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was looking all morning for the bill. finally found it. tc

http://assembly.state.ny.us/leg/?bn=A02338&sh=t
Bill Text - A02338

2338

2005-2006 Regular Sessions

I N A S S E M B L Y

January 25, 2005
___________

Introduced by M. of A. TONKO -- (at request of the Department of Envi-
ronmental Conservation) -- read once and referred to the Committee on
Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to
possession of wild animals as pets; and to repeal certain provisions
of such law relating thereto

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

1 Section 1. Paragraph e of subdivision 6 of section 11-0103 of the
2 environmental conservation law, as amended by chapter 693 of the laws of
3 2004, is amended to read as follows:
4 e. "Wild animal" shall not include "companion animal" as defined in
5 section three hundred fifty of the agriculture and markets law. Wild
6 animal includes, and is limited to, any or all of the following orders
7 and families:
8 (1) Nonhuman primates and prosimians,
9 (2) Felidae {(with the exception of domesticated and feral cats, which
10 shall mean domesticated cats that were formerly owned and that have been
11 abandoned and that are no longer socialized, as well as offspring of
12 such cats),} and ALL hybrids thereof, WITH THE EXCEPTION OF THE SPECIES
13 FELIS CATUS (DOMESTICATED AND FERAL CATS, WHICH SHALL MEAN DOMESTICATED
14 CATS THAT WERE FORMERLY OWNED AND THAT HAVE BEEN ABANDONED AND THAT ARE
15 NO LONGER SOCIALIZED, AS WELL AS OFFSPRING OF SUCH CATS) AND HYBRIDS OF
16 FELIS CATUS THAT ARE REGISTERED BY THE AMERICAN CAT FANCIERS ASSOCIATION
17 OR THE INTERNATIONAL CAT ASSOCIATION PROVIDED THAT SUCH CATS BE WITHOUT
18 ANY WILD FELID PARENTAGE FOR A MINIMUM OF FIVE GENERATIONS,
19 (3) Canidae (with the exception of domesticated dogs and CAPTIVE BRED
20 fennec foxes (vulpes zerda)),
21 (4) Ursidae,
22 (5) All reptiles that are venomous by nature, pursuant to department
23 regulation, and the following species and {families} ORDERS: Burmese

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD05420-01-5

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1 Python (Python m. bivittatus), Reticulated Python (Python reticulatus),
2 African Rock Python (Python sabae), Green Anaconda (Eunectes maurinus),
3 Yellow Anaconda (Eunectes notaeus), Australian Amethystine Python (More-
4 lia amethistina {kinhorni} AND MORELIA KINGHORNI), Indian Python (Python
5 molurus), Asiatic (water) Monitor ({V.} VARANUS salvator), Nile Monitor
6 ({V.} VARANUS nilocitus), White Throat Monitor ({V. albigularus} VARANUS
7 ALBIGULARIS), Black Throat Monitor ({V. albigularus} VARANUS ALBIGULARIS
8 ionides) and Crocodile Monitor ({V.} VARANUS salvadori), KOMODO DRAGON
9 (VARANUS KOMODENSIS) and any hybrid thereof,
10 (6) {Crocodilia} CROCODYLIA.
11 S 2. Subdivision 32 of section 11-0103 of the environmental conserva-
12 tion law, as added by chapter 692 of the laws of 2004, is amended to
13 read as follows:
14 32. "Wildlife sanctuary" means an organization as described in section
15 170(b)(1)(A)(vi) of the Internal Revenue Code of 1986{, and approved by
16 the Association of Sanctuaries or the American Sanctuary Association,}
17 and that IS IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE ANIMAL
18 WELFARE ACT, 7 USC SEC. 2131 ET SEQ. AND operates a place of refuge
19 where abused, neglected, unwanted, impounded, abandoned, orphaned, or
20 displaced wild animals are provided care for their lifetime or rehabili-
21 tated and released back to their natural habitat, and, with respect to
22 any animal owned by the organization, does not:
23 a. Use the animal for any type of entertainment, recreational or
24 commercial purpose EXCEPT FOR THE PURPOSE OF EXHIBITION AS DEFINED BY
25 THE DEPARTMENT;
26 b. Sell, trade, lend or barter the animal or the animal`s body parts;
27 or
28 c. Breed the animal.
29 S 3. Section 11-0512 of the environmental conservation law, as added
30 by chapter 692 of the laws of 2004, subdivisions 2, 4 and 8 as amended
31 by chapter 693 of the laws of 2004, is amended to read as follows:
32 S 11-0512. Possession, sale, barter, transfer, exchange and import of
33 wild animals as pets prohibited.
34 1. No person shall knowingly possess, harbor, sell, barter, transfer,
35 exchange or import any wild animal for use as a pet in New York state,
36 except as provided in subdivision three of this section.
37 2. This section shall not apply to the following persons and entities
38 with respect to wild animals owned or harbored by them solely for a
39 purpose other than for use as a pet:
40 a. Zoological facilities licensed pursuant to 7 USC. Sec. {2132 et.}
41 2131 ET seq. {and accredited by AZA (American Zoological and Aquarium
42 Association)};
43 b. Exhibitors licensed pursuant to the Animal Welfare Act, 7 USC.
44 Sections 2132-2134 AND REPTILE EXHIBITORS who have demonstrated to the
45 department, in accordance with regulations promulgated by the commis-
46 sioner, that the sole purpose for which the wild animal or animals are
47 used is for exhibition to the public for profit or compensation;
48 c. Research facilities as defined in the Animal Welfare Act, 7 USC.
49 Section 2132 (e), {2 (e)} which are licensed by the United States Secre-
50 tary of Agriculture {and approved under applicable state law};
51 d. Licensed veterinarians and incorporated humane societies, animal
52 shelters, societies for the prevention of cruelty to animals or animal
53 welfare organizations in temporary possession of wild animals;
54 e. State universities, PRIVATE COLLEGES OR UNIVERSITIES, or {other}
55 state agencies working with wild animals;

