Possessing Nonnative (a/k/a "Exotic" Wildlife in Arkansas

Possessing Nonnative (a/k/a “Exotic”) Wildlife in Arkansas

By James F. Goodhart

James (Jim) Goodhart has served as General Counsel for the Arkansas Game and Fish Commission since 1997. He is pictured here with an AGFC resident, Tia, a speckled kingsnake (Lampropeltis holbrooki). Historically, the Arkansas Game and Fish Commission (“AGFC”) has regulated the possession, breeding, and management of many “captive-reared” wildlife species.1 In 1944, the citizens of Arkansas approved Amendment 35 to the Arkansas Constitution, which advanced a new science-based approach for the conservation and regulation of wildlife in Arkansas.2 Since then, Arkansas courts, as well as the Arkansas Attorney General, have recognized that Amendment 35 authorizes AGFC to administer regulations for a broad range of wildlife, which includes captive-reared, nonnative or “exotic” wildlife.3

For many years, AGFC has restricted the importation of various captive wildlife species and required permits for their private possession, breeding, and sale.4 Justifications for these regulations include preventing introduction of invasive species, parasites, and diseases harmful to native wildlife and/or agriculture; protecting public safety, especially from dangerous species and zoonotic diseases; protecting native wildlife from over-exploitation and commercialization; and protecting global wildlife from over-exploitation.5 The possession of live wildlife in captivity is generally prohibited, except in accordance with a list of enumerated exceptions.6 Additionally, AGFC has adopted possession restrictions that apply to certain individual captive, nonnative wildlife species.7 Currently, the bulk of AGFC’s regulations for captive wildlife fall under four main topics:

1. Wildlife Importation Permit Requirements; 2. Wildlife Breeder/Dealer Permit Requirements; 3. Species-specific Regulations, including primarily: Box Turtles; Cervids; Large

Carnivores; Large Primates; Rabies-Vector Species; Venomous Reptiles; and

Waterfowl/Game Birds; and 4. Unrestricted, Permitted, and Prohibited Captive Wildlife Species Lists.8

Before bringing any captive wildlife into Arkansas or transporting it through the state, a person must apply to receive a Wildlife Importation Permit, unless the particular species is exempt due to listing in the Unrestricted Captive Wildlife Species List.9 When applying for the permit, the owner of the captive wildlife must submit written documentation showing the origin and destination of each animal

and indicating it has been certified by an accredited veterinarian to be free of diseases and parasites that may pose adverse risk to native wildlife and complies with all applicable animal health requirements adopted by AGFC and the Arkansas Livestock and Poultry Commission.10 Species listed in the Prohibited Species List may not be imported, except pursuant to certain narrow limitations.11 A permit is not necessary merely to move legallyowned captive wildlife intrastate or to return wildlife to Arkansas after it has been temporarily moved out-of-state for less than 30 days.12

To “rear, breed, propagate . . . or offer for sale” particular wildlife species, an individual must apply for and receive a Wildlife Breeder/Dealer Permit.13 As with the Wildlife Importation Permit, an applicant for a Wildlife Breeder/Dealer Permit should consult the Unrestricted, Permitted, and Prohibited Captive Wildlife Species Lists to determine whether a particular species is exempt from the permit requirement or cannot be permitted at all.14

AGFC has adopted specific regulations restricting private ownership of white-tailed deer, elk, and other cervids, including nonnatives like moose, caribou, sika deer, fallow deer, red deer, axis deer, and mule deer.15 Many of these regulations are intended to prevent the spread of Chronic Wasting Disease (CWD), which is a contagious prion disease that causes fatal, neurological degeneration in cervids.16 Importation of deer, elk, or any other cervids is generally prohibited.17

Additionally, subject to limited exceptions, it is illegal to import into Arkansas or possess mountain lions or any large carnivores, including African lions, tigers, leopards, snow leopards, jaguars, and bears.18 Likewise, since 2013, apes, baboons, and macaques cannot be imported or possessed in the state, except pursuant to certain narrow limitations.19 Primates (other than apes, baboons, and macaques) that are approved in the Permitted Captive Wildlife Species List may be eligible for import and possession as long as the particular primate is registered with the local county sheriff within 30 days of acquisition and applicable AGFC regulations are met, including caging and care requirements.20

In 2019, AGFC approved regulations requiring a Venomous Reptile Possession Permit beginning July 1, 2021, for individuals wishing to possess any “medically significant venomous reptile species,” whether native or nonnative to Arkansas.21 This permit applies to captivereared venomous snake species that are native to Arkansas (e.g., timber rattlesnakes, copperheads, etc.) plus exotic reptile species, such as beaded lizards, Gila monsters, and various cobras and vipers. Exceptions exist for possessing native venomous reptiles in accordance with a Commission-issued Scientific Collection Permit, a Conservation Education Permit, or the provisions for native wildlife pets under Code 09.14. The Venomous Reptile Possession Permit addresses specific requirements for the facility and caging (i.e., animal enclosures secured with locking mechanisms, rooms modified to be escape-proof, and “Venomous Reptile” labelling and posted warning signs), reporting and recordkeeping, inspections, and transportation.

