New law for N.Y. that could spread to other states.
S T A T E O F N E W Y O R K
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11753--A
I N A S S E M B L Y
July 12, 2004
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Tonko) --
read once and referred to the Committee on Environmental Conservation
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the environmental conservation law, in relation to the
possession of wild animals 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. Paragraph e of subdivision 6 of section 11-0103 of the
2 environmental conservation law, as added by a chapter of the laws of
3 2004, amending the environmental conservation law relating to prohibit-
4 ing the possession of wild animals as pets in New York state, as
5 proposed in legislative bills numbers S. 7616 and A. 2684-F, is amended
6 to read as follows:
7 e. "Wild animal" shall not include "companion animal" as defined in
8 section three hundred fifty of the agriculture and markets law. Wild
9 animal includes, and is limited to, any or all of the following orders
10 and families:
11 (1) Nonhuman primates and prosimians,
12 (2) Felidae (with the exception of domesticated and feral cats, which
13 shall mean domesticated cats that were formerly owned and that have been
14 abandoned and that are no longer socialized, as well as offspring of
15 such cats), and hybrids thereof,
16 (3) Canidae (with the exception of domesticated dogs AND FENNEC FOXES
17 (VULPES ZERDA)),
18 (4) Ursidae,
19 (5) All reptiles that are venomous by nature, pursuant to department
20 regulation, and the following species and families: {Boidae family}
21 BURMESE PYTHON (PYTHON M. BIVITTATUS), RETICULATED PYTHON (PYTHON RETI-
22 CULATUS), AFRICAN ROCK PYTHON (PYTHON SABAE), GREEN ANACONDA (EUNECTES
23 MAURINUS), YELLOW ANACONDA (EUNECTES NOTAEUS) , AUSTRALIAN AMETHYSTINE
24 PYTHON (MORELIA AMETHISTINA KINHORNI), INDIAN PYTHON (PYTHON MOLURUS),
25 Asiatic (water) Monitor (V. {Salvator} SALVATOR), Nile Monitor (V.
26 {Nilocitus} NILOCITUS), White Throat Monitor (V. {Albigularus} ALBIGULA-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD18549-03-4
A. 11753--A 2
1 RUS), Black Throat Monitor (V. {Albigularus Ionides} ALBIGULARUS
2 IONIDES) and Crocodile Monitor (V. {Salvadori} SALVADORI) and any hybrid
3 thereof,
4 (6) Crocodilia.
5 S 2. Subdivisions 2, 4 and 8 of section 11-0512 of the environmental
6 conservation law, as added by a chapter of the laws of 2004, amending
7 the environmental conservation law relating to prohibiting the
8 possession of wild animals as pets in New York state, as proposed in
9 legislative bills numbers S. 7616 and A. 2684-F, are amended to read as
10 follows:
11 2. This section shall not apply to the following persons and entities
12 with respect to wild animals owned or harbored by them solely for a
13 purpose other than for use as a pet:
14 a. Zoological facilities licensed pursuant to 7 USC. Sec. 2132 et.
15 seq. and accredited by {AAZPA (American Association of Zoological Parks
16 and Aquariums)} AZA (AMERICAN ZOOLOGICAL AND AQUARIUM ASSOCIATION);
17 b. Exhibitors licensed pursuant to the Animal Welfare Act, 7 USC.
18 Sections 2132-2134 who have demonstrated to the department, in accord-
19 ance with regulations promulgated by the commissioner, that the sole
20 purpose for which the wild animal or animals are used is for exhibition
21 to the public for profit or compensation;
22 c. Research facilities as defined in the Animal Welfare Act, 7 USC.
23 Section 2132 (e), 2 (e) which are licensed by the United States Secre-
24 tary of Agriculture and approved under applicable state law;
25 d. Licensed veterinarians and incorporated humane societies, animal
26 shelters, societies for the prevention of cruelty to animals or animal
27 welfare organizations in temporary possession of wild animals;
28 e. State universities or other state agencies working with wild
29 animals;
30 f. Wildlife rehabilitators licensed pursuant to the provisions of
31 subdivision three of section 11-0515 of this title and regulations
32 promulgated thereunder, who are tending to sick or injured wild animals;
33 g. A person having custody of a wild animal solely for the purpose of
34 transporting it to a licensed veterinarian, wildlife rehabilitator,
35 humane society or other entity authorized by this section to handle or
36 treat wild animals;
37 h. A wildlife sanctuary as defined in subdivision thirty-two of
38 section 11-0103 of this article;
39 i. A person with a falconry or hawk license pursuant to section
40 11-1003 of this article;
41 j. A person who is not a resident of this state who is in the state
42 only for the purpose of travelling between locations outside the state.
