§ 70-4-401. Crimes and offenses
§ 70-4-404. Permits; rules and regulations; fees
§ 70-4-405. Facilities used in housing or transporting animals
§ 70-4-407. Class I wildlife; transfer of ownership; requirements
§ 70-4-408. Unpermitted wildlife; disposition
§ 70-4-409. Inspections and inspectors
§ 70-4-410. Propagation; rules and regulations; permits
§ 70-4-411. Imports; permits and papers
§ 70-4-412. Release of wildlife
§ 70-4-413. Private wildlife preserves; rules and regulations; permits
§ 70-4-414. Falconry licenses and permits
§ 70-4-415. Agency officers and employees; powers and duties
§ 70-4-416. Escape; injury; notice
§ 70-4-417. Administration; costs
§ 70-4-418. Class I carnivore; microchip
§ 70-4-401. Crimes and offenses
(a) It is unlawful for any person to possess, transport, import, export, buy, sell, barter, propagate or transfer any wildlife, whether indigenous to this state or not, except as provided by this part and rules and regulations promulgated by the Tennessee fish and wildlife commission pursuant to this part.
(b) No person shall possess Class I or Class II wildlife without having documentary evidence showing the name and address of the supplier of such wildlife and date of acquisition.
CREDIT(S)
1991 Pub.Acts, c. 487, § 1; 2012 Pub.Acts, c. 993, § 13, eff. June 30, 2012.
As used in this part, unless the context otherwise requires:
(1) “Agency” means the Tennessee wildlife resources agency;
(2) “Cage” means the primary enclosure in which an animal is held;
(3) “Circus” means a public entertainment consisting typically of a variety of performances by acrobats, clowns, and trained animals, but does not include wrestling bears or any type of show in which there is direct contact between the public and a Class I animal, except as otherwise provided for in this part;
(4) “Commercial propagator” means any person or entity that may sell, barter, trade, propagate or transfer Class I wildlife, excluding transfers to other commercial propagators located within the boundaries of Tennessee, and that meets all other applicable license, permit, zoning and other requirements necessary to conduct business in the city, county and state where located;
(5) “Commission” means the Tennessee fish and wildlife commission;
(6) “Mobile facility” means a facility designed for the transporting of animals or for the holding of animals on a temporary basis;
(7) “Native wildlife” means those species presently occurring in the wild in Tennessee and those extirpated species that could reasonably be expected to survive in the wild if reintroduced;
(8) “Perimeter fence” means a secondary fence that prevents the public from touching the cage in which the animal is held;
(9) “Permanent exhibitors” means those exhibits that are housed the entire year in facilities located within the state of Tennessee;
(10) “Personal possession permit” means a noncommercial type permit issued to private citizens for ownership or possession of nonbreeding animals in small numbers;
(11) “Stationary facility” means the primary holding facility, including cage and barriers that remain in a fixed location; and
(12) “Temporary exhibitors” means those transient animal acts not permanently located within the boundaries of the state of Tennessee.
CREDIT(S)
