Subchapter 12 - Endangered or Threatened Species¶
§ 20-698 Definitions. Whenever used in this subchapter: a. "Endangered or threatened species" shall mean any fish or wildlife family, genus, species, subspecies or population that is designated by or pursuant to New York law as endangered or threatened. b. "Fish or wildlife" shall mean any member of the animal kingdom, including without limitation any mammal, fish, bird, amphibian, reptile, mollusk, crustacean, arthropod or other invertebrate, and includes any part, product, egg, or offspring thereof, or the dead body or parts thereof. c. "Population" shall mean a group of fish or wildlife of the same species or subspecies inhabiting a defined geographical area.
§ 20-699 Prohibition. a. Except with a federal or state permit or license or under any exception under federal or state law, it shall be unlawful to buy or sell, offer or attempt to buy or sell, or cause any person to buy or sell: (1) any product, item, or substance described in an offer for sale, labeled, or advertised as derived from any endangered or threatened species, or described in an offer for sale, labeled, or advertised as containing any substance derived from any endangered or threatened species; or (2) any product, item, or substance that is intended for human consumption or application and is described in an offer for sale, labeled, or advertised as derived from any species of rhinoceros or tiger, or described in an offer for sale, labeled, or advertised as containing any substance derived from any species of rhinoceros or tiger; or (3) any species described in an offer for sale, labeled, or advertised as any endangered or threatened species. b. It shall be unlawful to include false or misleading information in any offer for sale, label, or advertisement for any endangered or threatened species or any product, item, or substance derived from or containing any substance derived from any endangered or threatened species. For the purposes of this subchapter, any omission of or failure to state a material fact shall be considered inclusion of false or misleading information. c. The prohibitions of this subchapter shall apply to any offer for sale, label or advertisement that refers to any endangered or threatened species by its common name or by its scientific name.
§ 20-699.1 Publication of endangered and threatened species list. No later than April 1, 2005, and at least annually thereafter, the commissioner shall publish a list using the department's website for the purpose of ensuring compliance by merchants with the provisions of this subchapter. Such list shall include guidance regarding the identification of any fish or wildlife family, genus, species, subspecies or population designated by or pursuant to New York law as endangered or threatened and shall also separately specify whether all populations of any family or genus so identified are designated as endangered or threatened by or pursuant to New York law. Such list shall be published in English and Chinese.
§ 20-699.2 Penalties. Any person that violates any provision of section 20-699 after October 1, 2005 shall be subject to a civil penalty of not more than five hundred dollars for the first violation and each additional violation occurring on the same day as the first violation, and not less than five hundred dollars nor more than one thousand five hundred dollars for each subsequent violation occurring within a period of twenty-four months.
§ 20-699.3 Seizure and forfeiture. Any product, item, substance, or species bought or sold, or attempted to be bought or sold, after October 1, 2005 in violation of section 20-699 or any regulation issued pursuant to this subchapter shall be subject to forfeiture upon notice and judicial determination.
§ 20-699.4 Rules. The commissioner shall have the authority to promulgate such rules and regulations as the commissioner shall deem necessary to implement the provisions of this subchapter.
§ 20-699.5 Enforcement. The commissioner and the members of the police department shall have the authority to enforce this subchapter.
§ 20-699.6 Hearing authority. Notwithstanding any other provision of law, the department shall be authorized, after October 1, 2005, upon due notice and hearing, to impose civil penalties for the violation of any provision of this subchapter. The department shall have the power to render decisions and orders and to impose civil penalties not to exceed the amounts specified in section 20-699.2 of this subchapter for each such violation. All proceedings authorized pursuant to this subdivision shall be conducted in accordance with rules promulgated by the commissioner. The remedies and penalties provided for in this subdivision shall be in addition to any other remedies or penalties provided for the enforcement of such provisions under any other law including, but not limited to, civil or criminal actions or proceedings. (2) All such proceedings shall be commenced by the service of a notice of violation returnable to the administrative tribunal of the department. The commissioner shall prescribe the form and wording of notices of violation. The notice of violation or copy thereof when filled in and served shall constitute notice of the violation charged, and, if sworn to or affirmed, shall be prima facie evidence of the facts contained therein. In addition to serving the notice on the person being charged, where written authorization is filed with the department, the department shall deliver by first class mail a copy of the notice to the corporate headquarters or wholesale supplier of such person.