NY LEGIS 692 (2004)
2004 Sess. Law News of N.Y. Ch. 692 (S. 7616) ( McKINNEY 'S)
McKINNEY 'S 2004 SESSION LAW NEWS OF NEW YORK
227th Legislature
Copr. © West Group 2004. All rights reserved.
Additions are indicated by Text.
Changes in tables are made but not highlighted.
CHAPTER 692
S. 7616
ENVIRONMENTAL PROTECTION – WILD ANIMALS – POSSESSION
Approved November 3, 2004 , effective as provided in section 7
AN ACT to amend the environmental conservation law, in relation to prohibiting the possession of wild animals as pets in New York state
The People of the State of New York , represented in Senate and Assembly, do
enact as follows:
§ 1. Legislative findings. The legislature finds that keeping exotic animals as pets poses a serious threat to the health and safety of New York state residents. Wild animals, including but not limited to, monkeys, tigers and venomous snakes, are readily available for purchase throughout New York state.
Across the country, children have been mauled by tigers, asphyxiated by snakes, and bitten by monkeys. Wild animals kept as pets can transmit serious diseases to people, including Herpes B. Salmonella and Ebola virus.
Recapture of escaped wild animals is an expensive and perilous endeavor for municipalities. Other states already prohibit private ownership of certain wild animals as pets, a position supported by the United States Department of Agriculture (USDA), the Centers for Disease Control (CDC) and the American Veterinary Medical Association (AVMA). New York must take similar steps to ensure the protection of the public and the humane treatment of wild animals.
§ 2. Subdivision 6 of section 11-0103 of the environmental conservation law is amended by adding a new paragraph e to read as follo9ws:
<< NY ENVIR CONSER § 11-0103 >>
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 (with the exception of 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 thereof,
(3) Canidae (with the exception of domesticated dogs),
(4) Ursidae,
(5) All reptiles that are venomous by nature, pursuant to department regulation, and the following species and families: Boidae family, Asiatic (water) Monitor (V. Salvator), Nile Monitor (V. Nilocitus), White Throat Monitor (V. Albigularus), Black Throat Monitor (V. Albigularus Ionides) and Crocodile Monitor (V. Salvadori) and any hybrid thereof,
(6) Crocodilia.
§ 3. Section 11-0103 of the environment conservation law is amended by adding two new subdivisions 31 and 32 to read as follows:
<< NY ENVIR CONSER § 11-0103 >>
31. “Pet” means an animal kept for the primary purpose of companionship that is normally maintained in or near the household of the owner or person who cares for such domesticated animal.
32. “Wildlife sanctuary” means an organization as described in section 170(b)(1)(A)(vi) of the Internal Revenue Code of 1986, and approved by the Association of Sanctuaries or the American Sanctuary Association, and that operates a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced wild animals are provided care for their lifetime or rehabilitated and released back to their natural habitat, and, with respect to any animal owned by the organization, does not:
a. Use the animal for any type of entertainment, recreational or commercial purpose;
b. Sell, trade, lend or barter the animal or the animal's body parts; or
c. Breed the animal.
§ 4. Section 11-0511 of the environmental conservation law, as amended by chapter 432 of the laws of 1997, is amended to read as follows:
<< NY ENVIR CONSER § 11-0511 >>
§ 11-0511. Possession and transportation of wildlife
Subject to the provisions of section 11-0512 of this article, no person shall, except under a license or permit first obtained from the department containing the prominent warning notice specified in subdivision nine of section 11-0917 of this article, possess, transport or cause to be transported, imported or exported any live wolf, wolfdog, coyote, coydog, fox, skunk, venomous reptile or raccoon, endangered species designated pursuant to section 11-0535 of this title, species named in section 11-0536 of this title or other species of native or non-native live wildlife or fish where the department finds that possession, transportation, importation or exportation of such species of wildlife or fish would present a danger to the health or welfare of the people of the state, an individual resident or indigenous fish or wildlife population. Environmental conservation officers, forest rangers and members of the state police may seize every such animal possessed without such license or permit. No action for damages shall lie for such seizure, and disposition of seized animals shall be at the discretion of the department.
