S T A T E O F N E W Y O R K
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9438--A
I N A S S E M B L Y
March 1, 2012
___________
Introduced by M. of A. GLICK, GUNTHER, JAFFEE, SAYWARD, DUPREY, M. MILL-
ER, MONTESANO, REILLY -- Multi-Sponsored by -- M. of A. BOYLAND, BREN-
NAN, CROUCH, McDONOUGH, McENENY, McLAUGHLIN, MOYA, P. RIVERA, ROBINSON
-- read once and referred to the Committee on Environmental Conserva-
tion -- reported and referred to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the environmental conservation law and the agriculture
and markets law, in relation to prohibiting the sale, possession or
transportation of feral pigs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The environmental conservation law is amended by adding a
new section 11-0514 to read as follows:
S 11-0514. FERAL PIGS PROHIBITED.
1. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM, PARTNERSHIP OR CORPO-
RATION TO KNOWINGLY POSSESS, IMPORT, SELL, OFFER FOR SALE, DISTRIBUTE,
TRANSPORT OR OTHERWISE MARKET OR TRADE IN FERAL PIGS. FOR THE PURPOSE OF
THIS SECTION FERAL PIGS SHALL MEAN FERAL PIGS, FERAL HOGS, WILD BOAR,
WILD HOGS, RAZORBACKS, EURASIAN WILD BOAR, RUSSIAN WILD BOAR OR FERAL
SWINE (SUS SCROFA, BUT NOT INCLUDING SUS SCROFA DOMESTICUS).
2. ANY PERSON WHO OWNS A FERAL PIG AT THE TIME THAT THIS SECTION TAKES
EFFECT MAY RETAIN POSSESSION OF SUCH ANIMAL FOR THE REMINDER OF ITS LIFE
PROVIDED THAT SUCH PERSON:
(A) REGISTERS WITH THE DEPARTMENT WITHIN TWO MONTHS OF THE EFFECTIVE
DATE OF THIS SECTION.
(B) COMPLIES WITH ALL APPLICABLE FEDERAL, STATE, OR LOCAL LAWS,
INCLUDING ANY ORDINANCE, RULE OR REGULATIONS ESTABLISHED BY THE DEPART-
MENT AS REQUISITES FOR OWNERSHIP OF SUCH FERAL PIG OR PIGS AND PROVIDES
THE FOLLOWING INFORMATION:
(I) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE PERSON WHO OWNS THE
FERAL PIGS, INCLUDING AN ACKNOWLEDGMENT THAT THE PERSON WHO OWNS THE
FERAL PIG OR PIGS IS TWENTY-ONE YEARS OF AGE OR OLDER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14731-06-2
A. 9438--A 2
(II) THE ADDRESS OF THE LOCATION WHERE THE FERAL PIGS WILL BE KEPT, IF
DIFFERENT FROM ABOVE.
(III) A DETAILED DESCRIPTION OF EACH FERAL PIG OWNED, INCLUDING
SPECIES, GENDER, AGE, AND ANY IDENTIFYING CHARACTERISTICS, AND AN IDEN-
TIFICATION TAG OR TATTOO IF REQUIRED BY THE DEPARTMENT, WITH PROOF,
ACCEPTABLE TO THE DEPARTMENT, THAT EACH SUCH FERAL PIG WAS ACQUIRED
PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
(IV) AN ACKNOWLEDGMENT INDICATING THAT THE FERAL PIGS WILL NOT BE
BRED.
(V) PROOF OF FACILITY SECURITY, SUFFICIENT TO THE DEPARTMENT, TO
PREVENT THE ESCAPE OF FERAL PIGS.
3. THE DEPARTMENT SHALL ONLY BE REQUIRED TO ACCEPT REGISTRATION FROM
THOSE PERSONS WHO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION AND WHO
PROVIDE A REGISTRATION FEE OF THREE HUNDRED DOLLARS.
4. ANY PERSON IN POSSESSION OF A REGISTERED FERAL PIG SHALL NOT BREED,
OR SELL, TRADE, BARTER OR EXCHANGE SUCH ANIMAL.
5. A PERSON OWNING A FERAL PIG THAT HAS NOT BEEN AUTHORIZED TO REGIS-
TER SUCH FERAL PIG SHALL SURRENDER SUCH FERAL PIG 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 ASSO-
CIATION STANDARDS BY A LICENSED VETERINARIAN.
