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RE: possible NY legislation to criminalize wild pet trade
I can see this law passing as is. I believe that it clearly intends to ban
wild fish, fresh and salt as well as herps and birds, monkeys, bugs, skunks,
etc. I think the wording is excellent for that purpose. It is designed for
maximum effect with the least amount of initial resistance.
By leaving the description of what a wild animal is vague it allows the
regulatory agencies to make up the list of banned animals as they go.
You guys are in for it! Sadly enough, here in the Peoples Republic of New
Jersey we are next to be out of the hobby.
From: owner-killietalk at aka_org [mailto:owner-killietalk at aka_org]On
Behalf Of Ken Simolo
Sent: Thursday, July 12, 2001 5:52 PM
To: KillieTalk at aka_org
Subject: RE: possible NY legislation to criminalize wild pet trade
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.
Well, as promised, here's what you would need to do to keep your existing
" 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
30 ANIMAL FOR THE REMAINDER OF ITS LIFE, PROVIDED THAT SUCH PERSON:
31 A. HAS NOT BEEN CONVICTED OF ANY OFFENSE RELATING TO CRUELTY
32 ANIMALS OR INVOLVING VIOLATION OF A JUDICIAL ORDER
33 POSSESSION OF ANIMALS;
34 B. APPLIES TO THE DEPARTMENT WITHIN SIXTY DAYS OF THE EFFECTIVE
35 OF THIS SECTION, AND OBTAINS FROM THE DEPARTMENT, A PERMIT
36 POSSESSION OF A WILD ANIMAL; AND
37 C. COMPLIES WITH ALL RULES AND REGULATIONS ESTABLISHED BY THE
38 MENT AS REQUISITES FOR ISSUANCE OF SUCH A PERMIT, INCLUDING BUT
39 LIMITED TO PROOF OF THE FOLLOWING:
40 (1) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE PERSON WHO
41 POSSESSES OR HARBORS THE WILD ANIMAL OR ANIMALS, INCLUDING A
42 STATEMENT THAT THE PERSON WHO OWNS, POSSESSES OR HARBORS THE WILD
43 OR ANIMALS IS TWENTY-ONE YEARS OF AGE OR OLDER.
44 (2) THE ADDRESS OF THE LOCATION WHERE THE WILD ANIMAL OR ANIMALS
45 BE KEPT, IF DIFFERENT FROM THE ABOVE.
46 (3) A DETAILED DESCRIPTION OF EACH WILD ANIMAL OWNED,
47 HARBORED, INCLUDING SPECIES, GENDER, AGE AND ANY IDENTIFYING
49 (4) A PHOTOGRAPH OF EACH WILD ANIMAL OWNED, POSSESSED OR HARBORED.
