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Re: possible NY legislation to criminalize wild pet trade
Hello,
Everybody living in New York State should e-mail their State Senator and
Representative asking to exempt fish. I just did!
Best,
George
Ken Simolo wrote:
>
> Tyrone, I hate to say it but we do have to worry. I live in New York
> State and so I read the draft of the bill about a month ago and
> warned a few people. The bill as currently written would prevent
> anyone from keeping any fish unless they obtained a specialized
> permit. This would even apply to goldfish. The only pets that were
> listed as exempt were dogs, cats, hamsters, and a few others. Fish
> of any sort were disturbingly absent from the exempt list. I believe
> it is prudent to have special permits for large exotics (tropical
> cats, etc.) that pose potential health risks but I would hate to see
> us have to get a permit to keep aquarium fish. The draft did not
> make it sound like many permits would be given since the examples
> listed were for zoos, veterinary schools, game parks, etc.
>
> I believe the intent of some of the bill is not so crazy but it's
> implementation as worded would be.
>
> Some interesting quotes from the bill:
>
> "Forcing wild animals to live in unnatural confinement among
> humans is both cruel and contrary to the interest of public health
> and security." This even applies to animals that are wild in nature
> but bread in captivity - see next quote.
>
> "WILD ANIMAL" SHALL MEAN ANY LIVE ANIMAL THAT IS WILD BY NATURE,
> WHETHER BRED IN THE WILD OR IN CAPTIVITY AND WHETHER OR NOT NATIVE
> TO NEW YORK STATE. WILD ANIMALS SHALL NOT INCLUDE "COMPANION
> ANIMALS" AS DEFINED IN SUBDIVISION THIRTY-FOUR OF THIS SECTION."
>
> Section 34 lists dogs, cats, horses, gerbils, even turtles but makes
> no mention of fish.
>
> But, fortunately for us current pet owners, all we have to do is what
> is copied below (sorry about the length) to keep our current pets
> including a minimum permit fee of $50 per animal (makes me glad that
> I have 100 fish tanks!). Definitely a case of potentially good
> intentions with extremely poor forethought and wording. I found it
> disturbing that a law could be so poorly written.
>
> Ken
>
> Well, as promised, here's what you would need to do to keep your existing pets:
>
> " 3. ANY PERSON WHO POSSESSES OR HARBORS A WILD ANIMAL FOR USE AS A PET
> 29 AT THE TIME THAT THIS SECTION TAKES EFFECT MAY RETAIN POSSESSION OF SUCH
> 30 ANIMAL FOR THE REMAINDER OF ITS LIFE, PROVIDED THAT SUCH PERSON:
> 31 A. HAS NOT BEEN CONVICTED OF ANY OFFENSE RELATING TO CRUELTY TO
> 32 ANIMALS OR INVOLVING VIOLATION OF A JUDICIAL ORDER PROHIBITING
> 33 POSSESSION OF ANIMALS;
> 34 B. APPLIES TO THE DEPARTMENT WITHIN SIXTY DAYS OF THE EFFECTIVE DATE
> 35 OF THIS SECTION, AND OBTAINS FROM THE DEPARTMENT, A PERMIT AUTHORIZING
> 36 POSSESSION OF A WILD ANIMAL; AND
> 37 C. COMPLIES WITH ALL RULES AND REGULATIONS ESTABLISHED BY THE DEPART-
> 38 MENT AS REQUISITES FOR ISSUANCE OF SUCH A PERMIT, INCLUDING BUT NOT
> 39 LIMITED TO PROOF OF THE FOLLOWING:
> 40 (1) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE PERSON WHO OWNS,
> 41 POSSESSES OR HARBORS THE WILD ANIMAL OR ANIMALS, INCLUDING A SWORN
> 42 STATEMENT THAT THE PERSON WHO OWNS, POSSESSES OR HARBORS THE WILD ANIMAL
> 43 OR ANIMALS IS TWENTY-ONE YEARS OF AGE OR OLDER.
