What's happening
This bill designates certain wildlife, including giraffes, as vulnerable species and prohibits the sale of products made from them.
Why it matters
Establishes a formal process and scientific criteria. for designating “vulnerable species”—including population decline, limited range, and extinction risk—ensuring that only scientifically justified cases are protected under this law.
Prohibits the sale and possession with intent to sell. of items made from vulnerable species unless specifically licensed, aiming to cut off market demand and reduce incentives for poaching or illegal trade.
Includes limited exceptions. for bona fide antiques (over 100 years old) and items used for educational, scientific, or museum purposes, balancing conservation goals with historical and cultural interests.
Mandates regular updates and public transparency. through a publicly posted list of designated species and requires a departmental report on enforcement and possible improvements, promoting accountability and adaptability in protecting vulnerable wildlife.
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Who cares
Headline styles
Protect Vulnerable Animal Species
Plain English, a few words. Used as the page title.
Sponsors
16 Co-sponsors
2 Multi-sponsors
History
- Substituted by S5098
- Advanced to third reading cal.209
- Reported
- Reported referred to ways and means
- Reported referred to codes
- Referred to environmental conservation
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.
Protect Vulnerable Animal Species
Signed by Governor · Sponsor Monica Martinez
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6600
2019-2020 Regular Sessions
IN ASSEMBLY
March 13, 2019
Introduced by M. of A. ENGLEBRIGHT, GOTTFRIED, FAHY, D'URSO, ORTIZ, SIMON, ZEBROWSKI, WEPRIN, GLICK, LIFTON -- Multi-Sponsored by -- M. of A. LUPARDO -- read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to designating certain species as vulnerable species and prohibiting the sale of articles made from such vulnerable species; and to require the department of environmental conservation to designate the giraffe as a vulnerable species
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The environmental conservation law is amended by adding a new section 11-0535-b to read as follows: § 11-0535-b. Vulnerable species.
1. As used in this section, "vulnerable species" shall mean any species of wildlife designated by the department, by regulation filed with the secretary of state, which meet the following criteria:
(a) On the basis of credible scientific evidence, which may include information contained on the international union for conservation of nature and natural resources red list of threatened species, or other similar data:
(i) the species has an observed, estimated, inferred, projected or suspected population size reduction of thirty percent or more over the last ten years or three generations, whichever is longer; or
(ii) the geographic range of the species is less than eight thousand square miles and the area of occupancy is less than eight hundred square miles, and the species' habitat is severely fragmented or the species is found in fewer than ten locations; or
(iii) there are less than ten thousand mature individuals and the risk of extinction of the species within one hundred years is more than ten percent; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10508-01-9
A. 6600 2
(iv) other factors that may cause the species to go extinct if they are not identified and reversed;
(b) The species is known to be in trade in this state;
(c) The species is not protected as an endangered or threatened species by the secretary of the interior; and
(d) The species is not protected under the Marine Mammal Protection Act.
2. Except as otherwise provided in subdivision three of this section, no person shall sell, or possess with the intent to sell, any article made in whole or in part from the skin, hide, or other parts of any vulnerable species, except under license or permit from the department.
3. The commissioner may issue licenses or permits for the sale or possession with intent to sell of any article made in whole or in part from the skin, hide, or other parts of any vulnerable species, provided that:
(a) the article is part of a bona fide antique and the antique status of such antique is established by the owner or seller thereof with historical documentation evidencing provenance and showing the antique to be not less than one hundred years old; or
(b) the article is for bona fide educational or scientific purposes, or 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 to any private party.
4. The department shall maintain a list of vulnerable species identified pursuant to this section and post such list on the department's website.
5. Species shall not be designated as a vulnerable species for the purposes of this section if:
(a) the species is protected pursuant to any other provision of this chapter; or
(b) the taking of the species is regulated by the department pursuant to permit or license.
§ 2. Section 71-0925 of the environmental conservation law is amended by adding a new subdivision 17 to read as follows:
17. If the violation was an act prohibited by section 11-0535-b of this chapter, not more than one thousand dollars or not more than two times the value of the article involved, whichever is greater. If the violation is a second or subsequent violation of such section 11-0535-b, not more than two thousand dollars or not more than three times the value of the article involved, whichever is greater.
§ 3. Within 180 days of the effective date of this act, the department of environmental conservation shall promulgate regulations that, at a minimum, designate giraffes (Giraffa Camelopardalis) as a vulnerable species pursuant to section 11-0535-b of the environmental conservation law.
§ 4. Severability. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid and after exhaustion of all further judicial review, the judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part of this act directly involved in the controversy in which the judgment shall have been rendered.
A. 6600 3
§ 5. No later than January 1, 2021, the department of environmental conservation shall prepare a report outlining enforcement activities and recommendations regarding any necessary changes.
§ 6. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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