Current through Register Vol. 30, No. 38, September 20, 2024
A. For the
purposes of this Section, "animal" means any wildlife possessed under a special
license, unless otherwise indicated.
B. A person possessing wildlife under a
special license authorized under this Article shall comply with the minimum
standards for the humane treatment of animals established under this
Section.
C. A person possessing
wildlife under an authority granted under this Article shall ensure all
facilities meet the following minimum standards:
1. The facility shall be:
a. Constructed of material of sufficient
strength to resist any force the animal may be capable of exerting against
it.
b. Constructed in a manner
designed to reasonably prevent the animal's escape or the entry of unauthorized
persons, wildlife, or domestic animals.
c. Constructed and maintained in good
condition to protect animals from injury, disease, or death and to enable the
humane practices established under this Section.
2. If electricity is required to comply with
related requirements established under this Section, each facility shall be
equipped with safe, reliable and adequate electric power.
a. All electric wiring shall be constructed
and maintained in accordance with all applicable governmental building
codes.
b. Electrical construction
and maintenance shall be sufficient to ensure that no animal has direct contact
with any electrical wiring or electrical apparatus, and the animal is fully
protected from any possibility of injury, shock, or electrocution.
3. Each animal shall be supplied
with sufficient potable water to meet its needs.
a. All water receptacles shall be kept in
clean and sanitary condition.
b.
Water shall be readily available and monitored at least once daily or more
often when the needs of the animal or environmental conditions
dictate.
c. If potable water is not
accessible to the animal at all times, it shall be provided as often as
necessary for the health and comfort of the animal.
4. Food shall be suitable, wholesome,
palatable, free from contamination, and of sufficient appeal, quantity, and
nutritive value to maintain the good health of each animal held in the
facility.
a. Each animal's diet shall be
prepared based upon the nutritional needs and preferences of the animal with
consideration for the animal's age, species, condition, size, and all
veterinary directions or recommendations in regard to diet.
b. Each animal shall be fed as often as its
needs dictate, taking into consideration behavioral adaptations, veterinary
treatment or recommendations, normal fasts, or other professionally accepted
humane practices.
c. The amount of
available food for each animal shall be monitored at least once daily, except
for those periods of time when species specific fasting protocols dictate that
the animal should not consume any food during the entire day.
d. Food and food receptacles, when used,
shall be sufficient in quantity and accessible to all animals in the facility
and shall be placed to minimize potential contamination and conflict between
animals using the receptacles.
e.
Food receptacles shall be kept clean and sanitary at all times.
f. Any self-feeding food receptacles shall
function properly and the food they provide shall be monitored at least once
daily and shall not be subject to deterioration, contamination, molding,
caking, or any other process that would render the food unsafe or unpalatable
for the animal.
g. An appropriate
means of refrigeration shall be provided for supplies of perishable animal
foods.
5. The facility
shall be kept sanitary and regularly cleaned as the nature of the animal
requires:
a. Adequate provision shall be made
for the removal and disposal of animal waste, food waste, unusable bedding
materials, trash, debris and dead animals not intended for food.
b. The facility shall be maintained to
minimize the potential of parasite, pest, and vermin infestation, disease, and
unseemly odors.
c. Excreta shall be
removed from the primary enclosure facility as often as necessary to prevent
contamination, minimize hazard of disease, and reduce unseemly odors.
d. The sanitary condition of the facility
shall be monitored at least once daily.
e. When the facility is cleaned by hosing,
flushing, or the introduction of any chemical substances, adequate measures
shall be taken to ensure the animal has no direct contact with any chemical
substance and is not directly sprayed with water, steam, or chemical substances
or otherwise wetted involuntarily.
6. A sanitary and humane method shall be
provided to rapidly eliminate excess water from the facility. If drains are
utilized, they shall be:
a. Properly
constructed.
b. Kept in good
condition to avoid foul odors or parasite, pest, or vermin
infestation.
c. Installed in a
manner that prevents the backup or accumulation of debris or sewage.
7. No animal shall be exposed to
any human activity or environment that may have an inhumane or harmful effect
upon the animal or that is inconsistent with the purpose of the special
license.
8. Facilities shall not be
constructed or maintained in proximity to any physical condition which may pose
any health threat or unnecessary stress to the animal.
9. Persons caring for the animals shall
conduct themselves in a manner that prevents the spread of disease, minimizes
stress, and does not threaten the health of the animal.
10. All animals housed in the same facility
or within the same enclosed area shall be compatible and shall not pose a
substantial threat to the health, life or well-being of any other animal in the
same facility or enclosure, whether or not the other animals are held under a
special license. This subsection shall not apply to live animals utilized as
food items in the enclosures.
11.
