West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-64 - Miscellaneous Permits and Licenses › Section 58-64-7 - Terms and Conditions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Game
				Farm License. The following terms and conditions apply for this license.
7.1.a. Wildlife enclosures must meet the
				minimum requirements set forth in Appendix A. In addition, all enclosures must
				be strong enough to both prevent escape of the captive wildlife and protect
				them from injury. All enclosures must be equipped with a safety barrier which
				adequately prevents any physical contact between the captive wildlife and
				visitors or customers. Cages considered unsafe by Division personnel must be
				repaired or reconstructed as directed within sixty (60) days.
7.1.b. Each enclosure must be provided with a
				shelter that is appropriate for the wildlife held captive. Shelters must
				contain bedding or nesting material as may be required for the comfort of the
				wildlife and be constructed in a manner that protects them from inclement
				weather.
7.1.c. Fresh drinking
				water must be provided daily. Swimming or wading pools must be cleaned as
				needed to ensure good water quality. Wildlife enclosures must be adequately
				drained.
7.1.d. Food must be
				wholesome, palatable, free from contamination, and of sufficient quantity and
				nutritive value to maintain all animals in good health. The diet must be
				prepared with consideration for age, species, condition, size and type of
				animal. Wildlife must be fed at least once a day, except as dictated by
				hibernation, veterinary treatment, normal fasts, or other
				professionally-accepted practice.
7.1.e. Fecal and food waste must be removed
				from cages daily and stored or disposed of in a manner which prevents noxious
				odors or insect pests. Food and water containers must be kept clean. Hay,
				straw, or other bedding or nesting material must be replaced as needed. All
				waste must be disposed of in a legal manner.
7.1.f. All wildlife must be kept free from
				parasites, sickness or disease. If sick, wildlife must be given immediate
				professional medical attention or be humanely destroyed.
7.1.g. Any damage or injury resulting from
				the escape or dispersal of wildlife held under the authority of this license
				shall be the sole responsibility of the licensee.
7.1.g.1. Wildlife held under the authority of
				this license which escapes or disperses from the facility and poses no threat
				to the public or to the State's wildlife shall become the property of the
				State.
7.1.g.2. Wildlife held under
				the authority of this license which escapes or disperses from the facility and
				poses a potential threat to the public safety or to the State's wildlife may be
				disposed of by the Division personnel.
7.1.h. Any condition which results in
				wildlife escaping from its enclosure, cage, housing, leash or other constraint
				shall be prima-facie evidence that the escaped wildlife was held in an unsafe
				manner and shall be a violation of the license.
7.1.i. This license does not authorize the
				holder to capture wildlife from the woods or fields of this State, or to
				acquire live trapped raccoons and foxes from trappers in West Virginia to be
				used as stock at the game farm.
7.1.j. The licensee must obey Division rules
				governing the commercial sale of wildlife (58CSR63).
7.1.k. The licensee must display his license
				in plain view in the vicinity of his wildlife enclosure(s).
7.1.l. Accurate and current records of all
				wildlife acquisitions and sales or possession transfer shall be maintained by
				the licensee on forms provided by the Director. Records on all wildlife born at
				the licensee's facility shall also be maintained. All records shall be either
				typed or written in plain and legible English and shall include the full name,
				address and telephone number of each person with whom a wildlife transaction
				has been conducted. All records shall be maintained by the licensee at the
				facility for a minimum period of ten (10) years. In addition the licensee shall
				provide a bill of sale or document to each person who purchases or receives the
				licensee's wildlife. The bill of sale or document shall, at a minimum, contain
				the following information.
7.1.l.1. The
				seller's name and address.
7.1.l.2.
				The seller's commercial game farm license number.
7.1.l.3. The date of the sale.
7.1.l.4. The purchaser's name and
				address.
7.1.l.5. A description of
				the wildlife sold or transferred, including the number of each species sold or
				transferred.
7.1.m. A
				licensee's facility, records, or wildlife may be inspected by an authorized
				representative of the director, on a case by case basis, to assure compliance
				with all requirements mandated by statute or rule or by the terms and
				conditions in this license.