State Legislation - Detailed View

Importation, possession, or sale of endangered wildlife


Species: ESA Endangered


Sector: All


Classification: Follows Federal Law


Description: Expands the ban on importing and sale of alligator and crocodile parts and products to a ban on import and sale of all ESA endangered species AND ban on import and sale of animals in violation of federal law or relevant international treaties - Delays ban on import and sale of alligator/crocodile - Requires disclosure of alligator products before 2030


Protection of cetaceans: unlawful activities.


Species: Cetaceans = whales, dolphins, porpoises


Sector: All


Classification: Ban – Captivity


Description: Expands ban on holding orcas in captivity to all cetaceans


Fish and Wildlife Activities


Species: Green iguana, black and white tegu; Nile monitor, green anaconda, Burmese python, reticulated python, Northern and Southern African Rock pythons, Amethystine


Sector: All except research and educational purposes


Classification: Ban – Possess, Import, Sale, Breeding


Description: Adds green iguanas and black and white tegus to the list of reptiles that cannot be possessed, imported, sold or bred; Changes entire list of prohibited reptiles from banning personal use to banning except for educational or research purposes


Prohibited Reptiles


Species: Green iguana, black and white tegu


Sector: All except traveling USDA exhibition and zoological facilities


Classification: Ban - Possess


Description: Bans new possession of green iguanas and black and white tegus by adding them to the prohibited reptile list


RELATING TO WILD ANIMALS.


Species: Dangerous Wild Animals = Hyena, aardwolf, Bear, Wolf, Elephant, Lion, tiger cheetah, jaguar, cougar, leopard, clouded leopard, caracal, ocelot, margay, serval, Crocodilian, Nonhuman Primate, Rhino, hippo, ANY other animal determined by Board


Sector: Importers


Classification: Codifies Rule


Description: Codifies previously adopted rules that ban importing dangerous wild animals except for under permit for:

1) Research, medical or scientific purpose,

2) Government zoo or aquarium or

3) Commercial filming up to 90 days if the performance is part of the filmed scene and it includes conditions sufficient to address risks


RELATING TO WILD ANIMALS.


Species: Dangerous Wild Animals = Hyena, aardwolf, Bear, Wolf, Elephant, Lion, tiger cheetah, jaguar, cougar, leopard, clouded leopard, caracal, ocelot, margay, serval, Crocodilian, Nonhuman Primate, Rhino, hippo


Sector: Exhibitors


Classification: Ban – Import


Description: Bans importing dangerous wild animals for circuses, carnivals or other live animal acts or performances – Creates misdemeanor fine of $5000-25,000 per animal


Marine Aquarium Fishing


Species: Aquatic Life = Native fish; native aquatic herp; Invertebrates


Sector: Commercial Aquarium Collectors


Classification: Ban – Commercial Collecting


Description: Bans all commercial harvesting (collecting) of aquatic life except for game fish and under a scientific, educational or propagation purpose license


CRIM CD-TRAVELING ANIMAL ACT


Species: Exotic Animal = native to foreign country or introduced from abroad


Sector: Traveling Exhibitors except nonmobile permanent institution or facility


Classification: Ban – Traveling Act


Description: Expands ban on elephant traveling acts to include all exotic animals


DNR-HERPTILES-VARIOUS


Species: Herptiles


Sector: All


Classification: Adds Limitation


Description:

• Excludes fishing and consumptive take of herptiles from Herptiles Act

• Moves endangered species under the act

• Lists examples of special use herptiles and states that the permit is to acquire and possess

• Bans take, harass, disturb, possession, transport, cause to be shipped, commercializing, propagating, moving, relocating, or releasing into the wild of herptiles under the act and creates Class B misdemeanor

• Allows nonresidents to collect herptiles from the wild for personal consumption under Fish and Aquatic Life Code

• Specifies that herptiles other than common snappers and bullfrogs may ONLY be taken by hand unless authorized

• For residents for all allowed species, adds that sport fishing license is not required under exemptions of Fish and Aquatic Life Code

• For T/E herp, removes recording with the conservation program AND adds that federal exhibits are not exempt from Herptiles Act

• Allows snapping turtles and bullfrogs to be taken according to administrative rule instead of hand or hook-and-line

