Ga. Comp. R. & Regs. R. 391-4-9-.08 - Film Production Wildlife Permit

(1) The purpose of this regulation is to protect wildlife and the citizens of Georgia by establishing regulations for the possession and exhibition of wildlife to be used in the film industry. This regulation provides and establishes permit requirements and requirements for animal origin, humane care, use and handling, and reporting.

(2) Permit Requirements. A Film Production Wildlife (FPW) permit shall not be issued unless the following conditions are met:

(a) Application for a FPW permit shall be made on an official application form provided by the department. FPW permits are valid upon issuance date and expire annually on March 31.

(b) An applicant wishing to possess or provide mammals must possess a valid U.S. Department of Agriculture Animal Welfare Act license and submit a copy of this license with the application for an FPW permit.

(c) An applicant wishing to possess or provide FPW animals which are currently listed in the Migratory Bird Treaty Act, Bald and Golden Eagle Protection Act, or the Endangered Species Act must possess a valid United States Fish and Wildlife Service (USFWS) permit and submit a copy of this permit with the application for an FPW permit.

(d) An applicant for a resident FPW permit must be a legal Georgia resident who has a minimum of five years of verifiable film/entertainment industry experience, and who is at least 21 years old. Verifiable experience requires a resume detailing at least five years of professional, documented animal training and handling for film/entertainment industry activities within the previous ten years and must be submitted with the application. Members of the family Cervidae and rabies vector species including: bats, bobcats, coyotes, foxes, raccoons and skunks shall not be imported into Georgia.

(e) An applicant for a non-resident FPW permit must have a minimum of five years of verifiable film/entertainment industry experience and be at least 21 years old. Verifiable experience requires a resume detailing at least five years of professional, documented animal training and handling for film/entertainment industry activities within the previous ten years and must be submitted with the application. Members of the family Cervidae and rabies vector species including: bats, bobcats, coyotes, foxes, raccoons and skunks shall not be imported into Georgia.

(f) Anyone who has been convicted of a wildlife or animal welfare violation in Georgia, or the equivalent in another state within the past five years is not eligible for a FPW permit.

(g) All resident facilities where animals will be housed, maintained or trained shall be inspected by the department prior to issuance of an initial FPW permit. Facilities must comply with the specifications for the humane handling, care, confinement, and transportation of animals set forth in O.C.G.A. § 27-5-6 and must meet minimum requirements as specified by the department.

(h) The application must contain an animal inventory list of the species and number of animals to be possessed under the permit. Once a FPW permit has been granted by the department, the applicant must obtain department approval prior to acquiring any additions to their inventory possessed under this permit.

(i) Liability insurance is required for the possession of any wildlife to be utilized under the terms of this permit. Prior to the issuance of a FPW permit, any applicant other than a governmental agency or university research facility must provide proof of liability insurance from a company licensed to do business in this state or an unauthorized insurer if permitted by Chapter 5 of Title 33. Such insurance must be maintained in force and effect and cover claims for injury or damage to persons or property in an amount equal to $40,000.00 for each animal up to a maximum of $500,000.00.

(j) An applicant is responsible for, and shall so indicate on the application, any and all costs associated with the escape, capture and disposition of a permitted animal. This includes any such costs incurred by the Department.

(3) General Rules

(a) This permit is valid only for wildlife species which are native to Georgia. Species not native to Georgia are considered Wild Animals (OCGA § 27-1-2(75)) and must be held under a valid Wild Animal License (OCGA § 27-5-4).

(b) Georgia wildlife permitted under these regulations shall not be taken from the wild and no wildlife shall be released into the wild. Permitted animals must have been obtained from a source permitted or approved by the department.

(c) Persons with specific responsibilities related to handling, feeding, or caring for rabies vector species including bats, bobcats, coyotes, foxes, raccoons and skunks shall receive rabies pre-exposure vaccination and shall demonstrate rabies antibody levels recommended for adequate protection before a permit is issued and at least every five years thereafter while the permit is valid.

(d) Each permitted animal shall have an official health certificate signed by a licensed veterinarian. This health certificate shall reference a specific microchip identification tag that has been surgically implanted into the animal by the licensed veterinarian. Veterinary health inspections on all animals possessed under the FWP permit shall be performed annually.

(e) Permit holder shall allow inspections of premises by department employees for purposes of enforcing these regulations. Inspections may be unannounced and may include, but are not limited to pens, stalls, holding facilities, records and examination of animals as necessary to determine species identification, sex, health and/or implanted microchip number.

(f) Whenever an animal is present, the specifications for the humane handling, care, confinement, and transportation of animals set forth in OCGA § 27-5-6 must be provided in all FWP facilities, film production locations and venues, educational venues, permanent and temporary housing enclosures, and during transport.

