NY State Senate Bill 2017-S1883B

Senate Bill S1883B

2017-2018 Legislative Session

Enacts the "Big Five African Trophies Act" relating to banning the importation, transportation and possession of certain African wildlife species and products

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 28, 2018	print number 1883b
Mar 28, 2018	amend (t) and recommit to environmental conservation
Jan 29, 2018	print number 1883a
Jan 29, 2018	amend (t) and recommit to environmental conservation
Jan 03, 2018	referred to environmental conservation
Jan 11, 2017	referred to environmental conservation

Bill Amendments

Original

B (Active)

co-Sponsors

2017-S1883 - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 11 Title 5 §11-0535-b, amd §71-0919, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4686
2019-2020: S4325
2021-2022: S2814
2023-2024: S3302

2017-S1883 - Summary

Enacts the "Big Five African Trophies Act" relating to banning the importation, transportation and possession of certain African wildlife species and products.

2017-S1883 - Sponsor Memo

                                 BILL NUMBER:  S1883

 TITLE OF BILL :  An act to amend the environmental conservation law,
in relation to enacting "Cecil's law" relating to foreign game

 PURPOSE OR GENERAL IDEA OF BILL :

An act to amend the environmental conservation law, in relation to
foreign game

 SUMMARY OF PROVISIONS :

Section 1 of the bill amend section 11-1717 of the environmental
conservation 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 specifically 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 transported in violation of this section.

Section 1 also includes the following exemptions and defenses to these
prohibitions, unless such activity is prohibited by federal law: a.
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
charter 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 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 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 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 sporthunting 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 Americans, and the trophies are import into or through
the state of New York, The country has since seen a marked rise in
illegal rhino poaching, 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.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S1883 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1883
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sens. AVELLA, BOYLE, HAMILTON, LATIMER -- 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
   enacting "Cecil's law" relating to foreign game

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "Cecil's law".
   §  2.  Section 11-1717 of the environmental conservation law, subdivi-
 sion 2 as amended by section 18 of part H of chapter 58 of the  laws  of
 2012, is amended to read as follows:
 § 11-1717. Foreign game.
   1.  Foreign game means pheasants of all species, Scotch grouse, Norwe-
 gian ptarmigan, Norwegian white grouse, European  black  game,  European
 black   plover,  European  gray-legged  partridge,  European  red-legged
 partridge, Egyptian quail, tinamou and species or  subspecies  of  birds
 not  native  to  this  state,  and European red deer, fallow deer [and],
 roebuck, AND "BIG FIVE AFRICAN SPECIES". AS USED IN  THIS  SECTION,  THE
 TERM  "BIG  FIVE  AFRICAN  SPECIES" SHALL MEAN AN ORGANISM OF ANY OF THE
 FOLLOWING MEMBERS OF THE ANIMAL  KINGDOM:  AFRICAN  ELEPHANT  (LOXODONTA
 AFRICANA),  AFRICAN LION (PANTERA LEO), AFRICAN LEOPARD (PANTHERA PARDUS
 PARDUS), THE BLACK RHINOCEROS (DICEROS BICORNIS) AND THE  WHITE RHINOCE-
 ROS (CERATOTHERIUM SIMUM  COTTONI),  INCLUDING  ANY  PART,  PRODUCT,  OR
 OFFSPRING  THEREOF,  OR  THE  DEAD  BODY  OR  PARTS  THEREOF  (EXCLUDING
 FOSSILS), WHETHER OR NOT INCLUDED IN A MANUFACTURED PRODUCT OR IN A FOOD
 PRODUCT.
   2. The carcasses, or parts thereof,  of  foreign  game  imported  from
 outside the United States may be bought and sold.
   3.  A.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  TWO OF THIS
 SECTION, BIG FIVE AFRICAN SPECIES  SHALL  NOT  BE  IMPORTED,  POSSESSED,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01045-01-7