• Removes places where bowfishing for common snapping turtles is not allowed and leaves up to rules

• Allows department to grant limited transfers of crocodilians and monitor lizards

• Allows department to investigate herptile disease and address certain diseases through rules AND allows confiscation and forfeiture of herptile with such disease

• Decreases Limited Entry Permit to 15 days with NO extension

• For violations, instead of being subject to confiscation they are subject to seizure and forfeiture

• When there is an imminent danger of loss of native herptiles, allows department to authorize taking from an area and specify methods, limits and devices

• For exemptions, removes veterinarians, wildlife sanctuaries, and wildlife rehabilitators AND limits motion picture to non-resident

• In Fish and Aquatic Life Code, amends aquatic life to include herp when it comes to fishing and consumption AND limits mollusks to aquatic mollusks

• House Amendment 1: Removes vet exemption for treating herp in violation if they report, ADDS licensed vets back to exemptions if actively treating and prevents escapes and public safety issues, ADDS a civil penalty for unlawful take/possession of species protected by the act, DELETES ban on collecting turtles for events where ranavirus present, Allows department to ban additional areas for taking herp, DELETES alligator snapping turtle ban


Exotic or dangerous wild animals


Species: Exotic or dangerous wild animals = bear, red and gray wolf, lion, tiger, leopard, clouded leopard, snow leopard, jaguar, cheetah, mountain lion, hybrid; crocodilians; nonhuman primate; spotted and striped hyena


Sector: All except:

1. Research

2. Wildlife sanctuary as described

3. Incorporated nonprofit animal protection organization (possess)

4. Veterinary clinic, hospital, practice or veterinarian or employed individual

5. Law enforcement, conservation officer or department

6. Transport through within 24 hours if contained & not exhibited

7. USDA Class C zoo or circus with listed requirements

8. Owners on 7/1/20 that meet requirements


Classification: Ban – Possess, Sell, Transfer, Breed


Description:

• Bans possession, sale, transfer and breeding of exotic or dangerous wild animals except those listed

• Bans declawing or removing canines except medical need

• Bans direct public contact except zoos with squirrel and owl and titi and saki monkeys, tamarins, marmosets, lemurs, loris, potto, galago, tarsiers, and uakari in natural enclosure w/o public barrier if employee on duty and signs prohibit touching or feeding

• USDA Class C must have no animal abuse/neglect convictions, no USDA no access or inspection interference in last 3 years, $250,000 liability insurance, files recapture plan and animal inventory annually

• Wildlife sanctuary must be 501(c)(3) that does not sell, trade, auction, lease or loan, use in for-profit, allow direct public contact, use for entertainment or traveling exhibit, breed such animals

• Current owners on 7/1/20 may keep them if proof of ownership on date, no additional animals, no animal abuse/neglect conviction, no revoked animal permit, escape plan on 7/1/20, annual registration 9/1, $250,000 liability insurance, notifies department within 72 hours of sale/transfer

• Has seizure and hearing procedures


CRIM CD-TRAVELING ANIMALS


Species: Animal = Bear; Elephant; Nonhuman primate; cougar, jaguar, leopard except clouded leopard, lion, tiger; gray kangaroo, red kangaroo; giraffe, hippo, rhino, tapir, zebra


Sector: Traveling Exhibitors except nonmobile permanent institution or facility


Classification: Ban – Traveling Act


Description: Expands ban on elephant traveling acts to include other animals


Amending the definition of dangerous regulated animal and restricting proximity of such animals to members of the public.


Species: Dangerous Regulated Animal = Bears; Wolf (pure); Felines - Lion, tiger, leopard, jaguar, cheetah, mountain lion, hybrids; Nonnative venomous snakes; Nonhuman primates


Sector: All


Classification: Add Animals; Ban – Public Contact


Description:

• Adds pure wolves and nonhuman primates to dangerous regulated animals list;

• Changes standards to AWA standards on 10/1/19;

• For USDA, allows maintaining inventories from 10/1/19

• Bans proximity to public without barriers and distance except for lemurs for ZAA and AZA

• Adds exemption for TV or motion picture companies working with USDA dealers or exhibitors OR USDA registered intermediate carriers, handlers or unlicensed exhibitors