§ 5. The environmental conservation law is amended by adding a new section 11-0512 to read as follows:
<< NY ENVIR CONSER § 11-0512 >>
§ 11-0512. Possession, sale, barter, transfer, exchange and import of wild animals as pets prohibited
1. No person shall knowingly possess, harbor, sell, barter, transfer, exchange or import any wild animal for use as a pet in New York state, except as provided in subdivision three of this section.
2. This section shall not apply to the following persons and entitles with respect to wild animals owned or harbored by them solely for a purpose other than for use as a pet:
a. Zoological facilities licensed pursuant to 7 USC. Sec. 2132 et. seq. and accredited by AAZPA (American Association of Zoological Parks and Aquariums);
b. Exhibitors licensed pursuant to the Animal Welfare Act, 7 USC. Sections 2132-2134 who have demonstrated to the department, in accordance with regulations promulgated by the commissioner, that the sole purpose of which the wild animal or animals are used is for exhibition to the public for profit or compensation;
c. Research facilities as defined in the Animal Welfare Act, 7 USC. Section 2132(e), 2(e) which are licensed by the United States Secretary of Agriculture and approved under applicable state law;
d. Licensed veterinarians and incorporated humane societies, animal shelters, societies for the prevention of cruelty to animals or animal welfare organizations in temporary possession of wild animals;
e. State universities or other state agencies working with wild animals;
f. Wildlife rehabilitators licensed pursuant to the provisions of subdivision three of section 11-0515 of this title and regulations promulgated thereunder, who are tending to sock or injured wild animals;
g. A person having custody of a wild animal solely for the purpose of transporting it to a licensed veterinarian, wildlife rehabilitator, humane society or other entity authorized by this section to handle or treat wild animals;
h. A wildlife sanctuary as defined in subdivision thirty-two of section 11-0103 of this article;
i. A person with a falconry or hawk license pursuant to section 11-1003 of this article;
j. A person who is not a resident of this state who is in the state only for the purpose of traveling between locations outside the state. In no event shall this time period exceed ten days;
k. Reptile exhibitors licensed pursuant to section 11-0516 of this title.
3. Any person who possesses or harbors a wild animal for use as a pet at the time that this section takes effect may retain possession of such animal for the remainder of its life, provided that such person:
a. Has not been convicted of any offense relating to cruelty to animals or under a judicial order prohibiting possession of animals;
b. Applies to the department within sixty days of the effective date of this section, and obtains from the department, a permit pursuant to subdivision four of this section; and
c. Complies with all rules and regulations established by the department as requisites for ownership of such wild animals.
4. The department shall be required to issue permits authorizing possession of wild animals only to those persons who comply with the provisions of subdivision three of this section and with any regulations promulgated by the department thereunder. Such permits shall be valid in any jurisdiction within the state where possession of a wild animal is not prohibited by local law and shall be renewable biennially annually subject to continued compliance with the provisions of this section and with any regulations promulgated thereunder. The department shall forward copies of such permits to the clerk of the city, town or village in which each wild animal is harbored.
a. Permit applications shall include, but shall not be limited to, the following:
(1) The name, address and telephone number of the person who owns, possesses or harbors the wild animal or animals, including an acknowledgment that the person who owns, possesses or harbors the wild animal or animals is twenty-one years of age or older.
(2) The address of the location where the wild animal or animals will be kept, if different from the above.
(3) A detailed description of each wild animal owned, possessed or harbored, including species, gender, age and any identifying characteristics.
(4) The name, address and telephone number of the veterinarian, who will treat the wild animal.
(5) An acknowledgment indicating that the wild animal or animals will not be bred.
