Link to administrative provisions - 220-2-.26. Restrictions On Possession, Sale, Importation And/Or Release Of Certain Animals And Fish
§ 9-11-320. Definitions.
For the purpose of this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) Wildlife. Any wild mammal, wild bird, reptile or amphibian; and
(2) Person. Such term includes an individual, firm, corporation, association or partnership.
CREDIT(S)
(Acts 1971, No. 2246, p. 3602, § 1.)
§ 9-11-321. Possession of wildlife in captivity for public exhibition purposes.
No person shall possess any wildlife in captivity for public exhibition purposes, except as provided in this article or any rule or regulation promulgated by the commissioner.
CREDIT(S)
(Acts 1971, No. 2246, p. 3602, § 2.)
§ 9-11-322. Appointment of committee to study and recommend standards for care and treatment of captive wildlife.
The Commissioner of Conservation and Natural Resources shall appoint a committee, not to exceed five in number, of recognized experts in the exhibition, conservation, preservation and humane care of public wildlife to study and recommend to him reasonable standards for the care and treatment of captive wildlife for public display purposes, including standards of sanitation.
CREDIT(S)
(Acts 1971, No. 2246, p. 3602, § 2.)
§ 9-11-323. Promulgation of regulations prescribing standards for care and treatment of captive wildlife.
The Commissioner of Conservation and Natural Resources shall give due consideration to the recommendations of the committee appointed under Section 9-11-322 and shall issue regulations prescribing reasonable standards for the care and treatment of captive wildlife for public display purposes, including standards of sanitation.
CREDIT(S)
(Acts 1971, No. 2246, p. 3602, § 3.)
§ 9-11-324. Permits to possess wildlife for public exhibition purposes; contents of applications for permits.
(a) The Commissioner of Conservation and Natural Resources, upon application of any person qualified by education or experience in the care and treatment of wildlife, may issue an annual permit to such person at a cost of $25.00, under such terms and conditions as he prescribes, to possess wildlife for public exhibition purposes in accordance with this article and regulations adopted pursuant thereto.
(b) Each application for a permit shall include:
(1) A statement regarding such person's education or experience in the care and treatment of wildlife and that of any individual employed by such person for such purpose;
(2) A description of the facilities used to keep the wildlife in captivity;
(3) A statement of the number of species or subspecies of wildlife to be covered by the permit and a statement relative to where or from whom such wildlife was acquired;
(4) A signed agreement that recommended standards for wildlife exhibitors as promulgated by the Commissioner of Conservation and Natural Resources will be adopted and adhered to; and
(5) Such other information as the Commissioner of Conservation and Natural Resources deems appropriate.
CREDIT(S)
(Acts 1971, No. 2246, p. 3602, § 4.)
§ 9-11-325. Condition in permits to allow inspections; notice of and abatement of violations.
Each permit issued under this article shall include a condition authorizing anyone designated by the Commissioner of Conservation and Natural Resources to enforce this article to enter upon and inspect the facilities where the wildlife covered by such permit is held in captivity. If the Commissioner of Conservation and Natural Resources or his designee uncovers a violation, the Commissioner of Conservation and Natural Resources shall give reasonable time and adequate notice, as he so determines, to the permittee to allow him to abate the violation. If, upon the expiration of such time, the violation has not been abated, the Commissioner of Conservation and Natural Resources may cause an action to be brought in the appropriate court to abate such violation.
CREDIT(S)
(Acts 1971, No. 2246, p. 3602, § 5.)
§ 9-11-326. Enforcement of article, standards and provisions of permits.
Anyone authorized by the Commissioner of Conservation and Natural Resources to enforce this article may, with or without a warrant, arrest any person who violates such provisions or standards in his presence or view and may execute any warrant or other process issued by any officer or court of competent jurisdiction and may, with a search warrant or as incident to a lawful arrest, search for and seize any wildlife possessed in violation of this article or the standards issued thereunder or the provisions of any permit.
CREDIT(S)
(Acts 1971, No. 2246, p. 3602, § 6.)
§ 9-11-327. Penalties for violations of article, standards or provisions of permits.
Anyone who knowingly violates any provision of this article or the standards adopted thereunder or the provisions of any permit shall, upon conviction, be fined not more than $500.00 or imprisoned for not more than three months, or both.
CREDIT(S)
(Acts 1971, No. 2246, p. 3602, § 6.)
§ 9-11-328. Applicability of article; importation of Cervidae species.
(Final placement and text of 2019 legislation is subject to editorial action of the Code Commissioner)
(a) Except as provided in subsection (b), this article shall not apply to a municipal, county, state, or other publicly owned zoo or wildlife exhibit, or a privately owned traveling zoo, circus, or pet shop.
(b) A municipal, county, state, or other publicly owned zoo or wildlife exhibit, or a privately owned traveling zoo, circus, or pet shop shall not import or cause to be imported into the state any species of the family Cervidae.
Credits
(Acts 1971, No. 2246, p. 3602, § 7; Act 2019-371, § 1.).