 S. 1883                             2
 
 SOLD,  OFFERED  FOR SALE, OR TRANSPORTED BY ANY INDIVIDUAL, FIRM, CORPO-
 RATION, ASSOCIATION, OR PARTNERSHIP WITHIN THE STATE OF NEW YORK.
   B.  ANY  LAW  ENFORCEMENT OFFICER SHALL HAVE AUTHORITY TO ENFORCE THIS
 PROHIBITION AND, WHERE NECESSARY, TO EXECUTE ANY WARRANT TO  SEARCH  FOR
 AND  SEIZE  BIG  FIVE AFRICAN SPECIES IMPORTED, POSSESSED, SOLD, OFFERED
 FOR SALE OR TRANSPORTED IN VIOLATION OF THIS SECTION. AS  USED  IN  THIS
 PARAGRAPH, THE TERM "LAW ENFORCEMENT OFFICER" MEANS 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,  OR ANY PORT AUTHORITY AGENT OR PORT AUTHORITY POLICE OFFICER
 IN THE STATE OF NEW YORK.
   4. UNLESS SUCH ACTIVITY IS PROHIBITED BY FEDERAL  LAW,  THE  FOLLOWING
 EXCEPTIONS  AND  DEFENSES APPLY TO THE PROHIBITIONS OF SUBDIVISION THREE
 OF THIS SECTION:
   A. THE BIG FIVE AFRICAN SPECIES WAS LOCATED OR  POSSESSED  WITHIN  THE
 STATE OF NEW YORK PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS
 OF TWO THOUSAND SEVENTEEN WHICH AMENDED 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 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  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 THE
 CHAPTER OF THE  LAWS  OF  TWO  THOUSAND  SEVENTEEN  WHICH  AMENDED  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 SECRE-
 TARY OF STATE WITHIN ONE HUNDRED EIGHTY DAYS OF OBTAINING THE ARTICLE.
   § 3. Subdivision 1 of section 71-0919 of the  environmental  conserva-
 tion law is amended by adding a new paragraph g to read as follows:
   G.  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  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 11-1717 OF THIS CHAPTER,
 ANY  SEIZED  PROPERTY  UNDER THIS PARAGRAPH SHALL BE FORFEITED AND, UPON
 FORFEITURE, DESTROYED.
   § 4. This act shall take effect immediately.

co-Sponsors

2017-S1883A - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 11 Title 5 §11-0535-b, amd §71-0919, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4686
2019-2020: S4325
2021-2022: S2814
2023-2024: S3302

2017-S1883A - Summary

Enacts the "Big Five African Trophies Act" relating to banning the importation, transportation and possession of certain African wildlife species and products.

2017-S1883A - Sponsor Memo

                                
 
BILL NUMBER: S1883A

SPONSOR: AVELLA
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to enacting the "African Big Five 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 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.

Section 1 also includes the following exemptions and defenses to these
prohibitions, unless such activity is prohibited by federal law: a.  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 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 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 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 (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

2017-S1883A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1883--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             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 Commit-
   tee 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 "African Big Five Act" relating to foreign game
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited  as  the  "African
 Big Five Act".
   §  2.  Section 11-1717 of the environmental conservation law, subdivi-
 sion 2 as amended by section 18 of part H of chapter 58 of the  laws  of
 2012, is amended to read as follows:
 § 11-1717. Foreign game.
   1.  Foreign game means pheasants of all species, Scotch grouse, Norwe-
 gian ptarmigan, Norwegian white grouse, European  black  game,  European
 black   plover,  European  gray-legged  partridge,  European  red-legged
 partridge, Egyptian quail, tinamou and species or  subspecies  of  birds
 not  native  to  this  state,  and European red deer, fallow deer [and],
 roebuck, AND "BIG FIVE AFRICAN SPECIES". AS USED IN  THIS  SECTION,  THE
 TERM  "BIG  FIVE  AFRICAN  SPECIES" SHALL MEAN AN ORGANISM OF ANY OF THE
 FOLLOWING MEMBERS OF THE ANIMAL  KINGDOM:  AFRICAN  ELEPHANT  (LOXODONTA
 AFRICANA),  AFRICAN LION (PANTERA LEO), AFRICAN LEOPARD (PANTHERA PARDUS
 PARDUS), THE BLACK RHINOCEROS (DICEROS BICORNIS) AND THE  WHITE RHINOCE-
 ROS (CERATOTHERIUM SIMUM  COTTONI),  INCLUDING  ANY  PART,  PRODUCT,  OR
 OFFSPRING  THEREOF,  OR  THE  DEAD  BODY  OR  PARTS  THEREOF  (EXCLUDING
 FOSSILS), WHETHER OR NOT INCLUDED IN A MANUFACTURED PRODUCT OR IN A FOOD
 PRODUCT.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01045-04-8

