What's happening
This bill prohibits the import, sale, and possession of African elephant, leopard, lion, and rhinoceros trophies in New York, with limited exceptions.
Why it matters
Significantly limits legal avenues for trophy possession or trade. The bill only allows exceptions for items already in New York before the law takes effect (with proper certification), museum collections, or inheritance by legal heirs—meaning almost all future trophy imports and sales are effectively banned.
Creates new enforcement powers and penalties. Law enforcement (including state and local police) will be able to seize and hold trophies, and upon conviction, these items will be forfeited—either destroyed or given to scientific/educational institutions. Violators face criminal charges, with potential imprisonment of up to two years.
Targets both commercial and personal activities. The legislation prohibits not just commercial import or sale, but also personal possession, distribution, and transport of trophies, closing loopholes for private collectors and traders.
Seeks to address wildlife conservation and trafficking. By banning the trade and possession of parts from high-profile, threatened African species, the bill aims to reduce demand for these trophies, contributing to global efforts to protect endangered wildlife from poaching and trafficking.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Ban African Trophy Imports
Plain English, a few words. Used as the page title.
Sponsors
History
- Print number 1883b
- Amend (t) and recommit to environmental conservation
- Print number 1883a
- Amend (t) and recommit to environmental conservation
- Referred to environmental conservation
- Referred to environmental conservation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1883--B
2017-2018 Regular Sessions
IN SENATE
January 11, 2017
Introduced by Sens. AVELLA, ADDABBO, BOYLE, HAMILTON, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- recommitted to the Committee on Environmental Conservation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the environmental conservation law, in relation to enacting the "Big Five African Trophies Act" relating to foreign game
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "Big Five African Trophies Act".
§ 2. Title 5 of Article 11 of the environmental conservation law is amended by adding a new section 11-0535-b to read as follows: § 11-0535-b. Big five African trophies act.
1. Notwithstanding any other provision of law, no individual, firm, corporation, association, or partnership shall import, export, transport, process, sell, offer for sale, purchase, trade, barter, distribute or possess any part or product of the skin or body, whether raw or manufactured, of the following animal species: African Elephant (Loxodonta Africana); African Leopard (Panthera pardus); African Lion (Panthera leo); Black Rhinoceros (Diceros bicornis); and White Rhinoceros (Ceratotherium simum).
2. Unless such activity is prohibited by federal law, paragraph e of subdivision six of section 11-0103 of this article, or sections 11-0512, 11-0535-a, or 11-0536 of this title, the following exceptions and defenses apply to the prohibitions of subdivision one of this section:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01045-09-8
S. 1883--B 2
a. the part or product was located or possessed within the state of 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;
b. the part or product 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 to a museum authorized by a special charter from the legislature of this state, provided that the article is not thereafter sold, offered for sale, traded, bartered or distributed to any private party; or
c. the part or product 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; provided further 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; provided further that the beneficiary or heir obtain a certificate of possession from the secretary of state within one hundred eighty days of obtaining the article.
3. Any officer or agent authorized by the commissioner, or any police officer of the state of New York, or any police officer of any municipality within the state of New York, shall have authority to execute any warrant to search for and seize any parts or products in violation of this section, as defined in subdivision one of this section, or any property or item used in connection with a violation of this section; such parts or products shall be held pending proceedings in any court of proper jurisdiction. Upon conviction, or upon the entry of a judgment restraining the import, export, transport, process, sale, offer for sale, purchase, trade, barter, distribution or possession of any such part or product on the ground that such parts or products are in violation of this section, such parts or products shall be forfeited and, upon forfeiture, either offered to a recognized institution for scientific or educational purposes, or destroyed.
§ 3. Subdivision 1 of section 71-0919 of the environmental conservation law is amended by adding a new paragraph g to read as follows:
g. In the cases provided for in section 11-0535-b 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 for violation of this section 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, possessing, 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 11-0535-b of this chapter, any seized property under this paragraph shall be forfeited and, upon forfeiture, destroyed.
§ 4. This act shall take effect one year after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to enacting the "Big Five African Trophies Act" relating to foreign game
Purpose
An act to amend the environmental conservation law, in relation to foreign game.
Summary of provisions
Section 1 of the bill states that the act shall be known as the "Big Five African Trophies Act."
Read the full memo (658 words)
Section 2 of this bill amends Title 5 of Article 11 of the environmental conservation law by adding new section 11-0535-b, which would specif- ically prohibits the import, export, process, purchase, trade, barter, distribution, sale or transportation of any of the "big five African species" and give any law enforcement officer authority to enforce this prohibition and upon conviction or other legal circumstances such prohibited items would be forfeited. Further, the section creates exceptions for products already in New York before this act is effec- tive, is part of a museum, or is directly distributed to a legal benefi- ciary of a trust or legal heir.
Section 3 of this bill amends Subdivision 1 of section 71-0919 of the environmental conservation law by adding 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 4 sets forth the 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 spor- thunting 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 Amer- icans, and the trophies are import into or through the state of New York, The country has since seen a marked rise in illegal rhino poach- ing, with the World Wildlife Fund reporting that rhino poaching has increased 5,000% since 2007.
Accordingly, by banning the importation, possession, sale and transpor- tation 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 traf- ficking caused by the legalization of hunting and capture of the Big Five African Species in some African countries.
Legislative history
S.4686-A (Ave11a)/ A.10287 (Sepulveda) - Passed the Senate
Fiscal implications
None.
Effective date
This act shall take effect one year after it shall have become a law
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.