002.01.20 Ark. Code R. § 054 - F1.03 Wildlife Breeder/Dealer Permit Requirements
A. Wildlife Breeder/Dealer Permits may be
issued to applicants complying with the following requirements:
1. The applicant must be at least 18 years
old and shall not have been convicted of, or entered a plea of guilty or nolo
contendere for, violating any federal, state or municipal law governing captive
wildlife, illegal appropriation or commercialization of wildlife, or cruelty to
animals within five years of the application date.
2. The applicant shall provide to the
Commission, in writing, proof from the county judge or sheriff and any
municipal planning commission or board with jurisdiction, stating that the
applicant's facility shall be in compliance with all local ordinances;
and
3. The applicant shall submit a
written application (available from the Commission) for each facility to be
permitted.
B. The
requested permit shall be denied if:
1. The
applicant fails to meet any of the issuance criteria set forth in this addendum
chapter;
2. The applicant fails to
disclose material information required, or makes false statements as to any
material fact in connection with the application, or supplies false information
or makes a false statement on the application;
3. The Commission finds, through further
inquiry or investigation, the issuance of the permit may pose a significant
risk to human health and safety, native fish and wildlife health or
populations, or agriculture, or the proposed species cannot be safely confined
in a humane manner.
4. The
applicant is seeking to permit a new facility for the rearing, breeding,
propagating, or distributing of large carnivores, mountain lions, or any member
of the Cervidae family.
5. The
applicant is seeking to permit a facility for a species listed in Addendum
R1.03. However, the Director (or designee) may issue a permit for a species not
listed in Addenda R1.02 or R1.03 should an evaluation by Commission staff
determine the species does not pose a significant risk to human health and
safety, native fish and wildlife health or populations, or agriculture and can
be safely confined in a humane manner.
6. The applicant is seeking a Wildlife
Breeder/Dealer Permit for waterfowl on properties where poultry is raised for
sale, show, or exhibition.
C. Permit Requirements:
1. The applicant shall supply satisfactory
evidence stock has been/will be secured from a legal source.
2. Stock may be slaughtered in accordance
with established husbandry practices for slaughter of domestic livestock.
Purchasers of dressed game birds slaughtered at Wildlife Breeder/Dealer
facility shall be issued by a permit holder a receipt with the name and address
of the facility, date of sale, name of purchaser, and the number of and species
of dress birds sold.
3. Fencing of
enclosures in which deer, elk or other big game animals are to be held shall
consist of a permanent deer-proof fence at least 8 feet tall and constructed in
a manner that prohibits escape of captive wildlife and prohibits entry of
native wildlife.
4. Waterfowl
hatched in wildlife breeder/dealer facilities shall be banded with a seamless
metal band.
5. Wildlife
Breeder/Dealer Permit holders for cervids, blackbuck antelope, black-tailed
prairie dogs, capybara, nilgai, aoudad sheep, kudu, lechwe, ibex, jaguar,
leopard, snow leopard, hippopotamus, warthog, Family Salamandridae, large Asian
and African Pythons, and rhinoceros shall only sell individuals of those
species to Arkansas residents who possess a current Wildlife Breeder/Dealer
Permit for the respective species or to buyers outside of Arkansas.
Additionally, Wildlife Breeder/Dealer Permit holders for cervids may sell
cervids to Arkansas residents who possess a current Commercial Wildlife Hunting
Resort Permit for cervids.
6. Live
bobwhite quail sold to Arkansas residents who do not possess a Wildlife
Breeder/Dealer Permit or Game Bird Shooting Resort Permit must be banded by the
permit holder.
7. Rearing,
breeding, propagating, producing or distributing primates shall not be
permitted except facilities accredited by the Zoological Association of
America.
8. A Wildlife
Breeder/Dealer Permit holder is prohibited from moving cervids out of the
permitted facility upon written notice by the Commission that a sample taken
from a cervid within 25 miles of the facility tested positive for
CWD.
D. Reporting and
Record-keeping Requirements:
1. Legible
records of all wildlife acquisitions and dispositions, including births,
deaths, sales, slaughter and transport, shall be kept.
2. Records shall include evidence of legal
possession of all wildlife kept under the permit, including licenses, bills of
sale, bills of lading, receipts, invoices or other satisfactory evidence of
ownership. Records shall include date of acquisition, place of origin, and the
name, address and telephone number of the person from whom the wildlife was
acquired.
3. Records of sale shall
include the name, address and telephone number of the person to whom the
wildlife was sold, and the number of each species sold to each
person.