(6) A detailed statement establishing that the location in which the wild animal will be kept complies with all standards of care promulgated by the department, but at minimum complies with the standards for animal care set forth in the Federal Animal Welfare Act including, but not limited to housing, temperature, ventilation, drainage, sanitation, food, water, exercise and veterinary care appropriate to the species and sufficient to maintain the wild animal in good health.
(7) An acknowledgment that the wild animal will not be tied, tethered, or chained outdoors, allowed to run at large and that the wild animal will not be brought to any public park or commercial or retail establishment unless it is being brought to a veterinarian or veterinary clinic.
(8) An acknowledgment that possession, harboring or owning such wild animal does not violate any applicable federal, state or local law.
b. The department shall set annual permit fees for the possession of wild animals pursuant to subdivision three of this section in an amount determined to be reasonable but not more than eighty dollars per year for each wild animal. Permit fees shall be used solely for the enforcement of this section.
5. Prior to denial or revocation of a permit issued pursuant to subdivision four of this section, the department shall hold a hearing upon due notice to the person who owns, harbors or possesses the wild animal, at which such person shall have the opportunity to be heard. The provisions of the state administrative procedure act shall apply at proceedings held in accordance with this subdivision. The decision to deny or revoke a permit under this section shall be appealable.
6. Any person in possession of a wild animal as a pet that has been granted a permit pursuant to subdivision for of this section shall not breed, sell, trade, barter or exchange such wild animal.
7. A person possessing, owning or harboring a wild animal who is denied a permit pursuant to subdivision four of this section, or whose permit is revoked, shall surrender such wild animal to the department or an authorized agent thereof or a peace officer of this state or a duly incorporated society for the prevention of cruelty to animals.
8. The department, any peace officer of this state or a duly incorporated society for the prevention of cruelty to animals is hereby authorized to enforce the provisions of this section and issue notices of violation to persons in violation of this section, and shall have the authority to seize any wild animal held in violation of this section. Wild animals seized or surrendered pursuant to the provisions of this section shall be transferred to a duly incorporated wildlife sanctuary as defined in this section, or a zoological facility accredited by the American Association of Zoological Parks and Aquariums, or shall be humanely euthanized. The department shall also have the authority to seek injunctive relief in any court of appropriate jurisdiction to prevent continued violations of this section.
9. Notwithstanding any other provision of law, any person who knowingly breeds a wild animal or knowingly possesses, owns, harbors, sells, barters, transfers, exchanges, or imports a wild animal for use as a pet in violation of the provisions of this section shall be subject to the penalty of not more than five hundred dollars for the fist offense and not more than one thousand dollars for a second and subsequent offenses. Each instance of breeding, owning, harboring, sale, barter, transfer, exchange, or import of a wild animal in violation of this section shall constitute a separate offense.
10. Nothing contained in this section shall prevent any city, town or county from enacting more restrictive provisions governing the possession of wild animals for use as pets.
§ 6. The environmental conservation law is amended by adding a new section 11-0516 to read as follows:
<< NY ENVIR CONSER § 11-0516 >>
§ 11-0516. Licenses to possess reptiles for exhibition purposes
Notwithstanding any other provision of law to the contrary, the department may issue to any person a license revocable at its pleasure to collect or possess reptiles that are prohibited under this chapter, for exhibition purposes. However, a license to possess a venomous snake or snake of the boidae family pursuant to this section shall not allow a licensee to exhibit such snake in a school housing any grades prekindergarten through twelve. The department shall adopt regulations concerning the qualifications and duties of reptile exhibitors and the procedures for license issuance and revocation, including requiring a licensee to attend a four hour course approved by the department in one or more of the following areas of specialization:
1. crocodilians;
2. boids;
3. large monitor lizards; or
4. venomous snakes.
§ 7. This act shall take effect January 1, 2005 ; provided however that the department of environmental conservation shall promulgate any rules and regulations necessary for the implementation of this act on or before such effective date.
NY LEGIS 692 (2004)
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