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1 f. Wildlife rehabilitators licensed pursuant to the provisions of
2 subdivision three of section 11-0515 of this title and regulations
3 promulgated thereunder, who are tending to sick or injured wild animals;
4 g. A person having custody of a wild animal solely for the purpose of
5 transporting it to a licensed veterinarian, wildlife rehabilitator,
6 humane society or other entity authorized by this section to handle or
7 treat wild animals;
8 h. A wildlife sanctuary as defined in subdivision thirty-two of
9 section 11-0103 of this article;
10 i. {A person with a falconry or hawk license pursuant to section
11 11-1003 of this article;
12 j.} A person who is not a resident of this state who is in the state
13 only for the purpose of travelling between locations outside the state.
14 In no event shall this time period exceed ten days;
15 {k. Reptile exhibitors licensed pursuant to section 11-0516 of this
16 title;
17 1.} J. A person who is {completely} paralyzed from the neck down who
18 possesses a {permit issued by the department for the possession of} new
19 world {monkeys otherwise prohibited under this title. Such permit shall
20 be revocable at the pleasure of the department and shall apply to the
21 possession of new world monkeys} MONKEY trained to perform {simple}
22 tasks for its owner{. The department shall adopt regulations concerning
23 the training of such monkeys, proper care standards, and the procedures
24 for permit issuance and revocation. Such regulations shall include
25 requirements for the training and acclamation of the monkey, training in
26 the proper care and oversight of the monkey by both the person and his
27 or her caregiver or caregivers, and certification of the health of the
28 monkey} BY AN ORGANIZATION DESCRIBED IN SECTION 501(C) OF THE INTERNAL
29 REVENUE CODE OF 1986 AND DEDICATED TO IMPROVING THE QUALITY OF LIFE OF
30 PERSONS PARALYZED FROM THE NECK DOWN.
31 3. Any person who possesses or harbors a wild animal for use as a pet
32 at the time that this section takes effect may retain possession of such
33 animal for the remainder of its life, provided that such person:
34 a. Has not been convicted of any offense relating to cruelty to
35 animals or under a judicial order prohibiting possession of animals;
36 b. Applies to the department within {sixty days} SIX MONTHS of the
37 effective date of this section, and obtains from the department, a
38 {permit} LICENSE pursuant to subdivision four of this section; and
39 c. Complies with all APPLICABLE FEDERAL, STATE, OR LOCAL LAWS, INCLUD-
40 ING ANY ORDINANCE, RULE OR REGULATION ADOPTED BY A LOCAL BOARD OF
41 HEALTH, OR ANY rules and regulations established by the department as
42 requisites for ownership of such wild animal.
43 4. The department shall be required to issue {permits} LICENSES
44 authorizing possession of wild animals only to those persons who comply
45 with the provisions of subdivision three of this section and with any
46 regulations promulgated by the department thereunder. Such {permits}
47 LICENSES shall be valid in any jurisdiction within the state where
48 possession of a wild animal is not prohibited by local law OR ORDINANCE,
49 RULE OR REGULATION ADOPTED BY A LOCAL BOARD OF HEALTH, and shall be
50 renewable biennially DURING THE LIFE OF THE ANIMAL subject to continued
51 compliance with the provisions of this section and with any regulations
52 promulgated thereunder. The department shall forward copies of such
53 {permits} LICENSES to the clerk of the city, town or village in which
54 each wild animal is harbored.
55 a. {Permit} LICENSE applications shall include, but shall not be
56 limited to, the following:

