GREATER. IF THE
 VIOLATION IS A SECOND OR SUBSEQUENT VIOLATION OF SUCH SECTION 11-0535-B,
 NOT MORE THAN TWO THOUSAND DOLLARS OR NOT  MORE  THAN  THREE  TIMES  THE
 VALUE OF THE ARTICLE INVOLVED, WHICHEVER IS GREATER.
   § 3. Within 180 days of the effective date of this act, the department
 of  environmental  conservation  shall promulgate regulations that, at a
 minimum, designate giraffes (Giraffa  Camelopardalis)  as  a  vulnerable
 species  pursuant to section 11-0535-b of the environmental conservation
 law.
   § 4. 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.
   §  5.  No  later than January 1, 2021, the department of environmental
 conservation shall prepare a report outlining enforcement activities and
 recommendations regarding any necessary changes.
   § 6. This act shall take effect immediately.