1991 Pub.Acts, c. 487, § 1; 2012 Pub.Acts, c. 993, § 13, eff. June 30, 2012.
Live wildlife, kept and maintained for any purpose, shall be classified in the following five (5) classes:
(1) Class I--This class includes all species inherently dangerous to humans. These species may only be possessed by zoos, circuses and commercial propagators, except as otherwise provided in this part. The commission, in conjunction with the commissioner of agriculture, may add or delete species from the list of Class I wildlife by promulgating rules and regulations. The following is a listing of animals considered inherently dangerous:
(A) Mammals:
(i) Primates--Gorillas, orangutans, chimpanzees, gibbons, siamangs, mandrills, drills, baboons, Gelada baboons;
(ii) Carnivores:
(a) Wolves--All species;
(b) Bears--All species; and
(c) Lions, tigers, leopards, jaguars, cheetahs, cougars--All species;
(iii) Order Proboscidia: Elephants--All species;
(iv) Order Perissodactyla: Rhinoceroses--All species; and
(v) Order Artiodactyla: Hippopotamus, African buffalo;
(B) Reptiles:
(i) Order Crocodylia: Crocodiles and alligators--All species; and
(ii) Order Serpentes: Snakes--All poisonous species; and
(C) Amphibians: All poisonous species;
(2) Class II--This class includes native species, except those listed in other classes;
(3) Class III--This class requires no permits except those required by the department of agriculture, and includes all species not listed in other classes and includes, but is not limited to, those listed in subdivisions (3)(A)-(Q). The commission, in conjunction with the commissioner of agriculture, may add or delete species from the list of Class III wildlife by promulgating rules and regulations:
(A) Nonpoisonous reptiles and amphibians except caimans and gavials;
(B) Rodents--Gerbils, hamsters, guinea pigs, rats, mice, squirrels and chipmunks;
(C) Rabbits, hares, moles and shrews;
(D) Ferrets and chinchillas;
(E) Llamas, alpacas, guanacos, vicunas, camels, giraffes and bison;
(F) Avian species not otherwise listed, excluding North American game birds, ostriches and cassowary;
(G) Semi-domestic hogs, sheep and goats;
(H) All fish held in aquaria;
(I) Bovidae not otherwise listed;
(J) Marsupials;
(K) Common domestic farm animals;
(L) Equidae;
(M) Primates not otherwise listed;
(N) Bobcat/domestic cat hybrids;
(O) Hybrids resulting from a cross between a Class II species and a domestic animal or Class III species;
(P) Cervidae except white-tailed deer and wild elk. Elk originating from a legal source while held in captivity for the purpose of farming shall be regarded as Class III wildlife. All other elk shall be wild elk and shall be regarded as Class II wildlife. No person shall possess elk in captivity within the eastern grand division of the state as defined in § 4-1-202 without having documentary evidence indicating the origin of the elk being held. This documentary evidence will be presented to the agents of the department of agriculture or the wildlife resource agency upon request. Sale documentation of offspring of purchased elk is not required; and
(Q) Furbearing mammals, including those native to Tennessee, raised solely for the sale of fur;
(4) Class IV--This class includes those native species that may be possessed only by zoos and temporary exhibitors; provided, that rehabilitation facilities may possess Class IV wildlife as provided by rules established by the commission if authorized by a letter from the director of the agency:
(A) Black bear (Ursus americanus );
(B) White-tailed deer (Odocoileus virginianus );
(C) Wild turkey (Meleagris gallapavo ), including the eggs of wild turkey;
(D) Hybrids of a Class IV species other than bobcat shall be Class IV; and
(E) Animals that are morphologically indistinguishable from native Class IV wildlife shall be Class IV; and
(5) Class V--This class includes such species that the commission, in conjunction with the commissioner of agriculture, may designate by rules and regulations as injurious to the environment. Species so designated may only be held in zoos under such conditions as to prevent the release or escape of such wildlife into the environment.
CREDIT(S)
1991 Pub.Acts, c. 487, § 1; 1996 Pub.Acts, c. 992, § 1, eff. May 13, 1996; 2001 Pub.Acts, c. 103, § 5, eff. April 18, 2001.
§ 70-4-404. Permits; rules and regulations; fees
(a) The agency shall issue permits for possessing live wildlife as defined in this part.
(b)(1) The commission shall adopt reasonable rules for issuing permits to possess live wildlife and establishing the conditions of possessing wildlife. The conditions shall be directed toward assuring the health, welfare, and safety of animals, the public and, where necessary, the security of facilities in which the animals are kept.
(2) The executive director of the agency may authorize by letter permission to possess any class of wildlife for approved research studies or for the temporary holding of animals in the interest of public safety. The executive director may exempt specific events from the caging and handling requirements established for Class I wildlife. Approval of an exemption will be based on a written request that outlines safety precautions that must be implemented during the specified activity.
(c) Class I wildlife.
(1) Persons legally possessing Class I wildlife prior to June 25, 1991, shall obtain annually a personal possession permit to keep such Class I wildlife. To obtain a personal possession permit, such persons shall comply with all of the provisions of this part. After June 25, 1991, no new animals shall be brought into possession under authority of a personal possession permit. Persons in legal possession of one (1) or more species of Class I wildlife as of June 25, 1991, may maintain the lineage of such species up to a maximum of three (3) animals per species. Persons in legal possession of the offspring of such Class I wildlife shall have a maximum of twelve (12) months from the date of birth of such offspring to obtain appropriate permits for such offspring, or to dispose of such offspring through an appropriate commercial propagator, or by any other manner permitted by law within the state. The provisions of this section apply solely to persons in legal possession of Class I wildlife as of June 25, 1991, and shall not be construed to authorize new personal possession of Class I wildlife.