Facilities for the enclosure of animals shall be constructed and maintained to
provide sufficient space to allow each animal adequate freedom of movement to
make normal postural and social adjustments.
a. The facility area shall be large enough
and constructed in a manner to allow the animal proper and adequate exercise as
is characteristic to each animal's natural behavior and physical
needs.
b. Facilities for digging or
burrowing animals shall have secure safe floors below materials supplied for
digging or burrowing activity.
c.
Animals that naturally climb or perch shall be provided with safe and adequate
climbing or perching apparatus.
d.
Animals that naturally live in an aquatic environment shall be supplied with
sufficient access to safe water so as to meet their aquatic behavioral
needs.
e. The facility and holding
environment shall be structured to reasonably promote the physical and
psychological well-being of any animal held in the facility.
12. A special license holder shall
ensure that a sufficient number of properly trained personnel are utilized to
meet all the humane husbandry practices established under this Section. The
license holder shall be responsible for the actions of all animal care
personnel and all other persons that come in contact with the
animals.
13. The special license
holder shall designate a veterinarian licensed to practice in this state as the
primary treating veterinarian for each species of animal to be held.
a. The license holder shall ensure that all
animals in their care receive proper, adequate, and humane veterinary care as
the needs of each animal dictate.
b. Each animal held for more than one year
shall be inspected by the attending veterinarian at least once every year. The
inspection report shall demonstrate the veterinarian inspected the health of
the animal and the condition of its enclosure.
c. Every animal shall promptly receive
licensed veterinary care whenever it appears that the animal is injured, sick,
wounded, diseased, infected by parasites, or behaving in a substantially
abnormal manner, including but not limited to exhibiting loss of appetite,
abnormal weight loss or lethargy.
d. All medications, treatments and other
directions prescribed by the attending veterinarian shall be properly
administered by the license holder, authorized agent, or volunteer. A license
holder, authorized agent, or volunteer shall not administer prescription
medicine, unless under the direction of a veterinarian.
14. Any animal that is suspected of or
diagnosed as harboring any infectious or transmissible disease, whether or not
the animal is held under a special license, shall be isolated immediately upon
suspicion or diagnosis.
a. The isolated
animal shall continue to be kept in a humane manner as required under this
Section.
b. When there is an animal
with an infectious or transmissible disease in any animal facility, whether or
not the animal is held under a special license, the facility shall be sanitized
so as to reasonably eliminate the chance of other animals being exposed to
infection. Sanitation procedures may include, but are not limited to:
i. Washing facilities or animal-related
materials with appropriate disinfectants, soaps or detergents;
ii. Appropriate application of hot water or
steam under pressure; and
iii.
Replacement of gravel, dirt, sand, water, or food.
vi. All residue of chemical agents utilized
in the sanitation process shall be reasonably eliminated from the facility
before any animal is returned to the facility.
c. Parasites, pests, and vermin shall be
controlled and eliminated so as to ensure the continued health and well-being
of all animals.
D. In addition the standards established
under subsection (C), a person shall ensure all indoor facilities meet the
following minimum standards:
1. Heating and
cooling equipment shall be sufficient to regulate the temperature of the
facility to the optimal temperature zone of the species being held to provide a
healthy, comfortable, and humane living environment.
2. Indoor facilities shall be adequately
ventilated with fresh air to provide for the healthy, comfortable, and humane
keeping of any animal and to minimize drafts, odors, and moisture
condensation.
3. Indoor facilities
shall have lighting of a quality, distribution, and duration as is appropriate
for the biological needs of the animals held and to facilitate the inspection
and maintenance of the facility.
a.
Artificial lighting, when used, shall be utilized in regular cycles as the
animal's needs dictate.
b. Lighting
shall be designed to protect the animals from excessive or otherwise harmful
aspects of illumination.
E. In addition the standards established
under subsection (C), a person shall ensure that all outdoor facilities meet
the following minimum standards:
1.
Sufficient shade to prevent the overheating or discomfort of any animal shall
be provided.
2. Sufficient shelter
appropriate to protect animals from normal climatic conditions throughout the
year.
3. Each animal shall be
acclimated to outdoor climatic conditions before they are housed in any outdoor
facility or otherwise exposed to the extremes of climate.
F. A person who handles an animal shall
ensure the animal is handled in an expeditious and careful manner to ensure no
unnecessary discomfort, behavioral stress, or physical harm to the animal.
1. An
animal shall be transported in a secure, expeditious, careful, temperature
appropriate, and humane manner. An animal shall not be transported in any
manner that poses a substantial threat to the life, health, or behavioral
well-being of the animal.
2. An animal placed on
public exhibit or educational display shall be handled in a manner that
minimizes the risk of harm to members of the public and to the animal, which
includes but is not limited to providing and maintaining a sufficient distance
or barrier between the animal and the viewing public.
3. Any
restraint or equipment used on an animal shall not cause physical harm or
unnecessary discomfort.