S T A T E O F N E W Y O R K
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7616
I N S E N A T E
June 19, 2004
___________
Introduced by Sens. MARCELLINO, BALBONI, MALTESE, MARCHI -- read twice
and ordered printed, and when printed to be committed to the Committee
on Rules
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 ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings. The legislature finds that keeping
2 exotic animals as pets poses a serious threat to the health and safety
3 of New York state residents. Wild animals, including but not limited to,
4 monkeys, tigers and venomous snakes, are readily available for purchase
5 throughout New York state.
6 Across the country, children have been mauled by tigers, asphyxiated
7 by snakes, and bitten by monkeys. Wild animals kept as pets can transmit
8 serious diseases to people, including Herpes B, Salmonella and Ebola
9 virus.
10 Recapture of escaped wild animals is an expensive and perilous endeav-
11 or for municipalities. Other states already prohibit private ownership
12 of certain wild animals as pets, a position supported by the United
13 States Department of Agriculture (USDA), the Centers for Disease Control
14 (CDC) and the American Veterinary Medical Association (AVMA). New York
15 must take similar steps to ensure the protection of the public and the
16 humane treatment of wild animals.
17 S 2. Subdivision 6 of section 11-0103 of the environmental conserva-
18 tion law is amended by adding a new paragraph e to read as follows:
19 E. "WILD ANIMAL" SHALL NOT INCLUDE "COMPANION ANIMAL" AS DEFINED IN
20 SECTION THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW. WILD
21 ANIMAL INCLUDES, AND IS LIMITED TO, ANY OR ALL OF THE FOLLOWING ORDERS
22 AND FAMILIES:
23 (1) NONHUMAN PRIMATES AND PROSIMIANS,
24 (2) FELIDAE (WITH THE EXCEPTION OF DOMESTICATED AND FERAL CATS, WHICH
25 SHALL MEAN DOMESTICATED CATS THAT WERE FORMERLY OWNED AND THAT HAVE BEEN
26 ABANDONED AND THAT ARE NO LONGER SOCIALIZED, AS WELL AS OFFSPRING OF
27 SUCH CATS), AND HYBRIDS THEREOF,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD04272-19-4
S. 7616 2
1 (3) CANIDAE (WITH THE EXCEPTION OF DOMESTICATED DOGS),
2 (4) URSIDAE,
3 (5) ALL REPTILES THAT ARE VENOMOUS BY NATURE, PURSUANT TO DEPARTMENT
4 REGULATION, AND THE FOLLOWING SPECIES AND FAMILIES: BOIDAE FAMILY,
5 ASIATIC (WATER) MONITOR (V. SALVATOR), NILE MONITOR (V. NILOCITUS),
6 WHITE THROAT MONITOR (V. ALBIGULARUS), BLACK THROAT MONITOR (V. ALBIGU-
7 LARUS IONIDES) AND CROCODILE MONITOR (V. SALVADORI) AND ANY HYBRID THER-
8 EOF,
9 (6) CROCODILIA.
10 S 3. Section 11-0103 of the environmental conservation law is amended
11 by adding two new subdivisions 31 and 32 to read as follows:
12 31. "PET" MEANS AN ANIMAL KEPT FOR THE PRIMARY PURPOSE OF COMPANION-
13 SHIP THAT IS NORMALLY MAINTAINED IN OR NEAR THE HOUSEHOLD OF THE OWNER
14 OR PERSON WHO CARES FOR SUCH DOMESTICATED ANIMAL.
15 32. "WILDLIFE SANCTUARY" MEANS AN ORGANIZATION AS DESCRIBED IN SECTION
16 170(B)(1)(A)(VI) OF THE INTERNAL REVENUE CODE OF 1986, AND APPROVED BY
17 THE ASSOCIATION OF SANCTUARIES OR THE AMERICAN SANCTUARY ASSOCIATION,
18 AND THAT OPERATES A PLACE OF REFUGE WHERE ABUSED, NEGLECTED, UNWANTED,
19 IMPOUNDED, ABANDONED, ORPHANED, OR DISPLACED WILD ANIMALS ARE PROVIDED
20 CARE FOR THEIR LIFETIME OR REHABILITATED AND RELEASED BACK TO THEIR
21 NATURAL HABITAT, AND, WITH RESPECT TO ANY ANIMAL OWNED BY THE ORGANIZA-
22 TION, DOES NOT:
23 A. USE THE ANIMAL FOR ANY TYPE OF ENTERTAINMENT, RECREATIONAL OR
24 COMMERCIAL PURPOSE;
25 B. SELL, TRADE, LEND OR BARTER THE ANIMAL OR THE ANIMAL`S BODY PARTS;
26 OR
27 C. BREED THE ANIMAL.
28 S 4. Section 11-0511 of the environmental conservation law, as amended
29 by chapter 432 of the laws of 1997, is amended to read as follows:
30 S 11-0511. Possession and transportation of wildlife.
31 {No} SUBJECT TO THE PROVISIONS OF SECTION 11-0512 OF THIS ARTICLE, NO
32 person shall, except under a license or permit first obtained from the
33 department containing the prominent warning notice specified in subdivi-
34 sion nine of section 11-0917 of this article, possess, transport or
35 cause to be transported, imported or exported any live wolf, wolfdog,
36 coyote, coydog, fox, skunk, venomous reptile or raccoon, endangered
37 species designated pursuant to section 11-0535 {hereof} OF THIS TITLE,
38 species named in section 11-0536 OF THIS TITLE or other species of
39 native or non-native live wildlife or fish where the department finds
40 that possession, transportation, importation or exportation of such
41 species of wildlife or fish would present a danger to the health or
42 welfare of the people of the state, an individual resident or indigenous
43 fish or wildlife population. Environmental conservation officers, forest
44 rangers and members of the state police may seize every such animal
45 possessed without such license or permit. No action for damages shall
46 lie for such seizure, and disposition of seized animals shall be at the
47 discretion of the department.
48 S 5. The environmental conservation law is amended by adding a new
49 section 11-0512 to read as follows:
50 S 11-0512. POSSESSION, SALE, BARTER, TRANSFER, EXCHANGE AND IMPORT OF
51 WILD ANIMALS AS PETS PROHIBITED.
52 1. NO PERSON SHALL KNOWINGLY POSSESS, HARBOR, SELL, BARTER, TRANSFER,
53 EXCHANGE OR IMPORT ANY WILD ANIMAL FOR USE AS A PET IN NEW YORK STATE,
54 EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION.
S. 7616 3
1 2. THIS SECTION SHALL NOT APPLY TO THE FOLLOWING PERSONS AND ENTITIES
2 WITH RESPECT TO WILD ANIMALS OWNED OR HARBORED BY THEM SOLELY FOR A
3 PURPOSE OTHER THAN FOR USE AS A PET:
4 A. ZOOLOGICAL FACILITIES LICENSED PURSUANT TO 7 USC. SEC. 2132 ET.
5 SEQ. AND ACCREDITED BY AAZPA (AMERICAN ASSOCIATION OF ZOOLOGICAL PARKS
6 AND AQUARIUMS);
7 B. EXHIBITORS LICENSED PURSUANT TO THE ANIMAL WELFARE ACT, 7 USC.
8 SECTIONS 2132-2134 WHO HAVE DEMONSTRATED TO THE DEPARTMENT, IN ACCORD-
9 ANCE WITH REGULATIONS PROMULGATED BY THE COMMISSIONER, THAT THE SOLE
10 PURPOSE FOR WHICH THE WILD ANIMAL OR ANIMALS ARE USED IS FOR EXHIBITION
11 TO THE PUBLIC FOR PROFIT OR COMPENSATION;
12 C. RESEARCH FACILITIES AS DEFINED IN THE ANIMAL WELFARE ACT, 7 USC.
13 SECTION 2132 (E), 2 (E) WHICH ARE LICENSED BY THE UNITED STATES SECRE-
14 TARY OF AGRICULTURE AND APPROVED UNDER APPLICABLE STATE LAW;
15 D. LICENSED VETERINARIANS AND INCORPORATED HUMANE SOCIETIES, ANIMAL
16 SHELTERS, SOCIETIES FOR THE PREVENTION OF CRUELTY TO ANIMALS OR ANIMAL
17 WELFARE ORGANIZATIONS IN TEMPORARY POSSESSION OF WILD ANIMALS;
18 E. STATE UNIVERSITIES OR OTHER STATE AGENCIES WORKING WITH WILD
19 ANIMALS;
20 F. WILDLIFE REHABILITATORS LICENSED PURSUANT TO THE PROVISIONS OF
21 SUBDIVISION THREE OF SECTION 11-0515 OF THIS TITLE AND REGULATIONS
22 PROMULGATED THEREUNDER, WHO ARE TENDING TO SICK OR INJURED WILD ANIMALS;
23 G. A PERSON HAVING CUSTODY OF A WILD ANIMAL SOLELY FOR THE PURPOSE OF
24 TRANSPORTING IT TO A LICENSED VETERINARIAN, WILDLIFE REHABILITATOR,
25 HUMANE SOCIETY OR OTHER ENTITY AUTHORIZED BY THIS SECTION TO HANDLE OR
26 TREAT WILD ANIMALS;
27 H. A WILDLIFE SANCTUARY AS DEFINED IN SUBDIVISION THIRTY-TWO OF
28 SECTION 11-0103 OF THIS ARTICLE;
29 I. A PERSON WITH A FALCONRY OR HAWK LICENSE PURSUANT TO SECTION
30 11-1003 OF THIS ARTICLE;