(2) The executive director shall issue a permit upon a satisfactory showing of qualifications to possess live wildlife under the following conditions:
(A) The applicant must be at least twenty-one (21) years of age;
(B) The applicant must have at least two (2) years of experience in the handling or care of the Class I species for which the applicant is applying, or, in the alternative, must take a written examination, developed and administered by the agency, evidencing basic knowledge of the habits and requirements, in regard to proper diet, health care, exercise needs and housing of the species to be covered by the permit. Experience gained while in violation of this part shall not be considered qualifying experience;
(C) The facilities for holding Class I wildlife must be located on the premises on which the permit holder resides or shall have a full-time resident caretaker to supervise the care and security of the facilities. Facilities for Class I animals may not be on premises of less than one (1) acre for a personal possession permit and three (3) acres for a commercial propagator facility permit, and may not be located in a multi-unit dwelling or trailer park; and
(D) The applicant must have a plan for the quick and safe recapture of the wildlife, or if recapture is impossible, for the destruction of any animal held under the permit. The applicant must have the legal authority to possess weapons or other equipment necessary to carry out the plan and, in fact, possess such weapons or other equipment.
(3) The permittee shall control and maintain Class I wildlife at all times in such a manner as to prevent direct exposure or contact between the animal or animals and the public; provided, that a trained elephant may be brought into contact with the public under the close supervision of a qualified trainer or handler.
(d) No person shall hold live wildlife in captivity without first obtaining the appropriate permit as provided in this part. The annual permits and fees for holding live wildlife are as follows:
(1)(A) Personal Possession. Class I: $150/animal or $1,000/facility; and
(B) Class II: $10.00/animal or $100/facility;
(2) Transfer of Ownership. A permit for transferring any Class I or II animal held under a personal possession permit. If the transfer of the animal is ordered by the agency, no transfer permit is required;
(3) Commercial Propagator. $1,000/facility for Class I wildlife;
(4) Propagator. $25.00/facility for small game birds and waterfowl; and $100/facility for all Class II wildlife except small game birds and waterfowl;
(5) Importation. $10.00/shipment or $100 per year;
(6) Temporary Exhibitor. $100/30 day period;
(7) Permanent Exhibitor. $500/year/facility;
(8) Commercial Wildlife Preserve. $150/year for big game; and $75.00/year for small game;
(9) Falconry. $40.00/year or other time period as might coincide with federal permit requirements;
(10) Qualification Examination. $10.00/examination; and
(11) Zoos, Nature Centers, Rehabilitation Centers, and Educational Exhibits Certified As Nonprofit. No charge.
CREDIT(S)
1991 Pub.Acts, c. 487, § 1.
§ 70-4-405. Facilities used in housing or transporting animals
(a) Wildlife housed in dangerously unsafe conditions constituting a threat to human safety shall, at the direction of agency personnel, be placed in agency approved facilities at the owner's expense.
(b) Any condition that results in wildlife escaping from its enclosure, cage, leash or other constraint shall be considered maintaining wildlife in an unsafe manner and shall be a violation of this part.
(c) Cages shall be sufficiently strong to prevent escape and to protect the caged animal from injury.
(d) No person shall maintain any wildlife in captivity in any unsanitary or unsafe condition or in a manner that results in the maltreatment or neglect of such wildlife, nor shall any species of wildlife be confined in any cage or enclosure that does not meet the cage specifications.
(e) Enclosure in which wildlife is held in captivity shall be maintained as follows:
(1) Water. Drinking water shall be provided daily in clean containers. Swimming or wading pools shall be cleaned as needed to ensure good water quality. Enclosures shall provide adequate drainage of surface water;
(2) Food. Food provided shall be unspoiled and not contaminated; and
(3) Waste. Fecal and food waste shall be removed from cages daily and stored or disposed of in a manner that prevents noxious odors or insect pests. Hard floors shall be scrubbed and disinfected weekly. Large pens and paddocks with dirt floors shall be raked every three (3) days and the waste removed.
