Current through Register Vol. 30, No. 38, September 20, 2024
A. A zoo
license allows a person to exhibit, export, euthanize, display for educational
purposes, give away, import, offer for sale, possess, propagate, purchase,
sell, or transport any lawfully possessed restricted and nonrestricted live
wildlife.
B. A person may apply for
a zoo license only for a commercial facility open to the public where the
principal business is holding wildlife in captivity for exhibition purposes and
for one or more of the following purposes:
1.
Advancement of science or wildlife management,
2. Promotion of public health or
welfare;
3. Public education;
or
4. Wildlife
conservation.
C. A zoo
license expires on the last day of the third December from the date of
issuance.
D. In addition to the
requirements established under this Section, a zoo license holder shall comply
with the special license requirements established under R12-4-409.
E. The zoo license holder shall be
responsible for compliance with all applicable regulatory requirements; the
license does not:
1. Exempt the license
holder from any municipal, county, state, or federal codes, ordinances,
statutes, rules, or regulations; or
2. Authorize the license holder to engage in
authorized activities using federally-protected wildlife, unless the license
holder possesses a valid license, permit, or other form of documentation issued
by the United States authorizing the license holder to use that wildlife in a
manner consistent with the special license.
F. The Department shall deny a zoo license to
a person who fails to meet the requirements established under R12-4-409 or this
Section. The Department shall provide the written notice established under
R12-4-409(F)(4) to the applicant stating the reason for the denial. The person
may appeal the denial to the Commission as prescribed under A.R.S. Title 41,
Chapter 6, Article 10. In addition to the requirements and criteria established
under R12-4-409(F)(1) through (4), the Department shall deny a zoo license
when:
1. It is in the best interest of the
wildlife; or
2. The issuance of the
license will adversely impact other wildlife or their habitat in the
state;
G. An applicant
for a zoo license shall submit an application to the Department. The
application is furnished by the Department and is available from any Department
office, and the Department's website. An applicant shall provide the following
information on the application:
1. The
applicant's information:
a. Name;
b. Mailing address;
d. Department ID number, when applicable;
2. If the applicant is employed
by, contracted with, or affiliated with an educational or scientific
institution, the applicant shall provide the institution's:
a. Name;
b. Mailing address;
c. Telephone
number;
3. Wildlife
species to be held under the license;
a.
Common and current scientific name of the wildlife species; and
b. Number of individuals for each
species;
4. If the
applicant is renewing the zoo license, the number of animals of each species
that are currently in captivity, and evidence of lawful possession as defined
under R12-4-401;
5. For each
location where the wildlife will be exhibited, the land owner's:
a. Name;
b. Mailing address;
c. Telephone number; and
d. Physical address or general location
description and Global Positioning System location;
6. A detailed description and diagram of the
facilities where the applicant will hold the wildlife and a description of how
the facilities comply with the requirements established under
R12-4-428;
7. A description of how
the facility or operation meets the definition of a zoo, as defined under
A.R.S. §
17-101(A)(26);
8. The purpose of the license, as described
under subsection (B);
9. Any other
information required by the Department; and
10. The certification
required under R12-4-409(C).
H. In addition to the requirements listed
under subsection (G), an applicant for a zoo license shall also submit at the
time of application:
1. Proof of current licensing by the United
States Department of Agriculture under 9 CFR Subpart A, Animal
Welfare;
2. Photographs of the facility when the zoo is not
accredited by the Association of Zoos and Aquariums or Zoological Association
of America.
3. For subsection, (H)(1), 9 CFR Subpart A, Animal
Welfare revised January 1, 2019, and no later amendments or editions, which is
incorporated by reference. The incorporated material is available from the U.S.
Government Printing Office, Superintendent of Documents, P.O. Box 979050, St.
Louis, MO 63197-9000, and is on file with the Department.
I. An applicant for a zoo license shall pay
all applicable fees required under R12-4-412.
J. A zoo license holder shall:
1. Comply with all additional stipulations
placed on the license by the Department, as authorized under
R12-4-409(H).
2. Allow the
Department to conduct inspections of an applicant's or license holder's
facility and records at any time before or during the license period to
determine compliance with the requirements of this Article. The Department
shall comply with A.R.S. §
41-1009
when conducting inspections at a license holder's facility.
3. Ensure each facility is inspected by the
attending veterinarian at least once every year.
4. Hold all wildlife in such a manner
designed to prevent wildlife from escaping from the facility specified on the
license.
5. Hold all wildlife in a
manner designed to prevent the entry of unauthorized persons or other
wildlife.
6. Hold all wildlife
lawfully possessed under the zoo license in the facility specified on the
license, except when transporting the wildlife:
a. To or from a temporary exhibit;
b. For medical treatment; or
c. Other activities approved by the
Department in writing.
7. Ensure a temporary exhibit shall not
exceed 60 consecutive days at any one location, unless approved by the
Department in writing.
8. Clearly
display a sign at the facility's main entrance that states the days of the week
and hours when the facility is open for viewing by the general
public.
9. Ensure all wildlife held
under the license that has the potential to come into contact with the public
is tested for zoonotic diseases appropriate to the species no more than 12
months prior to importation or display. Any wildlife that tests positive for a
zoonotic disease shall not be imported into this state without review and
approval by the Department in writing.
10. Dispose of the following wildlife only as
directed by the Department:
a. Wildlife
obtained under a scientific activity license; or
b. Wildlife loaned to the zoo by the
Department.
11. Maintain
records of all wildlife possessed under the license for a period of five years
following the date of disposition. In addition to the information required
under subsections (H)(1) through (H)(3), the records shall also include:
a. Number of all restricted live wildlife, by
species and the date it was obtained;
b. Source of all restricted live wildlife and
the date it was obtained;
c. Number
of offspring propagated by all restricted live wildlife; and
d. For all restricted live wildlife disposed
of by the license holder:
i. Number, species,
and date of disposition; and
ii.
Method of disposition.
K. A zoo license holder shall not:
1. Accept any wildlife that is donated,
purchased, or otherwise obtained without accompanying evidence of lawful
possession.
2. Import into this
state any wildlife that may come into contact with the public and tests
positive for zoonotic disease, as established under subsection
(J)(9).
L. A zoo license
holder shall dispose of restricted live wildlife in this state by:
1. Giving, selling, or trading the wildlife
to:
a. Another zoo licensed under this
Section;
b. An appropriate special
license holder or appropriately licensed or permitted facility in another state
or country authorized to possess the wildlife being disposed;
2. Giving selling, or donating the
wildlife to a medical or scientific research facility exempt from special
license requirements under R12-4-407;
3. Exporting the wildlife to a zoo certified
by the Association of Zoos and Aquariums or Zoological Association of America;
or
4. As otherwise directed by the
Department.
M. A zoo
license holder shall submit an annual report to the Department before January
31 of each year for the previous calendar year. The report form is furnished by
the Department.
1. A report is required
regardless of whether or not activities were performed during the previous
year.
2. The zoo license becomes
invalid if the annual report is not submitted to the Department by January 31
of each year.
3. The Department
will not process the special license holder's renewal application until the
annual report is received by the Department.
4. The report shall summarize the current
species inventory, and acquisition and disposition of all wildlife held under
the license.
N. A zoo
license holder shall request the authority to possess a new species of
restricted live wildlife by submitting a written request to the Department
prior to acquisition, unless the wildlife was:
1. Held under the previous year's zoo license
and included in the previous annual report, or
2. Authorized in advance by the Department in
writing.
O. A zoo
license holder shall comply with the requirements established under R12-4-409,
R12-4-426, R12-4-428, and R12-4-430, as applicable.