An Act relative to the use of elephants, big cats, primates, and bears in traveling exhibits and shows


Species: Covered Animals = elephant, nonhuman primate, bear, lion, tiger, leopard, clouded leopard, snow leopard, jaguar, cheetah, mountain lion and hybrids


Sector: Traveling Exhibitors except nonmobile permanent institution or fixed facility


Classification: Ban – Traveling Act


Description: Bans using covered animal in traveling act except nonmobile permanent institution or fixed facility if not transported there for performance – Civil penalty up to $500 - $10,000 per animal


An Act relative to the use of elephants, big cats, primates, and bears in traveling exhibits and shows


Species: Covered Animals = elephant, nonhuman primate, bear, lion, tiger, leopard, clouded leopard, snow leopard, jaguar, cheetah, mountain lion and hybrids


Sector: Traveling Exhibitors except nonmobile permanent institution or fixed facility


Classification: Ban – Traveling Act


Description: Bans using covered animal in traveling act except nonmobile permanent institution or fixed facility if not transported there for performance – Civil penalty up to $500 - $10,000 per animal


Crimes; animals; ownership, possession, breeding, sale, and importing of nonhuman primates; prohibit with certain exceptions and provide penalty.


Species: Nonhuman primates


Sector: All except AZA, AAALAC, GFAS or ASA sanctuary, USDA, law enforcement, veterinarian, permitting agency, animal control, grandfathered animal owners


Classification: Ban – Possess, Own, Transfer, Breed, Import


Description:

• Bans owning and possessing nonhuman primates

• Bans transferring ownership except to exempt entity other than grandfathered owner

• Bans breeding except AZA or AAALAC

• Bans import unless state agency gives prior authorization and primate given permanent ID

• Penalty is misdemeanor of 1) removal of primate AND up to 93 days imprisonment, 500 hours of community service and/or $500-1000 fine


Prohibits the possession and transport of certain animals and body parts thereof at airports and port facilities owned or operated by the Port Authority of New York and New Jersey


Species: Priority Species = African elephant, African Leopard, African Lion, Black Rhino, White Rhino, NY Endangered; US threatened or endangered


Sector: Owners, sellers


Classification: Ban – Import, Export, Possess, Sale


Description: Prohibits import, export, shipping, receiving, processing, possession and sale of priority species, parts and fossils except for those currently owned and museums, zoos and similar


Relates to prohibiting the taking of zoo, petting zoo, carnival or circus animals


Species: Zoo, circus, carnival animals


Sector: Exhibitors


Classification: Ban – Take


Description: Bans using animals from zoos, circuses or carnivals for intentional take or for such entities or other exhibitors to give or sell such animal for that purpose - $500-2000 fine


Relates to prohibiting the taking of zoo, petting zoo, carnival or circus animals


Species: Zoo, circus, carnival animals


Sector: Exhibitors


Classification: Ban – Take


Description: Bans using animals from zoos, circuses or carnivals for intentional take or for such entities or other exhibitors to give or sell such animal for that purpose - $500-2000 fine


Relates to prohibiting the issuance of permits authorizing the use of wild animals in circuses


Species: Wild Animals


Sector: Circus except AZA or wildlife sanctuary


Classification: Ban – Circuses


Description: Prohibits issuing a permit or license to allow exhibition of wild animals in a circus including any education, exhibition or endangered or threatened species license


Relates to prohibiting the sale, trade or bartering or possession with intent to sell, trade or barter of certain wild animals or wild animal products and to the penalties imposed therefor


Species: Polar bear, wolf, red wolf, Asiatic lion, cheetah, clouded cougar, jaguar, leopard, leopard, margay, ocelot, snow leopard, tiger, alligator, caiman, crocodile, Gopherus tortoise, marine turtle (Cheloniidae), Tasmanian forester kangaroo, rhino, giraffe, vicuna


Sector: Sellers


Classification: Ban – Sale, Trade, Barter


Description:

• Adds trading and bartering to activities prohibited in regards to certain endangered species in 11-0536;

• REPLACES black and white rhino to all rhinos;

• ADDS giraffes

• For animals valued over $25,000, creates Class D Felony penalty of the greater of $20,000 or 2x FMV of animals


Limit Ownership of Certain Animals.