A variety of nonnative wildlife species may be kept as personal pets in accordance with Code 09.02. Animals must have been purchased from an AGFC-permitted Wildlife Breeder/Dealer, brought into Arkansas with a Wildlife Importation Permit, or purchased from a legal owner that registered the sale with AGFC.22 However, this requirement does not apply if the animal is among the species designated on the Unrestricted Captive Wildlife Species List.23 Unrestricted species include common types of birds (such as certain canaries, cockatoos, finches, macaw, parrots, peafowl, etc.), ferrets, geckoes, gerbils, guinea pigs, hamsters, lizards, mice, nonvenomous snakes (including some species of pythons and Boa constrictors), sugar gliders, and tortoises. If the species is listed on the Permitted Captive Wildlife Species List, a Wildlife Breeder/Dealer Permit is required to breed any animals.24 Otherwise, without that permit, males and females must be kept in separate enclosures unless they have been neutered to prevent reproduction.25 Each species on the “Permitted Captive Wildlife Species List” has undergone evaluation by the Commission and determination that it “does not pose a significant risk to human health and safety, native fish and wildlife health or populations, or agriculture, and that [it] can be safely confined in a humane manner.”26 These species include different types of birds (including chukars, ostriches, some species of parakeets, pheasants, and ravens), frogs and toads, venomous snakes, and exotic mammals, such as giraffes, some monkeys, water buffalo, and zebra.

For more information about possessing nonnative wildlife in Arkansas (including copies of FAQ fact sheets, importation guidance, permit applications, and wildlife pet restrictions), visit www.agfc.com/en/ wildlife-management/captive-wildlife/ or contact AGFC at 800-364-4263 or AskAGFC@agfc.ar.gov.

Endnotes:

1. See 1917 Ark. Acts 133, § 8 (codified as Ark. Code Ann. § 15-41-104(b); repealed by 1999 Ark. Acts 1557, § (3)) (“The commission may establish rules and regulations governing the propagation of game, fish, and fur-bearing animals in captivity upon private premises and authorize the sale or exportation from the state thereof upon permits to be issued by the commission.”); see also 1943 Ark. Acts 146, § 9 (codified as Ark. Code Ann. § 15-44-101; repealed by 1999 Ark. Acts 1557, § 109). 2. The initiated petition was approved during the General Election of November 7, 1944, and became effective on July 1, 1945. Amendment 35 provides, in part: “The control, management, restoration, conservation and regulation of birds, fish, game and wildlife resources of the State, including hatcheries, sanctuaries, refuges, reservations and all property now owned, or used for said purposes and the acquisition and establishment of same, the administration of the laws now and/or hereafter pertaining thereto, shall be vested in a Commission to be known as the Arkansas State Game and Fish Commission, to consist of eight members….” Ark. Const. amend. 35, § 1. 3. See Delancy v. State, 356 Ark. 259, 151 S.W. 3d 301 (2004) (affirming conviction for illegal importation and possession of captive-reared elk); Farris v. Ark. State Game & Fish Comm’n, 228 Ark. 776, 310 S.W.2d 231 (1958) (holding valid AGFC regulation

prohibiting sale of game fish raised in privately-owned waters); Ark. Atty. Gen. Opinion No. 2000-216, 2000 WL 1505420 (Sept. 20, 2000) (concluding AGFC is authorized to adopt and enforce regulation of privately-owned, nonnative wildlife “as long as the particular regulation reasonably tends to promote the protection and conservation of this State’s wildlife resources, and is not discriminatory or violative of the United States Constitution”); compare Noe v. Henderson, 373 F. Supp. 2d 939 (E.D. Ark. 2005), aff'd, 456 F.3d 868 (8th Cir. 2006) (holding that AGFC was not precluded by the Federal Migratory Bird Treaty Act from requiring a permit for private possession or sale of captive-reared mallard ducks).