(g) Animals held under an FWP permit may be utilized in the film production industry, or utilized for educational purposes provided that the specific animal(s) being displayed is/are included in the most current animal inventory list submitted to the department by the applicant. Animals held under an FWP permit may not be used in any photography opportunity with a patron which may allow physical contact between the animal and the patron. Animals held under a FWP permit may not be used in any activity which may allow physical contact between the animal and a member of the general public.

(h) Animals held under an FWP permit, except rabies vector species, may be displayed at educational program venues by the permit holder or sub-permit holder outside of a secure enclosure provided that these animals are under constant control and immediate physical restraint of the permit holder or sub-permit holder, such restraint precluding any chance of escape or physical contact, intentional or accidental, with any individual other than the permit or a sub-permit holder.

(4) Reporting and Renewal Requirements

(a) An Annual Report of activities completed under this permit is required when submitting a request for permit renewal. This Annual Report shall be completed on official forms provided by the department.

(b) FWP permits will not be renewed until all renewal requirements indicated on the renewal application are received. Copies of current USDA, USFWS or other applicable license must also accompany the renewal application.

(c) Certificate of Veterinary Inspection or other proof of veterinary health examinations for any and all animals held under this permit must be submitted with renewal application.

(d) A report detailing injuries to any person involving an animal held under this permit, or an injury to any animal held under this permit during the previous year must accompany the renewal application. Reportable injuries include those occurring during housing at primary facility, transport, at temporary housing facilities and during film production activities. Report must contain a narrative describing the circumstances surrounding the injury, identification of remedial measures, conclusive identification of animal(s) involved and disposition of said animals. A reportable injury includes a bite, scratch, or claw wounding, no matter how minor or any other type of injury requiring first aid or more serious medical intervention. For an animal held under this permit, a reportable injury is one that causes unjustifiable physical pain, suffering or death to any living animal, including, but not limited to, any wound, bite, broken bone, damage to organ or tissue, or environment-related stress that requires first aid, veterinary attention, euthanasia or removal from availability for use in film production activities.

(e) At least 24 hours prior to transporting any permitted animal to a film production or educational venue the FPW permit holder shall notify the Special Permit Unit with details of the job or appearance. These details shall include date, location, type of job, duration of job, travel times, specific animals involved, the permit holder or sub-permit holder involved and any overnight housing/caging facilities to be used. Contact information for the agent or contractor should also be included.

(f) Notification of any animal escape must be made to the Special Permit Unit immediately upon detection of the escape event. This notification must include date, time, location, the species of animal that escaped, a description of actions taken to recover the escaped animal and the outcome of the event. Escapes may result in suspension or revocation of the permit. Failure to notify the Special Permit Unit of any escape may result in immediate revocation of this permit.

(g) Once an FPW permit has been granted by the department, the permit holder shall submit and maintain an up to date accurate written inventory list of animals in possession. This inventory list shall include species, sex, and microchip number of specific animals that are actually in possession of the permit holder. Individual animals must be identifiable through microchip implantation. Permit holder shall maintain records of microchip numbers and make such records available to the department upon demand. The Special Permit Unit must be notified within 48 hours of any changes to this animal inventory list. Deletions must be justified and contain the disposition of the animal. Additions to the list of species being held by a permit holder are subject to approval at the discretion of the department, and may require re-inspection of facilities. Failure to maintain an accurate, up to date animal inventory list may subject the permit holder to revocation or suspension of this permit.

(h) Any injury (bite, scratch, or claw wounding, no matter how minor, or any other type of injury requiring first aid or more serious medical intervention), accidentally or otherwise incurred by an audience member or any individual of the general public, that is caused by an unpermitted animal, an animal not specifically listed on the most recent inventory submitted to the department, or an animal possessed by an FWP permit holder shall be reported to the department immediately following the incident. Such injuries may subject the permit holder to revocation or suspension of this permit.

(i) Any unreported injury (bite, scratch, or claw wounding, no matter how minor, or any other type of injury requiring first aid or more serious medical intervention), accidentally or otherwise incurred by an audience member or any individual of the general public, that is caused by a permitted or unpermitted animal may result in a revocation of this permit.

(5) Penalties.

(a) Film Production Wildlife Permit holders in violation of this rule shall be subject to revocation or suspension of their permit in accordance with O.C.G.A. § 27-2-25.

Notes

Ga. Comp. R. & Regs. R. 391-4-9-.08

O.C.G.A. § 27-2-13.1, et seq., as adopted.

Original Rule entitled "Film Production Wildlife Permits" adopted. F. Sep. 6, 2016; eff. Sept. 26, 2016.