(f) The commission may promulgate rules and regulations requiring specific cage requirements for any species of live wildlife.
(g) Stationary facilities--Class I wildlife.
(1) All stationary facilities must be surrounded by a perimeter fence, or secondary barrier, of at least eight feet (8′) in height and a minimum of four feet (4′) from the cage holding the animal, or such other fencing, building or other protection of the enclosure where the animal is kept sufficient to prevent unauthorized public entry or direct physical contact between the animal and the public.
(2) All cages shall be well braced and securely fastened to the floor or in the ground and shall utilize metal clamps or braces of equivalent strength as that prescribed for cage construction.
(3) All cage entrances shall have double safety doors, one (1) of which only opens to the inside. These doors must remain locked at all times when unattended with chains and locks of sufficient strength to prevent the animal from breaking open the door if highly excited.
(4) All cages shall be constructed with a den, nest box or other connected housing unit that can be closed off and locked with the animal inside for the safe servicing and cleaning of the open area. In lieu of a nest box, a divided cage with a door between the two (2) compartments may be used.
(5) All outdoor cages shall provide adequate shelter from inclement weather conditions, shade from the sun and provide for the protection and health of the wildlife held.
(6) The mesh size or distance between bars shall be sufficiently small to prevent the escape of the animal being held.
(7) Restraint by tethering cannot be used as a means to hold an inherently dangerous animal in captivity, except for elephants within a perimeter fence or trained elephants under the immediate supervision of a qualified trainer or handler.
(8) All animals shall be kept in cages that meet the following minimum criteria, or shall be housed in buildings in which the strength of the walls, and the restraints affixed to all windows, doors and other means of entry or exit in effect meet such minimum criteria:
(A) Felidae and Ursidae. (i) All cages shall be constructed of and covered at the top with nine (9) gauge steel chain link or equivalent, with tension bars and metal clamps to prevent the escape of the animal; provided, that animals, except tigers, leopards and jaguars, may be held in facilities without a top where the sides of the cages are a minimum of eleven feet (11′) high with the top three feet (3′) of fencing turned in at a forty-five degree (45°) angle. No structures that could provide potential escape routes may be present near the fence of an open top cage;
(ii) All cages for cougars and cheetahs shall be constructed as specified in subdivision (g)(8)(A)(i) except that minimum strength shall be of eleven and one half (11 1/2 ) gauge steel chain link or equivalent;
(B) Canidae. All cages shall be constructed of and be covered at the top with eleven and one-half (11 1/2 ) gauge steel chain link or equivalent, with tension bars and metal clamps to prevent the escape of the animal; provided, that animals may be held in facilities without a top where the sides of the cage are a minimum of nine feet (9′) high with the top three feet (3′) of fencing turned in at a forty-five degree (45°) angle;
(C) Elephants, rhinoceros, hippopotamus and African buffalo.
(i) Construction materials shall consist of steel bars, masonry block or equivalent. If masonry block construction is used, the holes in the blocks must be filled with steel reinforced concrete to provide sufficient strength;
(ii) Restraints consisting of a barrier system of moats or other structures as are commonly accepted as suitable to restrain and contain these animals in paddocks or corrals may be used in lieu of a cage;
(D) Poisonous animals. Poisonous animals shall be kept in a cage or in a glass enclosure sufficiently strong, and, in the case of a cage, of small enough mesh to prevent the animals' escape. The cage or glass enclosure must be kept inside an outer cage, or glass enclosures must be kept locked at all times. No person except the permittee or such person's authorized employee shall open any cage or other container that contains poisonous animals. Persons keeping poisonous animals shall have in their possession antivenin for each species possessed;
(E) Chimpanzees, gorillas, orangutans. Cage construction materials shall consist of steel bars, two inch (2″) galvanized pipe, reinforced masonry block or their strength equivalent;
(F) Drills, mandrills, baboons, Gelada baboons, gibbons, siamangs. Cage construction materials shall consist of not less than nine (9) gauge steel chain link or equivalent; and
(G) Alligators and crocodiles. Cages shall consist of fencing at least five feet (5′) in height of not less than eleven and one-half (11 1/2 ) gauge chain link or equivalent.