AGFC defines “wildlife” to mean “[a] ll wild birds, mammals, fish, reptiles, amphibians, other wild aquatic forms, and all other wild animals, regardless of classification, whether resident, migratory or imported, protected or unprotected, dead or alive, and shall extend to and include any and every part of any individual species of wildlife, including animals living in a captive state.” AGFC Code 01.00-C (emphasis added). 4. In 1943, AGFC became authorized to issue permits for Game Breeder’s and Game Bird Breeder’s Permits. In the 1980s, AGFC began requiring a Commercial Nongame Breeder’s Permit for individuals to privately raise any nongame animals. In 2000, the Game Breeder’s and Nongame Breeder’s Permits were combined to become the Wildlife Breeder/Dealer Permit. That same year, AGFC promulgated a regulation requiring a Wildlife Importation Permit for persons wanting to bring wildlife into or through Arkansas. Current regulations applicable to captive wildlife are contained in Chapter 09.00 of the Arkansas Game and Fish Commission Code (“AGFC Code”), which can be accessed at: https://apps.agfc. com/regulations/09.00/. 5. See https://www.agfc.com/en/ news/2018/09/26/captive-wildliferegulation-changes-proposed/. 6. See AGFC Code 09.01. The list of exceptions includes species referenced in Addendum R1.01—Unrestricted Captive Wildlife Species List; accredited members of the Association of Zoos and Aquariums; holders of specified permits issued by AGFC or the U.S. Fish and Wildlife Service; and persons holding wildlife captive in compliance with other specific regulations. 7. See AGFC Code 09.02 (restricting possession of mountain lions, large carnivores, primates, medically-significant venomous reptiles, and other species not excepted under Code 09.01 or Addendum R1.01, and outlining requirements concerning acquisition, maintenance of enclosures, recordkeeping, and health conditions). 8. See generally AGFC Code Chapter 09.00. Fact sheets, permit applications, and various other informational materials for captive wildlife can be accessed at https:// www.agfc.com/en/wildlife-management/ captive-wildlife/. 9. See AGFC Code 09.10 and Addendum R1.01. Nearly 100 species are designated as “unrestricted.” 10. AGFC Code 09.10 Addendum A F1.04 (B)-(C); see also Arkansas Livestock & Poultry Comm’n Regulations for Arkansas Health Requirements Governing the Entry of Livestock, Poultry, and Exotic Animals, https://www.agriculture.arkansas. gov/wp-content/uploads/2020/05/Entry_ Requirments_.pdf. 11. AGFC Code 09.10(G) and Addendum R1.03. Presently, the Commission has listed 31 separate species as generally prohibited, including bats, box turtles, coyotes, foxes, raccoons, various rodents, skunks, waterfowl, plus various exotic mammals, such as apes, baboons, cervids, hippopotamus ibex, oryx, “big cat” members of the genus Panthera, rhinoceros, and warthogs. 12. AGFC Code 09.10. 13. AGFC Code 09.07. Requirements for a Wildlife Breeder/Dealer Permit are set forth in AGFC Code Addendum F1.03. 14. See AGFC Code 09.07(F) and Addenda R1.01, R1.02, and R1.03. 15. See e.g., AGFC Code 05.26, 09.11(H), and 09.14. 16. Chronic Wasting Disease was first discovered in Arkansas elk and deer in February 2016. For more information about CWD and its presence in cervids, see https:// www.agfc.com/en/hunting/big-game/deer/ cwd/. 17. AGFC Code 09.11 and Addendum R1.03. 18. AGFC Code 09.02 and Addendum R1.03; see also Ark. Code Ann. §§ 2019-501 to -511. Possession of mountain lions or any large carnivores is prohibited, except in accordance with exemptions available to institutions accredited by the American Zoos and Aquarium Association, registered nonprofit humane societies, veterinary hospitals or clinics, holders of U.S. Department of Agriculture Wildlife Exhibition Permits, and holders of AGFC Wildlife Breeder/Dealer Permits issued prior to 2007. 19. AGFC Code 09.11 and Addendum R1.03; see also Ark. Code Ann. §§ 20-19-601 to -610. Exemptions allow for importation and/or possession of apes, baboons, and macaques in limited circumstances involving accredited zoos, research facilities, wildlife sanctuaries, circuses, persons temporarily holding or transporting the animal(s) into or through the state for 10 days or less, and for all primate owners who registered their animal(s) with the local county sheriff prior to March 2014. 20. Ark. Code Ann. §§ 20-19-605 and -606 and AGFC Code Addendum F1.03(F). 21. See AGFC Code 01.00-C for the definition of “Medically-Significant Venomous Reptile Species,” Code 9.17 for applicable regulations, and Addendum F1.08 for permit requirements. A Wildlife Importation Permit is required to import any of these species into the state and a Wildlife Breeder/Dealer Permit is needed before venomous reptiles may be bred and/or sold. The Venomous Reptile Possession Permit is not required for hand-captured native wildlife pets in accordance with AGFC Code 09.14. 22. AGFC Code 09.02(G). 23. AGFC Code Addendum R1.01. Currently, this list references 98 separate species that are exempt from any permits for breeding, selling, or importing. 24. AGFC Code Addendum R1.02. Presently, this list identifies 68 species designations that are potentially eligible to receive permits for breeding, selling, or importing subject to the terms of a Wildlife Breeder/Dealer Permit or Wildlife Importation Permit. 25. AGFC Code 09.02(F). 26. AGFC Code Addendum R1.02(A)(68); see also AGFC Code 09.07(F). ■