STATE OF NEW YORK
________________________________________________________________________
3731--B
2011-2012 Regular Sessions
IN ASSEMBLY
January 26, 2011
___________
Introduced by M. of A. KELLNER, KAVANAGH -- read once and referred to
the Committee on Environmental Conservation -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- again reported from said committee with amendments,
ordered reprinted as amended and recommitted to said committee
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)
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07336-06-1
A. 3731--B 4
1 pottoPerodictus potto
2 Pongidae
3 bonoboPan paniscus
4 chimpanzeePan troglodytes I
5 Cross River gorillagorilla gorilla ssp. Diehli
6 Grauer's or eastern lowlandgorilla Gorilla beringei
7 graueri
8 mountain gorillagorilla beringei beringei I
9 western lowland gorillagorilla gorilla gorilla I
10 PROBOSCIDEA
11 Elephantidae
12 African elephantLoxodonta africana
13 RODTIA
14 Hystricidae
15 brush-tailed porcupineArtherurus africanus
16 Muridae
17 giant ratCricetomys emini
18 Pedetidae
19 springharePedetes capsis
20 Sciuridae
21 Ruwzori sun squirrel Helioschiurus ruwzorii
22 Thryonomyidae
23 greater cane rat (grasscutter) Thrionomys swinderianus
24 STRUTHIONEFORMES
25 Struthionidae
26 ostrichStruthio camelus
27 SQUAMATA
28 Boidae
29 rock python Python sehae
30 Varanidae
31 monitor lizard Varanus spp.
32 TESTUDINES
33 Testudinidae
34 forest tortoise Kynixis erosa Schweigger
35 c. The commissioner shall, by regulation, (i) establish a process for
36 exempting and tracking specimens of bushmeat acquired in the country of
37 origin pursuant to a lawfully conducted sport hunt; and (ii) receive
38 public comment on species that should be added to the provisions of
39 paragraph b of this subdivision.
40 2. Any officer or agent authorized by the commissioner or any police
41 officer, as defined in subdivision thirty-four of section 1.20 of the
42 criminal procedure law, shall have the authority to execute any warrant
43 to search for or seize any flesh, bones, skeletons, skulls, blood,
44 organs, other body parts or carcasses possessed, imported, transported,
45 sold or taken in violation of subdivision one of this section, or any
46 property or item used in connection with a violation of such subdivi-
47 sion; and such flesh, bones, skeletons, skulls, blood, organs, other
48 body parts and carcasses shall be held pending proceedings in any court
49 of proper jurisdiction. Upon conviction, or upon entry of a judgment
50 restraining any violation of subdivision one of this section, such
51 seized flesh, bones, skeletons, skulls, blood, organs, other body parts
52 or carcasses shall be forfeited and, upon forfeiture, shall be
53 destroyed.
54 3. The commissioner shall promulgate rules and regulations regarding
55 inspection of any flesh, bones, skeletons, skulls, blood, organs, and
56 other body parts or carcasses seized pursuant to subdivision two of this
A. 3731--B 5
1 section, including which employees of the department of agriculture and
2 markets shall be responsible for such inspections.
3 4. The department shall have the authority to seek injunctive relief
4 in any court of proper jurisdiction to enjoin continued violation of
5 subdivision one of this section.
6 5. The provisions of subdivision one of this section shall not apply:
7 a. to any person holding a valid permit issued pursuant to the United
8 States Endangered Species Act or the Convention on International Trade
9 in Endangered Species of Wild Fauna and Flora; or
10 b. to any person certified by the commissioner as being in possession
11 for zoological, educational or scientific purposes, or pursuant to a
12 lawfully conducted sport hunt, and is not otherwise prohibited by any
13 state or federal law, rule or regulation.
14 6. If the violation was an act prohibited by subdivision one of this
15 section, or by any lawful rule or regulation of the department promul-
16 gated pursuant thereto, a civil penalty of not more than five hundred
17 dollars for the first conviction thereof; and a civil penalty of not
18 more than one thousand dollars for a second or subsequent conviction.
19 Each instance of violation shall constitute a separate offense.
20 § 2. Severability. If any clause, sentence, paragraph, section or part
21 of this act shall be adjudged by any court of competent jurisdiction to
22 be invalid and after exhaustion of all further judicial review, the
23 judgment shall not affect, impair or invalidate the remainder thereof,
24 but shall be confined in its operation to the clause, sentence, para-
25 graph, section or part of this act directly involved in the controversy
26 in which the judgment shall have been rendered.
27 § 3. This act shall take effect immediately.
