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WV SB 477
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by ebaker511 on March 9, 2012
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Where the hell did the WV bill come from so suddenly that regulates exotics? Can anybody give me details on what I can do to help, or is it becoming too late already? I live in the upper part of the state and own some crotalids...from what I'm reading, I will have to part with them or risk keeping them. Didn't see any grandfather-type clause either. If anyone has more details on the action, please let me know as I am just becoming aware of it, and I follow SHHS, kingsnake, and fauna pretty closely.
Eric
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RE: WV SB 477
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by Atheris333 on March 10, 2012
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West Virginia is DANGEROUSLY CLOSE to passing a bill (introduced by the animal rights extremist group "Born Free") that would SEVERELY limit the ability of West Virginia citizens to keep wild/exotic pets including ALL reptiles (that's right, geckos, ball pythons, bearded dragons, corn snakes, boas, etc... ALL means ALL).
The definition of "wild/exotic animal" within the bill is: "any animals other than those defined as domestic and livestock, including mammals, birds, reptiles, amphibians and fresh water fish that are either native wildlife or exotic, including hybrids thereof..."
There WOULD be a permitting process for those who ALREADY possess the animals, BUT you would have to RE-apply EVERY year for EVERY animal in your possession. On top of that, EACH permit costs $200 EACH year. That adds up QUICKLY.
*******The bill has already passed through the WV Senate, and is now being considered in the House Judiciary Committee. If it passes this committee, it goes to the House floor for a full vote. If it passes there, it goes to the Governor for his approval. THIS IS WAY TOO CLOSE TO NOT TAKE ACTION!*******
THESE are the kinds of bills we need to be fighting TOOTH AND NAIL! Even though we don't live in WV, they are our neighbors, and bills like this are fuel for the animal rights wackos who try to strip us of our beloved animals, businesses and hobbies!
To read the bill in full, click HERE.
Here's how you can help!
Phone calls are the BEST way to help. Emails may not get read in time.
PHONE CALL CAMPAIGN:
We need everyone to TELEPHONE CALL the state house and register your opposition to SB477.
Sample script:
"I'm calling to express my opposition to SB477, the Exotic Animal Ban. I would like to urge the Senator to vote NO on SB477 when it is discussed in the Judiciary Committee and if it goes to the floor for a vote."
Be courteous. If they ask where you're from, tell them you're from Ohio and would be directly affected by the bill because your business would no longer be able to operate in WV.
Delegate Miley
Capitol Phone: (304) 340-3252
E-mail: tim.miley@wvhouse.gov
Delegate Hunt
Capitol Phone: (304) 340-3392
E-mail: mhunt@markahunt.com
Delegate Ellem
Capitol Phone: (304) 340-3394
E-mail: john.ellem@wvhouse.gov
Delegate Lane
Capitol Phone: (304) 340-3275
E-mail: patrick.lane@wvhouse.gov
Delegate Barker
Capitol Phone: (304) 340-3149
E-mail: larry.barker@wvhouse.gov
Delegate Brown
Capitol Phone: (304) 340-3106
E-mail: bonnie.brown@wvhouse.gov
Delegate Doyle
Capitol Phone: (304) 340-3184
E-mail: johndoyle@wvhouse.gov
Delegate Ferro
Capitol Phone: (304) 340-3111
E-mail: mike.ferro@wvhouse.gov
Delagate Fleischauer
Capitol Phone: (304) 340-3169
E-mail: barbaraf@wvhouse.gov
Delegate Frazier
Capitol Phone: (304) 340-3396
E-mail: john.frazier@wvhouse.gov
Delegate Longstreth
Capitol Phone: (304) 340-3124
E-mail: linda.longstreth@wvhouse.gov
Delegate Manchin
Capitol Phone: (304) 340-3166
E-mail: tmanchin@manchininjurylaw.com
Delegate Mannypenny
Capitol Phone: (304) 340-3139
E-mail: mike.manypenny@wvhouse.gov
Delegate Michael
Capitol Phone: (304) 340-3340
E-mail: harold@hardynet.com
Delegate Moore
Capitol Phone: (304) 340-3189
E-mail: clif.moore@wvhouse.gov
Delegate Pino
Capitol Phone: (304) 340-3170
E-mail: john.pino@wvhouse.gov
Delegate Poore
Capitol Phone: (304) 340-3248
E-mail: meshea.poore@wvhouse.gov
Delegate Walker
Capitol Phone: (304) 340-3135
E-mail: david.walker@wvhouse.gov
Delegate Wells
Capitol Phone: (304) 340-3287
E-mail: danny.wells@wvhouse.gov
Delegate Hamilton
Capitol Phone: (304) 340-3167
E-mail: bill.hamilton@wvhouse.gov
Delegate Ireland
Capitol Phone: (304) 340-3195
E-mail: woody.ireland@wvhouse.gov
Delegate Miller
Capitol Phone: (304) 340-3147
E-mail: jonathan@delegatejmiller.com
Delegate Oneal
Capitol Phone: (304) 340-3164
E-mail: john.oneal@wvhouse.gov
Delegate Overington
Capitol Phone: (304) 340-3148
E-mail: john@overington.com
Delegate Sobonya
Capitol Phone: (304) 340-3175
E-mail: kelli.sobonya@wvhouse.gov
EMAIL CAMPAIGN:
Sample Letter:
Subject Line: Please VOTE NO on SB477
Delegate Mannypenny and Committee Members,
As a stakeholder in the West Virginia reptile community I appreciate your concern for public safety and environmental protection. However, your proposed bill is far too over reaching in regards to reptiles. Who ever assisted in the construction of the bill doesn't understand the natural history, captive husbandry nor the economics of reptiles in WV. Most of these animals are tropical in nature and cannot survive the cold temperatures that prevail 3 seasons of the year in our state. The idea that these animals pose an invasive species threat to WV natural resources is unsupportable by fact. Additionally, these animals have never posed a public safety threat in WV or elsewhere.
