NY State Senate Bill 2021-S2814

Senate Bill S2814

2021-2022 Legislative Session

Enacts the "Big Five African Trophies Act" relating to banning the importation, transportation and possession of certain African wildlife species and products

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 10, 2022	referred to environmental conservation delivered to assembly passed senate
May 05, 2022	advanced to third reading
May 04, 2022	2nd report cal.
May 03, 2022	1st report cal.1036
Jan 05, 2022	referred to environmental conservation returned to senate died in assembly
May 20, 2021	referred to environmental conservation delivered to assembly passed senate
May 12, 2021	advanced to third reading
May 11, 2021	2nd report cal.
May 10, 2021	1st report cal.975
Jan 25, 2021	referred to environmental conservation

Votes

- May 11, 2022 - Floor Vote
  S2814
  
  52
  
  Aye
  
  10
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 11, 2022
      
      aye (52)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      nay (10)
      
      Akshar
      
      Borrello
      
      Gallivan
      
      Griffo
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Rath III
      
      Ritchie
      
      Stec
      
      excused (1)
      
      Brouk
  May 3, 2022 - Environmental Conservation Committee Vote
  S2814
  
  9
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 3, 2022
      
      aye (9)
      
      Harckham
      
      Hinchey
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Mannion
      
      May
      
      Palumbo
      
      Serrano
      
      nay (2)
      
      Ritchie
      
      Stec

co-Sponsors

2021-S2814 (ACTIVE) - Details

See Assembly Version of this Bill:: A716
Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 11 Title 5 §11-0535-d, amd §71-0919, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4686, A10287
2017-2018: S1883, A4010
2019-2020: S4325, A7556
2023-2024: S3302, A584

2021-S2814 (ACTIVE) - Summary

Enacts the "Big Five African Trophies Act" relating to banning the importation, transportation and possession of certain African wildlife species and products.

2021-S2814 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2814

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
enacting the "Big Five African Trophies Act" relating to foreign game

 
PURPOSE OR GENERAL IDEA OF THE BILL:

To amend the environmental conservation law, in relation to foreign
game.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amend section 11-1717 of the environmental conser-
vation law, subdivision 2 as amended by section 18 of part H of chapter
58 of the laws of 2012 by including in the definition of "foreign game"
the "big five African species" and adding new provisions which specif-
ically prohibits the import, possession, sale or transportation of any
of the "big five African species" and give any law enforcement officer
authority to enforce this prohibition and where necessary authority to

execute any warrant to search for and seize "big five African species"
that have been imported, possessed, sold, offered for sale or trans-
ported in violation of this section.

Section 1 also includes the following exemptions and defenses to these
prohibitions, unless such activity is prohibited by federal law: the
"big five African species" was located or possessed within New York
prior to the effective date of this section and the legal owner has
obtained a certificate of possession. From the Secretary of State, or b.
the "big five African species" is 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 a museum authorized by a special char-
ter from the legislature, provided that the article is not thereafter
sold, offered for sale, traded, bartered or distributed to any private
party, or c. the "big five African species" is distributed directly to a
legal beneficiary of a trust or to a legal heir provided the article was
located or possessed by the decedent prior to the effective date of this
section and that after transfer to the beneficiary or heir that the
article is not thereafter sold, offered for sale, traded, bartered or
distributed to any private party and that the beneficiary or heir obtain
a certificate of possession from the secretary of state within 180 days
of obtaining the article.

Section 2 of the bill amends subdivision 1 o section 71-0919 of the
environmental conservation law by adding a new paragraph g stating "In
the cases provided for in section 11-1717 of this chapter (a) Any big
five African species, property and/or item used in connection with a
violation of this section shall be held pending criminal proceedings in
any court of proper jurisdiction, (b) a defendant convicted of this
offense shall be sentenced pursuant to paragraph (b) of subdivision one
of section 55.10 of the penal law; 'provided, however, that any term of
imprisonment imposed shall be a definite sentence, which may not exceed
two years, (c) upon conviction, or upon the entry of a Judgment.
restraining a defendant from Importing, selling, offering for sale, or
transporting any big five African specie s on the grounds that such
activity is or would be in violation of section 11-1717 of this chapter,

any seized property under this paragraph shall be forfeited and upon
forfeiture, destroyed.

Section 3 sets forth an immediate effective date.

 
JUSTIFICATION:

The continued importation, possession, sale and/or transportation of the
so-called "Big Five African Species"-lions, leopards, elephants, black
rhinos, white rhinos and giraffes-is detrimental to the survival of
these species.

