Idaho Admin. Code r. 02.04.27.101

Current through September 2, 2024

Section 02.04.27.101 - POSSESSION PERMITS

01.Application for Possession Permits. Persons seeking a possession permit must make application on a form prescribed by the Administrator. Separate applications are to be submitted for each facility where deleterious exotic animals will be possessed. A person who receives a possession permit for deleterious exotic animals must submit a new application for each additional deleterious exotic animal that person seeks to possess. The application must include:

a. The applicant's name, address (residence and mailing), and Employer Identification Number or Social Security Number.

b. Description of the proposed facility, including:

i. A map identifying the location of the proposed facility;

ii. The legal description and location of the real property for the proposed facility;

iii. A detailed diagram of proposed facility, identifying fences, gates, confinement areas; and

iv. The specifications for exterior fencing, interior fencing, fence height, fencing materials of the confinement areas for all deleterious exotic animals listed on the application.

c. Name and address of the owner(s) of the proposed facility, if not the applicant. If the proposed facility will be leased, include a written and notarized statement by the owner of the property authorizing the use of the proposed facility to house deleterious exotic animals.

d. Copy of approval by the local zoning authority, if approval is required by the local zoning authority.

e. Description of each deleterious exotic animal to be possessed at the facility, including genus, species, sex, age, form of identification, identification number, and purpose for possessing each deleterious exotic animal.

f. Name and address of the owner of each deleterious exotic animal listed on the application.

g. Name and address of the licensed Idaho veterinarian who will provide care for the deleterious exotic animal(s) listed on the application.

h. Written statement detailing the applicant's training and experience with the species listed on the application.

i. Written statement detailing the procedure in the event a deleterious exotic animal escapes from the facility.

j. Documentation of licenses issued by the USDA, if applicable.

k. Documentation of licenses issued by the U.S. Fish and Wildlife Service, if applicable.

l. Documentation of accreditation by the AZA, if applicable.

m. The required information set forth Paragraph 100.02.e., of these rules, if applicable.

n. For each deleterious exotic animal listed on the application, proof of sterilization, unless the applicant intends to propagate the deleterious exotic animal and fully satisfies the requirements of Subsection 100.02, of these rules.

o. The date upon which the proposed facility will be available for inspection by the Department, which must be not less than seven (7) days prior to the time the exotic animals are possessed at the proposed facility.

02.Application Review. The Administrator will review the possession permit application and, in determining whether to issue the possession permit, consider factors relating to protection of the state's agriculture industry, the wildlife of the state, and the environment. Such factors include, but are not limited to:

a. Proximity of the facility to farms, ranches, wildlife migration routes, and other areas in which native Idaho wildlife may commonly be found.

b. Potential for unintended or accidental access to the facility.

c. Potential for vandalism that compromises the security of the facility.

d. Potential for escape from the facility.

e. The size of the facility relative to the number of animals proposed to be kept at the facility.

f. Whether, based on the applicant's certification and any other evidence received by the Administrator in connection with the proposed facility, all federal, state, county and city laws applicable to the facility have been met.

g. Whether the applicant has adequate knowledge, experience, and training to maintain the health, welfare, and safety of the deleterious exotic animal(s), and to handle the deleterious exotic animal(s) with safety and competence. Such experience may be documented by a log book, employment records, education records, or other means by which experience may be authenticated.

03.Grant or Denial of the Permit. Following review of the application and any other relevant information, the Administrator will either issue the possession permit or deny the application and notify the applicant. If the Department issues the permit, it may include any conditions intended to ensure the health, welfare and safety of the animal(s) covered by the permit and, where the Department finds it necessary, conditions intended to assure the security of the facility so as to avoid undue risk to the state's agriculture, wildlife and the environment.

04.Duration of Possession Permit. A possession permit is valid for the life of the deleterious exotic animal listed on a possession permit, until the permitted person no longer possess the deleterious exotic animal, or until the deleterious exotic animal leaves the state.

Idaho Admin. Code r. 02.04.27.101

Effective March 31, 2022