Species: Big Cat, Bear, Great Ape = Nonnative bear, Panthera cats, Great apes


Sector: All except the following are exempt from ban only:

1. USDA

2. Research

3. Wildlife sanctuary (refuge with NO commercial activity, entertainment or traveling exhibits, breeding of such animals)

. Incorporated nonprofit animal protection organization (temporary)

5. Veterinary hospital, clinic, practices, veterinarians, employees

6. Law enforcement

7. Circus (no in state facility)

8. Temporary transport through state less than 24 hours if not exhibited

9. AAALAC

10. Motion picture/ television


Classification: Ban – Import, Possess, Breed, Sale, Purchase


Description:


• Bans import, possession, keeping, purchasing, having custody of, breeding or selling big cats, bears and great apes except those exempt and grandfathered animals 6/1/19

• Grandfather animals need:

- Proof prior acquisition

- No additional animals unless pregnant

- No animal abuse/neglect conviction

- No animal license/permit revoked or suspended

- Escape, succession, disaster plans

- Allows reasonable inspections

- Registers with animal control by 9/1/19 and annually

- Notifies animal control of deaths and at least 72 hours of sale or transfer

- Sign at entrances that animal in there

• Transport requires species-appropriate container and federal law compliance

• Must be kept in escape-proof permanent enclosure with operable lock

• Bans public within 15’ except permanent barrier

• Bans release into wild

• Enforced by state or local law enforcement or animal control

• Allows localities to place further restrictions

• For violations, allow law enforcement upon probable cause to get judge or magistrate warrant to seize AND allows immediate placement with wildlife sanctuary, nonprofit animal protection, vet or AAALAC if public health or safety or animal cruelty or neglect OR must be impounded in place

• Requires hearing within 14 days and owner notice 5 days before

• If found guilty allows forfeiture to same entities or euthanized and prohibition on owning nonnative wild animals AND allows voluntary relinquishment

• Allows unconfined animal to be destroyed and owner liable

• Creates civil Class 2 misdemeanor penalty up to $5000/animal

• Omission resulting in escape or property damage is Class A1 misdemeanor and Class I felony for serious human body injury

• Requires Joint Oversight Committee to study the entities exempt in bill and what safety requirements and regulations exist, procedures to review any incidents, whether liability insurance is required, and whether additional statutes or regulations are necessary to protect from human death or injury – Report due 4/1/20


Limit Ownership of Certain Animals.


Species: Big Cat, Bear, Great Ape = Nonnative bear, Panthera cats, Great apes


Sector: All except the following are exempt from ban only:

1. USDA

2. Research

3. Wildlife sanctuary (refuge with NO commercial activity, entertainment or traveling exhibits, breeding of such animals)

. Incorporated nonprofit animal protection organization (temporary)

5. Veterinary hospital, clinic, practices, veterinarians, employees

6. Law enforcement

7. Circus (no in state facility)

8. Temporary transport through state less than 24 hours if not exhibited

9. AAALAC

10. Motion picture/ television


Classification: Ban – Import, Possess, Breed, Sale, Purchase


Description:


• Bans import, possession, keeping, purchasing, having custody of, breeding or selling big cats, bears and great apes except those exempt and grandfathered animals 6/1/19

• Grandfather animals need:

- Proof prior acquisition

- No additional animals unless pregnant

- No animal abuse/neglect conviction

- No animal license/permit revoked or suspended

- Escape, succession, disaster plans

- Allows reasonable inspections

- Registers with animal control by 9/1/19 and annually

- Notifies animal control of deaths and at least 72 hours of sale or transfer

- Sign at entrances that animal in there

• Transport requires species-appropriate container and federal law compliance

• Must be kept in escape-proof permanent enclosure with operable lock

• Bans public within 15’ except permanent barrier

• Bans release into wild

• Enforced by state or local law enforcement or animal control

• Allows localities to place further restrictions

• For violations, allow law enforcement upon probable cause to get judge or magistrate warrant to seize AND allows immediate placement with wildlife sanctuary, nonprofit animal protection, vet or AAALAC if public health or safety or animal cruelty or neglect OR must be impounded in place

