S03858 Summary:

Amd SS11-0917, 11-0911, 11-1733 & 71-0921, En Con L
Prohibits the possession, sale, barter, offer, purchase, transportation, delivery, or receipt of bear gallbladder, bile, or any product, item, or substance containing, or labeled or advertised as containing, bear gallbladders or bile; exempts federal and state government and individuals with a valid hunting license from transporting one bear gallbladder.
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S03858 Actions:

05/23/2011PRINT NUMBER 3858A
06/07/20111ST REPORT CAL.1036
06/13/2011AMENDED 3858B
06/13/20112ND REPORT CAL.
06/17/2011referred to codes
06/17/2011substituted for a6291a
06/17/2011ordered to third reading rules cal.401
06/20/2011passed assembly
06/20/2011returned to senate
08/17/2011SIGNED CHAP.468
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S03858 Text:

                STATE OF NEW YORK
            Cal. No. 1036
                               2011-2012 Regular Sessions
                    IN SENATE
                                      March 8, 2011
          KRUEGER, MAZIARZ, OPPENHEIMER, SERRANO, STAVISKY  --  read  twice  and
          ordered  printed, and when printed to be committed to the Committee on
          Environmental Conservation  --  committee  discharged,  bill  amended,

          ordered  reprinted  as  amended  and  recommitted to said committee --
          reported favorably from  said  committee,  ordered  to  first  report,
          amended  on  first  report,  ordered  to  a  second  report, and to be
          reprinted as amended, retaining its  place  in  the  order  of  second
        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          prohibiting the possession or sale of bear gallbladder
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  9  of  section  11-0917 of the environmental
     2  conservation law, paragraph b as added by chapter 491  of  the  laws  of
     3  1984, paragraph c as added and paragraphs d and e as relettered by chap-
     4  ter 182 of the laws of 1993 and paragraph f as amended by chapter 432 of

     5  the laws of 1997, is amended to read as follows:
     6    9.  a. The flesh of cottontail rabbits, varying hares, European hares,
     7  squirrels, bear and deer  shall  not  be  bought  or  sold[,  except  as
     8  provided in section 11-1713 with respect to bear].
     9    b.  Bear  gallbladders and bile shall not be possessed, bartered, sold
    10  or offered for sale or offered for barter unless a  valid  bear  tag  is
    11  attached. For the purposes of this paragraph a valid bear tag shall mean
    12  the  tag  or  similar identification required by the governmental entity
    13  that permitted the legal taking of such bear. Possession of a bear gall-
    14  bladder without a valid bear tag shall be  prima  facie  evidence  of  a
    15  violation  of  this  paragraph.   A minimum five thousand dollar penalty

    16  shall be issued per infraction of  this  paragraph.    Nothing  in  this
    17  section  prohibits an officer, employee, or agent of the federal govern-
    18  ment or the department from  possessing,  transporting,  delivering,  or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 3858--B                          2
     1  receiving  bear  gallbladders  or  bile,  for  wildlife  law enforcement
     2  purposes.
     3    c. Notwithstanding paragraph a of this subdivision, game legally taken
     4  may  be  possessed,  prepared and served by a non-profit organization at

     5  any meeting for the members and guests provided that there is no  charge
     6  for the meal.
     7    [c.]  d. Game legally taken may be donated to, and possessed, prepared
     8  and distributed by a charitable  or  not-for-profit  organization  which
     9  serves  or  distributes  food without cost to the poor or needy. Game or
    10  packages of game donated pursuant to this paragraph shall, notwithstand-
    11  ing the requirements for tagging and  labelling  of  game  contained  in
    12  paragraph b of subdivision 5 of section 11-0911 of this [chapter] title,
    13  be  tagged,  labelled  or  marked  "not for sale" and such tag, label or
    14  marking shall identify the type of  meat,  the  license  number  of  the
    15  taker,  the  name  and address of the professional processor of the game
    16  and  the  date  of  processing.  The  department  shall  make  available

    17  instructions  for  the  safe and sanitary preparation of game, a list of
    18  professional processors where potential donors may take their  game  for
    19  preparation  and  packaging  and  a list of charitable or not-for-profit
    20  organizations which accept donations of game.  Professional  processors,
    21  charitable and not-for-profit organizations may notify the department of
    22  their  intention to participate in such distribution, and the department
    23  shall include them in its lists unless good cause otherwise exists.
    24    [d.] e. The dead bodies of birds belonging to all species  or  subspe-
    25  cies  native  to  this  state,  defined  in  subdivision five of section
    26  11-0103 of this article, [subdivision 5] as  protected  wild  birds,  or
    27  belonging  to any family of which any species or subspecies is native to

