Reptile & Amphibian Forums

New York Anti-Reptile Bill A07935
Prohibits the ownership, possession or harboring of a wild animal or reptile;
makes violation a class E felony.
assembly.state.ny.us/leg/?bn=7935

>>The page states "possession or harboring of wild animals
>>and reptiles as defined in accordance to paragraph e of subdivision six of section 11-0103 of the environmental conservation law." Before we react, do we know what that section of code says?
>>-----
>>Cliff Earle
>>1.2.0 BRB 2007s
>>1.4.0 BRB 2008s (RIP Houdini December 2009, I'll miss you buddy)
>>4.7.0 BRB 2009s

Cliff,

Just found this:

http://law.onecle.com/new-york/environmental-conservation/ENV011-0103_11-0103.html

Has every state gone insane????

Thanks,
Ed

New+York+States%5C%27+exotic+animal+law+went+into+affect+in+2005.%0D%0AAs+far+as+snakes+go%2C+it+banned+Retics%2C+Condas%2CAfrican+Rocks%2C%0D%0ABurms%2FIndians+%2C+Australian+Scrub+pythons+and+venemous.%0D%0AI+believe+the+current+legislation+is+addressing+or+changing+the+penalties+for+violation+of+the+laws.+Not+fully+sure.+%0D%0AMore+info+on+the+law+in+the+link+below.%0D%0A%0D%0A
Link

I find it interesting that reptiles are defined seperately from animals.....as if they are not animals OR that this bill is reptile specific. Although I suppose that is common lingo, here in West Virginia "wild animal" is defined as a non-domestic mammal; and every other taxa is addressed seperately and specifically.

If I'm interpreting this correctly, and I may not be, it seems like it's taking possession of the following animals from a misdermeanor to a CLASS E FELONY. So, if I move into NY to get a better job or take care of an aging parent, and my black-throated monitor that I've had as a pet for 10 years comes with me, I'd be guilty of a FELONY and lose my right to vote, own a gun, and lose a LOT of potential JOBS?

Katrina
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New York Environmental Conservation Law Section 11-0103 - Definitions.

6. e. "Wild animal" shall not include "companion animal" as defined in section three hundred fifty of the agriculture and markets law. Wild animal includes, and is limited to, any or all of the following orders and families:
(1) Nonhuman primates and prosimians,
(2) Felidae and all hybrids thereof, with the exception of the species Felis catus (domesticated and feral cats, which shall mean domesticated cats that were formerly owned and that have been abandoned and that are no longer socialized, as well as offspring of such cats) and hybrids of Felis catus that are registered by the American Cat Fanciers Association or the International Cat Association provided that such cats be without any wild felid parentage for a minimum of five generations,
(3) Canidae (with the exception of domesticated dogs and captive bred fennec foxes (vulpes zerda)),
(4) Ursidae,
(5) All reptiles that are venomous by nature, pursuant to department regulation, and the following species and orders: Burmese Python (Python m. bivittatus), Reticulated Python (Python reticulatus), African Rock Python(Python sabae), Green Anaconda(Eunectes maurinus), Yellow Anaconda (Eunectes notaeus), Australian Amethystine Python (Morelia amethistina and Morelia kinghorni), Indian Python (Python molurus), Asiatic (water) Monitor (Varanus salvator), Nile Monitor (Varanus nilocitus), White Throat Monitor (Varanus albigularis), Black Throat Monitor (Varanus albigularis ionides) and Crocodile Monitor (Varanus salvadori), Komodo Dragon (Varanus komodensis) and any hybrid thereof,
(6) Crocodylia.

S T A T E O F N E W Y O R K
7935

2009-2010 Regular Sessions
I N A S S E M B L Y
April 28, 2009
___________

Introduced by M. of A. CLARK -- read once and referred to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to prohibiting the ownership, possession or harboring of a wild animal or reptile

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Section 370 of the agriculture and markets law, as added by chapter 1047 of the laws of 1965, is amended to read as follows:
S 370. [Protection of the public from attack by] PROHIBITION OF THE OWNERSHIP, POSSESSION OR HARBORING OF wild animals and reptiles.

