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This entry was published on 2014-09-22
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SECTION 11-0536
Sale of certain wild animals or wild animal products prohibited
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 11, TITLE 5
§ 11-0536. Sale of certain wild animals or wild animal products

prohibited.

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 or offered for sale by any
individual, 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 vicugna), 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).

2. The commissioner may permit, under such terms and conditions as he
may prescribe, the importation and sale of the skin, body or parts
therefrom of Alligators, Caiman or Crocodile of the Order Crocodylia.

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
municipality within the state of New York, shall have authority to
execute any warrant to search for and seize any goods, merchandise or
wildlife sold or offered for sale in violation of this section, or any
property or item used in connection with a violation of this section;
such goods, merchandise, wildlife or property shall be held pending
proceedings in any court of proper jurisdiction. Upon conviction, or
upon the entry of a judgment restraining the sale or offer for sale of
such goods, merchandise or wildlife on the ground that such items were
sold or offered for sale in violation of this section, such seized
goods, merchandise or wildlife shall be forfeited and, upon forfeiture,
either offered to a recognized institution for scientific or educational
purposes, or destroyed.

4. The commissioner may permit, under such terms and conditions as he
may prescribe, the importation, transportation, possession or sale of
any species or subspecies of fish or wildlife listed in this section for
zoological, educational, and scientific purposes, and for the
propagation of such fish or wildlife in captivity for preservation
purposes, unless such importation, transportation, possession or sale is
prohibited by any federal law or regulation.