002.01.22 Ark. Code R. § 105 - F1.05-Wildlife Rehabilitation Permit Requirements
Code Book
The regulations in this Code Book are hereby adopted by the Arkansas State Game and Fish Commission under authority of Amendment 35 to the Constitution of the State of Arkansas. All laws, rules, regulations, or orders in conflict with the regulations in this Code Book are hereby repealed by the Arkansas State Game and Fish Commission.
F1.05
Wildife Rehabilitation Permit
Requirements
A. Eligibility and
Application Requirements:
1. A Wildlife
Rehabilitation Permit applications must comply with the following:
i. 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 5 years of the application date.
ii. The applicant shall be a resident of
Arkansas with a bona fide or actual residence within the state.
iii. 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.
iv. An application for
the permit shall be submitted on a form supplied by the Commission.
v. Applications will include the signature,
address and phone number of a licensed veterinarian who will assist the
applicant by providing consulting and referral services regarding animal
rehabilitation and treatment.
2. General Class Wildlife Rehabilitation
Permits may be issued based upon documented applicant experience in accordance
with one of the following methods:
i. Persons
who submit written documentation (on a form supplied by the Commission) of at
least two years of experience in the care of sick, injured, orphaned or
otherwise impaired wildlife obtained in accordance with an Apprentice Class
Wildlife Rehabilitation Permit. Such documentation must include a description
of the specific training or experience acquired, and the dates and locations
where acquired. The applicant also shall submit a reference from a General
Class Wildlife Rehabilitator based upon personal knowledge. Additional
documentation may consist of records of prior permits for rehabilitation issued
by other states or the U.S. Fish and Wildlife Service, employment records of
wildlife rehabilitative facilities, training course certificates, or other
documentation of experience.
ii.
Persons who held a General Class (or equivalent) rehabilitation permit issued
by the Commission, U.S. Fish and Wildlife Service, or any other state within
the last five years.
iii.
Successful completion of the International Wildlife Rehabilitation Council's
Basic Wildlife Rehabilitation Class with proof of completion and a letter of
recommendation from an instructor, General Class Rehabilitator, or
veterinarian.
3.
Apprentice Class Wildlife Rehabilitation Permit applicants shall meet all the
eligibility and application requirements of Addendum F1.05(A)(1) and shall have
a sponsor with a current General Class Wildlife Rehabilitation
Permit.
B. Permit
Requirements:
1. Wildlife shall be cared for
at the location listed in the Wildlife Rehabilitation Permit. This limitation
shall not prevent the temporary care of wildlife at a medical facility under
the supervision of a licensed veterinarian for the purposes of stabilizing,
diagnosing, providing specialized treatment, or humanely euthanizing wildlife
in coordination with a licensed rehabilitator.
2. Apprentice class wildlife rehabilitators
under the supervision of a general class wildlife rehabilitator may possess or
care for no more than 20 baby opossums or six other individual animals at a
time.
3. Wildlife undergoing
rehabilitation or medical treatment shall not be hunted, bred or displayed to
the public.
4. Rehabilitated native
wildlife shall be released at a time and into a habitat suitable to sustain it
in, or adjacent to, the county in which it was captured. Wildlife shall not be
released within the limits of any incorporated city or town and shall be
released only with landowner permission and in compliance with any local
regulations.
5. When a wild animal
cannot be rehabilitated to a condition appropriate for release, that animal
should be humanely euthanized by an acceptable method set forth by the
International Wildlife Rehabilitation Council/National Wildlife Rehabilitators
Association's current "Minimum Standards for Wildlife Rehabilitation" or
permanently, physically impaired animals may be transferred to a holder of a
Commission Conservation Education Permit with the approval of the Chief of
Wildlife Management or his or her designee.
6. Rehabilitators may provide routine care
and basic first aid; other medical treatments should be given under the
direction of a licensed veterinarian with a valid veterinary client-patient
relationship.
7. Animals that die
from causes other than contagious disease while in the custody of the permittee
shall be disposed of in accordance with local or state laws or be offered to a
museum, university, or other educational facility.
8. Animals diagnosed with a contagious
disease must be reported to the Commission within 48 hours. Animals that die of
contagious disease must be destroyed in a manner that does not allow the spread
of the disease to other animals or humans.
