002.01.22 Ark. Code R. § 108 - F1.08 - Venomous Reptile Possession 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 All laws, rules, regulations, or orders in conflict with the regulations in this Code Book are hereby repealed by the Arkansas State Game and Fish Commission.
F1.08
Venomous Reptile Possession
Permit Requirements
A. Permit
Requirements: A Venomous Reptile Permit 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 5 years of the
application date.
2. The applicant
shall provide to the Commission, in writing, proof from the appropriate county
or municipal jurisdiction, stating that the applicant's possession of medically
significant venomous reptiles is in compliance with all local
ordinances.
3. The applicant shall
submit a written application (available from the Commission) for each facility
to be permitted
4. Other conditions
as set forth in the Venomous Reptile Possession Permit.
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 species requested in the application
are listed in Addendum R1.03.
C. Caging and Facility Requirements: Venomous
Reptile Possession Permittees shall provide secure housing of all medically
significant venomous reptiles as defined herein:
1. Animal enclosures whether manufactured or
constructed (e.g., wood, injection molded plastics, etc.) shall be made in such
a way to provide security against escape. The door, lid, or access feature
shall be securely latched or locked to prevent escape of enclosed
reptiles.
2. Rooms in buildings or
free standing structures housing venomous reptiles shall be locked when not
occupied and must be escape proof not limited to doors, windows, ventilation
ducts, gaps or cracks in the structure, etc., so as to provide secondary
containment of reptiles that escape their enclosure. When a person is inside
any room housing venomous reptiles, all escape routes, including doors, serving
as secondary containment must remain closed.
3. Doorways entering rooms containing
venomous reptiles shall have prominent warning signage on doors that is clearly
visible and states "Warning: Venomous Reptiles."
4. Persons temporarily displaying native
venomous reptiles to the public must meet the above or alternatively the
following requirements:
i. Native venomous
reptiles must be kept in keyed or combination locked enclosures;
ii. Open-topped exhibition areas must have,
at a minimum, 2 physical barriers completely surrounding the exhibition area
and separating the public from the venomous reptiles, by at least 3 feet, to
provide security against escape and to prevent contact between the public and
the snakes and must be clearly and visibly labeled with a warning sign stating
"Venomous Reptile";
iii. Permit
holder or a trained representative must be on-site at all times when venomous
reptiles are in temporary exhibition area; when such an individual is not
present, venomous reptiles must be kept in secure containers which lock or are
stored in locked rooms. A manifest must be present containing common and
scientific name and number of each venomous reptile species in the exhibition
area; and
iv. A detailed safety
plan, including a barrier design description, must be approved by the
Commission.
5. Venomous
reptiles permanently displayed to the public must be kept in accordance with a
detailed safety plan, including a barrier design description, approved by the
Commission.
6. All permanent
enclosures or exhibition areas housing venomous reptiles shall be clearly and
visibly labeled:
(a) "Venomous
Reptile";
(b) common and scientific
name; and
(c) number of each
venomous reptile species in the enclosure or exhibition area. The permittee
must remove such labeling from empty enclosures.
7. All wildlife shall be maintained under
humane and healthy conditions.
D. Reporting and Record-keeping Requirements:
1. The permittee must retain records
evidencing 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.
2.
Records must be retained throughout the time the wildlife is possessed by the
permittee or for 5 years, whichever is longer.
3. After July 1, 2021, stock shall only be
obtained in the following manner:
(1)
acquired from Commission-permitted Wildlife Breeder/Dealer;
(2) imported into the state in accordance
with a Wildlife Importation Permit (Codes 09.10 and 09.11); or
(3) legally captured from the wild in
Arkansas in accordance with Code 09.14(A). Permits will not be issued to, and
existing permits may be revoked for, facilities that have acquired stock by any
other method.
E. Inspections and Escaped Reptiles:
1. Any facilities and wildlife maintained
under the authority of a Venomous Reptile Possession Permit shall be subject to
inspection by Commission employees or agents.
2. Permittees shall be given adequate
notification prior to inspections and during reasonable hours.
3. 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.
4. A permittee must
immediately initiate efforts to capture any escaped animals in their
possession. The Commission shall be notified within 24 hours of the escape of
any reptiles from the facility.
F. Transport Requirements:
1. Medically significant venomous reptiles
will be placed in secure ventilated escape-proof containers for transport. Such
containers might include secured snake bags inside locking boxes, ventilated
buckets or boxes with lids that snap or screw shut, or other secure containers
designed specifically for the purpose. All transport containers shall not be
left unattended, and shall be clearly labeled "Caution: Venomous
Reptiles."
G. 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 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.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.