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1 (1) The name, address and telephone number of the person who owns,
2 possesses or harbors the wild animal or animals, including an acknowl-
3 edgment that the person who owns, possesses or harbors the wild animal
4 or animals is twenty-one years of age or older.
5 (2) The address of the location where the wild animal or animals will
6 be kept, if different from the above.
7 (3) A detailed description of each wild animal owned, possessed or
8 harbored, including species, gender, age, any identifying character-
9 istics, and an identification tag or tattoo if required by the depart-
10 ment, WITH PROOF, ACCEPTABLE TO THE DEPARTMENT, THAT EACH SUCH WILD
11 ANIMAL WAS ACQUIRED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
12 (4) The name, address and telephone number of the veterinarian, who
13 {will} HAS AGREED TO treat the wild animal.
14 (5) An acknowledgment indicating that the wild animal or animals will
15 not be bred.
16 (6) A detailed {statement} CERTIFICATION establishing that the
17 location in which the wild animal will be kept complies with all APPRO-
18 PRIATE standards of care {promulgated by the department, but} AND at
19 minimum complies with the standards for animal care set forth in the
20 Federal Animal Welfare Act AND OTHER APPLICABLE FEDERAL, STATE AND LOCAL
21 STANDARDS, including, but not limited to housing, temperature, venti-
22 lation, drainage, sanitation, food, water, exercise and veterinary care
23 appropriate to the species and sufficient to maintain the wild animal in
24 good health.
25 (7) An acknowledgment that the wild animal will not be tied, tethered,
26 or chained outdoors, allowed to run at large and that the wild animal
27 will not be brought to any public park or commercial or retail estab-
28 lishment unless it is being brought to a veterinarian or veterinary
29 clinic.
30 (8) An acknowledgment that possession, harboring or owning such wild
31 animal does not violate any applicable federal, state or local law,
32 INCLUDING ANY ORDINANCE, RULE OR REGULATION ADOPTED BY A LOCAL BOARD OF
33 HEALTH.
34 b. The department shall set biennial {permit} LICENSE fees for the
35 possession of wild animals pursuant to subdivision three of this section
36 in an amount determined to be reasonable but not more than {eighty} ONE
37 HUNDRED SEVENTY-FIVE dollars for two years for each wild animal.
38 {Permit} LICENSE fees shall be used solely for the IMPLEMENTATION AND
39 enforcement of this section.
40 5. {Prior to denial or revocation of a permit issued pursuant to
41 subdivision four of this section, the department shall hold a hearing
42 upon due notice to the person who owns, harbors or possesses the wild
43 animal, at which such person shall have the opportunity to be heard.}
44 The provisions of the state administrative procedure act shall apply {at
45 proceedings held in accordance with this subdivision. The decision to
46 deny or revoke a permit under this section shall be appealable.} TO THE
47 DENIAL OR REVOCATION OF A LICENSE.
48 6. Any person in possession of a wild animal as a pet that has been
49 granted a {permit} LICENSE pursuant to subdivision four of this section
50 shall not breed, OR sell, trade, barter or exchange such wild animal.
51 7. A person possessing, owning or harboring a wild animal who is
52 denied a {permit} LICENSE pursuant to subdivision four of this section,
53 or whose {permit} LICENSE is revoked, shall surrender such wild animal
54 to the department or an authorized agent thereof AT A LOCATION DESIG-
55 NATED BY THE DEPARTMENT FOR SUCH SURRENDER or a POLICE OR peace officer
56 of this state, A LOCAL ANIMAL CONTROL OFFICER, or a duly incorporated