The reptile industry represents $15 million annually in commerce in West Virginia. Thousands make their living in this State because of this business. To cavalierly destroy this non-traditional agricultural interest because of a fundamental lack of understanding is unacceptable. As written, this bill will hurt me and my family. It is bad idea to kill jobs in this kind of economy.
Working with certain reptiles entails a moderate occupational risk, but historically and statistically, reptiles represent virtually zero public safety risk. Dogs account for 35 deaths a year in this country (a dozen in 2012 to date). Captive reptiles less than one per year. Traditional livestock and pets have proven much more of a public safety risk than reptiles. According to US Fish & Wildlife and US Geological Services studies, the rare event of a death as the result of a captive reptile falls into the category of occupational hazard. There is no record whatsoever of a captive reptile creating any measurable risk to the public... NEVER!
SB477 has been rushed through the legislative process with minimal stakeholder input.
Neighboring Virginia has already seen the wisdom in reconsidering such an ill advised bill. Please remove ALL reptiles from SB477. Thank you.
Thank you.
Email List for House Natural Resources Committee: (Copy/Paste entire list into "To" line of your email. If emails bounce back, slightly change subject line keeping SB477 in it; or try sending to addresses one or a couple at a time)
tim.miley@wvhouse.gov
mhunt@markahunt.com
john.ellem@wvhouse.gov
patrick.lane@wvhouse.gov
larry.barker@wvhouse.gov
bonnie.brown@wvhouse.gov
johndoyle@wvhouse.gov
mike.ferro@wvhouse.gov
barbaraf@wvhouse.gov
john.frazier@wvhouse.gov
linda.longstreth@wvhouse.gov
tmanchin@manchininjurylaw.com
mike.manypenny@wvhouse.gov
harold@hardynet.com
clif.moore@wvhouse.gov
john.pino@wvhouse.gov
meshea.poore@wvhouse.gov
david.walker@wvhouse.gov
danny.wells@wvhouse.gov
woody.ireland@wvhouse.gov
jonathan@delegatejmiller.com
john.oneal@wvhouse.gov
john@overington.com
kelli.sobonya@wvhouse.gov
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RE: WV SB 477
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by Atheris333 on March 10, 2012
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Here is info on the Ohio Bill being reviewd as well...
This is a section by section summary of the bill. I weeded out all the legal talk and simplified it as much as I could. Read it a few times before you respond with questions because all the answers are pretty plainly written in here... I'll work on a one-page summary later. This is BAD BAD BAD! :(
Sect. 935.01 – What’s Included"Dangerous wild animal" means any of the following, including hybrids unless otherwise specified:
(1) Hyenas;
(2) Gray wolves, excluding hybrids;
(3) Lions;
(4) Tigers;
(5) Jaguars;
(6) Leopards, including clouded leopards, Sunda clouded leopards, and snow leopards;
(7) All of the following, including hybrids with domestic cats:
(a) Cheetahs;
(b) Lynxes, including Canadian lynxes, Eurasian lynxes, and Iberian lynxes;
(c) Cougars, also known as pumas or mountain lions;
(d) Caracals;
(e) Servals.
