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New NY Law Regarding Monitors and LARGE Boids among other things

Discussion in 'Herp Awareness' started by Microscope Jockey, Nov 18, 2004.

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  1. Microscope Jockey

    Microscope Jockey Elite Member

    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{.};
     
  2. Microscope Jockey

    Microscope Jockey Elite Member

    The rest of it....

    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 (8) 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

    A. 11753--A 4

    1 appropriate jurisdiction to prevent continued violations of this
    2 section.
    3 S 3. Section 11-0516 of the environmental conservation law, as added
    4 by a chapter of the laws of 2004, amending the environmental conserva-
    5 tion law relating to prohibiting the possession of wild animals as pets
    6 in New York state, as proposed in legislative bills numbers S.7616 and
    7 A.2684-F, is amended to read as follows:
    8 S 11-0516. Licenses to possess reptiles for exhibition purposes.
    9 Notwithstanding any other provision of law to the contrary, the
    10 department may issue to any person a license revocable at its pleasure
    11 to collect or possess reptiles that are prohibited under this chapter,
    12 for exhibition purposes. However, a license to possess a venomous snake
    13 or snake {of the boidae family} LISTED IN SUBPARAGRAPH FIVE OF PARAGRAPH
    14 E OF SUBDIVISION SIX OF SECTION 11-0103 OF THIS ARTICLE pursuant to this
    15 section shall not allow a licensee to exhibit such snake in a school
    16 housing any grades prekindergarten through twelve. The department shall
    17 adopt regulations concerning the qualifications and duties of reptile
    18 exhibitors and the procedures for license issuance and revocation,
    19 including requiring a licensee to attend a four hour course approved by
    20 the department in one or more of the following areas of specialization:
    21 1. crocodilians;
    22 2. boids;
    23 3. large monitor lizards; or
    24 4. venomous snakes.
    25 S 4. This act shall take effect on the same date and in the same
    26 manner as a chapter of the laws of 2004, amending the environmental
    27 conservation law relating to prohibiting the possession of wild animals
    28 as pets in New York state, as proposed in legislative bills numbers S.
    29 7616 and A. 2684-F, takes effect. .SO DOC A 11753A
     
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