TIMES-UNION (Albany, New York) 05 July 04 Exotic animal ban could silence call of the wild - Owners outraged by proposal to curb ownership of pets (Elizabeth Benjamin)

Fur is flying over a ban on ownership and breeding of "wild" animals now awaiting Gov. George Pataki's signature.

The measure, passed by the Legislature in June, would also require current owners of such animals to apply to the state Department of Environmental Conservation for a permit to keep their pets at an annual cost of up to $80 per animal.

The issue has pitted the keepers of unusual pets against animal rights advocates. Both sides maintain they are acting in the best interest of both the public and the animals -- some of which are rare or even endangered.

Supporters of the ban say it is needed due to the increased popularity of wild, or so-called "exotic," pets that can be easily acquired from dealers or over the Internet.

The animals were not meant to be confined and require more care than most people can give, ban backers say. In addition, these animals can transmit diseases and could seriously harm their owners, bystanders or emergency workers.

"Certain types of exotic animals aren't fit to keep as pets," said Stacy Wolf, director of legislative services for the American Society for the Prevention of Cruelty to Animals.

Exotic pet owners say they are responsible caretakers who are being unfairly penalized for a few people who mistreat their charges. They call the $80 fee onerous and threaten to sue if the ban becomes law.

"New York does not have an exotic animal problem, we have a human stupidity problem," said Deborah-Ann Milette, who keeps four large cats -- three servals (long-legged African wildcats) and one caracal (sort of a lanky lynx) in her Warrensburg apartment.

"You can't tell me I've got to pay more to register a monkey that weighs 6 pounds and don't bother anybody than a bull mastiff that weighs 130 pounds and can tear you apart," said Ron James Sorenson, who keeps nine monkeys in his Bronx home.

The new rules would apply to a veritable Noah's Ark of creatures -- from monkeys, bears and large cats to venomous snakes (which already require a DEC license for private ownership), boa constrictors and pythons, most lizards and all crocodiles.

Those who violate the ban would risk losing their animals and a fine of up to $500 for the first offense and $1,000 for subsequent offenses. Licensed zoos, veterinarians, wildlife rehabilitators and researchers would be exempt.

More than a dozen states ban private possession of wild animals. At least seven have partial bans. Others require permits or licenses for many of the species in New York's legislation. New York City already has a ban stricter than the state proposal.

In Albany, the exotic pet ban bill has been pending since 2001. A campaign by supporters and a string of high profile media reports of animal attacks, such as a man who was badly bitten last fall by his pet tiger in his Harlem apartment, helped spur lawmakers to act.

Assemblyman Paul Tonko, D-Amsterdam, the bill's sponsor, said lawmakers sought "a balanced" approach.

"What we tried to do was address public safety and, at the same time, be reasonable," Tonko said.

The original bill was modified, partly because of heavy lobbying by the Pet Industry Joint Advisory Council, which hired powerful Albany lobbying firm Hinman Straub to represent its interests. The council paid Hinman Straub about $57,000 over the last year to lobby on this and other animal-related issues.

The ban's sponsors compromised, leaving out iguanas, among the most popular exotic animals sold as pets, and birds, which are equally popular -- even among state lawmakers.

Supporters of the ban admit it will be hard to enforce. The DEC has neither the staff nor the resources for a full-scale animal census, so it will have to rely mainly on voluntary compliance or complaints.

The state hasn't had much luck enforcing an existing registration law that took effect last April. The law requires exotic animal owners to register with their local municipal clerk or risk a fine. The clerks must send the information to police and emergency services workers.

Several local clerks contacted last week had no knowledge of the registration law and no exotic animals on file. A spokesman for the state Department of State, which was supposed to develop a list of exotic animals targeted for registration for the clerks, said it is just being completed and has not yet been sent out.

If the ban becomes law, Milette said she worries exotic animal owners will "go underground" and stop seeking care for their pets. She also fears an increase in euthanized animals taken from owners who disobey the rules.

The ban could cause more exotic animals to be killed, Wolf conceded. But the ban, she hopes, will ultimately discourage people from getting pets they can't care for, preventing animal cruelty.

Milette maintains her cats, which are all declawed, are no more dangerous than dogs, which bite more than 4.7 million people a year, according to the American Veterinary Medical Association. Approximately 800,000 people seek medical treatment for dog bites a year, the association said.

There are far fewer reported exotic animal bites, Milette pointed out, although that may reflect the fact that fewer of them are kept as pets. But they do happen.

In 2000, a Troy child was mauled by a serval cat. That same year, a Queensbury educator had 90 snakes and other reptiles seized from his house because of poor care. In 1997, a pet monkey went ballistic in a Central Avenue pet store and did considerable damage.

Sue Arnold, an exotic animal breeder in Florida who sells cats like Milette's for $1,800 to $2,000 apiece, said these pets require considerably more care than an average cat or dog.

"It takes a person who is willing to raise another child," Arnold said.

Arnold opposes an all-out ban on exotic animals, but favors a permit system like Florida's, which requires would-be owners to attend training classes on handling the species they want to acquire.

Like many exotic animal owners, Milette is unquestionably dedicated to her cats: Qe Tesha of the Nile (the caracal) and Cleopatra, Noah and Motuka of Africa (the servals). On permanent disability, she stays home with them all day long and never leaves them alone or allows them outside unsupervised.

Milette, who says her primary residence is in Rhode Island, said she will leave New York rather than seek a permit if the law takes effect. She already lost one pet to such a ban.

Milette was fined in Massachusetts for keeping a serval named without a permit. She later had to surrender her cat to authorities after refusing to apply for a permit. In 2000, she was cited in New York for allowing a "dangerous animal" to stray too close to a public space -- the sidewalk -- while it was leashed.

Milette has a U.S. Department of Agriculture license to exhibit her cats, which she does by offering free educational programs. She says federal inspectors come annually to her home to make sure it's suitable for her pets, and says a state ban would be an unnecessary layer of bureaucracy.

"I'm already regulated," she said. "This law is redundant and we don't need it."
Exotic animal ban could silence call of the wild

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