(9) A facility that meets the requirements to be a zoological institution may use methods approved by the American Association of Zoological Parks and Aquariums for the purposes of restraint, containment and the prevention of escape and public contact for Class I animals, instead of the requirements listed in the preceding subdivisions.
(h) Mobile facilities. No mobile facility shall be used in transporting any wildlife except as follows:
(1) Facilities shall be equipped to provide fresh air without injurious drafts and adequate protection from the elements to all animals;
(2) The animal traveling area shall be free of engine exhaust fumes;
(3) Animal cages shall have openings for the emergency removal of wildlife;
(4) Cages shall be large enough to ensure that each specimen has sufficient room to stand erect and lie naturally;
(5) Wildlife transported in the same cage area shall be in compatible groups;
(6) Facilities used in transporting or temporarily exhibiting Class I wildlife shall be constructed of steel or case hardened aluminum of sufficient strength to prevent the escape of wildlife being transported. Such facilities shall be constructed in such a manner to prevent contact between the animal or animals and the general public. All doors shall be locked when the facility is in use;
(7) Poisonous reptiles shall only be transported in a strong, closely woven cloth sack, tied or otherwise secured. This sack shall then be placed in a box. The box shall be of strong material in solid sheets, except for small air holes, which shall be screened. Boxes containing poisonous reptiles shall be locked and prominently labeled “Danger--Poisonous Snakes” or “Danger--Poisonous Reptiles,” and shall include the owner's name, address, telephone number and list of number and species being transported;
(8) Temporary exhibits shall be housed in cages that meet the minimum cage specifications as provided in the section on stationary facilities when such wildlife is present in any geographical location for more than ten (10) days; and
(9) Prior to entering the state of Tennessee, temporary exhibitors shall submit a schedule that details the exact locations and dates of shows and places where such wildlife will be exhibited while in the state. Failure to provide such a schedule upon application for a permit shall be grounds to deny issuance of such permit.
CREDIT(S)
1991 Pub.Acts, c. 487, § 1; 1993 Pub.Acts, c. 287, § 1, eff. May 6, 1993.
(a) Any person who keeps Class I wildlife is liable for any costs incurred by any person, city, county or state agency resulting from the escape from captivity of the animal or animals.
(b) Neither the state of Tennessee nor any agency, employee or agent of the state of Tennessee is liable for any animal that expires, is injured or is destroyed. Neither the state of Tennessee nor any agency, employee or agent of the state of Tennessee is liable for any damage or injury caused by live wildlife under a permit issued pursuant to this part.
CREDIT(S)
1991 Pub.Acts, c. 487, § 1.
§ 70-4-407. Class I wildlife; transfer of ownership; requirements
(a) Prior to the transfer of any Class I wildlife to a new owner, the prospective owner must provide the seller with proper documentation of an approved holding facility for that species. Proper documentation consists of a copy of a current permit for that species or a letter from the Tennessee wildlife resources agency stating that the facilities have been inspected and are approved. Any transfer without approved holding facilities is a violation of this part by the seller, who shall provide housing for the animal at such seller's cost until the transferee can provide approved facilities or until final court actions are concluded. If the seller does not provide housing, such seller shall be liable for costs incurred by the agency for providing such housing.
(b) Permittees must notify the agency of any transfer of Class I wildlife within five (5) days of the transfer on forms provided by the agency.
CREDIT(S)
1991 Pub.Acts, c. 487, § 1.
§ 70-4-408. Unpermitted wildlife; disposition
Owners of unpermitted wildlife who do not qualify for a permit to possess such wildlife shall dispose of such wildlife to an approved recipient within thirty (30) days of notification by the agency. Each day of possession of unpermitted wildlife after such thirty (30) day period constitutes a separate violation.