4. Records must be retained
throughout the time the wildlife is possessed by the permittee or for five
years, whichever is longer.
5.
Holders of Wildlife Breeder/Dealer Permits shall submit legible, complete
quarterly reports (forms available from the Commission) of their inventory and
any births, deaths, sales, purchases of wildlife or returned legally owned
wildlife originating in Arkansas that has been out of the state for less than
30 days by the fifth day of the following months: March, June, September, and
December.
6. Wildlife
Breeder/Dealer Permit holders who possess cervids in facilities larger than 25
acres where the animals are allowed free range may report an estimated
inventory number based on a Commission-approved survey technique.
7. Stock shall only be acquired from either a
Commission-permitted Wildlife Breeder/Dealer or have been brought into the
state in accordance with a Commission Wildlife Importation Permit. Permits will
not be issued to and existing permits may be revoked for facilities that have
acquired stock by any other method except for stock in possession, and not
otherwise prohibited by this Code, for which an application was submitted to
the Commission by July 1, 2021, and approved.
8. The Commission shall be notified within 24
hours of the escape of any animals from the facility.
E. Disease Testing and Control:
1. The director of the Commission, in
consultation with the director of the Arkansas Livestock and Poultry
Commission, or their designees, shall determine mechanisms and procedures for
control of diseases and parasites in captive wildlife within Arkansas. Such
mechanisms and procedures shall include, but not be limited to, examination,
testing, quarantine and slaughter or destruction of individual animals and/or
herds or flocks that are, or in the opinion of the Commission may be, infected
with a disease or parasite that may have significant detrimental effect on
native wildlife, other captive wildlife, livestock or the public health of the
citizens of Arkansas.
2.
Examinations, testing, quarantine and slaughter of captive wildlife shall be
conducted at the expense of the owner. As a condition of any permit issued
under this addendum chapter, the Commission may require the captive wildlife be
quarantined for a period specified by the Commission.
3. All Cervids that die in captivity must be
tested for chronic wasting disease. Copies of test results shall be forwarded
to the Commission within seven days of receipt.
4. Captive Cervid facilities must be in
compliance with all Arkansas Livestock and Poultry Commission
requirements.
5. Permitted Wildlife
Breeder/Dealer facilities in which birds are kept are required to adhere to
Arkansas Livestock and Poultry Commission requirements regarding
pullorum-typhoid disease tests and are encouraged to participate in the
National Poultry Improvement Plan.
6. Each Wildlife Breeder/Dealer facility
where waterfowl are kept is required to test 60 birds for duck virus enteritis
using the PCR technique every May. Facilities containing less than 60 birds
shall test all birds in stock. Samples shall be taken by a licensed
veterinarian and submitted to the Arkansas Livestock and Poultry Commission at
the owner's expense. Copies of test results shall be forwarded to the
Commission within seven days of receipt.
7. Flocks testing positive for duck virus
enteritis shall be quarantined or destroyed by the owner or operator within 14
days and the carcasses disposed of in accordance with Arkansas Livestock and
Poultry Commission regulations.
F. Facility and Caging Requirements: All
wildlife possessed under a Wildlife Breeder/Dealer Permit in Arkansas shall be
maintained in a permanent enclosure, pen, or cage strong enough to prevent
escape of the wildlife and protect them from injury. All wildlife shall be
maintained in humane and healthy conditions. Birds must be kept in buildings or
covered pens that prevent escape and that do not allow entry of wild birds.
Enclosures shall be kept in good repair at all times and gates shall be
securely fastened with latches or locks. Enclosures, pens or cages considered
unsafe by Commission personnel must be repaired or reconstructed within 10 days
or as specified by the Commission.
1.
Facilities containing large carnivores and mountain lions shall meet the
following requirements:
i. A written plan of
action shall be prepared and a copy submitted with permit application for use
in the following events: Severe damage to enclosures from fire, wind, floods or
other natural forces; animals attacking and/or injuring humans, and animals
escaping enclosures. Plans should identify the location of temporary holding
facilities and necessary mechanisms to safely transport large carnivores to
these facilities. Recapture plans shall outline procedures for handling and
recapturing escaped large carnivores. Plans should include a list of safety
equipment which shall be available for use. The Commission shall immediately be
notified upon the escape of any large carnivores or mountain lions. In the
event of sickness, the name, address, phone number, and signature of the
veterinarian who has agreed to care for the animal shall be provided.