(8) Bears;
(9) Elephants;
(10) Rhinoceroses;
(11) Hippopotamuses;
(12) Cape buffaloes;
(13) African wild dogs;
(14) Komodo dragons;
(15) Alligators;
(16) Crocodiles;
(17) Caimans, excluding dwarf caimans;
(18) Gharials;
(19) Nonhuman primates other than the nonhuman primates specified in division (C)(20) of this section;
(20) All of the following nonhuman primates:
(a) Golden lion, black-faced lion, golden-rumped lion, cotton-top, emperor, saddlebacked, black-mantled, and Geoffroy's tamarins;
(b) Pygmy, white-tufted-ear, silvery, and black-pencilled marmosets;
(c) Squirrel monkeys, including Central American squirrel monkeys;
(d) Southern and northern night monkeys;
(e) Dusky titi and masked titi monkeys;
(f) Muriquis;
(g) Goeldi's monkeys;
(h) Brown, white-faced, weeping, and white-fronted capuchins;
(i) White-faced, black-bearded, white-nose bearded, and monk sakis;
(j) Bald and black uakaris;
(k) Black-handed, white-bellied, brown-headed, and black spider monkeys;
(l) Common woolly monkeys;
(m) Red, black, and mantled howler monkeys.
(21) Any other animals designated by the director of agriculture in rules.
(D) "Federal animal welfare act" has the same meaning as in section 959.131 of the Revised Code.
(E) "Felony drug abuse offense" has the same meaning as in section 2925.01 of the Revised Code.
(F) "Health district" means a city or general health district created by or under the authority of Chapter 3709. of the Revised Code.
(G) "Humane society" means an organization that is organized under section 1717.05 of the Revised Code.
(H) "Law enforcement officer" means a sheriff, deputy sheriff, constable, police officer of a township or joint police district, marshal, deputy marshal, municipal police officer, or state highway patrol trooper.
(I) "Natural resources law enforcement officers" means peace officers as specified in division (A)(6) of section 109.71 of the Revised Code and employees of the division of wildlife specified in sections 1531.13 and 1531.14 of the Revised Code.
(J) "Offense of violence" has the same meaning as in section 2901.01 of the Revised Code.
(K) "Restricted snake" means any of the following:
(1) All of the following constricting snakes:
(a) Green anacondas;
(b) Yellow anacondas;
(c) Reticulated pythons;
(d) Indian pythons;
(e) Burmese pythons;
(f) North African rock pythons;
(g) South African rock pythons;
(h) Amethystine pythons;
(i) Boa constrictors.
(2) Species of the following families:
(a) Atractaspididae;
(b) Elapidae;
(c) Viperidae.
(3) Boomslang snakes;
(4) Twig snakes;
(5) Any other snakes designated by the director in rules.
The list is basically setup up in 3 groups: Dangerous Wild Animals, Restricted Constricting Snakes, and Restricted Venomous Snakes
Sect 935.02 - Effective Date: January 1, 2014
Sect 935.03 - Certain groups are excluded including zoos, vets, research facilities, approved shelters, etc…
Sect 935.04 - Animals listed in Dangerous Wild Animal must be registered (each animal) and microchipped (this does not include Restricted Snakes)
Sect 935.05 - To keep (but NOT breed/sell) animals from the Dangerous Wild Animal group, you must apply for an annual “wildlife shelter permit”.
Annual fee for 3 or fewer animals = $500, 4-15 animals = $1000, 16+ animals = $2000
Liability Insurance for 5 or fewer animals = $250k, 6-15 animals = $500k, 16+ animals = $1million
Sect 935.06 - Director of Agriculture issues permits and has 90 days to approve/deny your application
Sect 935.07 - To keep and BREED animals from Dangerous Wild Animal list…
Annual fee for fewer than 50 animals = $1k, 51+ animals = $3k
CANNOT sell, just breed for purposes of “species survival program”
Sect 935.08 – To keep (but NOT breed/sell) animals listed on Restricted Snake list you must apply for an annual Restricted Species Possession Permit
Only 1 permit required, regardless of number of snakes (although the permit will require you to list what you have)
2 yrs of experience OR pass written exam on care/safety for Venomous snakes
Escape plan (submitted to county sheriff AND local law enforcement)
Proof of vet/client relationship for each restricted snake (not clear if this is for every individual snake or just each type)
Annual fee for fewer than 3 snakes = $100, 4-15 snakes = $300, 16+ snakes = $500
Liability insurance for fewer than 5 snakes = $100k, 6-15 snakes = $250k, 16+ snakes = $500k
If you ONLY have boas, liability insurance is as follows: 5 or fewer animals = $5k, 6-15 animals = $10k, 16+ animals = $15k
Sect 935.09 - Director of Agriculture responsible for permits, will perform criminal records check for felony drug abuse or violent felonies OR convicted of animal abuse OR the failure to report the escape of a non-native and/or dangerous animal
If person dies, same responsibilities passed on to next of kin (with option to transfer ownership to someone else)
Sect 935.10 - To keep AND breed/sell Restricted Snakes you must obtain a Restricted Snake Propagation Permit by 1/1/2014
Annual fee for 3 or fewer snakes = $200, for 4-15 snakes = $600, for 16+ snakes = $1k
Sect 935.11 - If you have Dangerous Wild Animals AND Restricted Snakes, you must apply for both applicable permits
Sect 935.12 - For Dangerous Wild Animals there are certain caging/care requirements that I won’t get into here because they don’t apply to the Restricted Snakes.
