002.01.22 Ark. Code R. 109

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

Rule 002.01.22-109 - F1.10 - Conservation Education 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 All laws, rules, regulations, or orders in conflict with the regulations in this Code Book are hereby repealed by the Arkansas State Game and Fish Commission.

F1.10Conservation Education Permit Requirements

A. Permit Requirements: A Conservation Education 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 wildlife is in compliance with all local ordinances.

3. The applicant shall complete and submit a written application form provided by the Commission.

4. The applicant shall possess a minimum of 20 hours conservation education experience involving the use of live animals and provide letters of support from at least 2 non-familial individuals familiar with the applicant's experience.

5. The applicant shall provide proof of possessing a valid U.S. Department of Agriculture Wildlife Exhibition Permit for all mammal species.

6. Special conditions may be applied to the Conservation Education Permit as deemed necessary by Commission staff.

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 applicant fails to provide a report for a previously issued permit; or

5. The Commission finds, through further inquiry or investigation, that the applicant's proposed conservation education activities do not possess sufficient educational rigor.

C. Caging and Facility Requirements: All Conservation Education Permittees shall provide secure housing of all wildlife removed from the wild as defined herein:

1. All wildlife possessed in captivity shall be maintained in enclosures, pens, or cages that are sufficiently strong to prevent escape of the wildlife and that will protect the wildlife from injury.

2. All native medically significant venomous reptiles must be kept in accordance with Addendum F1.08(C) and (F), except as otherwise approved in the applicant's permit conditions.

3. It is unlawful for anyone to keep animals under inhumane or unhealthy conditions.

4. Males and females of the same species must be kept in separate enclosures.

D. Reporting: Holders of the Conservation Education Permit shall submit legible, complete annual reports on forms provided by the Commission that shall detail provision of at least 20 hours of conservation education to the public using animals kept under this permit for each annual report.

E. Transport Requirements:

1. All wildlife possessed in captivity shall be transported in ventilated containers or cages that are sufficiently strong to prevent escape of the wildlife and that will protect the wildlife from injury.

2. Native, medically significant venomous reptiles shall be transported in accordance with Addendum F1.08(F)(1).

F. Renewal, Transfer, Suspension, and Revocation:

1. Permits may be revoked or suspended 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 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.

5. Should the permit holder decide not to renew the permit, any animals in excess of those allowed to be possessed in accordance with Code 09.14(A) must be euthanized or transferred to a holder of a Commission Wildlife Rehabilitation Permit prior to expiration.

G. Inspection:

1. Holders of a Conservation Education Permit shall allow entry, at any 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 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.

002.01.22 Ark. Code R. 109

Adopted by Arkansas Register Volume 47 Number 07, Effective 6/27/2022