(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.
Structure New York Laws
ENV - Environmental Conservation
Article 11 - Fish and Wildlife
11-0501 - Fish and Wildlife Management Practices Cooperative Program.
11-0503 - Polluting Streams Prohibited.
11-0505 - Interference With Fish and Wildlife.
11-0507 - Liberation of Fish, Shellfish and Wildlife.
11-0511 - Possession and Transportation of Wildlife.
11-0514 - Eurasian Boars Prohibited.
11-0515 - Licenses to Collect, Possess or Sell for Propagation, Scientific or Exhibition Purposes.
11-0517 - Taking for Propagation and Stocking; Fish Hindering Propagation of Food Fish or Shellfish.
11-0521 - Destructive Wildlife; Taking Pursuant to Permit.
11-0523 - Destructive or Menacing Wildlife; Taking Without Permit.
11-0524 - Nuisance Wildlife Control Operators.
11-0525 - Control of Rabies in Wildlife.
11-0527 - State Aid to Counties Participating in Control of Rabies in Wildlife.
11-0529 - Cats Hunting Birds; Dogs Pursuing Deer or Killing Other Wildlife in Certain Areas.
11-0531 - Bounties Prohibited.
11-0533 - Licensing of Guides.
11-0535 - Endangered and Threatened Species, Species of Special Concern.
11-0535-A - Illegal Ivory Articles and Rhinoceros Horns.
11-0535-B - Vulnerable Species.
11-0535-C - Endangered and Threatened Species Mitigation Bank Fund.
11-0536 - Sale of Certain Wild Animals or Wild Animal Products Prohibited.
11-0537 - Bald and Golden Eagles; Prohibited Acts.
11-0538 - Direct Contact Between Public and Big Cats Prohibited.
11-0539 - New York Natural Heritage Program.
11-0540 - Prohibition on Permits Authorizing the Use of Elephants in Entertainment Acts.