For Restricted Snakes, caging requirements must adhere to the Zoological Association of America standards:
“In addition to requirements of this section, each enclosure shall be provided with an environment or devices that allow for temperature regulation necessary to insure the well-being of the species. The environment or devices shall be non-injurious, and may include, but are not limited to hot rocks, artificial lights, natural sunlight and heat strips. Each enclosure shall be provided with a non-injurious substrate such as newspaper, processed wood shavings, rocks, sand or indoor-outdoor carpet. Such substrate shall be disposed of or sanitized at intervals sufficient to insure the health of the animal(s).
Enclosure sizes for all snakes and glass lizards shall be based upon the length of the longest specimen in the enclosure.
For up to two specimens, a cage or enclosure having a perimeter equal to the length of the longest specimen, the width of the cage shall not be less than 20 percent of the length of the longest specimen. The width of the enclosure shall not be required to exceed 3 feet. For each additional specimen, increase perimeter by 10 percent.”
These are pretty reasonable and a vast majority of us already (unknowingly) meet or exceed these guidelines.
Sect 935.13,14 - Director of Agriculture can revoke permits for violations and maintain a database of permit holders/animals
Sect 935.15 - Keeper must maintain records for EACH animal including: scientific/common name, name/address of person obtained from, date acquired, date of birth if the snake was produced by you, name/address of who you sold animal to, date of death/escape if applicable, microchip ID number (microchips do NOT apply to snakes)
Sect 935.16 - Must notify law enforcement and Dept of Agriculture if animal escapes.
Animal can be killed if it is a danger to public and owner is responsible for any resulting costs
Sect 935.17 - More care standards for animals on Dangerous Wild Animals list and guidelines for “experience exam” for Dangerous Wild Animals and/or Venomous Snakes
Sect 935.18 - All non-venomous animals from Restricted Snakes list are OK to sell at shows/auctions
There is a portion of this section that requires “warning signs” on doors/properties/cars containing any of the restricted animals, but it is not clear whether that applies to the Restricted Snakes or not.
Sect 935.19 - Inspections are allowed ONLY with permission from owner. Without permission, inspectors/law-enforcement must obtain a warrant.
Sect 935.20 - Investigations can only take place if Director of Agriculture has reason to believe the law is violated (still requires warrant). If violations are found, animal can be confiscated and charges filed. There is a process to challenge these findings.
Sect 935.21 - Law Enforcement representative can accompany inspector (again, unless there is a warrant, they need permission to inspect)
Sect 935.22 - Govt. employee (inspector) not liable for civil damages if you decide to file civil suit.
Sect 935.23 - For venomous snakes, you must have anti-venom ON HAND and are liable for any bites.
Sect 935.24 - Both civil and criminal penalties for violations of the laws
Sect 935.25 - Dangerous/Restricted Animal Fund created using permit fees to fund the process
Sect 935.26 - Advisory Board created to review current/proposed laws and care standards (several members of the public will be included on this board, see bill for details)
Sect 935.99 – If you violate the section requiring warning signs, first violation is 1st degree misdemeanor, subsequent violations is 5th degree felony. Intentional release automatically constitutes a 5th degree felony.
Now that we know what the bill looks like and when it will be discussed and in what committee...
THESE ARE ALL CRITICAL STEPS TO HELP INFLUENCE THIS BILL!
1) We need to blow up their phone lines!
If you are from ANY of the following counties, you NEED to call in to your senator and let them know your vote for or against them in the next election may come down to how they stand on this issue!