 S. 1883--A                          2
 
   2. The carcasses, or parts thereof,  of  foreign  game  imported  from
 outside the United States may be bought and sold.
   3.  A.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  TWO OF THIS
 SECTION, BIG FIVE AFRICAN SPECIES  SHALL  NOT  BE  IMPORTED,  POSSESSED,
 SOLD,  OFFERED  FOR SALE, OR TRANSPORTED BY ANY INDIVIDUAL, FIRM, CORPO-
 RATION, ASSOCIATION, OR PARTNERSHIP WITHIN THE STATE OF NEW YORK.
   B. ANY LAW ENFORCEMENT OFFICER SHALL HAVE AUTHORITY  TO  ENFORCE  THIS
 PROHIBITION  AND,  WHERE NECESSARY, TO EXECUTE ANY WARRANT TO SEARCH FOR
 AND SEIZE BIG FIVE AFRICAN SPECIES IMPORTED,  POSSESSED,  SOLD,  OFFERED
 FOR  SALE  OR  TRANSPORTED IN VIOLATION OF THIS SECTION. AS USED IN THIS
 PARAGRAPH, THE TERM "LAW ENFORCEMENT OFFICER" MEANS 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, OR ANY PORT AUTHORITY AGENT OR PORT AUTHORITY  POLICE  OFFICER
 IN THE STATE OF NEW YORK.
   4.  UNLESS  SUCH  ACTIVITY IS PROHIBITED BY FEDERAL LAW, THE FOLLOWING
 EXCEPTIONS AND DEFENSES APPLY TO THE PROHIBITIONS OF  SUBDIVISION  THREE
 OF THIS SECTION:
   A.  THE  BIG  FIVE AFRICAN SPECIES WAS LOCATED OR POSSESSED WITHIN THE
 STATE OF NEW YORK PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS
 OF TWO THOUSAND EIGHTEEN WHICH AMENDED 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 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  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 THE
 CHAPTER OF THE LAWS OF TWO THOUSAND EIGHTEEN WHICH AMENDED 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.  Subdivision 1 of section 71-0919 of the environmental conserva-
 tion law is amended by adding a new paragraph g to read as follows:
   G. 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 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 11-1717 OF THIS CHAPTER,
 ANY SEIZED PROPERTY UNDER THIS PARAGRAPH SHALL BE  FORFEITED  AND,  UPON
 FORFEITURE, DESTROYED.
   § 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2017-S1883B (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 11 Title 5 §11-0535-b, amd §71-0919, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4686
2019-2020: S4325
2021-2022: S2814
2023-2024: S3302

2017-S1883B (ACTIVE) - Summary

Enacts the "Big Five African Trophies Act" relating to banning the importation, transportation and possession of certain African wildlife species and products.

2017-S1883B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1883B

SPONSOR: AVELLA
 
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."

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

2017-S1883B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1883--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             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 Commit-
   tee 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 ASSEM-
 BLY, 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, TRANS-
 PORT, PROCESS, SELL, OFFER FOR SALE, PURCHASE, TRADE, BARTER, DISTRIBUTE
 OR POSSESS ANY PART OR PRODUCT OF THE SKIN OR BODY, WHETHER RAW OR MANU-
 FACTURED, OF THE FOLLOWING ANIMAL SPECIES: AFRICAN  ELEPHANT  (LOXODONTA
 AFRICANA);  AFRICAN  LEOPARD  (PANTHERA  PARDUS); AFRICAN LION (PANTHERA
 LEO); BLACK RHINOCEROS (DICEROS BICORNIS); AND WHITE  RHINOCEROS  (CERA-
 TOTHERIUM 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  MUNICI-
 PALITY 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  conserva-
 tion 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 CRIMI-
 NAL 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  CHAP-
 TER,  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.

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Senate Bill S1883B

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

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2017-S1883 - Details

2017-S1883 - Summary

2017-S1883 - Sponsor Memo

2017-S1883 - Bill Text download pdf

co-Sponsors

2017-S1883A - Details

2017-S1883A - Summary

2017-S1883A - Sponsor Memo

2017-S1883A - Bill Text download pdf

co-Sponsors

2017-S1883B (ACTIVE) - Details

2017-S1883B (ACTIVE) - Summary

2017-S1883B (ACTIVE) - Sponsor Memo

2017-S1883B (ACTIVE) - Bill Text download pdf

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