ii. A perimeter fence sufficient to deter
entry by the public, at least 8 feet tall shall completely surround cages where
animals are housed or exercised outdoors. Perimeter fences that allow objects
to be passed through them, such as chain link or welded wire, shall be at least
3 feet from cages or exercise areas.
iii. Warning signs must be posted at the
entrance to the property.
iv. All
cages or enclosures shall be equipped with an entrance or device that allows a
keeper to enter or exit a cage without providing an avenue of escape to an
animal (such as a double-gated entry door, interconnected cages that can be
isolated from each other, a lock-down area, or other comparable device). Safety
entrances shall be constructed of materials of equivalent strength as those
prescribed for cage construction. Doors or gates in perimeter fences shall be
locked when unattended.
v. Cages
shall be equipped with a lockout area that allows the keeper access while the
animal is contained in a separate area.
vi. Cages shall be well braced and securely
anchored at ground level to prevent escape by digging or erosion. The fasteners
and fittings used in construction shall be of equivalent strength to the
material required for cage construction.
vii. In facilities containing tigers, African
lions and bears cage construction materials shall consist of at least 9-gauge
chain link or equivalent materials. In facilities containing mountain lions,
cage construction materials shall consist of at least 11-gauge chain link or
equivalent materials. Juvenile animals may be kept in incubation or rearing
facilities not meeting these standards until they weigh more than 25
pounds.
viii. Cages containing a
single African lion, tiger or bear shall have a cage floor at least 300 square
feet and shall be at least 8 feet tall. For each additional animal the cage
size shall be increased 100 square feet.
ix. Cages containing a single mountain lion
shall have a cage floor at least 200 square feet and shall be at least 8 feet
tall. For each additional animal the cage size shall be increased 100 square
feet.
x. Large carnivores and
mountain lions may temporarily be housed in cages or enclosures smaller than
specified in this chapter while being transported, while in veterinary care or
while being quarantined provided temporary caging is large enough for the
animal to stand up, lie down and turn around without touching the sides of the
enclosure or another animal.
xi.
Open-top outdoor exercise areas are allowed providing they have vertical walls
at least 12 feet tall, topped by either: an inward-angled overhang at an angle
between 35 and 55 degrees, which is at least 2 feet long and of equal strength
as the cage walls; or, two strands of electric fencing, one of which is 1 foot
below the top of the vertical wall, and the other at the top of the wall or the
upper 3 feet of the interior of the fence consists of sheer, solid metal.
Animals may not be left in exercise areas overnight.
xii. Permit holders whose facility, including
enclosures, pens and cages, is not in compliance with this Commission Addendum
Chapter shall be notified in writing and shall have 10 days to correct the
violation.
xiii. If the violation
has not been corrected in 10 days of notification, the Commission may revoke
any existing permit and may refuse to issue any future permit. Such revocation
or refusal to issue a future permit shall be in addition to any criminal
charges that may be filed.
2. Facilities containing medically
significant venomous reptiles shall meet the requirements in Addendum
F1.08.
G.
Inspection:
1. Any person issued
a Wildlife Breeder/Dealer Permit shall allow entry, at any reasonable hour, to
Commission employees or their agents to inspect any wildlife and/or facilities
kept under authority of the permit.
2. Each permittee shall pen the captive
wildlife in suitable pens and restrain them for inspection, at a reasonable
time, when requested to do so by the employee or agent.
H. Renewal, Transfer, Suspension and
Revocation:
1. Permits may be revoked for
failure to comply with the terms of the permit or with the terms of this
Commission Addendum Chapter.
2.
Persons in violation of the terms of this permit, violation of the Commission
Addendum, or upon conviction or entry of a plea of guilty or nolo contendere
for violation of any federal, state or municipal law governing captive
wildlife, illegal appropriation or commercialization of wildlife, or cruelty to
animals, shall be notified in writing of such violations and shall have 20 days
to respond.
3. If, at the end of 20
days, just cause has not been given, the Commission may suspend or revoke any
existing permit and refuse to issue any future permit. Permit suspension,
revocation or refusal shall be in addition to any criminal charges that may be
filed.
4. Upon revocation, permit
holder must legally remove all captive wildlife within the time designated in
the revocation, not to exceed 60 days, and failure to do so shall result in the
Commission taking action, per Commission policy, at the permit holder's
expense.
5. No existing permit can
be transferred to another person, firm or corporation rearing, breeding,
propagating, producing or distributing any member of the Cervidae
family.
6. Holders of Wildlife
Breeder/Dealer Permits for cervids or large carnivores whose facilities are
void of their permitted species for one (1) year shall not have their permit
renewed as of July 1, 2018.
Notes
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