Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 169 - ZOONOSIS CONTROL
Subchapter G - CAGING REQUIREMENTS AND STANDARDS FOR DANGEROUS WILD ANIMALS
Section 169.131 - Caging Requirements and Standards for Dangerous Wild Animals
Universal Citation: 25 TX Admin Code ยง 169.131
Current through Reg. 49, No. 38; September 20, 2024
(a) Definitions.
(1) Key components of facilities for
confining dangerous wild animals and restricting public contact with the
animals are the primary enclosure and the perimeter fence.
(A) Primary enclosure--Any structure used to
immediately restrict an animal(s) to a limited amount of space, including a
cage, pen, run, room, compartment, or hutch.
(B) Perimeter fence--A barrier surrounding
the area containing the primary enclosure(s) that restricts public access to
the area.
(2) Where
specified in this section, primary enclosures for dangerous wild animals shall
be equipped to provide for a safe, healthy, and humane environment for the
animals; prevent escape by the animals; and protect and enhance the public's
health and safety. Such equipment includes, but is not limited to:
(A) Safety entrance--A protected, secure area
that can be entered by a keeper that prevents animal escape and safeguards the
keeper, or a device that can be activated by a keeper that prevents animal
escape and safeguards entry.
(B)
Shelter (including such structures as nest boxes or dens)--An enclosed
structure that provides protection from the elements and from extremes in
temperature that are detrimental to the health and welfare of the animal(s).
Such a structure may vary in size depending on the security and biological
needs of the species; it shall be large enough to accommodate all theanimals in
the enclosure simultaneously. Such a structure shall be within, attached to, or
adjacent to the primary enclosure and be readily accessible to the animal(s).
(C) Elevated platform or perching
area--A surface or structure, either natural or manmade, positioned above the
floor or above the grade level of the primary enclosure that will provide a
resting area for the animal(s).
(D)
Gnawing and chewing items--Natural or artificial materials that provide for the
health of teeth, so as to keep teeth sharp, remove tartar, and promote general
oral hygiene. Gnawing items include, but are not limited to, logs and trees.
Chewing items include, but are not limited to, woody stems, knuckle bones, and
rawhide objects. Suitability is dependent upon species of animal.
(b) General Requirements.
(1) Primary enclosures for
housing dangerous wild animals shall be sufficiently strong to prevent escape
and to protect the animal(s) from injury and shall be equipped with perimeter
fences to prevent any public contact with the animal(s). Perimeter fences may
be constructed from materials such as fencing, landscaping, or close-mesh wire,
provided that materials used are safe and effective in preventing public
contact.
(2) All primary enclosures
less than or equal to 1,000 square feet shall be covered at the top to prevent
escape.
(3) A perimeter fence,
sufficient to deter entry by the public, shall be a minimum of 8 feet in height
and shall completely surround the premises where the animal(s) is housed or
exercised outdoors. Perimeter fences constructed of materials, such as chain
link or welded wire, that allow objects to be passed through them shall be at
least 3 feet from the primary enclosure or appropriately enclosed exercise
area.
(c) Structural Requirements for Primary Enclosures. In addition to the size and equipment requirements for primary enclosures, dangerous wild animals shall be caged in accordance with the following requirements.
(1) All primary enclosures shall be equipped
with a safety entrance. Such entrances shall include a double-door mechanism,
interconnecting cages, a lock-down area, or other comparable devices that will
prevent escape and safeguard the keeper. Safety entrances shall be constructed
of materials that are of equivalent strength or greater than that prescribed
for cage construction for that particular species. The area occupied by the
safety entrance shall be in addition to the space requirements for the primary
enclosure.
(2) All primary
enclosures constructed of chain link or other approved materials shall be well
braced and securely anchored at or below ground level to prevent escape by
digging or erosion. Metal clamps, ties, or braces used in the construction of
enclosures shall be of strength equivalent to or greater than the material
required for primary enclosure construction for the particular
species.
(3) Additional minimum
requirements for specific species and hybrids of those species shall be as
follows.
(A) Chimpanzees, gorillas, and
orangutans.
(i) Outdoor
facilities--Construction material shall consist of steel bars, 2-inch
galvanized pipe, masonry block, or their strength equivalent or greater.
Shotcrete walls can also be utilized; if used in uncovered enclosures, it must
be applied appropriately to avoid formation of any holds that could be used for
climbing.
(ii) Indoor
facilities--Potential escape routes shall be equipped, at minimum, with steel
bars, 2-inch galvanized pipe, or equivalent.
(B) Baboons, jaguars, tigers, lions,
leopards, cougars, cheetahs, bears, and hyenas.
(i) Outdoor facilities--Construction material
shall consist of not less than 9-gauge chain link or equivalent. Shotcrete
walls can also be utilized; if used in uncovered enclosures, it must be applied
appropriately to avoid formation of any holds that could be used for
climbing.
