Ga. Comp. R. & Regs. R. 391-4-9-.04 - Wildlife Exhibition Permits

(1) Purpose. The purpose of these regulations is to protect wildlife and the citizens of Georgia by establishing minimum requirements for obtaining a wildlife exhibition permit and establishing standards for holding and exhibiting wildlife.

(2) General Regulations. A wildlife exhibition permit shall not be issued unless the following conditions are met:

(a) The applicant must be at least eighteen (18) years of age;

(b) Facilities for holding and exhibiting wildlife must comply with O.C.G.A. 27-5-6 and must meet minimum requirements as specified by the Department;

(c) Applicants proposing to exhibit mammals must first obtain an exhibitor's license from the United States Department of Agriculture, Animal and Health Inspection Service (USDA/APHIS), or provide documentation that the applicant is exempt from USDA/APHIS requirements; and

(d) Applicants proposing to exhibit migratory birds regulated by the United States Fish and Wildlife Service (USFWS) must obtain an appropriate permit from USFWS before obtaining or exhibiting migratory birds. A copy of USFWS permits shall be sent to the Department, Special Permit Unit.

(3) Fixed facilities. Wildlife exhibition permits for fixed facilities shall not be issued unless the following criteria are met:

(a) A fixed facility for exhibiting wildlife shall be open to the public for a time no less than 30 hours per week for at least six (6) months each year during reasonable hours of the day. A sign specifying the days and hours the facility is open to the public shall be placed in a prominent location visible to the public and in close proximity to the facility.

(b) Each cage or pen shall be signed identifying the animal(s) by common and scientific name. Additional information about each species shall be provided through interpretative signs and/or audio-visual material.

(4) Mobile Educational Programs. For the purpose of this rule, mobile educational program shall mean any educational program using live wildlife and which program is conducted outside of the enclosure where the wildlife is permanently housed. Conditions for conducting mobile educational programs are as follows:

(a) Residents holding wildlife for use in educational programs shall conduct a minimum of twelve (12) program hours per year. Program hours must be documented and provided at the time of renewal;

(b) Animals must be handled so there is minimal risk of harm to the public and animals with sufficient distance allowed between the animals and the viewing public to assure safety to both the public and the animals as determined by the Department. Animals shall not be handled by the public, except that nonvenomous reptiles and amphibians may be handled by members of the public under close supervision of the permittee.

(5) Exhibition of rabies prone species.

(a) Bats, bobcats, coyotes, foxes, raccoons, and skunks shall not be exhibited in mobile educational programs.

(b) In fixed facilities, the exhibition of bats, bobcats, coyotes, foxes, raccoons, and skunks will be made in a facility constructed in a manner satisfactory to the Department to ensure that the public cannot gain access to animals which may have exposure to free-living rabies vector species.

(c) Bats, bobcats, coyotes, foxes, raccoons, and skunks shall be kept in isolation from contact with other exhibit animals and free-living wildlife for a minimum of 180 days before exhibition in fixed facilities.

(d) Persons with specific responsibilities related to handling, feeding, or caring for animals at facilities which exhibit bats, bobcats, coyotes, foxes, raccoons, and skunks shall receive rabies pre-exposure vaccination and must demonstrate rabies antibody levels that are recommended for adequate protection before a permit is issued and at least every five years thereafter.

(6) Exemptions.

(a) Educational institutions; federal, state, city, county, or municipal governments or their agencies; or transient circuses, shall receive a wildlife exhibition permit at no cost, provided that such exhibition shall comply with all laws and regulations relating to handling, care, confinement, and transporting of wildlife and rules contained herein.

(b) Falconers licensed in Georgia shall not be required to purchase a wildlife exhibition permit to conduct mobile educational programs with raptors held under their Georgia State/Federal falconry license.

(c) Residents exhibiting wildlife ate both a fixed facility and at mobile educational programs shall meet the requirements of 391-4-99-.04(3)(a)or(4)(a), but shall not be required to comply with both paragraphs (3)(a) and (4)(a).

(d) Persons issued wildlife exhibition permits or licenses prior to passage of this rule shall have until November 1, 1998 to comply with these regulations.

(e) Nothing in this rule shall be construed to limit or prohibit a licensed veterinarian or licensed veterinary technician from providing emergency care, vaccination or other veterinary care that otherwise falls within the scope of professional and ethical judgment.

(7) Penalties.

(a) Wildlife exhibitors in violation of this rule shall have their license or permit revoked or suspended by the Department for a period of not less than two (2) years.

Notes

Ga. Comp. R. & Regs. R. 391-4-9-.04

O.C.G.A. Secs. 27-1-4, 27-2-13, 27-5-2, 27-5-5.

Original Rule entitled "Wild Animal for Which License or Permit Required" adopted as ER 391-4-9-0.26-.01. F. Aug. 10, 1993; eff. July 23, 1993, the date of adoption. Amended: Permanent Rule of same title adopted. F. Oct. 29, 1993; eff. Nov. 18, 1993. Repealed: New Rule entitled "Wildlife Exhibition Permits" adopted. F. Apr. 24, 1998; eff. May 14, 1998.