50 (5) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE PERSON OR
51 FROM WHOM THE WILD ANIMAL OR ANIMALS WAS OBTAINED.
52 (6) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE VETERINARIAN,
53 WILL TREAT THE WILD ANIMAL, ACCOMPANIED BY AN AFFIDAVIT FROM THE
54 NARIAN VERIFYING THAT HE OR SHE IS QUALIFIED AND WILLING TO TREAT
55 WILD ANIMAL OR ANIMALS.
A. 7375--A 5
1 (7) A STATEMENT FROM THE TREATING VETERINARIAN ESTABLISHING
2 THAT THE WILD ANIMAL OR ANIMALS HAVE BEEN STERILIZED AND ARE
3 OF REPRODUCING, OR A STATEMENT INDICATING THAT DUE TO ILLNESS OR
4 STERILIZATION IS NOT MEDICALLY RECOMMENDED.
5 (8) A STATEMENT FROM A LICENSED VETERINARIAN STATING THAT THE
6 ANIMAL HAS HAD AN IDENTIFICATION NUMBER INSERTED IN ITS BODY VIA
7 TANEOUS MICROCHIP. THIS SECTION DOES NOT APPLY TO SNAKES OR
8 REPTILES IF A VETERINARIAN DETERMINES THAT INSERTION OF A
9 MICROCHIP WOULD ENDANGER THE WELL BEING OF THE ANIMAL. IN THE
10 EVENT, THE OWNER SHALL PROVIDE A COPY OF THE STATEMENT FROM THE
11 NARIAN SO ATTESTING.
12 (9) A SWORN STATEMENT INDICATING THAT THE WILD ANIMAL OR ANIMALS
13 NOT BE BRED.
14 (10) A DETAILED STATEMENT ESTABLISHING THAT THE FACILITY IN WHICH
15 WILD ANIMAL WILL BE KEPT COMPLIES WITH ALL STANDARDS OF CARE
16 BY THE DEPARTMENT, BUT AT MINIMUM COMPLIES WITH THE STANDARDS FOR
17 CARE SET FORTH IN THE FEDERAL ANIMAL WELFARE ACT INCLUDING, BUT
18 LIMITED TO HOUSING, TEMPERATURE, VENTILATION, DRAINAGE,
19 FOOD, WATER, EXERCISE AND VETERINARY CARE APPROPRIATE TO THE SPECIES
20 SUFFICIENT TO MAINTAIN THE WILD ANIMAL IN GOOD HEALTH. THE
21 SHALL ALSO ESTABLISH THAT THE FACILITY IN WHICH THE WILD ANIMAL WILL
22 KEPT SUFFICIENTLY SIMULATES ITS NATURAL HABITAT TO MAINTAIN THE
23 ANIMAL IN GOOD PHYSICAL AND EMOTIONAL HEALTH.
24 (11) A DETAILED STATEMENT ESTABLISHING THAT THE WILD ANIMAL WILL
25 KEPT IN A FACILITY THAT COMPLIES WITH ANY PUBLIC SAFETY STANDARDS
26 LISHED BY THE DEPARTMENT BUT THAT, AT MINIMUM, PROVIDES ADEQUATE
27 TY TO PREVENT INJURY OF THE WILD ANIMAL OR THE PUBLIC AND TO
28 ESCAPE OF THE WILD ANIMAL.
29 (12) A SWORN STATEMENT THAT THE WILD ANIMAL WILL NOT BE TIED,
30 ERED, LEASHED OR CHAINED OUTDOORS, ALLOWED TO RUN AT LARGE AND THAT
31 WILD ANIMAL WILL NOT BE BROUGHT TO ANY COMMERCIAL OR RETAIL
32 MENT UNLESS IT IS BEING BROUGHT TO A VETERINARIAN OR VETERINARY
33 (13) PROOF THAT THE OWNER OF THE WILD ANIMAL HAS POSTED
34 SIGNS, IN COMPLIANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT,
35 THE LOCATION WHERE THE WILD ANIMAL IS KEPT, WHICH ARE CLEARLY
36 AND READABLE BY THE PUBLIC, INDICATING THAT THERE IS A WILD ANIMAL
37 THE PREMISES. IN ADDITION, THE OWNER SHALL CONSPICUOUSLY DISPLAY A
