STATE OF NEW YORK
________________________________________________________________________
971
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. KELLNER, KAVANAGH -- read once and referred to
the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to prohib-
iting the possession, transportation and sale of bushmeat
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The agriculture and markets law is amended by adding a new
2 article 5-E to read as follows:
3 ARTICLE 5-E
4 BUSHMEAT
5 Section 97. Possession of bushmeat prohibited.
6 § 97. Possession of bushmeat prohibited. 1. a. Notwithstanding any
7 other provision of this chapter or of the environmental conservation
8 law, the possession, importation, transportation, sale or taking of the
9 flesh, bones, skeleton, skull, blood, organs, other body parts or
10 carcass of any species defined in paragraph b of this subdivision is
11 prohibited.
12 b. Paragraph a of this subdivision shall apply to the following
13 species:
14 FamilyOrder/Common
15 ARTIODACTYLA
16 Bovidae
17 African buffaloSyncerus caffer
18 bohor reedbuckRedunca redunca
19 bongoBoocercus euryceros
20 bushbuckTragelaphus scriptus
21 Cape grysbokRaphicerus melanotis
22 common elandTragelaphus (Taurotragus)
23 dik dikMadoqua spp.
24 DuikerCephalophus spp.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02169-01-3
A. 971 4
1 bonoboPan paniscus
2 chimpanzeePan troglodytes I
3 Cross River gorillagorilla gorilla ssp. Diehli
4 Grauer's or eastern lowlandgorilla Gorilla beringei
5 graueri
6 mountain gorillagorilla beringei beringei I
7 western lowland gorillagorilla gorilla gorilla I
8 PROBOSCIDEA
9 Elephantidae
10 African elephantLoxodonta africana
11 RODTIA
12 Hystricidae
13 brush-tailed porcupineArtherurus africanus
14 Muridae
15 giant ratCricetomys emini
16 Pedetidae
17 springharePedetes capsis
18 Sciuridae
19 Ruwzori sun squirrel Helioschiurus ruwzorii
20 Thryonomyidae
21 greater cane rat (grasscutter) Thrionomys swinderianus
22 STRUTHIONEFORMES
23 Struthionidae
24 ostrichStruthio camelus
25 SQUAMATA
26 Boidae
27 rock python Python sehae
28 Varanidae
29 monitor lizard Varanus spp.
30 TESTUDINES
31 Testudinidae
32 forest tortoise Kynixis erosa Schweigger
33 c. The commissioner shall, by regulation, (i) establish a process for
34 exempting and tracking specimens of bushmeat acquired in the country of
35 origin pursuant to a lawfully conducted sport hunt; and (ii) receive
36 public comment on species that should be added to the provisions of
37 paragraph b of this subdivision.
38 2. Any officer or agent authorized by the commissioner or any police
39 officer, as defined in subdivision thirty-four of section 1.20 of the
40 criminal procedure law, shall have the authority to execute any warrant
41 to search for or seize any flesh, bones, skeletons, skulls, blood,
42 organs, other body parts or carcasses possessed, imported, transported,
43 sold or taken in violation of subdivision one of this section, or any
44 property or item used in connection with a violation of such subdivi-
45 sion; and such flesh, bones, skeletons, skulls, blood, organs, other
46 body parts and carcasses shall be held pending proceedings in any court
47 of proper jurisdiction. Upon conviction, or upon entry of a judgment
48 restraining any violation of subdivision one of this section, such
49 seized flesh, bones, skeletons, skulls, blood, organs, other body parts
50 or carcasses shall be forfeited and, upon forfeiture, shall be
51 destroyed.
52 3. The commissioner shall promulgate rules and regulations regarding
53 inspection of any flesh, bones, skeletons, skulls, blood, organs, and
54 other body parts or carcasses seized pursuant to subdivision two of this
55 section, including which employees of the department of agriculture and
56 markets shall be responsible for such inspections.
A. 971 5
1 4. The department shall have the authority to seek injunctive relief
2 in any court of proper jurisdiction to enjoin continued violation of
3 subdivision one of this section.
4 5. The provisions of subdivision one of this section shall not apply:
5 a. to any person holding a valid permit issued pursuant to the United
6 States Endangered Species Act or the Convention on International Trade
7 in Endangered Species of Wild Fauna and Flora; or
8 b. to any person certified by the commissioner as being in possession
9 for zoological, educational or scientific purposes, or pursuant to a
10 lawfully conducted sport hunt, and is not otherwise prohibited by any
11 state or federal law, rule or regulation.
12 6. If the violation was an act prohibited by subdivision one of this
13 section, or by any lawful rule or regulation of the department promul-
14 gated pursuant thereto, a civil penalty of not more than five hundred
15 dollars for the first conviction thereof; and a civil penalty of not
16 more than one thousand dollars for a second or subsequent conviction.
17 Each instance of violation shall constitute a separate offense.
18 § 2. Severability. If any clause, sentence, paragraph, section or part
19 of this act shall be adjudged by any court of competent jurisdiction to
20 be invalid and after exhaustion of all further judicial review, the
21 judgment shall not affect, impair or invalidate the remainder thereof,
22 but shall be confined in its operation to the clause, sentence, para-
23 graph, section or part of this act directly involved in the controversy
24 in which the judgment shall have been rendered.
25 § 3. This act shall take effect immediately.
