What's happening
This bill prohibits possession and transport of endangered or certain African animal species at Port Authority airports and ports in New York and New Jersey.
Why it matters
Targets illegal wildlife trafficking. by closing a key transit loophole at major ports and airports, potentially disrupting international smuggling routes for endangered and vulnerable species, including the so-called "big five" African animals often targeted by poachers.
Imposes strong criminal penalties. (class E felony, up to 18 months in prison, and $100,000 fine) to deter individuals and businesses from using New York and New Jersey's Port Authority facilities for importing, exporting, or possessing prohibited animal species or their parts.
Empowers local enforcement. by granting Port Authority agents and police officers explicit authority to search, seize, and apply for warrants related to violations, making interdiction at the ports more feasible and proactive.
Includes limited exceptions. for educational and scientific purposes (museums, zoos) and grandfathering in legally possessed specimens, balancing conservation goals with legitimate institutional needs and existing lawful ownership.
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Who cares
Headline styles
Ban Trafficking Endangered Animal Parts
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to corporations, authorities and commissions
- Referred to corporations, authorities and commissions
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Wildlife Parts at Airports
In Assembly Committee · Corporations, Authorities And Commissions · Sponsor Linda Rosenthal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
120
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions
AN ACT prohibiting the possession and transport of certain animals and body parts thereof at airports and port facilities owned or operated by the Port Authority of New York and New Jersey
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. a. As used in this section:
(1) "Big five African species" means the African elephant, Loxodonta africana; African leopard, Panthera pardus; African lion, Panthera leo; black rhinoceros, Diceros bicornis; and white rhinoceros, Ceratotherium simum.
(2) "Priority species" means any species or subspecies of wildlife that: appears on the list of wildlife determined to be endangered by the commissioner of the department of environmental conservation pursuant to 6 NYCRR §182.5(a); appears on any federal list of endangered or threatened species, or has been proposed to be included on any such list; or is a big five African species. "Priority species" shall include the whole animal or any part, product, egg, or offspring of such species, or the dead body or parts thereof, excluding fossils, whether or not included in a manufactured product or in a food product.
b. Notwithstanding the provisions of any other law to the contrary, priority species shall not be imported, exported, shipped, received, possessed, processed, sold, offered for sale, or transported by any individual, firm, corporation, association, or partnership at any airport or port facility owned or operated by the Port Authority of New York and New Jersey.
c. Any Port Authority agent or Port Authority police officer shall have authority to enforce the prohibition in subdivision b of this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05122-01-7
S. 120 2
section and, where necessary, to apply for and execute any warrant to search for and seize any priority species and any property or item used in connection with a violation of subdivision b of this section.
d. Unless the activity is prohibited by federal law, the following exceptions and defenses shall apply to the prohibition in subdivision b of this section:
(1) the priority species was lawfully located or possessed within the state of New York or the state of New Jersey prior to the effective date of this act; or
(2) the priority species is to be made part of a temporary or permanent collection at a museum or zoo, or similar educational or research facility, provided that the priority species is not thereafter sold, offered for sale, traded, bartered, or distributed to any private party.
e. (1) Any priority species and any property or item used in connection with a violation of subdivision b of this section shall be held pending criminal proceedings in any court of proper jurisdiction.
(2) A person who violates subdivision b of this section shall be guilty of a class E felony and, notwithstanding the provisions of sections 70.00 and 80.00 of the penal law of the state of New York to the contrary, shall be subject to imprisonment not to exceed 18 months and a fine of up to $100,000.
(3) Upon conviction, or upon the entry of a judgment restraining a person from any activity that is or would be in violation of subdivision b of this section, any seized property shall be forfeited, and upon forfeiture, disposed of in a manner consistent with the best interest of the public as determined by the court.
(4) Any penalty imposed pursuant to this section shall be in addition to any applicable penalty that may be imposed for a violation of article 11 of the environmental conservation law, 6 NYCRR Chapter 1, and any other applicable law, rule or regulation to the contrary.
§ 2. This act shall take effect upon the enactment into law by the state of New Jersey of legislation having an identical effect with this act, but if the state of New Jersey shall have already enacted such legislation, then it shall take effect immediately; and provided that the waterfront commission shall notify the legislative bill drafting commission upon the occurrence of the enactment of the legislation provided for in section one of this act in order that the commission may maintain an accurate and timely effective data base of the official text of laws of the state of New York in furtherance of effecting the provisions of section 44 of the legislative law and section 70-b of the public officers law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act prohibiting the possession and transport of certain animals and body parts thereof at airports and port facilities owned or operated by the Port Authority of New York and New Jersey
Purpose
To prohibit the possession and transport of certain animals and body parts thereof at airports and port facilities owned or operated by the Port Authority of New York and New Jersey.
Summary of provisions
Section one sets forth the definition section and creates a new section of law that prohibits the importation of priority species into facilities owned and/or operated by the Port Authority of New York and New Jersey and subjects violators to criminal and financial sanctions.
Section two sets forth the effective date.
Justification
This new section of law would prevent the importation of certain animal species into the state of New York and New Jersey. The world was gripped by the brutal killing of Cecil, a rare African lion, in Zimbabwe in early July 2015. Palmer, a hunting enthusiast who is accused of illegally killing Cecil, is just one example of how big-game hunting and poaching disturb the balance of wildlife within their natural habitats.
Animals living on any kind of property in any country should have the right to be protected from threats of death and abuse. Though New York cannot prevent certain animals and big game hunting, we can help to diminish the profit margin by making it illegal to transport big game parts into New York and New Jersey.
This bill seeks to greatly reduce the trade and sale of a whole animal or any part, product, egg, or offspring of such species, or the dead body parts thereof in order to protect animals from abusive practices. By preventing importation here, we deprive poachers and other big game hunters of access to a robust market for the parts. This legislation will create a disincentive for those who hunt with the goal of selling in the United States.
Prior legislative history
S.6072 of 2015-2016 (Hoylman): Died in Rules (2015)/Died in Corporations, Authorities, & Commissions (2016) A.8394 of 2015-2016 (Rosenthal): Died in Corporations, Authorities, & Commissions
Fiscal implications
Undetermined.
Effective date
The act shall take effect upon the enactment into law by the state of New Jersey of legislation having an identical effect with this act, but if the state of New Jersey shall have already enacted such legislation, then it shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.