NY Env Conserv L § 11-0512 (2021)
2021 New York Laws ENV - Environmental Conservation Article 11 - Fish and Wildlife Title 5 - Fish and Wildlife Management Practices Cooperative Program; Prohibitions; Taking of Fish, Wildlife, Shellfish and Crustacea for Scientific Or 11-0512 - Possession, Sale, Barter, Transfer, Exchange and Import of Wild Animals as Pets Prohibited.

§ 11-0512. Possession,  sale,  barter,  transfer, exchange and import of              wild animals as pets prohibited.   1. It shall be prohibited for any person to:   a. 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; or   b. intentionally release or set at-large any wild  animal,  authorized by  this section for use as a pet, from the location where the animal is permitted to be possessed or harbored.   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.  2131  et seq.;   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 commissioner, 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), which are licensed by the United States Secretary of Agriculture;   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  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  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;   j.  A  person  who is paralyzed from the neck down who possesses a new world monkey trained to perform tasks for its owner 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 six months of the  effective  date of  this section, and obtains from the department, a license pursuant to subdivision four of this section;   c. Complies  with  all  applicable  federal,  state,  or  local  laws, including  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; and   d. Reports a release to the local police department and animal control immediately  upon  discovery of the release. Each escape during a twelve  month period of time will subject the  possessor  to  penalties  by  the department pursuant to subdivisions eight and nine of this section.   4.  The  department  shall  be  required to issue 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 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 licenses to  the  clerk  of  the city, town or village in which each wild animal is harbored.   a.  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 acknowledgment 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 characteristics, and an identification tag or tattoo if required by  the department,  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 has agreed to treat the wild animal.  (5)  An acknowledgment indicating that the wild animal or animals will not be bred.  (6) A detailed certification establishing that the location  in  which the  wild animal will be kept complies with all appropriate standards of care 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,  ventilation,  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 establishment 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 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  one  hundred seventy-five  dollars  for  two years for each wild animal. License fees shall be used solely for the  implementation  and  enforcement  of  this section.   5.  The  provisions  of  the  state administrative procedure act shall apply 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 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 license pursuant to subdivision four of this section, or  whose license  is  revoked, shall surrender such wild animal to the department or  an  authorized  agent  thereof  at  a  location  designated  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, or  shall  be  humanely  euthanized.  Any costs associated with seizing, transferring, recapturing 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 knowingly breeds a wild animal or knowingly  possesses,  owns,  harbors, sells,  barters,  transfers, exchanges, or imports a wild animal for use as a pet or intentionally releases or sets  at-large  any  wild  animal, authorized by this section for use as a pet, from the location where the animal  is  permitted  to  be  possessed or harbored in violation of the provisions of this section shall be subject to 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, release, 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.