Mo. Code Regs. tit. 3 § 10-9.371

Current through Register Vol. 49, No.12, June 17, 2024

Section 3 CSR 10-9.371 - Wildlife Exhibitor Privileges

PURPOSE: This rule establishes the privileges and requirements for wildlife exhibitors.

PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Subject to federal regulations, wildlife specified in 3 CSR 109.370(1) may be held in confinement and exhibited by the holder of a Wildlife Exhibitor Permit only at a specific location indicated on the permit, except as otherwise provided in section (6) of this rule. Applicants for an exhibitor permit to hold Class II wildlife must qualify by passing with a score of at least eighty percent (80%) on a written examination provided by the department.

(2) Such wildlife may not be propagated, but may be bought, imported, exported, given away, transferred, transported, or shipped; provided, the provisions of 3 CSR 10-9.223 are followed; and that wildlife may be transferred or given away only to the holder of the appropriate permit, where required.

(3) Wildlife that will become a part of the enterprise shall be limited to the species specified on the wildlife exhibitor's permit. A permit may be granted after satisfactory evidence by the applicant that all fish and wildlife held as a part of the enterprise will be secured from a legal source other than the wild stock of this state and their descendants; that the applicant will confine the wildlife in humane and sanitary facilities that meet standards specified in 3 CSR 10-9.220; that the applicant will confine fish and aquatic or semi-aquatic invertebrates in humane and sanitary facilities that meet the standards specified for closed systems defined in 3 CSR 10-9.110(3)(G) 6.; and that the applicant will prevent the wild stock of this state from becoming a part of the enterprise.

(4) Wildlife exhibit facilities shall become accredited by the Association of Zoos and Aquariums (AZA) within three (3) years of the issuance of the initial Wildlife Exhibitor Permit for the facility, regardless of any changes in ownership or permittee. If there is a change of ownership or permittee prior to the initial accreditation of a wildlife exhibit facility, the director may, but is not required to, authorize a period of no more than (2) years for the new permittee to attain AZA accreditation. If an event occurs that requires a wildlife exhibit facility that is accredited by the AZA to reprocess for accreditation, the wildlife exhibit facility shall become accredited by the AZA within two (2) years after the event that required the facility to reprocess for accreditation, regardless of any subsequent changes in ownership or permittee. The director may authorize a one- (1-) time extension to the AZA accreditation requirement for a period of one (1) year, provided the permittee is in process of obtaining AZA accreditation. After the permittee's initial accreditation by the AZA, the permittee shall continue to maintain AZA accreditation of the wildlife exhibit facility. Except as otherwise provided in this section, failure to obtain or maintain AZA accreditation shall be sufficient cause for the department to revoke the current year's wildlife exhibitor permit and deny renewal of the permit for the following year.

(5) Cities, towns, and counties may establish ordinances further restricting or prohibiting ownership of Class II wildlife, with approval of the department. In instances where prohibitions apply, no Wildlife Exhibitor Permit will be issued by the department. Persons possessing Class II wildlife must comply with all requirements of section 578.023, RSMo.

(6) Reptiles and amphibians may be exhibited at locations other than those listed on the permit, provided mobile temporary exhibit confinement standards as specified in 3 CSR 10-9.220 shall apply.

(7) Any shipment, transfer, or gift of wildlife by a wildlife exhibitor shall be accompanied by a written statement giving the wildlife exhibitor permit number and showing the number of each species, the species and unique identification number for each animal, if applicable, and the name and address of the recipient. No wildlife of any kind may be liberated to the wild.

(8) Wildlife held under the provisions of this rule must be confined in humane and sanitary facilities that meet standards specified in 3 CSR 10-9.220 and the standards specified for closed systems defined in 3 CSR 10-9.110(3)(G) 6. for fish and aquatic or semi-aquatic invertebrates. Each cage, tank, or enclosure shall be labeled, correctly identifying the animal(s) held in the cage, tank, or enclosure by common and scientific name.

(9) If the mortality rates of any species of wildlife held in accordance with this rule are deemed excessive by the state wildlife veterinarian, it shall be sufficient cause for the department to remove the authorization to hold that species from the permittee's Wildlife Exhibitor Permit. Authorization to hold such wildlife may be denied until the permittee demonstrates to the state wildlife veterinarian that the cause of the excessive mortality has been corrected.

(10) The requirements of 3 CSR 10-9.353(7) shall apply to all black bears and black bear-hybrids, mountain lions and mountain lionhybrids, and wolves held under a Wildlife Exhibitor Permit, and all other animals, except fish less than ten (10) inches in total length, shall be permanently tagged or marked within five (5) days of acquisition with an unique identification number that identifies each individual animal. The department may require a blood or tissue sample sufficient for DNA analysis, registration, and identification of an individual animal upon the request of a conservation agent. The tags or marks used to identify individual animals shall not be reused on other animals. Removal of identification tags or marks is prohibited, unless otherwise approved by a conservation agent.

(11) The holder of a Wildlife Exhibitor Permit shall report the acquisition, death, transfer, or gift of any animal belonging to a species of fish or wildlife listed in the current Missouri Species and Communities of Conservation Concern Checklist booklet, Revised January 2020, which is hereby incorporated in this Code by reference, that are listed with a State or Federal status of Endangered or Threatened, to a conservation agent within three (3) days of the acquisition, death, transfer, or gift of the animal. This report shall include the specific disposition of the animal, including the name, address, and permit number if applicable, of the person the animal was given or transferred to. This booklet is published annually in January by, and a printed copy can be obtained from, the Missouri Department of Conservation, PO Box 180, Jefferson City, MO 65102-0180 and is also available online at www.missouriconservation.org. This rule does not incorporate any subsequent amendments or additions to the Checklist.

3 CSR 10-9.371

Adopted by Missouri Register July 1, 2021/Volume 46, Number 13, effective 8/31/2021