> 44 (2) THE ADDRESS OF THE LOCATION WHERE THE WILD ANIMAL OR ANIMALS WILL
> 45 BE KEPT, IF DIFFERENT FROM THE ABOVE.
> 46 (3) A DETAILED DESCRIPTION OF EACH WILD ANIMAL OWNED, POSSESSED OR
> 47 HARBORED, INCLUDING SPECIES, GENDER, AGE AND ANY IDENTIFYING CHARACTER-
> 48 ISTICS.
> 49 (4) A PHOTOGRAPH OF EACH WILD ANIMAL OWNED, POSSESSED OR HARBORED.
> 50 (5) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE PERSON OR PERSONS
> 51 FROM WHOM THE WILD ANIMAL OR ANIMALS WAS OBTAINED.
> 52 (6) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE VETERINARIAN, WHO
> 53 WILL TREAT THE WILD ANIMAL, ACCOMPANIED BY AN AFFIDAVIT FROM THE VETERI-
> 54 NARIAN VERIFYING THAT HE OR SHE IS QUALIFIED AND WILLING TO TREAT THE
> 55 WILD ANIMAL OR ANIMALS.
>
> A. 7375--A 5
>
> 1 (7) A STATEMENT FROM THE TREATING VETERINARIAN ESTABLISHING EITHER
> 2 THAT THE WILD ANIMAL OR ANIMALS HAVE BEEN STERILIZED AND ARE INCAPABLE
> 3 OF REPRODUCING, OR A STATEMENT INDICATING THAT DUE TO ILLNESS OR AGE,
> 4 STERILIZATION IS NOT MEDICALLY RECOMMENDED.
> 5 (8) A STATEMENT FROM A LICENSED VETERINARIAN STATING THAT THE WILD
> 6 ANIMAL HAS HAD AN IDENTIFICATION NUMBER INSERTED IN ITS BODY VIA SUBCU-
> 7 TANEOUS MICROCHIP. THIS SECTION DOES NOT APPLY TO SNAKES OR OTHER
> 8 REPTILES IF A VETERINARIAN DETERMINES THAT INSERTION OF A SUBCUTANEOUS
> 9 MICROCHIP WOULD ENDANGER THE WELL BEING OF THE ANIMAL. IN THE LATTER
> 10 EVENT, THE OWNER SHALL PROVIDE A COPY OF THE STATEMENT FROM THE VETERI-
> 11 NARIAN SO ATTESTING.
> 12 (9) A SWORN STATEMENT INDICATING THAT THE WILD ANIMAL OR ANIMALS WILL
> 13 NOT BE BRED.
> 14 (10) A DETAILED STATEMENT ESTABLISHING THAT THE FACILITY IN WHICH THE
> 15 WILD ANIMAL WILL BE KEPT COMPLIES WITH ALL STANDARDS OF CARE PROMULGATED
> 16 BY THE DEPARTMENT, BUT AT MINIMUM COMPLIES WITH THE STANDARDS FOR ANIMAL
> 17 CARE SET FORTH IN THE FEDERAL ANIMAL WELFARE ACT INCLUDING, BUT NOT
> 18 LIMITED TO HOUSING, TEMPERATURE, VENTILATION, DRAINAGE, SANITATION,
> 19 FOOD, WATER, EXERCISE AND VETERINARY CARE APPROPRIATE TO THE SPECIES AND
> 20 SUFFICIENT TO MAINTAIN THE WILD ANIMAL IN GOOD HEALTH. THE STATEMENT
> 21 SHALL ALSO ESTABLISH THAT THE FACILITY IN WHICH THE WILD ANIMAL WILL BE
> 22 KEPT SUFFICIENTLY SIMULATES ITS NATURAL HABITAT TO MAINTAIN THE WILD
> 23 ANIMAL IN GOOD PHYSICAL AND EMOTIONAL HEALTH.
