What's happening
This bill prohibits importing, selling, or possessing parts or products of certain African wildlife species in New York, with limited exceptions.
Why it matters
Strengthens wildlife conservation. by targeting trade in parts or products from six specific, highly threatened African species—elephants, leopards, lions, black and white rhinos, and giraffes—thus addressing demand for trophies that fuels poaching and population decline.
Closes loopholes and regulates possession. by requiring certificates of possession for pre-existing items and setting strict conditions for museum and inheritance exceptions, making it harder for illegal items to enter the legal market under the guise of older or inherited property.
Increases legal consequences. by empowering law enforcement to seize and forfeit prohibited items, and setting criminal penalties (including potential imprisonment up to two years), which raises the stakes for would-be traffickers and signals the seriousness of the offense.
Impacts collectors, museums, and heirs. by imposing new documentation and transfer requirements, potentially affecting those who currently own or wish to acquire such items for personal or institutional collections, even if the items were obtained before the law’s enactment.
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
Senator · Senate District 32
2 Co-sponsors
History
- Print number 4325a
- Amend and recommit to environmental conservation
- Referred to environmental conservation
- Returned to senate
- Died in assembly
- Referred to environmental conservation
- Delivered to assembly
- Passed senateVote 48–14
- Ordered to third reading cal.1311
- Committee discharged and committed to rules
- 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.
Ban African Trophy Imports
In Assembly Committee · Environmental Conservation · Sponsor Linda Rosenthal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4325--A
2019-2020 Regular Sessions
IN SENATE
March 7, 2019
Introduced by Sens. SEPULVEDA, MARTINEZ, 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
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-d to read as follows: § 11-0535-d. 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); White Rhinoceros (Ceratotherium simum); and African Giraffe (giraffa camelopardalis).
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:
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;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01362-04-0
S. 4325--A 2
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 h to read as follows:
h. In the cases provided for in section 11-0535-d of this chapter:
(1) 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.
(2) 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.
(3) 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-d 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 or general idea of the bill
To amend the environmental conservation law, in relation to foreign game.
Summary of specific provisions
Section 1 of the bill amend section 11-1717 of the environmental conser- vation 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 specif- ically 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 trans- ported in violation of this section.
Read the full memo (860 words)
Section 1 also includes the following exemptions and defenses to these prohibitions, unless such activity is prohibited by federal law: 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 char- ter 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 specie s 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, white rhinos and giraffes-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 Afri- can 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 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 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.
Legislative history
2016. S.4686-A (Avella)/ A.10287 (Sepulveda) - Passed the Senate
Fiscal implications
None.
Effective date
This act shall take effect immediately 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.