I just got this from Alan Salzburg's Herp Digest I highlighted the pertinent part with red text since I didn't think it was appropriate to chop up a law since it could be taken out of context. The first couple of bits are an intro and comments from Mr. Salzburg:
On November 3rd, Governor Pataki signed into law a measure that will ban the keeping of certain exotic animals as pets in New York State. S. 7616 (and A.11753-A a chapter amendment to that bill) make it illegal to keep primates, large cats and many dangerous snakes as pets in New York. Those owning prohibited animals on January 1st, when the new law takes effect, will be permitted to keep them provided that they can comply with stringent animal care and public safety requirements.
The chapter amendment to the law makes technical changes in addition to expressly permitting ownership of New World monkeys trained to assist people who are paralyzed from the neck down. Such ownership will be predicated on securing a permit from the state.
Stopping the private ownership of wild animals inherently unsuited to live as family pets will help prevent senseless tragedies that result when these animals attack their owners, escape from their homes, or are abandoned when they become too difficult to handle.
Please thank Governor Pataki for signing these important animal welfare measures into law. He can be reached at (518) 474-8390, or by going to
www.state.ny.us/governor/, and clicking on “contact the governor”.
Sincerely,
Stacy Wolf, Esq.
Director - Legislative Services
National Shelter Outreach
__________________________________________________ _________________
Latest Version of New Law In New York State That I could find. But I am told no changes have been Made.
Since the law goes into affect January 1st, I would strongly advise checking with your local authorities for a more definitive explanation of the law and how it relates to your herps. __________________________________________________ _____________________________
Text of Law Posted on Net, Dated as of 10/22/04
Things to note:
1) This law has nothing to do with any other herp than those listed. You can still keep your red-eared sliders, bearded dragons, corn snakes and leopard geckoes. So unless you are into big herps don’t freak out.
2) If I am wrong in my interpretation of the law, which I might be. This is often true when a new law is enacted the Department designated to carry out the law has to then develop its own procedures and regulations to properly enforce the law. Until then local law officers have the power to interpret the law as they see fit. So please tell me of any errors or new regulations.
.3) First time I’ve seen in any state level law specific species banned as in the monitors and boas. Usually the language is either “all poisonous reptiles,” All of the Varanus genus, reptiles that grow over 10 feet in length, or that a specific department, usually, the local version of Fish & Wildlife, determines to be harmful or dangerous.
4) Species of the herps specified can’t be kept, or exhibited in any school grades pre-kindergarten through twelve.
5) All registered law enforcement officers, including people from the local SPCA and Humane Society, not just government officials like police and representatives from the Department of Fish and Game can enforce this law. (This means a secretary from the local SPCA can’t enforce the law, but an SPCA officer designated by the city, state or local county can.)
6) People can’t openly carry these animals unless heading to a veterinarian or recognized licensed animal facility. (No more people showing off their boa constrictors through the streets of your city.)
7) In your application for a permit to keep one of these animals you must list where it is to be kept, who the vet is, and that it can be distinguished easily from others of its species. (Eventually this usually means tattoos or pit tagging)
7) The State has the ability to set permit fees for permitted individuals of these species.
8) You are not allowed, period, to breed the listed species.
__________________________________________________ ______
S T A T E O F N E W Y O R K
Text of S.7616 and A.11753-A
11753--A
I N A S S E M B L Y
July 12, 2004
___________
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 qnd 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 ASSEMBLY,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{.};
