040-10 Wyo. Code R. § 10-4

Current through April 27, 2019
Section 10-4 - Application and Importation/Possession Permit Requirements

Permits may be issued by the Commission through the Department to import, possess, transport or confine live wildlife subject to the provisions of this regulation. Section 4 shall not apply to the NX Bar Game Farm subject to Section 10. Holders of permits for interstate transportation must only comply with subsections (a), (b) (i)(ii)(iii)(iv)(xi), (e), (f), (g) and (j) of this section.

(a) As a condition of receiving a permit, the permittee shall agree to be solely responsible for all costs, expenses, and damages suffered as a result of importation and possession of wildlife including, but not limited to quarantine or total or partial depopulation on account of contagious diseases or parasites; or costs and expenses associated with the capture of or destruction of escaped wildlife.

(b) Application for a permit shall be submitted to the Department on a form provided by the Department. The application shall be legible, fully completed, and include all of the following:

  • (i) The name, complete mailing address, street address, and telephone number of the person making application for a permit;
  • (ii) A separate application shall be submitted for each species or subspecies;
  • (iii) The total number of live wildlife to be imported and possessed and their taxonomic designation by genus, species, and subspecies to include any varieties, strains, or geographical races that are recognized;
  • (iv) The name and address of the supply source(s), or consignor from which the live wildlife shall be obtained;
  • (v) The purpose(s) for which live wildlife shall be imported or possessed;
  • (vi) A complete description of the holding facility(ies) to include, but not limited to, the geographic legal description to the quarter/quarter section, fencing specifications and design, size and construction specifications for enclosures and handling facilities;
  • (vii) A description of the type of tattoo or permanent marking that is proposed by the applicant to be utilized on all wildlife, if such a tattoo or permanent marking is required by the Department;
  • (viii) Scientific data including, but not limited to, biological evaluations, reports, and studies in order to satisfy any Department concerns that Wyoming wildlife resources shall be adequately protected from such threats as:
    • (A) Competition, damage, or destruction of habitat;
    • (B) Disruption of migration, breeding, rearing or survival of young;
    • (C) Predation;
    • (D) Disease or Parasitism; and,
    • (E) Hybridization,

      and,

  • (ix) Certification that the proposed possession of wildlife is not contrary to the laws of the appropriate County or Municipality where wildlife will be possessed, or any other applicable laws or covenants:
  • (x) The application shall be signed and dated by the applicant; and,
  • (xi) Incomplete applications shall not be considered by the Department.

(c) The Department shall review the applicant's proposed holding facility(ies) taking into consideration the species applied for, the number of animals requested, the welfare of the animals to be possessed, the purpose(s) for which the animals shall be held, and to insure adequate protection for Wyoming's wildlife resources and human health and safety. Holding facilities shall be constructed to meet Department approval prior to importation or possession of live wildlife.

  • (i) All wildlife, except as exempt in Section 3(b)(i)(G), shall be kept within wildlife holding enclosure(s) except when being transported, transferred or treated. The holding facility(ies) shall be designed, constructed and maintained to provide:
    • (A) Safety and protection for wildlife and people;
    • (B) Facility(ies) shall ensure containment for wildlife and exclusion of other wild and domestic animals;
    • (C) Sufficient space to allow normal development and physical behavior, as well as postural and social adjustments with freedom of movement;
    • (D) Proper lighting levels;
    • (E) Proper ventilation;
    • (F) Ability for the permittee to conduct cleaning, sanitation, disinfecting and handling procedures considering safety, escape prevention and while minimizing stress to wildlife;
    • (G) Appropriate ambient temperatures;
    • (H) Barriers to minimize stress to captive wildlife;
    • (I) Parasite and pest control;
    • (J) Shelter within enclosure(s) as needed;
    • (K) Clean water and appropriate food;
    • (L) Nesting or bedding materials; and,
    • (M) The facility(ies) shall be kept clean and sanitary.

(d) The applicant shall be furnished written notification of action on the application for a permit by the Department.

(e) Prior to receiving a permit, all appropriate Federal regulations and requirements shall be satisfied. Proof of compliance shall be submitted before a permit may be issued.

(f) A permit or renewal shall be denied or conditioned if necessary to adequately protect Wyoming's wildlife resources from threats, including but not limited to:

  • (i) Competition, damage, or destruction of habitat;
  • (ii) Disruption of migration, breeding, or rearing and survival of young;
  • (iii) Predation;
  • (iv) Disease or Parasitism; and,
  • (v) Hybridization.

(g) If a permit is issued, the permittee shall obtain the appropriate certificate of veterinary inspection satisfying the requirements of Appendix I or II prior to importation. In addition the permittee shall comply with all of the provisions of this regulation relating to the type of wildlife for which applied prior to importation, possession, confinement, or transportation of live wildlife.

(h) Applications to possess elk (Cervus elaphus) shall only be accepted from governmental entities, or institutions of higher education for education or research, or to meet Department wildlife management goals, when a need is demonstrated by the applicant. All elk shall be tested prior to importation following procedures listed in Appendix II of this regulation to determine that animals are not hybrids. Prior to issuance of a permit, the permittee shall provide the Department with test results. Only pure Rocky Mountain elk (Cervus elaphus nelsoni) may be permitted for importation, except the Wyoming Game and Fish Commission may consider an application for importation or possession of other subspecies of elk by governmental entities or institutions of higher education for education or research, or to meet state wildlife management goals when a need is demonstrated by the applicant. The permittee shall allow the Department or the Department's designated agent to take blood samples from all elk imported into Wyoming within fourteen (14) days following importation or prior to removal of the elk from the holding facility, whichever is earlier, in order to establish genetic marking of each elk. Department ear tags shall be placed in each elk by Department personnel or the designated agent of the Department within fourteen (14) days following importation or prior to removal of elk from the holding facility, whichever is earlier.

(i) As a condition of a permit to import, possess, or confine live wildlife, a permittee may be required to permanently identify all live wildlife and their progeny according to Department specifications within fourteen (14) days following the importation or possession or prior to removal from the holding facility, whichever occurs earlier.

(j) Each container of live wildlife imported into or transported within or through Wyoming shall bear the names and addresses of the consignor and the consignee. Each container shall have a label that clearly describes its contents. Each shipment shall be accompanied by a certificate of veterinary inspection that meets the requirements of this regulation. There shall be a copy of the certificate of veterinary inspection in each and every conveyance. Owners and operators of railroads, trucks, airplanes or other conveyances shall be forbidden to transport any live wildlife into, within or through Wyoming except in compliance with the provisions of this regulation.

(k) The permittee shall maintain current records for the term of the permit on forms approved by the Department. Such records shall be completed accurately and legibly. Original records shall be kept at the holding facility. Data provided on the records shall include dates of purchase, birth, barter, trade, or other form of acquisition; sex, species, subspecies, number of animals captured, received, transported, purchased, reared, date of sale, death, or other form of disposition for each individual animal. Dates and types of disease tests and vaccination records for each animal shall be recorded on the form. Records shall include names and addresses of all suppliers, persons to whom wildlife are sold, traded, bartered, or given, and the date of each transaction.

040-10 Wyo. Code R. § 10-4