Current through Reg. 50, No. 187; September 24, 2024
(1) Performing Animals. No mobile exhibit
shall utilize the performing animal caging dimensions prior to approval by the
Commission. To obtain such approval, the permittee shall provide written
schedules to the Commission of wildlife exercise intervals and scheduled
performances. The exercise intervals shall be of such frequency, intensity and
duration as to provide for the health and welfare of the animal over an
extended period, provided that the animals shall not be caged without exercise
or performances for more than a 72-hour period. Performing and exercise
information shall be verifiable by Commission personnel through inspections.
Performing animals used in mobile exhibits shall not be confined in any cage or
enclosure that is smaller in dimension; or is not equipped as follows:
(a) Class I and Class II Carnivores (i.e.,
lions, tigers, jaguars, leopards, pumas, bears, hyenas, wolves).
For a single animal, a cage which shall permit the animal to
turn or stand on all fours with head clearance, and confined in such a manner
so that no animal can injure another. For Class I animals, cages shall be
constructed of steel, case hardened aluminum, alloy, or strength equivalent
material. If bars are used, bars shall be spaced no more than 2 inches apart.
For Class II animals, cage construction shall not be less than 11 1/2 gauge
chain link or strength equivalent material. Cages of Class I and Class II
animals that the public can access, shall be equipped with a physical barrier,
which is made of a material to prevent the public from coming in contact with
the animals. All cages shall have secure locking devices.
(b) Primates, Class I and Class II. For a
single animal, a cage which shall permit the animal to turn and stand erect
with head clearance, confined in such a manner so that no animal can injure
another. For Class I animals, cages shall be constructed of steel, case
hardened aluminum, alloy or strength equivalent material. If bars are used,
bars shall be spaced no more than 2 inches apart. For Class II animals, cage
construction shall not be less than 11 1/2 gauge chain link or strength
equivalent material. Cages of Class I and Class II animals that the public can
access, shall be equipped with a physical barrier, which is made of a material
to prevent the public from coming in contact with the animals. All cages shall
have secure locking devices.
(c)
Elephants. When not performing or being exercised, elephants shall either be:
1. Securely tethered.
2. Enclosed by an electric fence, under the
supervision of at least one qualified handler in accordance with Rule
68A-6.007, F.A.C., and in an
area not accessible to the public.
(d) Class III Animals. For a single animal, a
cage which shall permit the animal to turn and stand on all fours, or stand
erect, with head clearance, confined in such a manner so that no animal can
injure another.
(e) Time limitation
on smaller travel caging allowed for housing performing animals. For performing
wildlife possessed by traveling zoos and other traveling acts, wildlife shall
be housed in cages or enclosures that meet or exceed the specifications as
provided in this Chapter, whenever such wildlife is housed in such travel cages
or enclosures for more than 90 days. Performing wildlife shall not be kept in
cages or enclosures below the size required by the standard caging requirements
for more than a total of 90 days out of each 120 day period. Such mobile
exhibits shall provide an itinerary of planned exhibition times and locations
with annual renewal applications.
(2) Non-Performing Animals. Non-performing
wildlife in mobile exhibits shall not be confined in any cage or enclosure that
is smaller in dimension or is not equipped as follows:
(a) Class I and Class II Carnivores (i.e.,
lions, tigers, jaguars, leopards, pumas, bears, hyenas, wolves).
For a single animal, the cage length shall be double the body
length (excluding tail), with a width that is equal to the body length, and a
height that permits the animal to stand on all fours with head clearance. For
two or more animals kept together, add one-third more cage length for each
additional animal. For Class I animals, cages shall be constructed of steel,
case hardened aluminum, alloy or strength equivalent material. If bars are
used, bars shall be spaced no more than 2 inches apart. For Class II animals,
cage construction shall not be less than 11 1/2 gauge chain link or strength
equivalent material. Cages of Class I and Class II animals that the public can
access, shall be equipped with a physical barrier, which is made of a material
to prevent the public from coming in contact with the animals. All cages shall
have secure locking devices.
(b) Primates. All cages shall be well
ventilated and shall have secure locking devices. Each cage shall have an
overhead pull bar and a seat. For two or more animals kept together, add
one-third more cage length for each additional animal. For Class I animals,
cages shall be constructed of steel, case hardened aluminum, alloy or strength
equivalent material. If bars are used, bars shall be spaced no more than 2
inches apart. For Class II animals, cage construction shall not be less than 11
1/2 gauge chain link or strength equivalent material. Cages of Class I and
Class II animals that the public can access, shall be equipped with a physical
barrier, which is made of a material to prevent the public from coming in
contact with the animals.
1. Gorillas. For a
single animal, a cage 8 feet by 8 feet, with a height at least 2 feet over the
standing height of the animal.
2.
Orangutan. For a single animal, a cage 7 feet by 7 feet, with a height at least
two feet over standing height of the animal.
3. Adult chimpanzee. For a single animal, a
cage 6 1/2 feet by 6 1/2 feet, with a height at least two feet over standing
height of the animal.
4.
Chimpanzees up to 50 pounds and macaques. For a single animal, a cage 5 feet by
5 feet, with a height at least two feet over standing height of the
animal.
(c) Elephants.
For one animal in a non-performing capacity, a paddock that is double the body
length in length and equal to the body length in width. For two or more animals
kept together, increase square footage by one third for each additional animal.
Other than for exercise periods, elephants not kept in a paddock shall either
be:
1. Securely tethered.
2. Enclosed by an electric fence under the
direct, on-site supervision of a least one qualified handler in accordance with
Rule 68A-6.007, F.A.C., and in an
area not accessible to the public.
(d) Class III animals (except reptiles). For
a single animal, the cage length shall be double the body length (excluding
tail), with a width that is equal to the body length, and a height that will
permit the animal to stand on all fours, or stand erect, with head clearance.
For two or more animals kept together, add one third more cage length for each
additional animal.
(e) Time
limitation on smaller travel caging allowed for housing non-performing animals.
For non-performing wildlife possessed by traveling zoos and other traveling
acts, wildlife shall be housed in standard cage specifications as provided in
this chapter, whenever such wildlife is present in such travel cages or
enclosures for more than 45 days. Non-performing wildlife shall not be kept in
cages or enclosures below the size required by the standard caging requirements
for more than a total of 45 days out of each 90 day period. Such mobile
exhibits shall provide an itinerary of planned exhibition times and locations
with annual renewal applications.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
Implemented Art. IV, Sec. 9, Fla.
Const.
New 9-30-19.