> 24 (11) A DETAILED STATEMENT ESTABLISHING THAT THE WILD ANIMAL WILL BE
> 25 KEPT IN A FACILITY THAT COMPLIES WITH ANY PUBLIC SAFETY STANDARDS ESTAB-
> 26 LISHED BY THE DEPARTMENT BUT THAT, AT MINIMUM, PROVIDES ADEQUATE SECURI-
> 27 TY TO PREVENT INJURY OF THE WILD ANIMAL OR THE PUBLIC AND TO PREVENT
> 28 ESCAPE OF THE WILD ANIMAL.
> 29 (12) A SWORN STATEMENT THAT THE WILD ANIMAL WILL NOT BE TIED, TETH-
> 30 ERED, LEASHED OR CHAINED OUTDOORS, ALLOWED TO RUN AT LARGE AND THAT THE
> 31 WILD ANIMAL WILL NOT BE BROUGHT TO ANY COMMERCIAL OR RETAIL ESTABLISH-
> 32 MENT UNLESS IT IS BEING BROUGHT TO A VETERINARIAN OR VETERINARY CLINIC.
> 33 (13) PROOF THAT THE OWNER OF THE WILD ANIMAL HAS POSTED CONSPICUOUS
> 34 SIGNS, IN COMPLIANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT, AT
> 35 THE LOCATION WHERE THE WILD ANIMAL IS KEPT, WHICH ARE CLEARLY LEGIBLE
> 36 AND READABLE BY THE PUBLIC, INDICATING THAT THERE IS A WILD ANIMAL ON
> 37 THE PREMISES. IN ADDITION, THE OWNER SHALL CONSPICUOUSLY DISPLAY A SIGN
> 38 WITH A WARNING SYMBOL THAT INFORMS CHILDREN OF THE PRESENCE OF A WILD
> 39 ANIMAL.
> 40 (14) A SWORN STATEMENT THAT POSSESSION, HARBORING OR OWNING A WILD
> 41 ANIMAL DOES NOT VIOLATE ANY APPLICABLE FEDERAL, STATE OR LOCAL LAW.
> 42 (15) A SWORN STATEMENT ATTESTING TO THE MANNER OF DEATH, EUTHANASIA OR
> 43 OTHER DISPOSITION OF THE WILD ANIMAL.
> 44 D. COMPLIES WITH RULES AND REGULATIONS, IF ANY, PROMULGATED BY AND AS
> 45 DEEMED APPLICABLE BY THE DEPARTMENT, REQUIRING:
> 46 (1) A COPY OF A LIABILITY INSURANCE POLICY IN THE NAME OF THE OWNER OF
> 47 THE WILD ANIMAL, IN AN AMOUNT DEEMED APPROPRIATE BY THE DEPARTMENT,
> 48 INSURING FOR BODILY INJURY AND DEATH OF A PERSON AND/OR DESTRUCTION OF
> 49 PROPERTY CAUSED BY THE WILD ANIMAL; OR A COPY OF A SURETY BOND IN A FORM
> 50 AND IN AN AMOUNT ACCEPTABLE TO THE DEPARTMENT; AND
> 51 (2) PROOF THAT THE OWNER OF THE WILD ANIMAL HAS POSTED CONSPICUOUS
> 52 SIGNS, IN COMPLIANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT, AT
> 53 THE LOCATION WHERE THE WILD ANIMAL IS KEPT, WHICH ARE CLEARLY LEGIBLE BY
> 54 THE PUBLIC, INDICATING THAT THERE IS A WILD ANIMAL ON THE PREMISES.