43 In no event shall this time period exceed ten days;
44 k. Reptile exhibitors licensed pursuant to section 11-0516 of this
45 title{.};
46 1. A PERSON WHO IS COMPLETELY PARALYZED FROM THE NECK DOWN WHO
47 POSSESSES A PERMIT ISSUED BY THE DEPARTMENT FOR THE POSSESSION OF NEW
48 WORLD MONKEYS OTHERWISE PROHIBITED UNDER THIS TITLE. SUCH PERMIT SHALL
49 BE REVOCABLE AT THE PLEASURE OF THE DEPARTMENT AND SHALL APPLY TO THE
50 POSSESSION OF NEW WORLD MONKEYS TRAINED TO PERFORM SIMPLE TASKS FOR ITS
51 OWNER. THE DEPARTMENT SHALL ADOPT REGULATIONS CONCERNING THE TRAINING OF
52 SUCH MONKEYS, PROPER CARE STANDARDS, AND THE PROCEDURES FOR PERMIT ISSU-
53 ANCE AND REVOCATION. SUCH REGULATIONS SHALL INCLUDE REQUIREMENTS FOR THE
54 TRAINING AND ACCLAMATION OF THE MONKEY, TRAINING IN THE PROPER CARE AND
55 OVERSIGHT OF THE MONKEY BY BOTH THE PERSON AND HIS OR HER CAREGIVER OR
56 CAREGIVERS, AND CERTIFICATION OF THE HEALTH OF THE MONKEY.
A. 11753--A 3
1 4. The department shall be required to issue permits authorizing
2 possession of wild animals only to those persons who comply with the
3 provisions of subdivision three of this section and with any regulations
4 promulgated by the department thereunder. Such permits shall be valid
5 in any jurisdiction within the state where possession of a wild animal
6 is not prohibited by local law and shall be renewable biennially {annu-
7 ally} subject to continued compliance with the provisions of this
8 section and with any regulations promulgated thereunder. The department
9 shall forward copies of such permits to the clerk of the city, town or
10 village in which each wild animal is harbored.
11 a. Permit applications shall include, but shall not be limited to, the
12 following:
13 (1) The name, address and telephone number of the person who owns,
14 possesses or harbors the wild animal or animals, including an acknowl-
15 edgment that the person who owns, possesses or harbors the wild animal
16 or animals is twenty-one years of age or older.
17 (2) The address of the location where the wild animal or animals will
18 be kept, if different from the above.
19 (3) A detailed description of each wild animal owned, possessed or
20 harbored, including species, gender, age {and}, any identifying charac-
21 teristics, AND AN IDENTIFICATION TAG OR TATTOO IF REQUIRED BY THE
22 DEPARTMENT.
23 (4) The name, address and telephone number of the veterinarian, who
24 will treat the wild animal.
25 (5) An acknowledgment indicating that the wild animal or animals will
26 not be bred.
27 (6) A detailed statement establishing that the location in which the
28 wild animal will be kept complies with all standards of care promulgated
29 by the department, but at minimum complies with the standards for animal
30 care set forth in the Federal Animal Welfare Act including, but not
31 limited to housing, temperature, ventilation, drainage, sanitation,
32 food, water, exercise and veterinary care appropriate to the species and
33 sufficient to maintain the wild animal in good health.
34 (7) An acknowledgment that the wild animal will not be tied, tethered,
35 or chained outdoors, allowed to run at large and that the wild animal
36 will not be brought to any public park or commercial or retail estab-
37 lishment unless it is being brought to a veterinarian or veterinary
38 clinic.
39 (
An acknowledgment that possession, harboring or owning such wild
40 animal does not violate any applicable federal, state or local law.
41 b. The department shall set {annual} BIENNIAL permit fees for the
42 possession of wild animals pursuant to subdivision three of this section
43 in an amount determined to be reasonable but not more than eighty
44 dollars {per year} FOR TWO YEARS for each wild animal. Permit fees shall
45 be used solely for the enforcement of this section.
46 8. The department, any peace officer of this state or a duly incorpo-
47 rated society for the prevention of cruelty to animals is hereby author-
48 ized to enforce the provisions of this section and issue notices of
49 violation to persons in violation of this section, and shall have the
50 authority to seize any wild animal held in violation of this section.
51 Wild animals seized or surrendered pursuant to the provisions of this
52 section shall be transferred to a duly incorporated wildlife sanctuary
53 as defined in this section, or a zoological facility accredited by the
54 American {Association of Zoological Parks and Aquariums} ZOOLOGICAL AND
55 AQUARIUM ASSOCIATION, or shall be humanely euthanized. The department
56 shall also have the authority to seek injunctive relief in any court of
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