Relates to the prohibition of the sale of Tasmanian Forester Kangaroo

BILL NUMBER:A8559A

Title of bill

An act to amend the environmental conservation law, in relation to the sale of certain wild animals

Purpose

To continue the prohibition on the sale of the endangered Tasmanian Forester Kangaroo, including skin and body parts thereof, and to permit non endangered species to be sold.

Summary of provisions

Section 1 of the bill would modify the prohibi- tion on the sale of kangaroos and amend Environmental Conservation Law §11-0536 (1) to prohibit the sale of the endangered Tasmanian Forester Kangaroo (Macropus giganteus tasmaniensis).

Existing law

Environmental Conservation law § 11-0536 (1) currently prohibits the sale or offer for sale of wild animals or products from wild animals for listed species

State regulations (6 NYCRR 182.3) prohibits the taking, importation, transportation, possession or sale of any species of fish or wildlife, or part thereof, designated as endangered or threatened by the Secretary of the Interior or the Department of Environmental Conservation.

Justification

The Tasmanian Forester Kangaroo (Macropus giganteus tasmaniensis) is listed as an endangered kangaroo subspecies by the United States Department of the Interior's Fish and Wildlife Service pursuant to the Federal Endangered Species Act of 1973 (as amended 16 U.S.C. 1531 et seq.). The Tasmanian Forester Kangaroo was listed as endangered on June 4, 1973 due to over harvesting dating from the 1800s and habitat loss resulting from agricultural activity. Currently the sales prohibition applies to all kangaroos although no other subspecies of kangaroo are listed, or are candidates for listing, as endangered or threatened by the federal government.

While current New York statute prohibits the sale of kangaroo, state regulations prohibit the possession and sale of any species of fish and wildlife listed as endangered or threatened pursuant to the federal Endangered Species Act. As a result, there is an ambiguity in the law as to whether the prohibition on the sale or possession of Kangaroo applies to the entire species or is reasonably intended to protect only that subspecies designated for such protection - the endangered Tasmanian Forester Kangaroo.

This bill would resolve this ambiguity to make it clear that the sale or possession of the endangered Tasmanian Forester Kangaroo is prohibited and that the state's enforcement and regulatory resources should appro- priately be directed to its protection.

Legislative history

This is a new bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.