CREDIT(S)
1991 Pub.Acts, c. 487, § 1.
§ 70-4-409. Inspections and inspectors
(a) Any person possessing live wildlife in Class I or Class II shall, during normal business hours and at all reasonable times, and without the necessity of a search warrant, allow the executive director or any officer or employee of the agency to inspect all animals, facilities and records relating to such animals for the purpose of ensuring compliance with the provisions of this part.
(b) Notwithstanding subsection (a) to the contrary, in Roane County the executive director or any officer or employee of the agency may be accompanied on such inspections of animals, facilities and records relating to such animals by the county executive or the county executive's designee from the office of the county sheriff or the county office of emergency management.
(c) The commission is authorized to promulgate rules and regulations to effectuate the purposes of subsection (b). All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
CREDIT(S)
1991 Pub.Acts, c. 487, § 1; 2011 Pub.Acts, c. 339, §§ 1, 2, eff. July 1, 2011.
§ 70-4-410. Propagation; rules and regulations; permits
(a) Before any person may engage in the business of propagating or otherwise obtaining Class I or Class II wildlife for sale, barter or trade, whether indigenous to this state or not, such person must obtain and possess a permit for each propagating location.
(b) Any nonresident who enters the state for the purpose of selling Class I or Class II wildlife species in this state shall also be required to purchase and possess a permit.
(c) All permits under this section shall comply with all provisions of the United States Code and the Code of Federal Regulations relating to exotic animals, their care, propagation, importation and sale.
(d) Artificially propagated wildlife may be propagated, sold, possessed, released or exported in accordance with the rules and regulations prescribed by the commission and, in the case of migratory birds, the regulations prescribed by the federal government.
(e) Only commercial propagators may qualify for a permit to propagate Class I wildlife and may transfer Class I wildlife only to persons or entities approved to possess Class I wildlife. First time commercial propagators shall have one (1) permit year to meet the criteria as defined in § 70-4-402(4). Renewal of a commercial propagator permit is conditional on the permittee having met the definition of a commercial propagator during the prior permit year.
CREDIT(S)
1991 Pub.Acts, c. 487, § 1.
§ 70-4-411. Imports; permits and papers
(a) All persons wishing to possess Classes I and II live wildlife obtained outside the state of Tennessee shall have in their possession the importation permit required by this part. The permit and all bills of lading and shipping papers relating to any wildlife that such person may have in such person's possession shall be open and available for inspection at all reasonable times by authorized agency officers and employees for the purpose of ensuring compliance with the provisions of this part.
(b) Animals brought into this state under the authority of an annual importation permit must be reported to the agency within five (5) days of the date of importation.
(c) An importation permit is required for all interstate movement of live wildlife except Class III, except no permit is required for zoos and temporary exhibitors.
CREDIT(S)
1991 Pub.Acts, c. 487, § 1.
§ 70-4-412. Release of wildlife
It is unlawful to release any class of wildlife in Tennessee except in accordance with the rules and regulations promulgated by the commission.
CREDIT(S)
1991 Pub.Acts, c. 487, § 1.
§ 70-4-413. Private wildlife preserves; rules and regulations; permits
(a) It is unlawful for any person to operate a private wildlife preserve for the purpose of propagating or hunting, or both, any class of wildlife reared in captivity unless that person obtains the appropriate permit and operates such private wildlife preserve in accordance with the rules and regulations promulgated by the commission.
(b) It is lawful to hunt approved species of pen-reared and farm-reared animals on such preserve.
(c) Persons hunting pen-reared animals on such preserve are not required to possess a hunting license.
CREDIT(S)
1991 Pub.Acts, c. 487, § 1.
§ 70-4-414. Falconry licenses and permits
(a) Before any person may take, transport or possess raptors for the purpose of falconry, such person shall first obtain a falconry permit in accordance with the rules and regulations promulgated by the commission. This permit is supplemental to all other permits and licenses required for hunting as provided in this title, except that a holder of a falconry license may import and possess raptors legally obtained without the necessity of an importation permit.
(b) Rules and regulations promulgated by the commission shall govern the taking, importation, possession and use of raptors, and shall require applicants for such permit to satisfactorily pass a written examination attesting to their qualification to possess and use falcons. The rules and regulations may provide for a waiver of the examination if the applicant has satisfactorily passed an examination in any other state that the commission deems comparable to the Tennessee examination. The rules and regulations shall not be less restrictive than federal regulations governing taking, transporting, possessing and using raptors for the purpose of falconry.
