Provides that "wild animal" means indigenous, non-domesticated animals native to the country in which they live and "exotic animal" means a wild animal with an origin of a different continent; adds certain wild or exotic animals to the list of non-companion animals; provides certain owners of wild or exotic animals with a license process.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6836B
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the environmental conservation law, in relation to wild
or exotic animals
PURPOSE:
The purpose of this bill is to establish and expand the definition/s of
wild and exotic animals to ensure such animals and to prohibit such
animals from being imported, sold or owned.
SUMMARY OF PROVISIONS:
Section 1. Paragraph e of subdivision 6 of section 11-0103 of the envi-
ronmental conservation law, as amended by chapter 10 of the laws of
2005,to provide a definition for exotic animal/s as a wild animal with
an origin of a different continent. This section further expands the
definition of wild animal/s to mean indigenous, non-domesticated animals
native to the country in which they live. This section identifies corre-
sponding families and orders of both wild and exotic animals.
Section 2. Amends section 11-0512 of the environmental conservation law
by adding a new subdivision 3a to allow anyone who currently possesses a
wild animal at the start of the enactment clause to retain possession of
the animal for the rest of its life, pursuant to part a of subdivision3a
providing such person has not been convicted of any offense relating to
animal cruelty or under a judicial order prohibiting possession of
animals, and pursuant to part b of subdivision 3a providing such person
applies to the department within six months of the effective date of
this section and obtains from the department, a license pursuant to
subdivision 4.
Section 3. Is the effective date.
JUSTIFICATION:
In Suffolk County, an illegal petting zoo turned exotic animal store was
unlawfully selling various wild and exotic animals including sloths and
kangaroos. Sloths are naturally nocturnal, mostly deaf and blind when in
sunlight. Kangaroos can grow up to six feet tall and weigh up to two
hundred pounds. Selling and owning these animals is inhumane and uneth-
ical. This bill addresses the gap in current law by expanding the defi-
nition of wild animals to include exotic animals and further identifies
animal families/orders that adhere to such groups. This bill prohibits
exotic animals from being sold, harbored or owned as a pet.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6836--B
2023-2024 Regular Sessions
IN ASSEMBLY
May 8, 2023
___________
Introduced by M. of A. L. ROSENTHAL, BORES, SIMON -- read once and
referred to the Committee on Environmental Conservation -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Environmental
Conservation in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the environmental conservation law, in relation to wild
or exotic animals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph e of subdivision 6 of section 11-0103 of the
2 environmental conservation law, as amended by chapter 10 of the laws of
3 2005, is amended to read as follows:
4 e. ["Wild animal" shall not include "companion animal" as defined in
5 section three hundred fifty of the agriculture and markets law. Wild
6 animal includes,] "Wild animal" means indigenous, non-domesticated
7 animals native to the country in which they live. "Exotic animal" means
8 a wild animal with an origin of a different continent. The terms wild
9 animal and exotic animal shall not include "companion animal" as defined
10 in section three hundred fifty of the agriculture and markets law. Wild
11 animals and exotic animals include and [is] are limited to, any or all
12 of the following orders [and], families, and genera:
13 (1) Nonhuman primates and prosimians,
14 (2) Felidae and all hybrids thereof, with the exception of the species
15 Felis catus (domesticated and feral cats, which shall mean domesticated
16 cats that were formerly owned and that have been abandoned and that are
17 no longer socialized, as well as offspring of such cats) and hybrids of
18 Felis catus that are registered by the American Cat Fanciers Association
19 or the International Cat Association provided that such cats be without
20 any wild felid parentage for a minimum of five generations,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10398-10-4
A. 6836--B 2
1 (3) Canidae (with the exception of domesticated dogs and captive bred
2 fennec foxes (vulpes zerda)),
3 (4) Ursidae,
4 (5) All reptiles that are venomous by nature, pursuant to department
5 regulation, and the following species and orders: Burmese Python (Python
6 m. bivittatus), Reticulated Python (Python reticulatus), African Rock
7 Python (Python sabae), Green Anaconda (Eunectes maurinus), Yellow
8 Anaconda (Eunectes notaeus), Australian Amethystine Python (Morelia
9 amethistina and Morelia kinghorni), Indian Python (Python molurus),
10 Asiatic (water) Monitor (Varanus salvator), Nile Monitor (Varanus nilo-
11 citus), White Throat Monitor (Varanus albigularis), Black Throat Monitor
12 (Varanus albigularis ionides) and Crocodile Monitor (Varanus salvadori),
13 Komodo Dragon (Varanus komodensis) and any hybrid thereof,
14 (6) Crocodylia,
15 (7) Macropodidae including but not limited to kangaroos, wallabies,
16 tree-kangaroos, wallaroos, pademelons and quokkas,
17 (8) Cetacea (including whales and dolphins),
18 (9) Elephantidae (elephants),
19 (10) Hyaenidae (hyenas),
20 (11) Perissodactyla (including rhinoceroses, tapirs and zebras),
21 (12) Pinnipedia (including seals, sea lions and walruses),
22 (13) Xenarthra (including sloths, anteaters and armadillos),
23 (14) Viverridae (including bearcats),
24 (15) Cynomys, and
25 (16) Capybaras.
26 § 2. Section 11-0512 of the environmental conservation law is amended
27 by adding a new subdivision 3-a to read as follows:
28 3-a. Any person who possesses or harbors an exotic animal pursuant to
29 paragraph e of subdivision six of section 11-0103 of this article for
30 use as a pet at the time that this subdivision takes effect may retain
31 possession of such animal for the remainder of its life, provided that
32 such person:
33 a. Has not been convicted of any offense relating to cruelty to
34 animals or under a judicial order prohibiting possession of animals;
35 b. Applies to the department within six months of the effective date
36 of this section, and obtains from the department, a license pursuant to
37 subdivision four of this section;
38 § 3. This act shall take effect immediately.
