Paws Up!

New York Assemblyman Blumencranz has proposed “Peanut’s Law: Humane Animal Protection Act” to strengthen protections for sanctuary animals seized by state law enforcement.

     The lives of sanctuary animals in New York may soon receive greater legal protection.

     A proposed amendment to Section 11-0512 of New York’s Environmental Conservation Law, known as Peanut’s Law: Humane Animal Protection Act, would change how the state handles animals seized from sanctuaries.

     The bill follows the widely reported case of Peanut the Squirrel. Peanut was a rehabilitated squirrel who gained a large following online. During an investigation by the New York State Department of Environmental Conservation (DEC), Peanut was seized and later euthanized.

  At NHES, we believe wild animals that can survive on their own should be released whenever possible. However, wildlife sanctuaries also serve an important purpose. Animals living in these facilities deserve humane and fair treatment.

 

What Would Peanut’s Law Change?

     One of the first goals of Peanut’s Law is to clearly define what qualifies as an animal sanctuary.

     Under the proposal, a sanctuary would include a wild animal care facility recognized under federal and state law and operating under a valid tax identification number, such as a 501(c)(3).

     This definition is important because it helps determine which organizations qualify for legal protections.

     Qualified sanctuaries would also have the right to an administrative hearing before animals are seized.

A 72-Hour Waiting Period

     If passed, Peanut’s Law would also change New York’s rules for euthanasia following an animal seizure.

     The bill would require a 72-hour waiting period before an animal could be euthanized. The only exception would involve an immediate public safety risk confirmed by a licensed veterinarian.

     During those 72 hours, families and sanctuary operators could file an emergency appeal with the DEC.

     An emergency review board would then examine the case. The board would include a licensed veterinarian, a public health official, and a sanctuary representative.

     Together, they would determine the most appropriate course of action.

More Transparency and Accountability

     Peanut’s Law would also create new reporting requirements for the DEC.

     The department would be required to publish quarterly reports explaining animal seizures and their outcomes.

     If euthanasia and rabies testing were necessary, the bill would also require those test results to be made public.

     If an animal tested negative for rabies, licensed sanctuaries would have the legal right to seek redress.

     These protections were inspired in part by Peanut’s case. The people who cared for him at P’Nuts Freedom Farm Animal Sanctuary had little legal recourse after he was seized and euthanized on the same day. Peanut later tested negative for rabies.

Protecting Animals While Addressing Public Safety

     In a letter to New York Governor Kathy Hochul, Assemblyman Blumencranz said he hopes Peanut’s Law will balance animal protection, public safety, and respect for sanctuary operators.

     The proposed bill could provide meaningful protections for animals living in licensed sanctuaries. However, it remains unclear whether New York lawmakers will ultimately support the legislation.

     In the meantime, there are still ways you can help wildlife in your own community.

     Support local conservation efforts, respect wildlife habitats, and contact qualified wildlife rehabilitators when an animal needs help. Small actions can reduce the number of wild animals that eventually require sanctuary care.

 

Update: This article has been modified on March 7, 2023. See changes below.

Paws Up! To Representative Earl Blumenauer for introducing the Captive Primate Safety Act.


January 24, 2023

Representative Earl Blumenauer introduced H.R. 3135: Captive Primate Safety Act on May 21, 2021. This bill was incorporated into H.R. 263: Big Cat Public Safety Act on December 20, 2022. Sadly, the Captive Primate Safety Act did not pass.

The Captive Primate Safety Act is an amendment to the Lacey Act Amendments of 1981. The most recent amendments prohibit interstate commerce of any prohibited primate species. The amendments also end importation, exportation, transportation, sale, receipt, acquisition, and purchase. They also ban the possession of any prohibited primate species.

Primates are highly intelligent animals that are typically social with other primates. They have no business being someone’s pet, and there is no way to replicate their environment in a person’s home.  They also can pose a considerable safety risk. The prohibited primate species list includes chimpanzees, galagos, gibbons, gorillas, lemurs, lorises, monkeys, orangutans, tarsiers, or any hybrid of such species.

H.R. 3135 does not apply to exhibiting animals under a Class C license. No individual should come in direct contact with a prohibited primate species unless they are a trained professional employee, licensed veterinarian, or are directly supporting conservation programs. They must also ensure that during public exhibitions of any prohibited primate species, except lemurs and galagos, the animal is at least 15 feet from members of the public. A permanent barrier to prevent public contact with the animal would also suffice.

Even though some identical provisions from the Captive Primate Safety Act were incorporated into the Big Cat Public Safety Act, it did not pass, and primates received no added protection. However, primates desperately still need this protection, so they no longer have to live unenriched lives as someone’s pet. The reintroduction of this bill is crucial for the future of primates.

Primates need your help! Please urge your local representatives to reintroduce similar legislation today!

Red squirrel sitting on a tree stump eating seeds.

Take Action

Contact Governor Hochul and show your support for Peanut’s Law.