002.01.20 Ark. Code R. § 038 - 9.02 Possession of Non-Native Wildlife In Captivity Restricted
A. It is unlawful
to possess captive non-native wildlife not excepted under Code 09.01 or
Addendum R1.01, unless the possessor can produce written documentation that
such wildlife was legally obtained in accordance with Section G of this
regulation and has been certified by an accredited veterinarian to be free of
diseases and parasites that may pose an adverse risk to native
wildlife.
B. It is unlawful for any
person to possess mountain lions (Puma concolor) except in
compliance with Codes 09.07.
C. It
is unlawful to possess tigers, African lions, and all species of bears not in
compliance with Ark. Code Ann. §§ 20-19-501 through 20-19-511 or Code
09.07.
D. It is unlawful to keep
non-native wildlife under inhumane or unhealthy conditions.
E. All non-native wildlife possessed in
captivity shall be maintained in enclosures, pens, or cages that are
sufficiently strong to prevent escape of the wildlife and that will protect the
wildlife from injury. Birds shall be kept in buildings or covered
pens.
F. Males and females of the
same species must be kept in separate enclosures, or if kept in the same
enclosure, the owner shall provide proof that all males or all females within
the enclosure have been neutered.
G. Animals shall either be acquired from
either a Commission-permitted Wildlife Breeder/Dealer, acquired in accordance
with Code 9.07 Exception I, or have been brought into the state in accordance
with a Commission Wildlife Importation Permit. Owners shall maintain records of
proof of legal ownership of such animals including licenses, bills of sale,
bills of lading, receipts, invoices and copies of Wildlife Importation Permits
or other satisfactory evidence. The date of acquisition, place of origin, and
the name, address, and telephone number of the person from whom the wildlife
was acquired shall be recorded. Owners shall provide these records to the
Commission upon demand.
H. It is
unlawful for any person to possess a primate except in compliance with Ark.
Code Ann. §§ 20-19-601 through 20-19-610.
I. Medically significant venomous reptiles
must be kept in accordance with a Venomous Reptile Possession Permit (Code
09.17).
PENALTY: Class 2
A. Any person convicted of violating this
regulation shall be liable for the costs incurred in the storage, care, and
maintenance of any equipment, wildlife, and/or fish seized in connection with
the violation.
B. Any person
convicted of violating this regulation shall be liable for the costs of any and
all tests and/or examinations of the illegally possessed wildlife, and also
shall be liable for the costs of destruction and/or disposal of the illegally
possessed wildlife, as deemed necessary by the Commission for the protection of
native wildlife.
Notes
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No prior version found.