31 J. A PERSON WHO IS NOT A RESIDENT OF THIS STATE WHO IS IN THE STATE
32 ONLY FOR THE PURPOSE OF TRAVELLING BETWEEN LOCATIONS OUTSIDE THE STATE.
33 IN NO EVENT SHALL THIS TIME PERIOD EXCEED TEN DAYS;
34 K. REPTILE EXHIBITORS LICENSED PURSUANT TO SECTION 11-0516 OF THIS
35 TITLE.
36 3. ANY PERSON WHO POSSESSES OR HARBORS A WILD ANIMAL FOR USE AS A PET
37 AT THE TIME THAT THIS SECTION TAKES EFFECT MAY RETAIN POSSESSION OF SUCH
38 ANIMAL FOR THE REMAINDER OF ITS LIFE, PROVIDED THAT SUCH PERSON:
39 A. HAS NOT BEEN CONVICTED OF ANY OFFENSE RELATING TO CRUELTY TO
40 ANIMALS OR UNDER A JUDICIAL ORDER PROHIBITING POSSESSION OF ANIMALS;
41 B. APPLIES TO THE DEPARTMENT WITHIN SIXTY DAYS OF THE EFFECTIVE DATE
42 OF THIS SECTION, AND OBTAINS FROM THE DEPARTMENT, A PERMIT PURSUANT TO
43 SUBDIVISION FOUR OF THIS SECTION; AND
44 C. COMPLIES WITH ALL RULES AND REGULATIONS ESTABLISHED BY THE DEPART-
45 MENT AS REQUISITES FOR OWNERSHIP OF SUCH WILD ANIMAL.
46 4. THE DEPARTMENT SHALL BE REQUIRED TO ISSUE PERMITS AUTHORIZING
47 POSSESSION OF WILD ANIMALS ONLY TO THOSE PERSONS WHO COMPLY WITH THE
48 PROVISIONS OF SUBDIVISION THREE OF THIS SECTION AND WITH ANY REGULATIONS
49 PROMULGATED BY THE DEPARTMENT THEREUNDER. SUCH PERMITS SHALL BE VALID
50 IN ANY JURISDICTION WITHIN THE STATE WHERE POSSESSION OF A WILD ANIMAL
51 IS NOT PROHIBITED BY LOCAL LAW AND SHALL BE RENEWABLE BIENNIALLY ANNUAL-
52 LY SUBJECT TO CONTINUED COMPLIANCE WITH THE PROVISIONS OF THIS SECTION
53 AND WITH ANY REGULATIONS PROMULGATED THEREUNDER. THE DEPARTMENT SHALL
54 FORWARD COPIES OF SUCH PERMITS TO THE CLERK OF THE CITY, TOWN OR VILLAGE
55 IN WHICH EACH WILD ANIMAL IS HARBORED.
S. 7616 4
1 A. PERMIT APPLICATIONS SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, THE
2 FOLLOWING:
3 (1) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE PERSON WHO OWNS,
4 POSSESSES OR HARBORS THE WILD ANIMAL OR ANIMALS, INCLUDING AN ACKNOWL-
5 EDGMENT THAT THE PERSON WHO OWNS, POSSESSES OR HARBORS THE WILD ANIMAL
6 OR ANIMALS IS TWENTY-ONE YEARS OF AGE OR OLDER.
7 (2) THE ADDRESS OF THE LOCATION WHERE THE WILD ANIMAL OR ANIMALS WILL
8 BE KEPT, IF DIFFERENT FROM THE ABOVE.
9 (3) A DETAILED DESCRIPTION OF EACH WILD ANIMAL OWNED, POSSESSED OR
10 HARBORED, INCLUDING SPECIES, GENDER, AGE AND ANY IDENTIFYING CHARACTER-
11 ISTICS.
12 (4) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE VETERINARIAN, WHO
13 WILL 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 ESTABLISHING THAT THE LOCATION IN WHICH THE
17 WILD ANIMAL WILL BE KEPT COMPLIES WITH ALL STANDARDS OF CARE PROMULGATED
18 BY THE DEPARTMENT, BUT AT MINIMUM COMPLIES WITH THE STANDARDS FOR ANIMAL
19 CARE SET FORTH IN THE FEDERAL ANIMAL WELFARE ACT INCLUDING, BUT NOT
20 LIMITED TO HOUSING, TEMPERATURE, VENTILATION, DRAINAGE, SANITATION,
21 FOOD, WATER, EXERCISE AND VETERINARY CARE APPROPRIATE TO THE SPECIES AND
22 SUFFICIENT TO MAINTAIN THE WILD ANIMAL IN GOOD HEALTH.
23 (7) AN ACKNOWLEDGMENT THAT THE WILD ANIMAL WILL NOT BE TIED, TETHERED,
24 OR CHAINED OUTDOORS, ALLOWED TO RUN AT LARGE AND THAT THE WILD ANIMAL
25 WILL NOT BE BROUGHT TO ANY PUBLIC PARK OR COMMERCIAL OR RETAIL ESTAB-
26 LISHMENT UNLESS IT IS BEING BROUGHT TO A VETERINARIAN OR VETERINARY
27 CLINIC.
28 (8) AN ACKNOWLEDGMENT THAT POSSESSION, HARBORING OR OWNING SUCH WILD
29 ANIMAL DOES NOT VIOLATE ANY APPLICABLE FEDERAL, STATE OR LOCAL LAW.
30 B. THE DEPARTMENT SHALL SET ANNUAL PERMIT FEES FOR THE POSSESSION OF
31 WILD ANIMALS PURSUANT TO SUBDIVISION THREE OF THIS SECTION IN AN AMOUNT
32 DETERMINED TO BE REASONABLE BUT NOT MORE THAN EIGHTY DOLLARS PER YEAR
33 FOR EACH WILD ANIMAL. PERMIT FEES SHALL BE USED SOLELY FOR THE ENFORCE-
34 MENT OF THIS SECTION.
35 5. PRIOR TO DENIAL OR REVOCATION OF A PERMIT ISSUED PURSUANT TO SUBDI-
36 VISION FOUR OF THIS SECTION, THE DEPARTMENT SHALL HOLD A HEARING UPON
37 DUE NOTICE TO THE PERSON WHO OWNS, HARBORS OR POSSESSES THE WILD ANIMAL,