All of the Big Five African Species are threatened with extinction if
the current rate of illegal poaching continues. Additionally, some Afri-
can countries are considering (or have already) legalizing sport hunting
and exportation of Big Five African Species. Such countries have based
the legalization on the faulty logic that legalizing hunting of Big Five
African Species will decrease the illegal poaching and trade of these
animals. Such logic is not only erroneous, but also detrimental to the
survival of the Big Five African Species.

There is growing scientific evidence that legal trade of trophy-hunted
species preserves and reinforces the illegal sourcing of the same.  For
example, South Africa, home to the second largest black rhino population
in the world, received permission by the Convention on International
Trade in Endangered Species of Wild Fauna and Flora to sell permits for
trophy-hunted rhinos in 2004. Many of these hunts are purchased by Amer-
icans, and the trophies are import into or through the state of New
York, The country has since seen a marked rise in illegal rhino poach-
ing, with the World Wildlife Fund reporting that rhino poaching has
increased 5,000% since 2007.

Accordingly, by banning the importation, possession, sale and transpor-
tation of all Big Five African Species within New York, the State will
not be encouraging or abetting the continued demise of these species by
sport-hunting. Only a complete ban can stem the tide of illegal traf-
ficking caused by the legalization of hunting and capture of the Big
Five African Species in some African countries.

 
LEGISLATIVE HISTORY:

S.4686-A (Avella) of 2016/A.10287 (Sepolveda) of 2016 - Passed the
Senate
S.1833-B (Avella) of 2017-18 - Referred to Environmental Conservation
S.4325-A of 2019 - Passed the Senate
S.4325-A of 2020 - Referred to Environmental Conservation

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately after it shall have become a law.

2021-S2814 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2814
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2021
                                ___________
 
 Introduced  by Sens. SEPULVEDA, SERRANO -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Environmental
   Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   enacting the "Big Five African Trophies Act" relating to foreign game

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the  "Big  Five
 African Trophies Act".
   §  2.  Title  5 of Article 11 of the environmental conservation law is
 amended by adding a new section 11-0535-d to read as follows:
 § 11-0535-D. BIG FIVE AFRICAN TROPHIES ACT.
   1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  NO  INDIVIDUAL,  FIRM,
 CORPORATION,  ASSOCIATION,  OR  PARTNERSHIP SHALL IMPORT, EXPORT, TRANS-
 PORT, PROCESS, SELL, OFFER FOR SALE, PURCHASE, TRADE, BARTER, DISTRIBUTE
 OR POSSESS ANY PART OR PRODUCT OF THE SKIN OR BODY, WHETHER RAW OR MANU-
 FACTURED, OF THE FOLLOWING ANIMAL SPECIES: AFRICAN  ELEPHANT  (LOXODONTA
 AFRICANA);  AFRICAN  LEOPARD  (PANTHERA  PARDUS); AFRICAN LION (PANTHERA
 LEO); BLACK RHINOCEROS (DICEROS BICORNIS); WHITE RHINOCEROS (CERATOTHER-
 IUM SIMUM); AND AFRICAN GIRAFFE (GIRAFFA CAMELOPARDALIS).
   2. UNLESS SUCH ACTIVITY IS PROHIBITED BY FEDERAL LAW, PARAGRAPH  E  OF
 SUBDIVISION SIX OF SECTION 11-0103 OF THIS ARTICLE, OR SECTIONS 11-0512,
 11-0535-A,  OR  11-0536  OF  THIS  TITLE,  THE  FOLLOWING EXCEPTIONS AND
 DEFENSES APPLY TO THE PROHIBITIONS OF SUBDIVISION ONE OF THIS SECTION:
   A. THE PART OR PRODUCT WAS LOCATED OR POSSESSED WITHIN  THE  STATE  OF
 NEW YORK PRIOR TO THE EFFECTIVE DATE OF THIS SECTION AND THE LEGAL OWNER
 HAS OBTAINED A CERTIFICATE OF POSSESSION FROM THE SECRETARY OF STATE;
   B.  THE PART OR PRODUCT IS 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00556-01-1