Auglaize, Defiance, Fulton, Hancock, Hardin, Henry, Paulding, Putnam, Van Wert, Williams - Call into Senator Hite's office @ (614) 466-8150
Fairfield, Hocking, Licking, Perry, Pickaway - Call into Senator Schaffer's office @ (614) 466-5838
Belmont, Columbiana, Harrison, Jefferson, Tuscarawas - Call Senator Gentile's office @ (614) 466-6508
Athens, Coshocton, Guernsey, Meigs, Monroe, Morgan, Muskingum, Noble, Washington - Call in to Senator Balderson's office @ (614) 466-8076
Crawford, Logan, Marion, Ottawa, Sandusky, Seneca, Union, Wyandot - Call in to Senator Burke's office @ (614) 466-8049
Ashtabula, Trumbull - Call in to Senator Cafaro's office @ (614) 466-7182
Allen, Auglaize, Champaign, Darke, Mercer, Preble, Shelby - Call in to Senator Faber's office @ (614) 466-7584
Huron, Lorain, Seneca - Call in to Senator Manning's office @ (614) 644-7613
Carroll, Mahoning, Stark, Tuscarawas - Call in to Senator Schiavoni's office @ (614) 466-8285
If you are NOT from one of those counties, PLEASE CALL THEM ALL ANYWAY! They need to hear from LOTS of Ohio residents!
Let them know that you are a concerned Ohio resident and that you do NOT approve of how this bill is written. The permitting fees and requirements are excessive and will suffocate local small businesses and hobbyists. Reptiles (snakes specifically) do NOT belong on this bill as they are NOT dangerous to the general public and are much easier to care for in a safe and humane manner than big cats/bears/etc are.
I realize some of you may not agree with trying to separate out reptiles from non-reptiles, and that is your right. Say what you think needs said to the senators, but remember to keep it logical, fact-based and DON'T GET EMOTIONAL. They don't CARE that these are our pets, so DON'T USE THAT ARGUMENT. It's a waste of time.
Our MAIN GOAL needs to be getting snakes removed from this bill, but our "fall back" position needs to center around the permitting fees/structure and excessive liability insurance requirements. If we can get those suffocating requirements omitted we will be in MUCH better shape.
2) Have friends/family call those same numbers to voice their opposition to the bill as written!
3) Try to set up a meeting with someone in your Senator's office to discuss the bill
If you don't know who your senator is, click on THIS LINK to find out. Contact him/her and request a meeting to discuss the exotic animal bill. DRESS NICE. GET CLEANED UP. BE PROFESSIONAL and COURTEOUS and BE PREPARED with factual information and NOT with emotional appeals about our pets! If you need guidance, please let me know!
4) Show up at the Committee Meetings to voice your opinion or just simply show support!
Known meetings are as follows:
March 14th @ 9am for the initial reading and sponsor testimony
March 20th @ 1030am for public testimony and discussion of possible amendments
Numbers are VERY VERY important here so CLEAR YOUR SCHEDULES!!! The more people we have representing us, the more powerful our voices will be. This is how you get congressmen/women to notice you! NUMBERS! We NEED every body we can to show up. Those who want can prepare a testimony to be given at the meeting. Again, our MAIN GOAL needs to be getting snakes removed from this bill, but our "fall back" position needs to center around the permitting fees/structure and excessive liability insurance requirements and how they will DEVASTATE our ability to keep/breed/sell these animals. If we can get those suffocating requirements omitted we will be in MUCH better shape. Contact me for more details!
More details about exact location will follow, but if you plan to come, please send me an email with "COUNT ME IN" in all caps in the subject line so I can know how many to expect! DON'T REPLY TO THIS EMAIL, START A NEW ONE with "COUNT ME IN" as the subject, please!
It's time to STAND UP AND FIGHT! NO EXCUSES!
-Chris
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RE: WV SB 477
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by ebaker511 on March 12, 2012
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I thank you Trey for the info and I will be making some calls today as well as emailing quite a few individuals. Join in everybody please. I feel like I'm a very large portion of the venomous keeping population here in WV...don't know any others at all. I know that as a community we can keep our right to keep our collections.
Eric
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RE: WV SB 477
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by wvslayer on April 3, 2012
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UPDATE 4/3/12 @ 10:15 p.m.
CHARLESTON, W.Va. (AP) -- A bid to restrict exotic animals in West Virginia is among a half-dozen bills vetoed from the recent regular session.
Gov. Earl Ray Tomblin disapproved the measures by Tuesday's deadline to act on legislation.
The Division of Natural Resources' concerns regarding funding and enforcement prompted the exotic animal veto.
woooohooooooo for wv reptile owners
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RE: WV SB 477
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by ebaker511 on April 4, 2012
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Well hells yeah! I'm glad to hear that WV simply doesn't want to spend money or try to enforce...I think we may be able to get by for a few years riding on their laziness from what I've seen with WV state work. I have worked with various parts of the state for 5 years now and I should have guessed they would use that mentality...pshh why did I even worry...haha.
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