N.Y. Comp. Codes R. & Regs. tit. 6 § 182.14

Current through Register Vol. 46, No. 45, November 2, 2024

Section 182.14 - Special rules: alligator, caiman and crocodile (order crocodylia)

(a) Definitions. As used in this section, the following shall mean:

(1) Person shall mean any individual, corporation, partnership, firm or any other legal entity whatsoever.

(2) Registration shall mean the document issued by the department entitling the holder to import or possess alligator, caiman or crocodile, or the parts thereof or products made therefrom.

(3) Permit shall mean the document issued by the department to an individual retail establishment, store or outlet authorizing retail sale of alligator, caiman or crocodile, or the parts thereof or products made therefrom, at such individual retail establishment, store or outlet.

(4) Federal permit shall mean a permit to import or possess alligator, caiman or crocodile, or parts thereof or products made therefrom, issued by the United States Department of the Interior.

(5) Possession shall mean possession with the intention of future sale, except retail sale. It shall include possession for the purposes of tanning or processing hides, or fabricating or finishing products made therefrom.

(6) Retail sale shall mean sale or offering to sell by an individual retail establishment, store or outlet to the ultimate consumer.

(7) Import shall mean to bring into, or introduce into, the State of New York any alligator, caiman or crocodile or the parts thereof or products made therefrom.

(8) CITES shall mean the Convention of International Trade in Endangered Species of Wild Fauna and Flora, and any amendments thereto.

(9) Record shall mean invoices, bills of sale, bills of lading, shipping manifests or such other documents as are maintained in the ordinary course of the business of a person to whom a registration or permit has been issued pursuant to this section, in the form of which such documents are ordinarily maintained by such person, as are necessary in order that the department may be adequately, and without unreasonable inconvenience, informed of the date of any transaction by which alligator, caiman or crocodile parts or products were acquired and the name and address of the person from whom such parts or products were acquired.

(b) Prohibitions. It shall be unlawful for any person to:

(1) import or possess alligator, caiman or crocodile, or the parts thereof or products made therefrom, without a registration issued by the department. Where a Federal permit is required, such registration shall be issued only to a person holding a valid Federal permit. Possession by an applicant of a valid Federal permit shall entitle the applicant to registration pursuant thereto;

(2) sell or offer to sell at retail alligator, caiman or crocodile, or the parts thereof or products made therefrom, without a permit issued by the department;

(3) import, possess, sell or offer to sell any alligator, caiman or crocodile, or parts thereof or products made therefrom, in violation of the Code of Federal Regulations, 50 CFR parts 17 and 23;

(4) import, possess, sell or offer for sale any live alligator, caiman or crocodile, except for scientific or educational purposes as authorized by the department; or

(5) violate the terms of provisions of any registration or permit issued pursuant to this section.

(c) Application for registration or permit; interim registration or permit. Until April 1, 1981, an application for registration or a permit, on the form provided by the department and accompanied by the proper fee, shall be deemed to be an interim registration or permit and shall satisfy the registration and permit requirements of this section, provided such application has actually been received by the department. Registrations and permits, and renewals thereof, issued after April 1, 1981 shall be valid through the following March 31st.

(d) Fees. The annual fee for the registration required by this section shall be $150. The annual fee for a permit shall be $25.

(e) Maintenance of records; inspection. A person to whom a registration or permit has been issued pursuant to this section shall maintain complete and accurate records concerning importation and possession of alligator, caiman or crocodile parts or products. Such records shall be maintained for a minimum of five years, and shall be available for inspection by an officer of the department at any reasonable hour.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 182.14