6. 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
FERAL PIG OR PIGS HELD IN VIOLATION OF THIS SECTION. A COUNTY SOCIETY
FOR THE PREVENTION OF CRUELTY TO ANIMALS MUST OBTAIN A WARRANT BEFORE
SEIZING A FERAL PIG OR PIGS OR ARRESTING A PERSON WHO OWNS A FERAL PIG
OR PIGS UNDER THIS SECTION. FERAL PIGS SEIZED OR SURRENDERED PURSUANT TO
THE PROVISIONS OF THIS SECTION SHALL BE TRANSFERRED TO A DULY INCORPO-
RATED WILDLIFE SANCTUARY AS DEFINED IN THIS SECTION, OR A ZOOLOGICAL
FACILITY, OR SHALL BE HUMANELY EUTHANIZED. ANY COSTS ASSOCIATED WITH
SEIZING, TRANSFERRING OR EUTHANIZING A FERAL PIG OR PIGS SHALL BE BORNE
BY THE PERSON WHO OWNED, HARBORED OR POSSESSED THE ANIMAL. THE DEPART-
MENT SHALL ALSO HAVE THE AUTHORITY TO SEEK INJUNCTIVE RELIEF IN ANY
COURT OF APPROPRIATE JURISDICTION TO PREVENT CONTINUED VIOLATIONS OF
THIS SECTION.
7. A VIOLATION OF THE PROVISIONS OF THIS SECTION IS PUNISHABLE BY A
FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS PER ANIMAL. ANY PERSON WHO
KNOWINGLY BREEDS A FERAL PIG SHALL BE SUBJECT TO A PENALTY OF NOT MORE
THAN FIVE HUNDRED DOLLARS PER ANIMAL FOR THE FIRST OFFENSE AND SHALL
RECEIVE A WARNING THAT ANY SUBSEQUENT OFFENSE OF THIS SECTION COULD
RESULT IN LICENSE REVOCATION. EACH INSTANCE OF BREEDING, OWNING, HARBOR-
ING, SALE, BARTER, TRANSFER, EXCHANGE, OR IMPORT OF A FERAL PIG IN
VIOLATION OF THIS SECTION SHALL CONSTITUTE A SEPARATE OFFENSE. UPON A
SUBSEQUENT PENALTY AND AFTER A HEARING OR OPPORTUNITY TO BE HEARD UPON
DUE NOTICE, ANY PERSON LICENSED PURSUANT TO SECTION 11-1903 OF THIS
ARTICLE MAY HAVE SUCH LICENSE REVOKED.
8. NOTHING CONTAINED IN THIS SECTION SHALL PREVENT ANY CITY, TOWN OR
COUNTY FROM ENACTING MORE RESTRICTIVE PROVISIONS GOVERNING THE
POSSESSION OF FERAL PIGS.
A. 9438--A 3
S 2. Paragraph b of subdivision 29 of section 11-0103 of the environ-
mental conservation law, as added by chapter 208 of the laws of 1999, is
amended to read as follows:
b. A captive bred North American big game mammal including: cougar,
wolf, bear, bison, big horn sheep, mountain goat, antelope, elk, musk
ox, mule deer, black tailed deer, caribou, [swine,] and a domestic game
animal as defined in paragraph b of subdivision four of this section,
provided, however, that nothing herein shall be deemed to expand, dimin-
ish, or alter the department's authority under existing statute or regu-
lation to regulate the taking of big game as defined in paragraph b of
subdivision two of this section or other protected wildlife as defined
in paragraph c of subdivision six of this section.
S 3. Subdivisions 8 and 9 of section 90-e of the agriculture and
markets law, as amended by chapter 91 of the laws of 1996, are amended
and a new subdivision 10 is added to read as follows:
8. ceased to operate the business for which the animal health permit
was issued; [or]
9. failed to comply with any of the provisions of this chapter or the
rules and regulations promulgated pursuant thereto[.]; OR
10. VIOLATED THE STATUTES OF THE STATE OF NEW YORK RELATED TO THE
POSSESSION OF SWINE, INCLUDING SECTION 11-0514 OF THE ENVIRONMENTAL
CONSERVATION LAW.
S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized to be made on or
before such date.