S T A T E O F N E W Y O R K
________________________________________________________________________
6836--B
2023-2024 Regular Sessions
I N A S S E M B L Y
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:
Section 1. Paragraph e of subdivision 6 of section 11-0103 of the
environmental conservation law, as amended by chapter 10 of the laws of
2005, is amended to read as follows:
e. ["Wild animal" shall not include "companion animal" as defined in
section three hundred fifty of the agriculture and markets law. Wild
animal includes,] "WILD ANIMAL" MEANS INDIGENOUS, NON-DOMESTICATED
ANIMALS NATIVE TO THE COUNTRY IN WHICH THEY LIVE. "EXOTIC ANIMAL" MEANS
A WILD ANIMAL WITH AN ORIGIN OF A DIFFERENT CONTINENT. THE TERMS WILD
ANIMAL AND EXOTIC ANIMAL SHALL NOT INCLUDE "COMPANION ANIMAL" AS DEFINED
IN SECTION THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW. WILD
ANIMALS AND EXOTIC ANIMALS INCLUDE and [is] ARE limited to, any or all
of the following orders [and], families, AND GENERA:
(1) Nonhuman primates and prosimians,
(2) Felidae and all hybrids thereof, with the exception of the species
Felis catus (domesticated and feral cats, which shall mean domesticated
cats that were formerly owned and that have been abandoned and that are
no longer socialized, as well as offspring of such cats) and hybrids of
Felis catus that are registered by the American Cat Fanciers Association
or the International Cat Association provided that such cats be without
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
(3) Canidae (with the exception of domesticated dogs and captive bred
fennec foxes (vulpes zerda)),
(4) Ursidae,
(5) All reptiles that are venomous by nature, pursuant to department
regulation, and the following species and orders: Burmese Python (Python
m. bivittatus), Reticulated Python (Python reticulatus), African Rock
Python (Python sabae), Green Anaconda (Eunectes maurinus), Yellow
Anaconda (Eunectes notaeus), Australian Amethystine Python (Morelia
amethistina and Morelia kinghorni), Indian Python (Python molurus),
Asiatic (water) Monitor (Varanus salvator), Nile Monitor (Varanus nilo-
citus), White Throat Monitor (Varanus albigularis), Black Throat Monitor
(Varanus albigularis ionides) and Crocodile Monitor (Varanus salvadori),
Komodo Dragon (Varanus komodensis) and any hybrid thereof,
(6) Crocodylia,
(7) MACROPODIDAE INCLUDING BUT NOT LIMITED TO KANGAROOS, WALLABIES,
TREE-KANGAROOS, WALLAROOS, PADEMELONS AND QUOKKAS,
(8) CETACEA (INCLUDING WHALES AND DOLPHINS),
(9) ELEPHANTIDAE (ELEPHANTS),
(10) HYAENIDAE (HYENAS),
(11) PERISSODACTYLA (INCLUDING RHINOCEROSES, TAPIRS AND ZEBRAS),
(12) PINNIPEDIA (INCLUDING SEALS, SEA LIONS AND WALRUSES),
(13) XENARTHRA (INCLUDING SLOTHS, ANTEATERS AND ARMADILLOS),
(14) VIVERRIDAE (INCLUDING BEARCATS),
(15) CYNOMYS, AND
(16) CAPYBARAS.
§ 2. Section 11-0512 of the environmental conservation law is amended
by adding a new subdivision 3-a to read as follows:
3-A. ANY PERSON WHO POSSESSES OR HARBORS AN EXOTIC ANIMAL PURSUANT TO
PARAGRAPH E OF SUBDIVISION SIX OF SECTION 11-0103 OF THIS ARTICLE FOR
USE AS A PET AT THE TIME THAT THIS SUBDIVISION 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;
§ 3. This act shall take effect immediately.