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CHAPTER TEXT:


               LAWS OF NEW YORK, 2005

                     CHAPTER 10

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

Became a law March 15, 2005, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The  People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. Paragraph e of subdivision 6  of  section  11-0103  of  the
environmental conservation law, as amended by chapter 693 of the laws of
2004, is amended to read as follows:
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 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 [families]  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
(More-
lia amethistina [kinhorni] and Morelia kinghorni), Indian Python (Python
molurus),  Asiatic (water) Monitor ([V.] Varanus salvator), Nile Monitor
([V.] Varanus nilocitus), White Throat Monitor ([V. albigularus] Varanus
albigularis), Black Throat Monitor ([V. albigularus] Varanus albigularis
ionides) and Crocodile Monitor ([V.] Varanus salvadori),  Komodo  Dragon
(Varanus komodensis) and any hybrid thereof,
(6) [Crocodilia] Crocodylia.
§  2. Subdivision 32 of section 11-0103 of the environmental conserva-
tion law, as added by chapter 692 of the laws of  2004,  is  amended  to
read as follows:
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,]

EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law
                   to be omitted.

CHAP. 10                           2

and  that  is in compliance with all applicable provisions of the Animal
Welfare Act, 7 USC Sec.  2131 et seq. and operates  a  place  of  refuge
where  abused,  neglected,  unwanted, impounded, abandoned, orphaned,
or
displaced wild animals are provided care for their lifetime or rehabili-
tated  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  except  for the purpose of exhibition as defined by
the department;
b. Sell, trade, lend or barter the animal or the animal's body  parts;
or
c. Breed the animal.
§  3.  Section 11-0512 of the environmental conservation law, as added
by chapter 692 of the laws of 2004, subdivisions 2, 4 and 8  as  amended
by chapter 693 of the laws of 2004, is amended to read as follows:
§ 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  entities
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.]
2131  et seq.   [and accredited by AZA (American Zoological and Aquarium
Association)];
b. Exhibitors licensed pursuant to the  Animal  Welfare  Act,  7  USC.
Sections  2132-2134  and reptile exhibitors who have demonstrated to the
department, in accordance with regulations promulgated  by  the  commis-
sioner,  that  the sole purpose for 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 Secre-
tary 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,  private colleges or 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 sick 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 travelling 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                            CHAP. 10

1.] j. A person who is [completely] paralyzed from the neck  down  who
possesses  a [permit issued by the department for the possession of] new
world [monkeys otherwise prohibited under this title. Such permit  shall
be  revocable  at  the pleasure of the department and shall apply to the
possession  of  new  world  monkeys]  monkey trained to perform [simple]
tasks for its owner[. The department shall adopt regulations  concerning
the  training of such monkeys, proper care standards, and the procedures
for permit issuance  and  revocation.  Such  regulations  shall  include
requirements for the training and acclamation of the monkey, training in
the  proper  care and oversight of the monkey by both the person and his
or her caregiver or caregivers, and certification of the health  of  the
monkey]  by  an organization described in section 501(c) of the Internal
Revenue Code of 1986 and dedicated to improving the quality of  life  of
persons paralyzed from the neck down.
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] six months of the
effective date of this section,  and  obtains  from  the  department,  a
[permit] license pursuant to subdivision four of this section; and
c. Complies with all applicable federal, state, or local laws, includ-
ing  any  ordinance,  rule  or  regulation  adopted  by a local board of
health, or any rules and regulations established by  the  department  as
requisites for ownership of such wild animal.
4.  The  department  shall  be  required  to  issue [permits] licenses
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]
licenses  shall  be  valid  in  any  jurisdiction within the state where
possession of a wild animal is not prohibited by local law or ordinance,
rule or regulation adopted by a local board  of  health,  and  shall  be
renewable  biennially during the life of the animal subject to continued
compliance with the provisions of this section and with any  regulations
promulgated  thereunder.  The  department  shall  forward copies of such
[permits] licenses to the clerk of the city, town or  village  in  which
each wild animal is harbored.
a.  [Permit]  License  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 acknowl-
edgment 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, any identifying character-
istics, and an identification tag or tattoo if required by  the  depart-
ment,  with  proof,  acceptable  to  the department, that each such wild
animal was acquired prior to the effective date of this section.
(4) The name, address and telephone number of  the  veterinarian,  who
[will] has agreed to treat the wild animal.
(5)  An acknowledgment indicating that the wild animal or animals will
not be bred.

CHAP. 10                           4

(6)  A  detailed  [statement]  certification  establishing  that   the
location  in which the wild animal will be kept complies with all appro-
priate standards of care [promulgated by the  department,  but]  and  at
minimum  complies  with  the  standards for animal care set forth in the
Federal Animal Welfare Act and other applicable federal, state and local
standards,  including,  but  not limited to housing, temperature, venti-
lation, 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  estab-
lishment  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,
including any ordinance, rule or regulation adopted by a local board  of
health.
b.  The  department  shall  set biennial [permit] license 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]  one
hundred  seventy-five  dollars  for  two  years  for  each  wild animal.
[Permit] License fees shall be used solely for  the  implementation  and
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.] to  the
denial or revocation of a license.
6.  Any  person  in possession of a wild animal as a pet that has been
granted a [permit] license pursuant to subdivision four of this  section
shall not breed, or sell, trade, barter or exchange such wild animal.
7.  A  person  possessing,  owning  or  harboring a wild animal who is
denied a [permit] license pursuant to subdivision four of this  section,
or  whose  [permit] license is revoked, shall surrender such wild animal
to the department or an authorized agent thereof at  a  location  desig-
nated  by the department for such surrender or a police or peace officer
of this state, a local animal control officer, or  a  duly  incorporated
society  for the prevention of cruelty to animals, or provide proof that
the animal has been humanely euthanized according to American
Veterinary
Medical Association standards by a licensed veterinarian.
8. The department, any police or peace officer of this state, a  local
animal   control  officer,  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.  A county society for the
prevention  of cruelty to animals must obtain a warrant before seizing a
wild animal or arresting a person who owns or possesses  a  wild  animal
under  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 Zoological  and  Aquarium  Association],  or

                         5                            CHAP. 10

shall  be humanely euthanized. Any costs associated with seizing, trans-
ferring or euthanizing a wild animal shall be borne by  the  person  who
owned,  harbored or possessed the animal. 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 knowing-
ly 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]
a  penalty  of  not more than five hundred dollars for the first 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.
§  4.  Section  11-0516  of  the  environmental  conservation  law  is
REPEALED.
§ 5. This act shall take effect immediately.

The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of  the  Public
Officers  Law,  we  hereby  jointly  certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.

JOSEPH L. BRUNO                                     SHELDON SILVER
Temporary President of the Senate                Speaker of the Assembly


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