    28  this state, and is so defined in subdivision five of section 11-0103  of
    29  this  article,  [subdivision  5]  shall not be sold, offered for sale or
    30  possessed for sale, for food purposes.
    31    [e.] f. The plumage, skin or body of any wild bird shall not be  sold,
    32  possessed  for  sale or offered for sale [except as permitted by section
    33  11-1729 or 11-1731 of the Fish and Wildlife Law].
    34    [f.] g. No live wolf, coyote, coydog, fox, skunk, venomous reptile  or
    35  raccoon  shall  be  possessed  or transported, except under a license or
    36  permit issued by the department.   Every such license  or  permit  shall
    37  contain  a prominent notice thereon warning the licensee or permittee of
    38  his or her duty to exercise due care in  safeguarding  the  public  from

    39  attack by such wild animal or venomous reptile and that failure to do so
    40  is  a  crime  under section three hundred seventy of the agriculture and
    41  markets law.  The provisions of the opening paragraph of  section  three
    42  hundred  seventy  of  the  agriculture  and  markets law except the last
    43  sentence thereof shall be set forth on such license or permit immediate-
    44  ly following such warning notice.
    45    § 2. Section 11-0911 of the environmental conservation law is  amended
    46  by adding a new subdivision 6 to read as follows:
    47    6.  a.  The  taker  may  transport  the  carcass  of the bear, for the
    48  purposes of harvesting the gallbladder and/or bile, only if the bear tag
    49  is attached thereto.
    50    b. No person taking, possessing or transporting  bear  shall  fail  to

    51  comply  with  the  mandatory  requirements  of  this section and section
    52  11-0917 of this title.
    53    § 3. Section 11-1733 of the environmental conservation law, the undes-
    54  ignated paragraph as amended by chapter 432 of  the  laws  of  1997,  is
    55  amended to read as follows:
    56  § 11-1733. Taxidermy.

        S. 3858--B                          3
     1    Persons  engaged  for  hire  in the business of preparing, stuffing or
     2  mounting of skins of fish or wildlife shall keep in their place of busi-
     3  ness a [register] true and complete record, in such form as is  required
     4  by  the  commissioner  showing the name or description of every specimen
     5  received,  the  date  of  receipt and the name and address of the person

     6  from whom received. In addition, such persons shall also record all bear
     7  gallbladders and bile received along with  information  from  the  valid
     8  bear  tag required in paragraph b of subdivision nine of section 11-0917
     9  of this article.  In the event that such person  sells  or  barters  any
    10  gallbladder  or  bile the record shall also include the name and address
    11  of the person or persons to whom such items were sold or bartered.  Such
    12  information shall be reported to the department  annually  and  retained
    13  for at least five years. Conservation officers and other persons author-
    14  ized by the department shall have access to the register at all times.
    15    §  4.  Subdivision 2 of section 71-0921 of the environmental conserva-

    16  tion law, as separately amended by chapters 313 and 711 of the  laws  of
    17  1980, is amended to read as follows:
    18    2.  The  illegal taking of a bear less than one year old or the taking
    19  of a bear by a means or method  not  permitted  by  this  chapter.  Such
    20  misdemeanor  shall  be  punishable by imprisonment for not more than one
    21  year or by a fine of not more than two thousand dollars, or by both such
    22  imprisonment and fine. The sale of bear gallbladder/bile in violation of
    23  paragraph b of subdivision nine of section 11-0917 of this chapter shall
    24  be punishable by a fine of five thousand dollars per violation.
    25    § 5. The department of environmental conservation shall publish infor-
    26  mation reported pursuant to section 11-1733 of the environmental conser-
    27  vation law on the department's  website.    Any  personally  identifying

    28  information  shall  not be included on the website. The department shall
    29  also include information,  in  the  publication  authorized  in  section
    30  11-0323  of  the  environmental  conservation  law, indicating that bear
    31  gallbladders and/or bile may not be sold in a manner contrary to section
    32  11-0917 of the environmental conservation law.
    33    § 6. This act shall take effect January first next succeeding the date
    34  on which this act shall have become a law.  Effective  immediately,  the
    35  addition,  amendment  and/or  repeal of any rule or regulation necessary
    36  for the implementation of this act on its effective date are  authorized
    37  and directed to be made and completed on or before such effective date.
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