Prohibits the possession of endangered species and imposes civil penalties therefor

BILL NUMBER:S2649A

Title of bill

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

Purpose

Prohibits the possession of certain endangered species.

Summary of provisions

Section One -amends section 11-0538 of the environmental conservation law to state that the possession, importation, transportation, sale or taking of the flesh, bones, skeleton, skull, blood, organ, other body parts or carcass of any endangered species is prohibited.

Section One - states that 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, will have the authority to execute any warrant to search or seize any flesh, bones, skeletons, skulls, blood, organs, other body parts or carcasses possessed, imported, transported, sold, or taken in violation of subdivision one of this section. Upon conviction, or upon entry of a judgment restraining any violation of subdivision one of this section, the seized flesh, bones, skeletons, skulls, blood, organs, other body parts or carcasses will be forfeited and destroyed.

Section One - states that this will 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 conversation law 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, one thousand for the second conviction. Each instance of a violation will constitute a separate offense.

Section Three - states the severability of this legislation.

Section Four - states this act shall take effect immediately.

Justification

This legislation will ban the possession of certain endangered species. According to the organization Born Free, the killing of wild animals for their meat is known as the 'bushmeat trade'. In the past, bushmeat was largely a subsistence (hand to mouth) activity, and hunters took just enough to satisfy their families' needs. However, in recent years, it has become much more commercial. Increasing demand and profitability have meant bushmeat is supplied not only at the local level, but also for national and even international markets. To meet this growing demand, hunters are killing ever greater numbers of wildlife.

According to the organization Born Free, in Kenya, animals are hunted throughout the year and most are caught using indiscriminate snares. These snares are loops of wire which are set along the pathways that animals use to access feeding areas and water holes. As the animal walks along the pathway it may get its head or a limb caught in the snare. When the animal struggles, the wire snare tightens and the animal eventually dies a long and painful death.

According to the organization Born Free, much of this hunting is illegal and the bushmeat trade is now threatening the survival of many wild animals. Indeed, the bushmeat trade is now the single biggest threat facing many wild animal species in Africa.

Legislative history

05/02/12 - S.7362 Referred to Environmental Conservation 06/21/13 - S.2649-A Committed to Rules

Fiscal implications

To be determined.

Effective date

This act will take effect immediately.