> 55 4. THE DEPARTMENT SHALL ISSUE PERMITS AUTHORIZING POSSESSION OF WILD
> 56 ANIMALS TO THOSE PERSONS COMPLYING WITH THE PROVISIONS OF SUBDIVISION
>
> A. 7375--A 6
>
> 1 THREE OF THIS SECTION AND WITH ANY REGULATIONS PROMULGATED BY THE
> 2 DEPARTMENT THEREUNDER. SUCH PERMITS SHALL BE VALID IN ANY JURISDICTION
> 3 WITHIN THE STATE WHERE POSSESSION OF A WILD ANIMAL IS NOT PROHIBITED BY
> 4 LOCAL LAW AND SHALL BE RENEWABLE ANNUALLY SUBJECT TO CONTINUED COMPLI-
> 5 ANCE WITH THE PROVISIONS OF THIS SECTION AND WITH ANY REGULATIONS
> 6 PROMULGATED THEREUNDER. THE DEPARTMENT SHALL FORWARD COPIES OF SUCH
> 7 PERMITS TO THE CLERK OF THE CITY, TOWN OR VILLAGE IN WHICH EACH WILD
> 8 ANIMAL IS HARBORED.
> 9 5. THE DEPARTMENT SHALL SET ANNUAL PERMIT FEES FOR THE POSSESSION OF
> 10 WILD ANIMALS PURSUANT TO SUBDIVISION THREE OF THIS SECTION IN AN AMOUNT
> 11 DETERMINED TO BE REASONABLE BUT IN NO EVENT LESS THAN FIFTY DOLLARS PER
> 12 YEAR FOR EACH WILD ANIMAL. PERMIT FEES SHALL BE USED SOLELY FOR THE
> 13 ENFORCEMENT OF THIS SECTION.
> 14 6. ANY PERSON IN POSSESSION OF A WILD ANIMAL AS A PET PURSUANT TO THIS
> 15 SECTION SHALL NOT BREED, SELL, TRADE, BARTER OR EXCHANGE SUCH WILD
> 16 ANIMAL. ANY PERSON IN POSSESSION OF A WILD ANIMAL SHALL NOT TRANSFER
> 17 SUCH WILD ANIMAL EXCEPT AS AUTHORIZED UNDER SUBDIVISIONS EIGHT AND NINE
> 18 OF THIS SECTION.
> 19 7. PRIOR TO DENIAL OR REVOCATION OF A PERMIT PURSUANT TO THIS SECTION,
> 20 THE DEPARTMENT SHALL HOLD A HEARING UPON DUE NOTICE TO THE PERSON WHO
> 21 OWNS, HARBORS OR POSSESSES THE WILD ANIMAL, AT WHICH SUCH PERSON SHALL
> 22 HAVE THE OPPORTUNITY TO BE HEARD. THE PROVISIONS OF THE STATE ADMINIS-
> 23 TRATIVE PROCEDURE ACT SHALL APPLY AT PROCEEDINGS HELD IN ACCORDANCE WITH
> 24 THIS SUBDIVISION. THE DECISION TO DENY OR REVOKE A PERMIT UNDER THIS
> 25 SECTION SHALL BE APPEALABLE.
> 26 8. A PERSON POSSESSING, OWNING OR HARBORING A WILD ANIMAL WHO IS
> 27 DENIED A PERMIT PURSUANT TO THIS SECTION, OR WHOSE PERMIT IS REVOKED,
> 28 SHALL SURRENDER SUCH WILD ANIMAL TO THE DEPARTMENT OR AN AUTHORIZED
> 29 AGENT THEREOF. THE DEPARTMENT AND ITS AUTHORIZED AGENTS SHALL HAVE
> 30 AUTHORITY TO SEIZE WILD ANIMALS HELD IN VIOLATION OF THIS SECTION.
> 31 9. WILD ANIMALS SEIZED OR SURRENDERED PURSUANT TO THE PROVISIONS OF
> 32 THIS SECTION SHALL BE TRANSFERRED TO A DULY INCORPORATED WILDLIFE SANC-
> 33 TUARY AS DEFINED IN THIS SECTION, OR A ZOOLOGICAL FACILITY ACCREDITED BY
> 34 THE AMERICAN ASSOCIATION OF ZOOLOGICAL PARKS AND AQUARIUMS OR SHALL BE
> 35 HUMANELY EUTHANIZED.
