The Humane Society of New York has serious concerns regarding the proposed amendments to Health Code section 161.01 to prohibit the sale and possession of wild animals in New York City.

While we do not object to the concept of defining more specifically the species that are prohibited from being sold or possessed, we strongly object to the inclusion of ferrets on this list and we strongly object to the lack of due process afforded to those in possession of animals that the Department of Health deems to be wild.

Ferrets are not wild animals. As is the case with dogs, cats, and other domesticated animals, ferrets are not naturally inclined to do harm. As is the case with dogs, cats and other domesticated animal, ferrets are capable of doing harm and it is incumbent on their human companions to care for their animals in a responsible manner. Banning the possession or sale of ferrets on the basis that they are a wild animal inclined to do harm is misguided.

In 1997, the New York State Legislature repealed that part of section 11-0511 of the Environmental Conservation Law which required people to obtain a license from the Department of Environmental Conservation (DEC) to possess, sell or breed ferrets. This change was made at the urging of the DEC. According to Randall Stumboll, Biologist 3 at the DEC, the original intent of the ferret licensing requirement was to protect our state's wildlife. It had been feared that if large numbers of ferrets escaped, they would have a detrimental effect on the wild animal population. This did not occur. After many years of review and a determination that ferrets did not pose a threat to wildlife, domesticated animals or human beings, the DEC simply issued licenses for ferrets whenever they were requested. It became a bureaucratic tax.

In fact, the DEC felt so strongly that ferrets need not be licensed that it spearheaded the effort to remove ferrets from the list of animals for which a license is required. Simply put, the DEC does not believe that ferrets pose a danger to humans, wildlife or domesticated animals warranting a ban on their possession or warranting a requirement that people obtain a license to possess or sell them. We question why the New York City Health Department seems to be ignoring the DEC.

The Health Department seeks to justify the promulgation of a ferret ban based on some instances where children have been harmed by ferrets. While it is true that ferrets have sharp teeth and can cause harm, they are not inclined to do so. They are not wild animals. According to Dr. Michael Weltz, veterinarian at the Humane Society of New York, "I have treated numerous ferrets and consider them to be companion animals, not wild animals. Just as with dogs and cats, humans must supervise their companion animals and should not leave young children unattended with any animal. The fact that ferrets have the ability to do harm does not make them wild animals. Also interesting and important to note is that ferrets are one of the few animals that have a rabies vaccine approved for them."

The Humane Society of New York also objects to the language in the proposed regulations at section 161.01 (c) which allows the commissioner to issue an order which grants owners of seized animals the right only to request an opportunity to be heard with respect to whether the animal is prohibited and its appropriate disposition. Hearings should be mandatory, not something that one may request and that may be refused. Any rule should state that a hearing must be held within five days of the date an animal is seized with such date, time and place of hearing given to the owner at the time of seizure and with immediate written notice of the hearing sent to the owner. Prior to seizing the animal, the owner should be given the opportunity to leave the city with the animal, if the animal appears well cared for, and the owner resides in a place where such animal is allowed to be kept. We recommend that the Health Department review the language in section 121 of the Agriculture and Markets Law which pertains to hearing requirements for dangerous dogs.

In sum, the Humane Society of New York agrees with the Health Department that wild animals should not be kept in New York City. They should not be kept as pets, since they pose a health and safety threat to humans and other animals. Also, most people are not capable of providing these animals with necessary and humane care. However, ferrets are not wild animals and thus their possession should not be prohibited. Due process must be afforded to persons whose animals have been seized and who have been charged with possessing or selling a wild animal. The current language of the Health Department's proposal fails to accomplish this.