38 WITH A WARNING SYMBOL THAT INFORMS CHILDREN OF THE PRESENCE OF A
40 (14) A SWORN STATEMENT THAT POSSESSION, HARBORING OR OWNING A
41 ANIMAL DOES NOT VIOLATE ANY APPLICABLE FEDERAL, STATE OR LOCAL LAW.
42 (15) A SWORN STATEMENT ATTESTING TO THE MANNER OF DEATH,
43 OTHER DISPOSITION OF THE WILD ANIMAL.
44 D. COMPLIES WITH RULES AND REGULATIONS, IF ANY, PROMULGATED BY AND
45 DEEMED APPLICABLE BY THE DEPARTMENT, REQUIRING:
46 (1) A COPY OF A LIABILITY INSURANCE POLICY IN THE NAME OF THE
47 THE WILD ANIMAL, IN AN AMOUNT DEEMED APPROPRIATE BY THE
48 INSURING FOR BODILY INJURY AND DEATH OF A PERSON AND/OR DESTRUCTION
49 PROPERTY CAUSED BY THE WILD ANIMAL; OR A COPY OF A SURETY BOND IN A
50 AND IN AN AMOUNT ACCEPTABLE TO THE DEPARTMENT; AND
51 (2) PROOF THAT THE OWNER OF THE WILD ANIMAL HAS POSTED
52 SIGNS, IN COMPLIANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT,
53 THE LOCATION WHERE THE WILD ANIMAL IS KEPT, WHICH ARE CLEARLY
54 THE PUBLIC, INDICATING THAT THERE IS A WILD ANIMAL ON THE PREMISES.
55 4. THE DEPARTMENT SHALL ISSUE PERMITS AUTHORIZING POSSESSION OF
56 ANIMALS TO THOSE PERSONS COMPLYING WITH THE PROVISIONS OF
A. 7375--A 6
1 THREE OF THIS SECTION AND WITH ANY REGULATIONS PROMULGATED BY
2 DEPARTMENT THEREUNDER. SUCH PERMITS SHALL BE VALID IN ANY
3 WITHIN THE STATE WHERE POSSESSION OF A WILD ANIMAL IS NOT
4 LOCAL LAW AND SHALL BE RENEWABLE ANNUALLY SUBJECT TO CONTINUED
5 ANCE WITH THE PROVISIONS OF THIS SECTION AND WITH ANY
6 PROMULGATED THEREUNDER. THE DEPARTMENT SHALL FORWARD COPIES OF
7 PERMITS TO THE CLERK OF THE CITY, TOWN OR VILLAGE IN WHICH EACH
8 ANIMAL IS HARBORED.
9 5. THE DEPARTMENT SHALL SET ANNUAL PERMIT FEES FOR THE
10 WILD ANIMALS PURSUANT TO SUBDIVISION THREE OF THIS SECTION IN AN
11 DETERMINED TO BE REASONABLE BUT IN NO EVENT LESS THAN FIFTY DOLLARS
12 YEAR FOR EACH WILD ANIMAL. PERMIT FEES SHALL BE USED SOLELY FOR
13 ENFORCEMENT OF THIS SECTION.
14 6. ANY PERSON IN POSSESSION OF A WILD ANIMAL AS A PET PURSUANT TO
15 SECTION SHALL NOT BREED, SELL, TRADE, BARTER OR EXCHANGE SUCH
16 ANIMAL. ANY PERSON IN POSSESSION OF A WILD ANIMAL SHALL NOT
17 SUCH WILD ANIMAL EXCEPT AS AUTHORIZED UNDER SUBDIVISIONS EIGHT AND
18 OF THIS SECTION.
19 7. PRIOR TO DENIAL OR REVOCATION OF A PERMIT PURSUANT TO THIS
20 THE DEPARTMENT SHALL HOLD A HEARING UPON DUE NOTICE TO THE PERSON
21 OWNS, HARBORS OR POSSESSES THE WILD ANIMAL, AT WHICH SUCH PERSON
22 HAVE THE OPPORTUNITY TO BE HEARD. THE PROVISIONS OF THE STATE
23 TRATIVE PROCEDURE ACT SHALL APPLY AT PROCEEDINGS HELD IN ACCORDANCE
24 THIS SUBDIVISION. THE DECISION TO DENY OR REVOKE A PERMIT UNDER
25 SECTION SHALL BE APPEALABLE.