38 AT WHICH SUCH PERSON SHALL HAVE THE OPPORTUNITY TO BE HEARD. THE
39 PROVISIONS OF THE STATE ADMINISTRATIVE PROCEDURE ACT SHALL APPLY AT
40 PROCEEDINGS HELD IN ACCORDANCE WITH THIS SUBDIVISION. THE DECISION TO
41 DENY OR REVOKE A PERMIT UNDER THIS SECTION SHALL BE APPEALABLE.
42 6. ANY PERSON IN POSSESSION OF A WILD ANIMAL AS A PET THAT HAS BEEN
43 GRANTED A PERMIT PURSUANT TO SUBDIVISION FOUR OF THIS SECTION SHALL NOT
44 BREED, SELL, TRADE, BARTER OR EXCHANGE SUCH WILD ANIMAL.
45 7. A PERSON POSSESSING, OWNING OR HARBORING A WILD ANIMAL WHO IS
46 DENIED A PERMIT PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, OR WHOSE
47 PERMIT IS REVOKED, SHALL SURRENDER SUCH WILD ANIMAL TO THE DEPARTMENT OR
48 AN AUTHORIZED AGENT THEREOF OR A PEACE OFFICER OF THIS STATE OR A DULY
49 INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS.
50 8. THE DEPARTMENT, ANY PEACE OFFICER OF THIS STATE OR A DULY INCORPO-
51 RATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS IS HEREBY AUTHOR-
52 IZED TO ENFORCE THE PROVISIONS OF THIS SECTION AND ISSUE NOTICES OF
53 VIOLATION TO PERSONS IN VIOLATION OF THIS SECTION, AND SHALL HAVE THE
54 AUTHORITY TO SEIZE ANY WILD ANIMAL HELD IN VIOLATION OF THIS SECTION.
55 WILD ANIMALS SEIZED OR SURRENDERED PURSUANT TO THE PROVISIONS OF THIS
56 SECTION SHALL BE TRANSFERRED TO A DULY INCORPORATED WILDLIFE SANCTUARY
S. 7616 5
1 AS DEFINED IN THIS SECTION, OR A ZOOLOGICAL FACILITY ACCREDITED BY THE
2 AMERICAN ASSOCIATION OF ZOOLOGICAL PARKS AND AQUARIUMS, OR SHALL BE
3 HUMANELY EUTHANIZED. THE DEPARTMENT SHALL ALSO HAVE THE AUTHORITY TO
4 SEEK INJUNCTIVE RELIEF IN ANY COURT OF APPROPRIATE JURISDICTION TO
5 PREVENT CONTINUED VIOLATIONS OF THIS SECTION.
6 9. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY PERSON WHO KNOWING-
7 LY BREEDS A WILD ANIMAL OR KNOWINGLY POSSESSES, OWNS, HARBORS, SELLS,
8 BARTERS, TRANSFERS, EXCHANGES, OR IMPORTS A WILD ANIMAL FOR USE AS A PET
9 IN VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO THE
10 PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR THE FIRST OFFENSE AND
11 NOT MORE THAN ONE THOUSAND DOLLARS FOR A SECOND AND SUBSEQUENT OFFENSES.
12 EACH INSTANCE OF BREEDING, OWNING, HARBORING, SALE, BARTER, TRANSFER,
13 EXCHANGE, OR IMPORT OF A WILD ANIMAL IN VIOLATION OF THIS SECTION SHALL
14 CONSTITUTE A SEPARATE OFFENSE.
15 10. NOTHING CONTAINED IN THIS SECTION SHALL PREVENT ANY CITY, TOWN OR
16 COUNTY FROM ENACTING MORE RESTRICTIVE PROVISIONS GOVERNING THE
17 POSSESSION OF WILD ANIMALS FOR USE AS PETS.
18 S 6. The environmental conservation law is amended by adding a new
19 section 11-0516 to read as follows:
20 S 11-0516. LICENSES TO POSSESS REPTILES FOR EXHIBITION PURPOSES.
21 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
22 DEPARTMENT MAY ISSUE TO ANY PERSON A LICENSE REVOCABLE AT ITS PLEASURE
23 TO COLLECT OR POSSESS REPTILES THAT ARE PROHIBITED UNDER THIS CHAPTER,
24 FOR EXHIBITION PURPOSES. HOWEVER, A LICENSE TO POSSESS A VENOMOUS SNAKE
25 OR SNAKE OF THE BOIDAE FAMILY PURSUANT TO THIS SECTION SHALL NOT ALLOW A
26 LICENSEE TO EXHIBIT SUCH SNAKE IN A SCHOOL HOUSING ANY GRADES PREKINDER-
27 GARTEN THROUGH TWELVE. THE DEPARTMENT SHALL ADOPT REGULATIONS CONCERN-
28 ING THE QUALIFICATIONS AND DUTIES OF REPTILE EXHIBITORS AND THE PROCE-
29 DURES FOR LICENSE ISSUANCE AND REVOCATION, INCLUDING REQUIRING A
30 LICENSEE TO ATTEND A FOUR HOUR COURSE APPROVED BY THE DEPARTMENT IN ONE
31 OR MORE OF THE FOLLOWING AREAS OF SPECIALIZATION:
32 1. CROCODILIANS;
33 2. BOIDS;
34 3. LARGE MONITOR LIZARDS; OR
35 4. VENOMOUS SNAKES.
36 S 7. This act shall take effect January 1, 2005; provided however that
37 the department of environmental conservation shall promulgate any rules
38 and regulations necessary for the implementation of this act on or
39 before such effective date.
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