Any person owning, possessing or harboring a wild animal or reptile capable of inflicting bodily harm upon a human being[, who shall fail to exercise due care in safeguarding the public from attack by such wild animal or reptile,] is guilty of a [misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than five hundred dollars, or by both] CLASS E FELONY AS DEFINED BY THE PENAL LAW. FOR THE PURPOSES OF THIS SECTION, "[Wild] WILD animal" [within the meaning of this section, shall not include a dog or cat or other domestic animal] IS DEFINED IN ACCORDANCE TO PARAGRAPH E OF SUBDIVISION SIX OF SECTION 11-0103 OF THE ENVIRONMENTAL CONSERVATION LAW.
Previous attacks upon a human being by such wild animal or reptile, or knowledge of the vicious propensities of such wild animal or reptile, on the part of the possessor or harborer thereof, shall not be required to be proven by the people upon a prosecution hereunder; and neither the fact that such wild animal or reptile has not previously attacked a human being, nor lack of knowledge of the vicious propensities of such wild animal or reptile on the part of the owner, possessor or harborer thereof shall constitute a defense to a prosecution hereunder.
S 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets[ ] is old law to be omitted.

We don't work on Wall Street and we're not Investment Bankers...so we're all screwed!
jsc
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"As hard as I've tried, just can't NOT do this"
John Crickmer

Katrina,

This law is being ammended to bump up the penalty, IF you fail to properly prevent the animal from injuring a member of the public. Penalties are already written into permit requirements for NY, however it currently only results in a misdemeanor. I agree that this is a knee jerk reaction to an escaped chimpanzee, which is far more difficult to contain than a rattlesnake.

If, for instance you moved to NY(you wouldn't want to with our high taxes) you COULD obtain a permit for the animal in NY under ECL 11-0512, which has provisions for reptile exhibitors. However, you must do programs (education, etc.) to obtain such a permit and provide written reports of such programs in which the animals were used. This was included in the 2005 version of the regulation....so the current proposed bill, is merely bumping up the penalties. It is not preventing anyone from possessing an animal. I have to say that I agree with the DEC regulation, that if you are keeping wild animals, you should be making an attempt to educate the public about them and not just keeping them because they're "Cool"---which many people do. We all find them fascinating, but it doesn't require that much effort to do some outreach programs.

While it may seem excessive, if you are keeping the animals securely and properly, permitted keepers should have no concern, as they will not have to be worried about the consequences of an escaped animal. Of course, we do know that even AZA zoos have had escapes. Were any of the keepers at the San Francisco zoo charged with felonies after the tiger killed the one visitor?

Everyone in NY could still legally maintain their venomous snakes, if they become "Reptile Exhibitors" and simply educate people that these animals don't deserve the bad repuation as ruthless, aggressive killers, when we know that snakes in general, are rather secretive inoffensive creatures.

Politicians, on the other hand........

Please re-read the bill. Notice this part:

"Section 1. Section 370 of the agriculture and markets law, as added by chapter 1047 of the laws of 1965, is amended to read as follows:
S 370. [Protection of the public from attack by] PROHIBITION OF THE OWNERSHIP, POSSESSION OR HARBORING OF wild animals and reptiles."

Notice that the info in [brackets] is being removed, and info in CAPS is being ADDED.

So, it would seem that while the law was origionally regarding keeping the public safe from these animals, it is now making it illegal to own them, AND increasing the penalty.

Katrina

It's as if the Herptoculture Hobby has been caught up in the Perfect Storm. We are between a rock and a hard place, as it were. Caught between two Elitist mentalities. Nothing but class warfare.

On the one hand we have the Nature Elitist, with their philosophy that only a few elite should be afforded the privilege of captive ownership; otherwise everything should remain wild, solely within the purview of select Elitist Professionals.

And on the other hand we have the Capitalist Elite that see our avocation as they do the Liberal Arts -- unnecessary and not profitable enough. Just too expensive to oversee and manage. An inefficiency to be eliminated.

Throw in the Media sensationalism, political demagoguery and hypocrisy, apathy and a lack of understanding by the general public, as well as a very poor overall economy and it truely does seem as if the stars are aligned against us.

It will be a tough row to hoe, indeed.

jsc
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"As hard as I've tried, just can't NOT do this"
John Crickmer

The new POST AMERICA era. UNITED STATES of AMERICA 1776-2009

The way I see it, it started after 9/11. So much of our National energy, resources, and focus has been on "Homeland Security" since then.

With everything going to more efficient and more invasive means and methods of/for monitoring the public, as we forfeit more and more of our rights and freedoms in the name of security.

That, along with the "War on Terrorism", those ill-advised and poorly managed unfunded Foreign Military Campaigns bordering on Colonialism. It has been said, "War is good business", and I'd have to agree...for some. Leaving the rest of us in a recession. Just can't let go of that Tar Baby now.