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1 society for the prevention of cruelty to animals, OR PROVIDE PROOF THAT
2 THE ANIMAL HAS BEEN HUMANELY EUTHANIZED ACCORDING TO AMERICAN VETERINARY
3 MEDICAL ASSOCIATION STANDARDS BY A LICENSED VETERINARIAN.
4 8. The department, any POLICE OR peace officer of this state, A LOCAL
5 ANIMAL CONTROL OFFICER, or a duly incorporated society for the
6 prevention of cruelty to animals is hereby authorized to enforce the
7 provisions of this section and issue notices of violation to persons in
8 violation of this section, and shall have the authority to seize any
9 wild animal held in violation of this section. A COUNTY SOCIETY FOR THE
10 PREVENTION OF CRUELTY TO ANIMALS MUST OBTAIN A WARRANT BEFORE SEIZING A
11 WILD ANIMAL OR ARRESTING A PERSON WHO OWNS OR POSSESSES A WILD ANIMAL
12 UNDER THIS SECTION. Wild animals seized or surrendered pursuant to the
13 provisions of this section shall be transferred to a duly incorporated
14 wildlife sanctuary as defined in this section, or a zoological facility
15 {accredited by the American Zoological and Aquarium Association}, or
16 shall be humanely euthanized. ANY COSTS ASSOCIATED WITH SEIZING, TRANS-
17 FERRING OR EUTHANIZING A WILD ANIMAL SHALL BE BORNE BY THE PERSON WHO
18 OWNED, HARBORED OR POSSESSED THE ANIMAL. The department shall also have
19 the authority to seek injunctive relief in any court of appropriate
20 jurisdiction to prevent continued violations of this section.
21 9. Notwithstanding any other provision of law, any person who knowing-
22 ly breeds a wild animal or knowingly possesses, owns, harbors, sells,
23 barters, transfers, exchanges, or imports a wild animal for use as a pet
24 in violation of the provisions of this section shall be subject to {the}
25 A penalty of not more than five hundred dollars for the first offense
26 and not more than one thousand dollars for a second and subsequent
27 offenses. Each instance of breeding, owning, harboring, sale, barter,
28 transfer, exchange, or import of a wild animal in violation of this
29 section shall constitute a separate offense.
30 10. Nothing contained in this section shall prevent any city, town or
31 county from enacting more restrictive provisions governing the
32 possession of wild animals for use as pets.
33 S 4. Section 11-0516 of the environmental conservation law is
34 REPEALED.
35 S 5. This act shall take effect immediately.
.SO DOC A 2338 *END* BTXT 2005

Contact Webmaster

Hi folks. Regarding the newly enacted "wild Animal Law" (aka "reptile ban law", On March 5th, I am going to be meeting with one of the Assemblymen who was involved with this law. Even though the law is already in effect, he is interested in hearing comments. While I have come up with some facts regarding reptiles and people, but I am missing one important piece of information: the number of people killed by their pet reptiles over the last 5 years (non-venomous frptiles only). The CDC does not list this stat, although it lists it for dogs (and if the NYS lawmakers really wanted to protect the public, they would ban dogs. From 1979 to 1996, there were 304 reported human deaths from dog bites!). I would also like to know how many NYS residents were really aware of the bill and its effect on the reptile hobby. For many, it seems that this bill came out of the blue. Any other info I can present, sucha suggestions to make the law more fair, would be helpful and appreciated.

Frank M. Greco

I would also like to know how this is impacting people economically. Since the breeding of certain species is now illegal, there has to be some type of economic impact (not to mention the conservation impact).

Frank M. Greco