Prohibits the possession, sale, barter, offer, purchase, transportation, delivery, or receipt of bear gallbladder

9 Co-sponsors

• Tony Avella
• John A. DeFrancisco
• Patrick M. Gallivan
• Owen H. Johnson
• Liz Krueger
• George D. Maziarz
• Suzi Oppenheimer
• José M. Serrano
• Toby Ann Stavisky

BILL NUMBER:S3858B

Title of bill

An act to amend the environmental conservation law, in relation to prohibiting the possession or sale of bear gallbladder

Purpose or general idea of bill

The purpose of this legislation is to restrict and closely regulate the trade of bear gallbladders and bile, which are often taken from bears killed strictly for those parts, while not impacting legal hunting rights or the ability of the New York Department of Environmental Conservation to possess or receive gallbladders or bile for law enforcement purposes.

Summary of specific provisions

This act amends subdivision 9 of section 11-0917 of the environmental conservation law; paragraph b as added by chapter 491 of the laws of 1984, paragraph c as added and paragraphs d and e as relettered by chapter 182 of the laws of 1993 and paragraph f as amended by chapter 432 of the laws of 1997.

Justification

Throughout New York, carcasses of American black bear cubs and adults have been discovered, illegally killed for their gallbladders and bile. New York is one of only five states that currently place no restrictions on the trade in bear gallbladders and bile. This loophole significantly complicates law enforcement, encourages poaching, and puts bears everywhere at risk. Once a gallbladder is removed, it is difficult to prove where the bear was killed. If caught in a state that prohibits trade in bear gallbladder or bile, poachers avoid prosecution by claiming the gallbladder or bile came from a state such as New York that currently allows unhindered trade. Trade in bear gallbladders and bile in New York puts fragile state bear populations at risk and can serve as a laundering hub for illegal wildlife contraband.

This legislation is narrowly crafted to solely restrict commerce in bear gallbladders and bile. It does not impact legal hunting rights, trade in bear parts other than gallbladder and bile, or the ability of the New York Department of Environmental Conservation to possess, transport, deliver, or receive gallbladders or bile for law enforcement purposes.

This legislation, also, will not conflict with traditional Asian medicinal practices. A report by the Chinese Association of Medicine and Philosophy stated that there are at least 54 herbal alternatives to bear bile in its various medicinal applications.

Prior legislative history

None.

Fiscal implications

Undetermined.

Effective date

This act shall take effect January first next succeeding the date on which this act shall become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.