Bill Text: NY S03858 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 3858 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-08-17 - SIGNED CHAP.468 [S03858 Detail]

Download: New_York-2011-S03858-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3858
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     March 8, 2011
                                      ___________
       Introduced  by Sen. GRISANTI -- 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
         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. (I) IT SHALL BE UNLAWFUL FOR ANY PERSON IN THE  STATE  TO  POSSESS,
   10  SELL  OR  BARTER, OFFER TO SELL OR BARTER, PURCHASE, TRANSPORT, DELIVER,
   11  OR RECEIVE, BEAR GALLBLADDERS, BILE, OR ANY PRODUCT, ITEM, OR  SUBSTANCE
   12  CONTAINING, OR LABELED OR ADVERTISED AS CONTAINING, BEAR GALLBLADDERS OR
   13  BILE.
   14    (II) A MINIMUM ONE THOUSAND DOLLAR PENALTY SHALL BE ISSUED PER INFRAC-
   15  TION OF THIS PARAGRAPH.
   16    (III) NOTHING IN THIS SECTION PROHIBITS AN OFFICER, EMPLOYEE, OR AGENT
   17  OF  THE FEDERAL GOVERNMENT OR THE DEPARTMENT FROM POSSESSING, TRANSPORT-
   18  ING, DELIVERING, OR RECEIVING BEAR GALLBLADDERS, BILE, OR  ANY  PRODUCT,
   19  ITEM,  OR  SUBSTANCE CONTAINING, OR LABELED OR ADVERTISED AS CONTAINING,
   20  BEAR GALLBLADDERS OR BILE, FOR WILDLIFE LAW ENFORCEMENT PURPOSES.
   21    C. Notwithstanding [paragraph] PARAGRAPHS a OR B of this  subdivision,
   22  game legally taken may be possessed, prepared and served by a non-profit
   23  organization  at  any  meeting  for the members and guests provided that
   24  there is no charge for the meal.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10006-02-1
       S. 3858                             2
    1    [c.] D. Game legally taken may be donated to, and possessed,  prepared
    2  and  distributed  by  a  charitable or not-for-profit organization which
    3  serves or distributes food without cost to the poor or  needy.  Game  or
    4  packages of game donated pursuant to this paragraph shall, notwithstand-
    5  ing  the  requirements  for  tagging  and labelling of game contained in
    6  paragraph b of subdivision 5 of section 11-0911 of this [chapter] TITLE,
    7  be tagged, labelled or marked "not for sale"  and  such  tag,  label  or
    8  marking  shall  identify  the  type  of  meat, the license number of the
    9  taker, the name and address of the professional processor  of  the  game
   10  and  the  date  of  processing.  The  department  shall  make  available
   11  instructions for the safe and sanitary preparation of game,  a  list  of
   12  professional  processors  where potential donors may take their game for
   13  preparation and packaging and a list  of  charitable  or  not-for-profit
   14  organizations  which  accept donations of game. Professional processors,
   15  charitable and not-for-profit organizations may notify the department of
   16  their intention to participate in such distribution, and the  department
   17  shall include them in its lists unless good cause otherwise exists.
   18    [d.]  E.  The dead bodies of birds belonging to all species or subspe-
   19  cies native to this state, defined in section 11-0103 OF  THIS  ARTICLE,
   20  subdivision  5  as  protected  wild birds, or belonging to any family of
   21  which any species or subspecies is native  to  this  state,  and  is  so
   22  defined  in  section 11-0103 OF THIS ARTICLE, subdivision 5 shall not be
   23  sold, offered for sale or possessed for sale, for food purposes.
   24    [e.] F. The plumage, skin or body of any wild bird shall not be  sold,
   25  possessed  for  sale or offered for sale [except as permitted by section
   26  11-1729 or 11-1731 of the Fish and Wildlife Law].
   27    [f.] G. No live wolf, coyote, coydog, fox, skunk, venomous reptile  or
   28  raccoon  shall  be  possessed  or transported, except under a license or
   29  permit issued by the department.   Every such license  or  permit  shall
   30  contain  a prominent notice thereon warning the licensee or permittee of
   31  his or her duty to exercise due care in  safeguarding  the  public  from
   32  attack by such wild animal or venomous reptile and that failure to do so
   33  is  a  crime  under section three hundred seventy of the agriculture and
   34  markets law.  The provisions of the opening paragraph of  section  three
   35  hundred  seventy  of  the  agriculture  and  markets law except the last
   36  sentence thereof shall be set forth on such license or permit immediate-
   37  ly following such warning notice.
   38    S 2. This act shall take effect on the one hundred eightieth day after
   39  it shall have become a law. Effective immediately, the addition,  amend-
   40  ment and/or repeal of any rule or regulation necessary for the implemen-
   41  tation  of this act on its effective date are authorized and directed to
   42  be made and completed on or before such effective date.