Relates to a ban on the sale, purchase, trade, barter, and distribution of certain ivory articles

Summary of provisions

This bill would:

* prohibit the sale, offer for sale, purchase, trade, barter, or distribution other than to a legal beneficiary of an ivory article;

* authorize the Department of Environmental Conservation (DEC) to adopt rules and regulations, following a public hearing, to include any other animal parts containing ivory in the prohibitions provided that such parts are from animals classified as endangered or threatened;

* define "ivory article" to include worked or raw ivory from any species of elephant or mammoth or any ivory-containing animal designated by DEC;

* increase the penalties for the illegal commercialization of fish, shellfish, crustaceans, wildlife, or parts thereof;

* increase the penalties for violations of the endangered species provisions and for the illegal sale of ivory; and,

* require DEC to prepare a report, no later than January 1, 2020, outlining enforcement activities and recommendations regarding any necessary changes, including but not limited to the extension or repeal of the ivory prohibitions.

Justification

The Wildlife Conservation Society estimates that 96 elephants are killed each day in Africa, translating into one elephant death every fifteen minutes and a 76 percent population decline since 2002. A September report issued by The United Nations Office on Drugs and Crime estimates that as many as 60 percent of dead elephants in Africa were killed illegally, generating 154 metric tons of illegally-harvested ivory valued at more than $30 million dollars. The report also indicates that ivory poaching in recent years reflects the increased involvement of organized crime. As evidence, the report refers to the professional poaching gang that killed more than 200 elephants in Cameroon. In addition, Al Shabaab, a group which has been linked to Al Qaeda, and has been designated by the United States as a foreign terrorist organization and has been implicated in the recent attacks on a shopping mall in Kenya, is also mentioned in the report as being involved in ivory poaching.

The elephants are killed primarily for their ivory tusks which are used predominantly in carved art and jewelry. Ivory sales are regulated by a complex web of international, federal and state laws and treaties. In New York, ivory sales are regulated pursuant to Environmental Conservation Law § 11-0535 which is based in part on the inclusion of elephants on the federal endangered species list in the 1970's. Despite the existing legal protections, New York has become one of the leading destinations in the United States for illegal ivory. In 2012, the New York State Department of Environmental Conservation, in conjunction with the United States Fish and Wildlife Service, seized more than $2 million worth of elephant ivory in New York City.

This legislation is in response to testimony provided at art Assembly Environmental Conservation hearing held in January to examine New York's ivory laws and regulations. At the hearing, representatives from the nations of Tanzania and Botswana expressed support for an ivory sales ban, citing their efforts to decrease poaching in the face of increased demand for ivory. Ambassador and Permanent Representative of the United Republic of Tanzania to the United Nations testified "Efforts such as those being expended by this Committee and the State Assembly are important and necessary in our global effort to save the African elephant population from extinction. The scale of the problem is such that the President of the United Republic of Tanzania, H.E. Jakaya Mrisho Kikwete, in September 2013, at the United Nations, here in. the city, called for the international community to close down ivory markets."

The Ambassador also cited the link between terrorism and illegal ivory sales, citing the murder of park rangers and also saying "Wildlife trafficking is increasingly associated with rebel and terrorist groups such as the Lord's Resistance Army (LRA) and Al Shabaab, an Al Qaeda terrorist cell in East Africa." He went on to add that President Kikwete "regrettably noted that elephants have become the latest conflict resource."

Law enforcement officers, including representatives from the United States Fish and Wildlife Service testified about the difficulties, and in some cases, the impossibility, associated with determining the age and origin of ivory products. This testimony made clear that an imposition of a specific year or antique provision would be virtually impossible to impose with accuracy. In addition, DEC law enforcement officials testified about the flaws in the existing penalty provisions regarding illegal ivory sales, expressing the need for stricter penalties. As a result, this bill includes significantly stronger penalties aimed at addressing large scale ivory sales.

Prior legislative history

New.

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect immediately; provided, however, any person who has been issued a license or permit allowing the sale of elephant ivory articles prior to the effective date of this act may sell such articles listed on such license or permit until such license or permit has expired.