§ 11-0512. Possession, sale, barter, transfer, exchange and import of\n wild animals as pets prohibited.\n 1. It shall be prohibited for any person to:\n a. knowingly possess, harbor, sell, barter, transfer, exchange or\nimport any wild animal for use as a pet in New York state, except as\nprovided in subdivision three of this section; or\n b. intentionally release or set at-large any wild animal, authorized\nby this section for use as a pet, from the location where the animal is\npermitted to be possessed or harbored.\n 2. This section shall not apply to the following persons and entities\nwith respect to wild animals owned or harbored by them solely for a\npurpose other than for use as a pet:\n a. Zoological facilities licensed pursuant to 7 USC. Sec. 2131 et\nseq.;\n b. Exhibitors licensed pursuant to the Animal Welfare Act, 7 USC.\nSections 2132-2134 and reptile exhibitors who have demonstrated to the\ndepartment, in accordance with regulations promulgated by the\ncommissioner, that the sole purpose for which the wild animal or animals\nare used is for exhibition to the public for profit or compensation;\n c. Research facilities as defined in the Animal Welfare Act, 7 USC.\nSection 2132 (e), which are licensed by the United States Secretary of\nAgriculture;\n d. Licensed veterinarians and incorporated humane societies, animal\nshelters, societies for the prevention of cruelty to animals or animal\nwelfare organizations in temporary possession of wild animals;\n e. State universities, private colleges or universities, or state\nagencies working with wild animals;\n f. Wildlife rehabilitators licensed pursuant to the provisions of\nsubdivision three of section 11-0515 of this title and regulations\npromulgated thereunder, who are tending to sick or injured wild animals;\n g. A person having custody of a wild animal solely for the purpose of\ntransporting it to a licensed veterinarian, wildlife rehabilitator,\nhumane society or other entity authorized by this section to handle or\ntreat wild animals;\n h. A wildlife sanctuary as defined in subdivision thirty-two of\nsection 11-0103 of this article;\n i. A person who is not a resident of this state who is in the state\nonly for the purpose of travelling between locations outside the state.\nIn no event shall this time period exceed ten days;\n j. A person who is paralyzed from the neck down who possesses a new\nworld monkey trained to perform tasks for its owner by an organization\ndescribed in section 501(c) of the Internal Revenue Code of 1986 and\ndedicated to improving the quality of life of persons paralyzed from the\nneck down.\n 3. Any person who possesses or harbors a wild animal for use as a pet\nat the time that this section takes effect may retain possession of such\nanimal for the remainder of its life, provided that such person:\n a. Has not been convicted of any offense relating to cruelty to\nanimals or under a judicial order prohibiting possession of animals;\n b. Applies to the department within six months of the effective date\nof this section, and obtains from the department, a license pursuant to\nsubdivision four of this section;\n c. Complies with all applicable federal, state, or local laws,\nincluding any ordinance, rule or regulation adopted by a local board of\nhealth, or any rules and regulations established by the department as\nrequisites for ownership of such wild animal; and\n d. Reports a release to the local police department and animal control\nimmediately upon discovery of the release. Each escape during a twelve\nmonth period of time will subject the possessor to penalties by the\ndepartment pursuant to subdivisions eight and nine of this section.\n 4. The department shall be required to issue licenses authorizing\npossession of wild animals only to those persons who comply with the\nprovisions of subdivision three of this section and with any regulations\npromulgated by the department thereunder. Such license
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