• Requires hearing within 14 days and owner notice 5 days before

• If found guilty allows forfeiture to same entities or euthanized and prohibition on owning nonnative wild animals AND allows voluntary relinquishment

• Allows unconfined animal to be destroyed and owner liable

• Creates civil Class 2 misdemeanor penalty up to $5000/animal

• Omission resulting in escape or property damage is Class A1 misdemeanor and Class I felony for serious human body injury

• Requires Joint Oversight Committee to study the entities exempt in bill and what safety requirements and regulations exist, procedures to review any incidents, whether liability insurance is required, and whether additional statutes or regulations are necessary to protect from human death or injury – Report due 4/1/20


Prot. Public Dangrs. Animls/End Animl Cruelty.


Species: Dangerous Wild Animals = bear, gray wolf, cats and big cat hybrids except domestic, hyena, aardwolf, apes, Old World and New World monkeys, marmoset, capuchin, lemur, loris


Sector: All except the following other than direct contact ban:

1. AZA

2. Research

3. Wildlife sanctuary (refuge with NO commercial activity, entertainment or traveling exhibits, breeding of such animals)

4. Incorporated nonprofit animal protection organization (temporary)

5. Veterinary hospital, clinic, practices, veterinarians, employees

6. Law enforcement

7. Circus (no in state facility)

8. Temporary transport through state less than 24 hours if not exhibited

9. AAALAC

10. ZAA

11. USDA

12. Motion picture/ television


Classification: Ban – Possess, Sale, Transfer, Breed, Direct Contact


Description:


• Bans direct contact except for employees, supervised interns/ volunteers, students at public/ private college/university for coursework

• Bans possession, selling, transferring, breeding of dangerous wild animals except those exempt and grandfathered animals 6/1/19

• Grandfather animals need:

- Proof prior acquisition

- No additional animals unless pregnant

- No animal abuse/neglect conviction

- No animal license/permit revoked or suspended

- Escape, succession, disaster plans

- Allows reasonable inspections by law enforcement

- Registers with animal control by 9/1/19 and annually

- $250,000 liability insurance

- Notifies animal control of deaths and at least 72 hours of sale or transfer

- Sign at entrances that animal in there

• Transport requires species-appropriate container and federal law compliance

• Must be kept in escape-proof permanent enclosure with operable lock

• Bans public within 15’ except permanent barrier

• Bans release into wild

• Enforced by state or local law enforcement or animal control

• Allows localities to place further restrictions

• For violations, allow law enforcement upon probable cause to get judge or magistrate warrant to seize AND allows immediate placement with wildlife sanctuary, nonprofit animal protection, vet or AAALAC if public health or safety or animal cruelty or neglect OR must be impounded in place

• Requires hearing within 14 days and owner notice 5 days before

• If found guilty allows forfeiture to same entities or euthanized and prohibition on owning nonnative wild animals AND allows voluntary relinquishment

• Allows unconfined animal to be destroyed and owner liable

• Creates civil Class 2 misdemeanor penalty up to $5000/animal

• Omission resulting in escape or property damage is Class A1 misdemeanor and Class I felony for serious human body injury

• OTHER: Repeals state law exempting capture and captivity of opossums from Dec 29-Jan 2 from wildlife laws AND for Clay County from Dec 26-Jan 2


Protect Public from Dangerous Wild Animals.


Species: Dangerous Wild Animals = bear, gray wolf, cats and big cat hybrids except domestic, hyena, aardwolf, apes, Old World and New World monkeys, marmoset, capuchin, lemur, loris


Sector: All except the following other than direct contact ban:

1. AZA

2. Research

3. Wildlife sanctuary (refuge with NO commercial activity, entertainment or traveling exhibits, breeding of such animals)

4. Incorporated nonprofit animal protection organization (temporary)

5. Veterinary hospital, clinic, practices, veterinarians, employees

6. Law enforcement

7. Circus (no in state facility)

8. Temporary transport through state less than 24 hours if not exhibited

9. AAALAC

10. ZAA

11. USDA


Classification: Ban – Possess, Sale, Transfer, Breed, Direct Contact


Description:


• Bans possession, selling, transferring, breeding of dangerous wild animals except those exempt and grandfathered animals 6/1/19