(ii) Indoor
facilities--Potential escape routes shall be equipped with wire or grating of
not less than 9-gauge or equivalent.
(C) Ocelots, servals, lynxes, bobcats,
caracals, coyotes, and jackals.
(i) Outdoor
facilities--Construction material shall consist of not less than 12-gauge chain
link or equivalent. Shotcrete walls can also be utilized; if used in uncovered
enclosures, it must be applied appropriately to avoid formation of any holds
that could be used for climbing.
(ii) Indoor facilities--Potential escape
routes shall be equipped with wire or grating not less than 12-gauge or
equivalent.
(d) Primary Enclosure Size and Equipment Requirements. No dangerous wild animal shall be confined in any primary enclosure that contains more individual animals than specified in this section, is smaller in dimension than specified in this section, or is not equipped as specified in this section. The area occupied by pools, ponds, or lakes shall be in addition to the space requirements for the primary enclosure. Specifications in this section also pertain to hybrids of designated species.
(1) Primates.
(A) In addition to species-related
requirements of this section, each primary enclosure shall have accessible
devices to provide physical stimulation or manipulation compatible with the
species. Each device shall be noninjurious and may include, but is not limited
to, boxes, balls, mirrors, foraging items, or pools. The area occupied by pools
shall be in addition to the space requirements for the primary
enclosure.
(B) Each primary
enclosure shall have perching area(s) and shelter(s) that will accommodate all
animals in the enclosure simultaneously.
(C) Each primary enclosure shall have
horizontal and vertical climbing structures appropriate for the
species.
(D) Primates shall not be
kept in uncovered enclosures. However, for enclosures over 1,000 square feet in
which a cover is not feasible, humane alternative measures shall be taken to
prevent escape; these measures shall not compromise the health and safety of
the public or the health, safety, and overall welfare of the animal(s). Such
measures may include, but are not limited to, increased fence heights;
electrified wires on fences; fence placement distant from trees or other
structures that an animal(s) can climb; and/or water moats surrounding the
enclosure. The owner shall seek and provide proof of consultation with a
zoological organization or association to confirm that the escape-prevention
measure(s) implemented are appropriate and effective for the enclosed
primate(s).
(E) Requirements for
specific primate species are as follows:
(i)
Baboons. For one animal, the primary enclosure shall have a minimum floor area
of 100 square feet with a wall or fence at least 10 feet high. For each
additional animal, primary enclosure size shall be increased by at least 100
square feet.
(ii) Chimpanzees,
orangutans, and gorillas. For one animal, the primary enclosure shall have a
minimum floor area of 400 square feet with a wall or fence at least 10 feet
high. For each additional animal, primary enclosure size shall be increased by
at least 350 square feet.
(2) Wild felines.
(A) In addition to requirements of this
section, each primary enclosure shall be equipped with a shelter(s) large
enough to accommodate all the animals in the enclosure
simultaneously.
(B) Each primary
enclosure shall have accessible devices to provide physical stimulation or
manipulation compatible with the species. Each device shall be noninjurious and
may include, but is not limited to, boxes, balls, bones, barrels, drums,
rawhide materials, or pools. The area occupied by a pool shall be in addition
to the space requirements for the primary enclosure.
(C) Each primary enclosure shall have an
elevated platform(s) large enough to accommodate all animals in the enclosure
simultaneously.
(D) Each primary
enclosure shall have at least one claw log.
(E) Requirements for specific species of wild
felines are as follows:
(i) Lions and tigers.
(I) For one animal, the primary enclosure
shall have a minimum floor area of 300 square feet with a wall or fence at
least 8 feet high. For each additional animal, primary enclosure size shall be
increased by at least 150 square feet.
(II) Primary enclosures over 1,000 square
feet (if uncovered) shall have vertical jump walls at least 12 feet high with
an attached 45-degree inward-angle overhang at least 3 feet wide or jump walls
at least 16 feet high without an overhang. The inward-angle fencing shall be
made of the same material as the vertical fencing.
(ii) Cheetahs.
(I) For one animal, the primary enclosure
shall have a minimum floor area of 300 square feet with a wall or fence at
least 8 feet high. For each additional animal, primary enclosure size shall be
increased by at least 150 square feet.
(II) Primary enclosures over 1,000 square
feet (if uncovered) shall have vertical jump walls at least 10 feet high with
an attached 45-degree inward-angle overhang at least 2 feet wide or 12 feet
high without an overhang. The inward-angle fencing shall be made of the same
material as the vertical fencing.
(iii) Jaguars, leopards, and cougars.