CREDIT(S)
1991 Pub.Acts, c. 487, § 1.
§ 70-4-415. Agency officers and employees; powers and duties
(a) Any officer of the agency, upon finding a violation of the provisions of this part, of the terms of the permit or rules and regulations promulgated pursuant to this part, may, as appropriate:
(1) Exercise such officer's arrest authority or, in lieu of exercising the arrest authority, issue a finding of a violation, along with a warning to remedy the violation by a specified date. Each day's continuation after such date constitutes a separate violation;
(2) Give three (3) days' written notice of seizure to the alleged offender, and make application to a court of proper jurisdiction for an order to seize any items or wildlife held, used or transported in violation of the provisions of this part, the permit or rules or regulations promulgated pursuant to this part; provided, that if such officer determines that the public health, safety or welfare imperatively requires emergency action, the notice requirement shall be suspended and such officer may make immediate application to the court for seizure; and provided further, that if the emergency is such that the wildlife presents a present or imminent life-threatening situation or is likely to do so under the circumstances, then such officer or any member of the agency who may be present and assisting the officer may destroy such wildlife; and
(3) Take any other reasonable and appropriate actions otherwise provided by law, including, but not limited to, the action provided for under § 70-4-405(a).
(b) Any person violating any provision of this part, including a failure to remedy under subdivision (a)(1), or who violated the terms of any permit or rules and regulations promulgated pursuant to this part, commits a Class A misdemeanor; provided, that in the discretion of the court, and in lieu of or in addition to a fine or a jail sentence, or both, the person's permit may be revoked, and such person shall be precluded from applying for or obtaining a permit under this part for a period not to exceed three (3) years.
(c) In the event of revocation of a person's permit, the court shall determine whether or not the items seized pursuant to subdivision (a)(2) shall be ordered forfeited to the state.
(d) When any item or wildlife is forfeited, the court shall enter an order accordingly and the contraband property shall be sold at public sale by the commissioner of general services or as otherwise provided by rules and regulations, or donated to a worthy recipient. However, upon request of the agency at the trial of the matter, the court, as a part of its order, may direct that specific items or wildlife, which the court has ordered forfeited, be awarded to the agency for use as educational or training purposes.
(e) No item or wildlife seized by the agency may be forfeited or disposed of in the discretion of the court, unless the offender has been convicted of the offense charged and all appeals from such conviction have been exhausted. An appeals bond shall be required to cover the cost of holding and maintaining such animals held, pending final disposition of the appeal.
CREDIT(S)
1991 Pub.Acts, c. 487, § 1.
§ 70-4-416. Escape; injury; notice
Permittees shall immediately notify the agency or local law enforcement officials of any escape of Class I wildlife. Any personal injury inflicted by any species of captive wildlife requiring medical treatment shall be reported to the agency within forty-eight (48) hours of the injury, and a complete report provided regarding the nature and circumstances of the injury.
CREDIT(S)
1991 Pub.Acts, c. 487, § 1.
§ 70-4-417. Administration; costs
The cost of administration of this part as it relates to wildlife not indigenous to this state shall be borne by the general fund and revenues collected pursuant to this part.
CREDIT(S)
1991 Pub.Acts, c. 487, § 1.
§ 70-4-418. Class I carnivore; microchip
(a) Any person who obtains a Class I carnivore on or after July 1, 2015, shall, within six (6) months of obtaining the animal, have a microchip permanently implanted in the animal. The microchip shall have an identification number that is unique to the microchip. In addition, the microchip shall contain a passive integrated transponder, which shall have a frequency of one hundred twenty-five kilohertz (125 kHz), one hundred thirty-four and two-tenths kilohertz (134.2 kHz), or four hundred kilohertz (400 kHz).
(b) Any person who possesses a Class I carnivore prior to July 1, 2015, and who continues to possess the animal on or after July 1, 2015, shall have a microchip that meets the technical specifications described in subsection (a) permanently implanted in the animal by July 1, 2018.
Credits
2015 Pub.Acts, c. 331, § 1, eff. July 1, 2015.