 S. 2814                             2
 
 SOLD, OFFERED FOR SALE, TRADED, BARTERED OR DISTRIBUTED TO  ANY  PRIVATE
 PARTY; OR
   C.  THE PART OR PRODUCT IS DISTRIBUTED DIRECTLY TO A LEGAL BENEFICIARY
 OF A TRUST OR TO A LEGAL  HEIR  PROVIDED  THE  ARTICLE  WAS  LOCATED  OR
 POSSESSED  BY  THE DECEDENT PRIOR TO THE EFFECTIVE DATE OF THIS SECTION;
 PROVIDED FURTHER THAT AFTER TRANSFER TO THE BENEFICIARY OR HEIR THAT THE
 ARTICLE IS NOT THEREAFTER SOLD, OFFERED FOR SALE,  TRADED,  BARTERED  OR
 DISTRIBUTED  TO ANY PRIVATE PARTY; PROVIDED FURTHER THAT THE BENEFICIARY
 OR HEIR OBTAIN A CERTIFICATE OF POSSESSION FROM THE SECRETARY  OF  STATE
 WITHIN ONE HUNDRED EIGHTY DAYS OF OBTAINING THE ARTICLE.
   3.  ANY OFFICER OR AGENT AUTHORIZED BY THE COMMISSIONER, OR ANY POLICE
 OFFICER OF THE STATE OF NEW YORK, OR ANY POLICE OFFICER OF  ANY  MUNICI-
 PALITY WITHIN THE STATE OF NEW YORK, SHALL HAVE AUTHORITY TO EXECUTE ANY
 WARRANT  TO  SEARCH  FOR AND SEIZE ANY PARTS OR PRODUCTS IN VIOLATION OF
 THIS SECTION, AS DEFINED IN SUBDIVISION ONE  OF  THIS  SECTION,  OR  ANY
 PROPERTY  OR  ITEM  USED IN CONNECTION WITH A VIOLATION OF THIS SECTION;
 SUCH PARTS OR PRODUCTS SHALL BE HELD PENDING PROCEEDINGS IN ANY COURT OF
 PROPER JURISDICTION. UPON CONVICTION, OR UPON THE ENTRY  OF  A  JUDGMENT
 RESTRAINING  THE  IMPORT,  EXPORT,  TRANSPORT,  PROCESS, SALE, OFFER FOR
 SALE, PURCHASE, TRADE, BARTER, DISTRIBUTION OR POSSESSION  OF  ANY  SUCH
 PART  OR  PRODUCT  ON  THE  GROUND  THAT  SUCH  PARTS OR PRODUCTS ARE IN
 VIOLATION OF THIS SECTION, SUCH PARTS OR  PRODUCTS  SHALL  BE  FORFEITED
 AND,  UPON  FORFEITURE,  EITHER  OFFERED TO A RECOGNIZED INSTITUTION FOR
 SCIENTIFIC OR EDUCATIONAL PURPOSES, OR DESTROYED.
   § 3. Subdivision 1 of section 71-0919 of the  environmental  conserva-
 tion law is amended by adding a new paragraph h to read as follows:
   H. IN THE CASES PROVIDED FOR IN SECTION 11-0535-D OF THIS CHAPTER:
   (1)  ANY  BIG  FIVE  AFRICAN  SPECIES,  PROPERTY  AND/OR  ITEM USED IN
 CONNECTION WITH A VIOLATION OF THIS SECTION SHALL BE HELD PENDING CRIMI-
 NAL PROCEEDINGS IN ANY COURT OF PROPER JURISDICTION.
   (2) A DEFENDANT CONVICTED OF THIS OFFENSE SHALL BE SENTENCED  PURSUANT
 TO  PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION 55.10 OF THE PENAL LAW;
 PROVIDED, HOWEVER, THAT ANY TERM OF IMPRISONMENT IMPOSED  FOR  VIOLATION
 OF  THIS  SECTION SHALL BE A DEFINITE SENTENCE, WHICH MAY NOT EXCEED TWO
 YEARS.
   (3) UPON CONVICTION, OR UPON THE ENTRY OF  A  JUDGMENT  RESTRAINING  A
 DEFENDANT  FROM  IMPORTING,  POSSESSING,  SELLING, OFFERING FOR SALE, OR
 TRANSPORTING ANY BIG FIVE AFRICAN  SPECIES  ON  THE  GROUNDS  THAT  SUCH
 ACTIVITY  IS OR WOULD BE IN VIOLATION OF SECTION 11-0535-D OF THIS CHAP-
 TER, ANY SEIZED PROPERTY UNDER THIS PARAGRAPH SHALL  BE  FORFEITED  AND,
 UPON FORFEITURE, DESTROYED.
   §  4. This act shall take effect one year after it shall have become a
 law.

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Senate Bill S2814

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Sponsored By

Luis R. Sepúlveda