> 36 10. A. ANY PERSON GRANTED A PERMIT PURSUANT TO THIS SECTION SHALL
> 37 REPORT THE PRESENCE OF A WILD ANIMAL ON THEIR PREMISES OR OTHERWISE IN
> 38 THEIR POSSESSION TO THE CLERK OF THE CITY, TOWN OR VILLAGE IN WHICH SUCH
> 39 WILD ANIMAL IS OWNED, POSSESSED OR HARBORED. SUCH REPORT SHALL BE FILED
> 40 ANNUALLY ON A DATE AND IN A MANNER TO BE DETERMINED BY THE STATE FIRE
> 41 ADMINISTRATOR. A SEPARATE REPORT SHALL BE FILED FOR EACH STREET ADDRESS
> 42 AT WHICH ANY SUCH WILD ANIMAL MAY BE FOUND.
> 43 B. SUCH CLERK SHALL FORWARD A COPY OF SUCH REPORT TO EACH STATE POLICE
> 44 TROOP, COUNTY SHERIFF, AND MUNICIPAL POLICE AGENCY HAVING JURISDICTION
> 45 OVER THE LOCATION OF SUCH WILD ANIMAL. A COPY THEREOF SHALL ALSO BE
> 46 FORWARDED TO EACH FIRE DEPARTMENT, FIRE CORPORATION OR FIRE COMPANY
> 47 SERVING SUCH LOCATION AND TO EACH AMBULANCE OR EMERGENCY MEDICAL SERVICE
> 48 DEPARTMENT, AMBULANCE CORPORATION, OR AMBULANCE OR EMERGENCY MEDICAL
> 49 SERVICE COMPANY SERVING SUCH LOCATION. IN LIEU OF FORWARDING A COPY OF
> 50 EACH REPORT, THE CLERK MAY COMPILE THE CONTENTS OF SEVERAL REPORTS AND
> 51 FORWARD A COMPILATION ON A QUARTERLY BASIS.
> 52 C. ANY PERSON WHO FAILS TO REPORT THE PRESENCE OF WILD ANIMALS AS
> 53 REQUIRED IN THIS SECTION, SHALL BE SUBJECT TO A FINE OF NOT MORE THAN
> 54 TWO HUNDRED FIFTY DOLLARS FOR THE FIRST OFFENSE, AND UPON BEING FOUND
> 55 GUILTY OF A SECOND OR SUBSEQUENT OFFENSE, BY A FINE OF NOT LESS THAN TWO
> 56 HUNDRED FIFTY DOLLARS OR MORE THAN ONE THOUSAND DOLLARS. EXCEPT AS
>
> A. 7375--A 7
>
> 1 OTHERWISE PROVIDED BY LAW, SUCH VIOLATION SHALL NOT BE A CRIME AND THE
> 2 PENALTY OR PUNISHMENT IMPOSED THEREFOR, SHALL NOT BE DEEMED FOR ANY
> 3 PURPOSE A CRIMINAL PENALTY OR PUNISHMENT AND SHALL NOT IMPOSE ANY DISA-
> 4 BILITY UPON OR AFFECT OR IMPAIR THE CREDIBILITY AS A WITNESS, OR OTHER-
> 5 WISE, OF A PERSON FOUND GUILTY THEREOF.
> 6 11. NOTHING CONTAINED IN THIS SECTION SHALL PREVENT ANY CITY, TOWN OR
> 7 COUNTY FROM ENACTING MORE RESTRICTIVE PROVISIONS GOVERNING THE
> 8 POSSESSION OF WILD ANIMALS FOR USE AS PETS.
> 9 S 7. Section 11-0511 of the environmental conservation law, as amended
> 10 by chapter 432 of the laws of 1997, is amended to read as follows:
>
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