002.01.24 Ark. Code R. 104

Current through Register Vol. 49, No. 9, September, 2024

Rule 002.01.24-104 - F1.04 Wildlife Importation Permit Requirements

A. Eligibility and Application 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 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, 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 be potentially harmful to the wildlife resources of the State.

C. Permit Requirements:

1. Wildlife Importation Permit holders may import wildlife into the State under the following conditions provided that, prior to transportation, the permit holder possesses the following documentation:

i. Written proof of the origin and destination of each animal.

ii. Documentation for each animal to demonstrate they have not been kept in, or originated from, a location from which importation has been restricted in accordance with Code 09.10 and Addendum R1.03.

iii. A current and valid completed state or federal certificate of veterinary inspection form upon which an accredited veterinarian has certified each animal to be free of diseases/ parasites or provision of proof that birds originated from a flock that is part of the National Poultry Improvement Program. Animals other than cervids originating within Arkansas and that are taken from the state for less than 30 days may re-enter the state without the need for a veterinary exam.

2. The Wildlife Importation Permit and issued documentation required in Addendum F1.04(C)(1)must accompany each animal during transport.

i. All documentation required in Addendum F1.04(C)(1)shall be submitted by the permit holder to the Commission's Wildlife Management Division within 7 days of the permitted importation.

ii. Failure to comply may result in suspension or revocation of any existing permit held by the violator and denial of any future permits. Additionally, criminal charges may be filed.

3. It is unlawful to keep wildlife held in accordance with this permit under inhumane or unhealthy conditions.

4. Wildlife shall be maintained in an enclosure, pen or cage strong enough to prevent escape of the wildlife and protect them from injury and to prevent contact with native wildlife.

5. Other conditions as set forth in the Wildlife Importation Permit.

D. Disease Testing:

1. Prior to importation, brindled gnu (Connochaetes taurine) must test negative for Alcelaphine herpesvirus-1 by virus neutralization, or other serologic test as recommended by the U.S. Department of Agriculture's National Veterinary Services Laboratory, within 30 days of import and evidence of such testing must be documented in accordance with Addendum F1.04(C)(1).

2. 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.

3. 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.

E. Facility and Caging Requirements

1. Animals being temporarily exhibited under a Wildlife Importation permit must meet the above requirements and the following:

i. Cages, enclosures, or pens holding animals for temporary exhibition must be strong enough to prevent escape of the wildlife and protect them from injury;

ii. Venomous reptiles being temporarily imported into the state for the purpose of exhibition must comply with caging requirements in Addendum F1.08(C).

iii. Enclosures shall be kept in good repair at all times and gates shall be securely fastened with latches or locks;

iv. Enclosures, pens, or cages deemed unsafe by Commission personnel must be repaired or reconstructed immediately or animals must be returned to their state of origin; and

v. A permit holder or a trained representative of the permit holder must be on-site at all times when animals are in a temporary exhibition area; When such an individual is not present, permitted animals must be kept in locked enclosures.

F. Inspection:

1. Each permittee shall confine the captive wildlife in suitable pens and restrain them for inspection, at a reasonable time, when requested to do so by the Commission employee or agent.

2. Any person issued a Wildlife Importation 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.

G. Renewal, Expiration, 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 F1.00.

2. Persons in violation of the terms of this permit, violation of the Addendum Chapter F1.00, 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, 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.

002.01.24 Ark. Code R. 104

Adopted by Arkansas Register Volume 49, Number 06, Effective 7/1/2024