Let's not forget the Unfunded Federal Mandates, Carve-outs, Pork Barrel Projects, Cronyism, Sweetheart Deals, Bail-outs.

As our country moves further and further into the realm of Fascism, where the philosophy of "Whats good for the Corporate Military Industrial Complex is good for the Country"...with our ever growing Governmental Oversight, our individual rights and freedoms go by the wayside in the name of "Homeland Security" and "The War on Terrorism". Not to mention the systematic destruction of the Middle Class, leaving a greater and greater gap between the very few Ultra-rich/Uber-wealthy and the ever growing Ultra-poor. The disparity gap becomes larger and larger, while the poor become a greater and greater proportion of the population. I sometimes wonder if Marie Antoinette incarnate isn't running the country.

Their argument is that the Python and the large Constrictors are the enemy of our environment, our natural resources, our natural heritage, along with Humanity in general of course. And it has been said that those same animals should be regulated and or eliminated for the protection of "First Responders" in the name of Homeland Security and Public Safety. Where ignorance is the engine and fear is the fuel, that's what's driving this train.

It's just the same old "Lets Build More Prisons" and the "Third Strike" mentality run a muck. Knee-jerk reaction without much thought.

That's just the way I see it.

jsc

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"As hard as I've tried, just can't NOT do this"
John Crickmer

I agree - 9/11 was a big jump for what we're seeing. It was a way to take away liberties in the name of "security". Bush made it legal to wire tap on Americans without a warrant - something that just wasn't allowed when I was intel. Although the fight against the AR mentality has been going on for years, it's finally chipped away enough that we realized we're on a cliff now, instead of the "majestic plains" we thought was our right.

Katrina

Here's what we fall in with legaly if this passes and we are caught with Retics, Burms, condas , Scrubs or Rocks. Great comparison !!!

Here are the Class E Felonies. The Prison Term would be a sentencing, lasting more than one year. FELONY CLASSIFICATION
UNDER THE STRUCTURED SENTENCING ACT
Offenses committed on or after December 1, 2002
FELONY,CLASS, GENERAL, STATUTES, SECTION, OFFENSE

E G.S. 14-27.7(a) Intercourse and sexual offense with certain victims (Parent, Custodian).

E G.S. 14-29 Castration or other maiming without malice aforethought.

E G.S. 14-30.1 Malicious throwing of corrosive acid or alkali.

E G.S. 14-31 Maliciously assaulting in a secret manner.

E G.S. 14-32(b) Assault with deadly weapon inflicting serious injury.

E G.S. 14-32(c) Assault with deadly weapon with intent to kill.

E G.S. 14-32.2(b)(2) Patient abuse and neglect, culpably negligent conduct proximately causes
death.

E G.S. 14-34.1 Discharging certain barreled weapons or a firearm into occupied property.

E G.S. 14-34.5 Assault with a firearm on a law enforcement officer.

E G.S. 14-39 Kidnapping in the 2nd degree.

E G.S. 14-49(b1) Malicious use of explosive or incendiary. (Effective 6/21/96)

E G.S. 14-62.2 Burning of churches and certain other religious buildings. (Effective
6/21/96)

E G.S. 14-113.20A,
-113.22
Trafficking in stolen identities.

E G.S. 14-318.4(a) Child abuse inflicting serious injury.

E G.S. 14-318.4(a1) Child abuse - prostitution.

E G.S. 14-318.4(a2) Child abuse - sexual act.

E G.S. 90-95(e)(8) Manufacture, sell or deliver, or possess with intent to manufacture, sell or
deliver a controlled substance within 300 feet of a child care center,
elementary or secondary school.

E G.S. 90-95(e)(10) Manufacture, sell or deliver, or possess with intent to manufacture, sell or
deliver a controlled substance within 300 feet of a playground in a public
park.

E G.S. 90-95(h)(3b)b Trafficking in methamphetamine or amphetamine (200 grams or more, less
than 400 grams). (Was Class F, amphetamine was G.S. 90-95(h)(3a)b -
Effective 12/1/99)

E G.S. 90-95(h)(4)b Trafficking in opium or heroin (14 grams or more, less than 28 grams).
3 years ago

n/p

it allways has been illegal to own certain species without a permitt, the new bill states in it is not adding any new animals /reptiles but applying stiffer penalties to a law thats been in affe4ct for years. this info was obtain from a phone call to my local nys dec office