Enacts "Cecil's law" relating to banning the importation, transportation and possession of certain African wildlife species and products

Summary of provisions

Section 1 of the bill amend section 11-1717 of the environmental conservation law, subdivision 2 as amended by section 18 of part H of chapter 58 of the laws of 2012 by including in the definition of "foreign game" the "big five African species" and adding new provisions which specifically prohibits the import, possession, sale or transportation of any of the "big five African species" and give any law enforcement officer authority to enforce this prohibition and where necessary authority to execute any warrant to search for and seize "big five African species" that have been imported, possessed, sold, offered for sale or transported in violation of this section.

Section 1 also includes the following exemptions and defenses to these prohibitions, unless such activity is prohibited by federal law: a. the "big five African species" was located or possessed within New York prior to the effective date of this section and the legal owner has obtained a certificate of possession from the Secretary of State, or b. the "big five African species" is to be made part of a temporary or permanent collection of a museum chartered by the board of regents pursuant to the education law or a museum authorized by a special charter from the legislature, provided that the article is not thereafter sold, offered for sale, traded, bartered or distributed to any private party, or c. the "big five African species" is distributed directly to a legal beneficiary of a trust or to a legal heir provided the article was located or possessed by the decedent prior to the effective date of this section and that after transfer to the beneficiary or heir that the article is not thereafter sold, offered for sale, traded, bartered or distributed to any private party and that the beneficiary or heir obtain a certificate of possession from the secretary of state within 180 days of obtaining the article.

Section 2 of the bill amends subdivision 1 o section 71-0919 of the environmental conservation law by adding a new paragraph g stating "In the cases provided for in section 11-1717 of this chapter: (a) Any big five African species, property and/or item used in connection with a violation of this section shall be held pending criminal proceedings in any court of proper jurisdiction, (b) a defendant convicted of this offense shall be sentenced pursuant to paragraph (b) of subdivision one of section 55.10 of the penal law; provided, however, that any term of imprisonment imposed shall be a definite sentence, which may not exceed two years, (c) upon conviction, or upon the entry of a judgment restraining a defendant from importing, selling, offering for sale, or transporting any big five African species on the grounds that such activity is or would be in violation of section 11-1717 of this chapter, any seized property under this paragraph shall be forfeited and upon forfeiture, destroyed.

Section 3 sets forth an immediate effective date.

Justification

The continued importation, possession, sale and/or transportation of the so-called "Big Five African Species"-lions, leopards, elephants, black rhinos and white rhinos-is detrimental to the survival of these species. All of the Big Five African Species are threatened with extinction if the current rate of illegal poaching continues. Additionally, some African countries are considering (or have already) legalizing sport- hunting and exportation of Big Five African Species. Such countries have based the legalization on the faulty logic that legalizing hunting of Big Five African Species will decrease the illegal poaching and trade of these animals. Such logic is not only erroneous, but also detrimental to the survival of the Big Five African Species.

There is growing scientific evidence that legal trade of trophy-hunted species preserves and reinforces the illegal sourcing of the same. For example, South Africa, home to the second largest black rhino population in the world, received permission by the Convention on International Trade in Endangered Species of Wild Fauna and Flora to sell permits for trophy-hunted rhinos in 2004. Many of these hunts are purchased by Americans, and the trophies are import into or through the state of New York, The country has since seen a marked rise in illegal rhino poaching, with the World Wildlife Fund reporting that rhino poaching has increased 5,000% since 2007.

Accordingly, by banning the importation, possession, sale and transportation of all Big Five African Species within New York, the State will not be encouraging or abetting the continued demise of these species by sport-hunting. Only a complete ban can stem the tide of illegal trafficking caused by the legalization of hunting and capture of the Big Five African Species in some African countries.

Prior legislative history

This is a new bill.

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect immediately.