• Grandfather animals need:

- Proof prior acquisition

- No additional animals unless pregnant

- No animal abuse/neglect conviction

- No animal license/permit revoked or suspended

- Escape, succession, disaster plans

- Allows reasonable inspections by law enforcement

- Registers with animal control by 9/1/19 and annually

- $250,000 liability insurance

- Notifies animal control of deaths and at least 72 hours of sale or transfer

- Sign at entrances that animal in there

• Transport requires species-appropriate container and federal law compliance

• Must be kept in escape-proof permanent enclosure with operable lock

• Bans public within 15’ except permanent barrier

• Bans release into wild

• Enforced by state or local law enforcement or animal control

• Allows localities to place further restrictions

• For violations, allow law enforcement upon probable cause to get judge or magistrate warrant to seize AND allows immediate placement with wildlife sanctuary, nonprofit animal protection, vet or AAALAC if public health or safety or animal cruelty or neglect OR must be impounded in place

• Requires hearing within 14 days and owner notice 5 days before

• If found guilty allows forfeiture to same entities or euthanized and prohibition on owning nonnative wild animals AND allows voluntary relinquishment

• Allows unconfined animal to be destroyed and owner liable

• Creates civil Class 2 misdemeanor penalty up to $5000/animal

• Omission resulting in escape or property damage is Class A1 misdemeanor and Class I felony for serious human body injury


An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in offenses against public order and decency, further providing for the offense of transporting animals in cruel manner.


Species: Performance Animal = bear; Cheetah, clouded leopard, cougar, jaguar, leopard, lion, tiger; elephant; shark; Gray/red kangaroo; Nonhuman primate; Giraffe, hippo, rhino, tapir, zebra; Sea lion, seal


Sector: Traveling Acts except non-mobile permanent institution or fixed facility if not used in performance


Classification: Ban – Traveling Acts


Description: Adds transporting performance animals in mobile or traveling housing facility for participating in traveling animal act to acts considered transporting animal in cruel manner


… RELATING TO THE PROHIBITION ON THE IMPORTATION OF WILDLIFE FOR CERTAIN PURPOSES, SO AS TO PROHIBIT A PERSON FROM TRANSPORTING CERTAIN TYPES OF WILDLIFE FOR ANY PURPOSE


Species: Furbearers, cervids, nondomestic pigs/ peccaries/bovids, coyote, turkey, nonnative marine and freshwater fish and invertebrates


Sector: Transporters


Classification: Ban – Transport


Description:Expands ban on transporting such species for release to a ban on transport for any purpose


RELATING TO THE PURCHASE AND RELEASE OF A COYOTE OR FOX, SO AS TO PROHIBIT THE PURCHASE, SALE, TRANSFER, POSSESSION, OR RELEASE OF A COYOTE OR A COYOTE-HYBRID


Species: Coyote and hybrids


Sector: All


Classification: Ban – Sale, Purchase, Transfer, Possess, Release


Description:Bans sale, purchase, transfer, possession and release of coyotes and coyote hybrids


… Relating to Nongame and Endangered Wildlife Species...


Species: Native herp; Endangered Species; Exotic Animals


Sector: All


Classification: Ban – Sale, Purchase, Trade, Exchange, Barter, Export, Ship, Transfer Possession, Remove; Regulates – Possession


Description:

• Bans sale, purchase, trade, exchange, barter, export, ship, transfer of possession and removing native reptiles and amphibians

• Allows Department to set possession limits of such herp

• Changes endangered species law from board to department

• Bans release of non native wildlife

• Allows department to prohibit or restrict non-native wildlife that have the potential to become established in the state in nuisance number or have a demonstrable deleterious and widespread threat to wildlife, agriculture or human health or safety

• Adds violation of new native herp law to nongame investigations penalty and increase from $500 to 1000 per animal and gives magistrate’s court jurisdiction and requires all department permits revoked for at least 2 years

• Adds exotic animal release ban and authority to prohibit species to endangered species penalties and increases fine from $1000 to $5000 per animal and gives magistrate’s court jurisdiction and requires all department permits revoked for at least 2 years

• Violators are liable for care of seized animals even if found not guilty

• Redefines alligator propagation facility and commercial purposes