9. Permittees receiving any species
classified as endangered or threatened shall notify the Little Rock office of
the Commission's Wildlife Management Division within 48 hours of the receipt of
the animal.
10. Permittees shall
not require a fee associated with wildlife rehabilitation services or for the
pick-up, delivery or acceptance of sick, injured, orphaned or otherwise
impaired wildlife. This limitation shall not apply to professional fees charged
by a licensed veterinarian for treatment or other services requested by a
permitted wildlife rehabilitator. This regulation does not in any way prohibit
nor discourage the public from making voluntary donations to rehabilitators for
animal care and facility maintenance.
11. Permittees are not agents of the
Commission and may not represent themselves as such.
12. Rehabilitation facilities shall comply
with the International Wildlife Rehabilitation Council/ National Wildlife
Rehabilitators Association's "Minimum Standards for Wildlife
Rehabilitation."
13.
Reserved.
14. Permittees shall not
maintain other native wild animals as personal pets except for those kept in
accordance with Addendum F1.05(B)(6) or without specific authorization from the
Chief of Wildlife Management.
15.
No Wildlife Rehabilitation Permit will be issued for the rehabilitation of
cervid species (i.e. white-tailed deer or elk) or black bears.
16. Other conditions as set forth in the
Wildlife Rehabilitation Permit.
C. Reporting and Record Keeping:
1. All permit holders shall maintain a log of
each animal taken into custody. The log shall include the name and phone number
of any person relinquishing an animal for rehabilitation, the date the animal
was received, county of origin, treatment, condition and disposition, and shall
be subject to inspection by Commission personnel at any reasonable
time.
2. Permit holders shall
submit annual reports (January 1 - December 31) on a form provided by the
Commission. Annual reports shall be due January 31.
D. Facility and Caging Requirements:
1. All wildlife shall be kept in pens/cages
that meet the "Basic Requirements for Housing Wild Animals and Minimum Housing
Guidelines" set forth by the current International Wildlife Rehabilitation
Council/National Wildlife Rehabilitators Association's "Minimum Standards for
Wildlife Rehabilitation" unless otherwise authorized by the
Commission.
2. Wildlife possessed
in captivity shall be maintained in enclosures, pens, or cages that are strong
enough to prevent escape and protect them from injury.
3. Cages, fencing, and guardrails shall be
kept in good repair at all times and gates shall be secured with latches or
locks. Enclosures, pens, or cages considered unsafe by Commission personnel
must be repaired within 10 days of inspection or as specified by the
Commission.
4. Permit holders whose
facilities, including enclosures, pens, and cages, are not in compliance with
this addendum chapter shall be notified in writing and shall have 10 days to
correct the violation.
5. If the
violation has not been corrected in 10 days, the Commission may revoke any
permit and refuse to issue future permits. Permit revocation or refusal shall
be in addition to any criminal charges that may be filed.
E. Inspection:
1. Holders of a Wildlife Rehabilitation
Permit shall allow entry, at reasonable hours, to Commission employees or
agents to inspect the wildlife, facilities, books, records, or permits required
by the permit.
2. Permit holders
shall hold the captive wildlife in suitable pens and restrain them for
inspection, at a reasonable time, when requested to do so by Commission
employees or agents.
3. Commission
employees may immediately relocate wildlife that is being given improper care
or being kept in inhumane or unhealthy conditions.
F. Renewal, Transfer, Suspension, and
Revocation:
1. Wildlife Rehabilitation Permits
shall expire January 31 each year. Permits may be renewed following receipt and
approval by the Commission of a permit renewal application, and an annual
report for the previous calendar year in accordance with Addendum
F1.05(C)(2).
2. Permits may be
revoked or not renewed for violation of the terms of this permit, failure to
continue to meet the initial eligibility and application requirements of this
permit, violation of the Commission Code, or upon conviction of associated
regulations of the U.S. Fish and Wildlife Service.
3. Permit holders shall be notified in
writing of such violations and shall have 20 days to respond with just cause as
to why their permit should not be suspended or revoked.
4. If just cause has not been given in 20
days, the Commission may suspend or revoke any permit held by the violator and
refuse to issue future permits. Additionally, criminal charges may be
filed.
5. Upon revocation, the
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.
Notes
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No prior version found.