002.00.06 Ark. Code R. 001

Current through Register Vol. 49, No. 10, October, 2024
Rule 002.00.06-001 - Approved Wildlife Breeder / Dealer Permits for Mountain Lions
15.12WILDLIFE BREEDER/DEALER PERMIT REQUIREMENTS.

It shall be unlawful for a person to rear, breed, propagate, produce or distribute any fur-bearing animals, game animals, game birds, or other wildlife without a Wildlife Breeder/Dealer Permit.

(A) Wildlife Breeder/Dealer Permits for new facilities rearing, breeding, propagating, producing or distributing any member of the cervidae family, including, but not limited to white-tailed deer and elk shall not be issued after October 17, 2002.
(B) Closure of Commercial Trade in Box Turtles (genus Terrapene). Wildlife Breeder/Dealer Permits shall not be issued after September 1, 2004 for any person or operation engaged in the importation, propagation, sale, transfer, barter, or distribution of box turtles (genus Terrapene). The importation, propagation, sale, transfer, barter, or distribution of any Terrapene will be prohibited after June 30, 2005.
(C) Wildlife Persons legally possessing a large carnivore or mountain lion on or before December 31, 2005 may apply for and receive a Wildlife Breeder/Dealer Permit up until June 30, 2006. After June 30, 2006, Wildlife Breeder/Dealer Permits for new facilities shall not be issued for those species other than to individuals or organizations determined to be involved in bona fide scientific or conservation efforts or to those possessing existing Wildlife Breeder/Dealer permits wishing to transfer their permit to a new location, provided that the new facility passes an inspection in accordance with Commission Code 15.11(B).

EXCEPTION:

(1) Fish, bullfrogs, mussels, aquatic turtles and alligators in compliance with the following Commission Codes:
(a) Commission Code Section 36.00 (Bull Frog Regulations);
(b) Commission Code Section 37.00 (Minnow Regulations);
(c) Commission Code Section 38.00 (Fresh Water Mussel Regulations);
(d) Commission Code Section 39.00 (Aquatic Turtle Regulations);
(e) Commission Code Section 40.00 (Alligator Farming Regulations);
(f) Commission Code Section 41.00 (Commercial Fishing Regulations);
(g) Commission Code Section 42.00 (Fish Farmer Regulations);
(h) Game birds legally killed on a Game Bird Shooting Resort. Ref. Code 15.08 (Game Bird Shooting Resort License).

PENALTY: $500.00 to $5,000.00.

15.13WILDLIFE BREEDER/DEALER PERMIT GENERAL PROVISIONS.

It shall be unlawful to fail to comply with the following provisions:

(A) The applicant must supply satisfactory evidence that stock has been/will be secured from a legal source other than the wild stock of the state.
(B) Stock may be slaughtered in accordance with established husbandry practices for slaughter of domestic livestock.
(C) Fencing of enclosures in which deer, elk or other big game animals are to be held must consist of a permanent deer-proof fence at least eight (8) feet in height and constructed in a manner so as to prohibit escape of captive wildlife and the possible ingress of native wildlife.
(D) It shall be unlawful for owners or operators of commercial wildlife breeder/dealer facilities to fail to submit legible and complete reports by the 5th of each month on a form provided by the Commission of their inventory on the last day of the month, the number of animals of each species that were born or died that month, the species and number of each species acquired or distributed each month, and the name, current address and phone number of each person from whom wildlife was acquired or to whom it was distributed.
(E) Permits for Wildlife Breeder/Dealer facilities that keep waterfowl will not be issued for properties where poultry is raised for sale, show or exhibition.
(F) Permitted Wildlife Breeder/Dealer facilities in which birds are kept are required to adhere to applicable Arkansas Livestock and Poultry Commission requirements regarding pullorum-typhoid disease tests and are encouraged to participate in the National Poultry Improvement Plant.
(G) Each Wildlife Breeder/Dealer facility in which waterfowl are kept are 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 Arkansas Game and Fish Commission within 7 days of receipt. Flocks that test 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. Waterfowl hatched in the facility shall be banded with a seamless metal band.
(H) Those with Wildlife Breeder/Dealer Permits may only sell live cervids, including but not limited to white-tailed deer and elk, to buyers outside the state of Arkansas or to Arkansas residents that possess a current Wildlife Breeder/Dealer Permit or Commercial Wildlife Hunting Resort Permit.
(I) Those with Wildlife Breeder/Dealer Permits may only sell or distribute large carnivores or mountain lions to individuals outside the state of Arkansas or to Arkansas residents that possess a current Wildlife Breeder/Dealer Permit for those species.

EXCEPTION:

(1) Red fox, gray fox and coyote that have originated from the wild in Arkansas and are in compliance with the disease control provisions of Commission Code 15.11C, may be reared, bred, propagated, produced or distributed by individuals with a current Wildlife Commercial Breeder/Dealer Permit.

PENALTY: $500.00 to $5,000.00.

002.00.06 Ark. Code R. 001

3/8/2006