What's happening
This bill designates certain wildlife species, including giraffes, as "vulnerable," prohibiting the sale of products made from them except by permit.
Why it matters
Targets trade-driven population declines. By defining "vulnerable species" based on scientific criteria (such as population decline, range, and extinction risk), the bill addresses species at risk specifically due to exploitation for trade, even if they are not yet classified as endangered.
Closes protection gaps. The legislation covers species not already protected as "endangered" or "threatened" under federal law, filling a loophole where at-risk animals like giraffes could still be legally traded in New York.
Restricts commercial use but allows exceptions. While generally prohibiting the sale or possession (with intent to sell) of products from vulnerable species, the bill allows for limited exceptions—such as bona fide antiques over 100 years old and items used for education, science, or museums, provided they are not resold to private parties.
Creates strong enforcement and deterrence. The bill imposes potentially significant financial penalties (up to twice or three times the value of the item for repeat offenders), and requires the Department of Environmental Conservation to publish and maintain a list of vulnerable species, promoting public awareness and regulatory transparency.
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Who cares
Headline styles
Protect Vulnerable Animal Species
Plain English, a few words. Used as the page title.
Sponsors
History
- Approval memo.42
- Signed chap.651
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.209
- Substituted for A6600
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 48–14
- Ordered to third reading cal.489
- Committee discharged and committed to rules
Show 1 earlier action
- 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
Assembly Floor Calendar · Sponsor Steven Englebright
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5098
2019-2020 Regular Sessions
IN SENATE
April 9, 2019
Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when printed to be committed 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
(iv) other factors that may cause the species to go extinct if they are not identified and reversed;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10508-01-9
S. 5098 2
(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.
§ 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.
Sponsor's memo
Title of bill
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
Purpose or general idea of bill
The purpose of this bill is to provide additional protections to vulner- able species of wildlife.
Summary of provisions
The bill:
Read the full memo (604 words)
* provides that the Department of Environmental Conservation (DEC) may designate species as vulnerable species if they meet the following criteria: o on the basis of credible scientific evidence, the species is subject to population loss, loss of range, risk of extinction, or other factors that may cause the species to go extinct; o the species is known to be in trade in New York state; o the species is not protected as an endangered or threatened species on the federal level; and o the species is not protected under the federal Marine Mammal Protection Act;
* prohibits 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, except under license or permit from the department;
* allows the DEC to issue licenses or permits for the sale or possession with intent to sell of any article made from the skin, hide, or other parts of a vulnerable species, provided that: o the article is part of a bona fide antique; or o the article is for bona fide educational or scientific purposes, or to be made part of a museum, provided that the article is not thereafter sold to any private party;
* requires DEC to maintain a list of vulnerable species and to post such list on the Department's website;
* provides that a species shall not be a vulnerable species if it is protected by any other provision of the Environmental Conservation Law, or if its taking is regulated by DEC pursuant to permit or license;
* adds a new subdivision 17 to § 71-0925 of the Environmental Conserva- tion Law to provide a civil penalty for violations of § 11-0535-b;
* requires DEC, within 180 days of enactment, to promulgate regulations that, at a minimum, designate giraffes as a vulnerable species;
* requires DEC, no later than January 1, 2021, to prepare a report outlining enforcement activities and recommendations regarding any necessary changes.
Justification
In August of 2012, a report was issued that detailed the extent of the giraffe trade in the United States. The report indicated that this trade was having a negative effect on the giraffe population, which has declined by 4096 since about 1990. Despite attempts to list the giraffe as endangered under the federal Endangered Species Act, giraffes are not protected by any federal or state laws, and trade in their parts is legal. This bill gives the DEC commissioner the ability to protect species such as the giraffe by designating them as vulnerable species and prohibiting the sale of any article made in whole or in part of the skin, hide, or other parts of the species. This will provide an interme- diate step prior to endangered species designation, and allow the state to protect those species that do not currently enjoy protections on the state or federal level, but are at risk for such a listing, or even worse, extinction due to trade.
Prior legislative history
This is a new bill.
Fiscal implications for state and local governments
Undetermined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.