Prohibits the possession of endangered chimpanzees and imposes civil penalties therefor

BILL NUMBER:S7362

Title of bill

An act to amend the environmental conservation law, in relation to prohibiting the possession, transportation and sale of endangered chimpanzees

Purpose

This legislation prohibits the possession of endangered chimpanzees and imposes civil penalties therefor.

Summary of provisions

Section One - amends the environmental conservation law by adding a new section 11-0538. This section prohibits possession of endangered chimpanzees as well as the importation, transportation, sale or taking of the flesh, bones, skeleton, skull, blood, organ, other body parts or carcass. Any officer or agent authorized by the commissioner or any police officer, as defined in subdivision thirty-four of section 1.20 of the criminal procedure law, shall have the authority to execute any warrant to search for or seize any property or item used in connection with a violation of such subdivision; and such flesh, bones, skeletons, skulls, blood, organs, other body parts and carcasses shall be held pending proceedings in any court of proper jurisdiction. Upon conviction, or upon entry of a judgment restraining any violation of subdivision one of this section, such body parts or carcasses shall be forfeited and, upon forfeiture, shall be destroyed. The department will also have the authority to seek injunctive relief in any court of proper jurisdiction to enjoin continued violation of subdivision one of this section.

Section One - states that the provisions of subdivision one of this section shall not apply to any person holding a valid permit issued pursuant to the United States Endangered Species Act or the Convention on International Trade in Endangered Species of Wild Fauna and Flora; or to any person certified by the commissioner as being in possession for zoological, educational or scientific purposes, and is not otherwise prohibited by any state or federal law, rule or regulation.

Section Two - amends section 71-0925 of the environmental conservation law by adding a new subdivision 15 to state that if the violation was an act prohibited by subdivision one of section 11-0538 of this chapter, or by any lawful rule or regulation of the department promulgated pursuant thereto, a civil penalty of not more than five hundred dollars for the first conviction thereof; and a civil penalty of not more than one thousand dollars for a second or subsequent conviction. Each instance of violation shall constitute a separate offense.

Section Four - states that this act shall take effect immediately.

Justification

This legislation prohibits the possession, transportation and sale of endangered chimpanzees and imposes civil penalties.

Legislative history

This is a new bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.