Missouri Code of State Regulations › Title 3 - DEPARTMENT OF CONSERVATION › Division 10 - Conservation Commission › Chapter 9 - Wildlife Code: Confined Wildlife: Privileges, Permits, Standards › Section 3 CSR 10-9.371 - Wildlife Exhibitor Privileges

Current through Register Vol. 49, No. 14, July 15, 2024
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.