26 8. A PERSON POSSESSING, OWNING OR HARBORING A WILD ANIMAL WHO
27 DENIED A PERMIT PURSUANT TO THIS SECTION, OR WHOSE PERMIT IS
28 SHALL SURRENDER SUCH WILD ANIMAL TO THE DEPARTMENT OR AN
29 AGENT THEREOF. THE DEPARTMENT AND ITS AUTHORIZED AGENTS SHALL
30 AUTHORITY TO SEIZE WILD ANIMALS HELD IN VIOLATION OF THIS SECTION.
31 9. WILD ANIMALS SEIZED OR SURRENDERED PURSUANT TO THE PROVISIONS
32 THIS SECTION SHALL BE TRANSFERRED TO A DULY INCORPORATED WILDLIFE
33 TUARY AS DEFINED IN THIS SECTION, OR A ZOOLOGICAL FACILITY
34 THE AMERICAN ASSOCIATION OF ZOOLOGICAL PARKS AND AQUARIUMS OR SHALL
35 HUMANELY EUTHANIZED.
36 10. A. ANY PERSON GRANTED A PERMIT PURSUANT TO THIS SECTION
37 REPORT THE PRESENCE OF A WILD ANIMAL ON THEIR PREMISES OR OTHERWISE
38 THEIR POSSESSION TO THE CLERK OF THE CITY, TOWN OR VILLAGE IN WHICH
39 WILD ANIMAL IS OWNED, POSSESSED OR HARBORED. SUCH REPORT SHALL BE
40 ANNUALLY ON A DATE AND IN A MANNER TO BE DETERMINED BY THE STATE
41 ADMINISTRATOR. A SEPARATE REPORT SHALL BE FILED FOR EACH STREET
42 AT WHICH ANY SUCH WILD ANIMAL MAY BE FOUND.
43 B. SUCH CLERK SHALL FORWARD A COPY OF SUCH REPORT TO EACH STATE
44 TROOP, COUNTY SHERIFF, AND MUNICIPAL POLICE AGENCY HAVING
45 OVER THE LOCATION OF SUCH WILD ANIMAL. A COPY THEREOF SHALL
46 FORWARDED TO EACH FIRE DEPARTMENT, FIRE CORPORATION OR FIRE
47 SERVING SUCH LOCATION AND TO EACH AMBULANCE OR EMERGENCY MEDICAL
48 DEPARTMENT, AMBULANCE CORPORATION, OR AMBULANCE OR EMERGENCY
49 SERVICE COMPANY SERVING SUCH LOCATION. IN LIEU OF FORWARDING A COPY
50 EACH REPORT, THE CLERK MAY COMPILE THE CONTENTS OF SEVERAL REPORTS
51 FORWARD A COMPILATION ON A QUARTERLY BASIS.
52 C. ANY PERSON WHO FAILS TO REPORT THE PRESENCE OF WILD ANIMALS
53 REQUIRED IN THIS SECTION, SHALL BE SUBJECT TO A FINE OF NOT MORE
54 TWO HUNDRED FIFTY DOLLARS FOR THE FIRST OFFENSE, AND UPON BEING
55 GUILTY OF A SECOND OR SUBSEQUENT OFFENSE, BY A FINE OF NOT LESS THAN
56 HUNDRED FIFTY DOLLARS OR MORE THAN ONE THOUSAND DOLLARS.
A. 7375--A 7
1 OTHERWISE PROVIDED BY LAW, SUCH VIOLATION SHALL NOT BE A CRIME AND
2 PENALTY OR PUNISHMENT IMPOSED THEREFOR, SHALL NOT BE DEEMED FOR
3 PURPOSE A CRIMINAL PENALTY OR PUNISHMENT AND SHALL NOT IMPOSE ANY
4 BILITY UPON OR AFFECT OR IMPAIR THE CREDIBILITY AS A WITNESS, OR
5 WISE, OF A PERSON FOUND GUILTY THEREOF.
6 11. NOTHING CONTAINED IN THIS SECTION SHALL PREVENT ANY CITY, TOWN
7 COUNTY FROM ENACTING MORE RESTRICTIVE PROVISIONS GOVERNING
8 POSSESSION OF WILD ANIMALS FOR USE AS PETS.
9 S 7. Section 11-0511 of the environmental conservation law, as
10 by chapter 432 of the laws of 1997, is amended to read as follows:
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