(I) For one animal, the primary enclosure
shall have a minimum floor area of 300 square feet with a wall or fence at
least 12 feet high. For each additional animal, primary enclosure size shall be
increased by at least 100 square feet.
(II) Jaguars, leopards, and cougars shall not
be kept in uncovered enclosures.
(iv) Bobcats, lynxes, ocelots, caracals, and
servals.
(I) For one animal, the primary
enclosure shall have a minimum floor area of 100 square feet with a wall or
fence at least 8 feet high. For each additional animal, primary enclosure size
shall be increased by at least 50 square feet.
(II) Bobcats, lynxes, ocelots, caracals, and
servals shall not be kept in uncovered enclosures. However, for enclosures over
1,000 square feet in which a cover is not feasible, humane alternative measures
shall be taken to prevent escape; these measures shall not compromise the
health and safety of the public or the health, safety, and overall welfare of
the animal(s). Such measures may include, but are not limited to, increased
fence heights; electrified wires on fences; overhangs on fences; predator
guards on trees; and/or fence placement distant from trees or other structures
that an animal(s) can climb. The owner shall seek and provide proof of
consultation with a zoological organization or association to confirm that the
escape-prevention measure(s) implemented are appropriate and effective for the
enclosed feline(s).
(3) Bears.
(A) In addition to the requirements of this
section, each primary enclosure shall be equipped with a shelter(s) that shall
accommodate all animals in the enclosure simultaneously.
(B) Each primary enclosure shall have
accessible devices to provide physical stimulation or manipulation compatible
with the species. Each device shall be noninjurious and may include, but is not
limited to, boxes, balls, bones, barrels, drums, climbing apparatus, or
foraging items.
(C) Each primary
enclosure shall have an elevated platform(s) for resting that will accommodate
all animals in the enclosure simultaneously.
(D) Bears should be kept in covered
enclosures or enclosures with an attached 45-degree inward-angle overhang at
least 3 feet wide.
(E) Requirements
for specific types of bears are as follows:
(i) Sun bears.
(I) For one animal, the primary enclosure
shall have a minimum floor area of 300 square feet with a wall or fence at
least 8 feet high if covered or at least 12 feet high if uncovered. For each
additional animal, primary enclosure size shall be increased by at least 150
square feet.
(II) Each primary
enclosure shall have, as a minimum, a 3-foot by 4-foot pool of water, 2 feet
deep. The area occupied by the pool shall be in addition to the space
requirements for the primary enclosure.
(ii) Black bears and Asiatic bears.
(I) For one animal, the primary enclosure
shall have a minimum floor area of 400 square feet with a wall or fence at
least 8 feet high if covered or at least 12 feet high if uncovered. For each
additional animal, primary enclosure size shall be increased by at least 175
square feet.
(II) Each primary
enclosure shall have, as a minimum, a 4-foot by 6-foot pool of water, 3 feet
deep. The area occupied by the pool shall be in addition to the space
requirements for the primary enclosure.
(iii) Brown bears and polar bears.
(I) For one animal, the primary enclosure
shall have a minimum floor area of 500 square feet with a wall or fence at
least 10 feet high if covered or at least 12 feet high if uncovered. For each
additional animal, primary enclosure size shall be increased by at least 200
square feet.
(II) Each primary
enclosure for brown bears shall have, as a minimum, a 6-foot by 10-foot pool of
water, 4 feet deep. The area occupied by the pool shall be in addition to the
space requirements for the primary enclosure.
(III) Each primary enclosure for polar bears
shall have, as a minimum, a 10-foot by 10-foot pool of water, 5 feet deep. The
area occupied by the pool shall be in addition to the space requirements for
the primary enclosure.
(4) Coyotes, jackals, and hyenas.
(A) In addition to the requirements of this
section, each primary enclosure shall be equipped with a shelter(s) that shall
accommodate all the animals in the enclosure simultaneously.
(B) Each primary enclosure shall have
accessible devices to provide physical stimulation or manipulation compatible
with the species. Each device shall be noninjurious and may include, but is not
limited to, boxes, balls, bones, barrels, drums, rawhide materials, or pools.
The area occupied by a pool shall be in addition to the space requirements for
the primary enclosure.
(C) For one
animal, the primary enclosure shall have a minimum floor area of 150 square
feet (200 square feet for hyenas) with a wall or fence at least 6 feet high.
For each additional animal, primary enclosure size shall be increased by at
least 100 square feet.
(D) Each
primary enclosure shall have an elevated platform(s) large enough to
accommodate all animals in the enclosure simultaneously.
(E) Uncovered primary enclosures shall have
vertical jump walls at least 8 feet high with an attached 45-degree
inward-angle overhang at least 2 feet wide or jump walls at least 10 feet high
without an overhang. The inward-angle fencing shall be made of the same
material as the vertical fencing.
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