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Captive Wildlife Regulations, 2021, W-13.12 Reg 5

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Captive Wildlife Regulations, 2021, W-13.12 Reg 5 1 CAPTIVE WILDLIFE, 2021 W-13.12 REG 5 The Captive Wildlife Regulations, 2021 being Chapter W-13.12 Reg 5 (effective June 1, 2021). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 W-13.12 REG 5 CAPTIVE WILDLIFE, 2021 Table of Contents PART 1 PART 5 Preliminary Matters Zoo Licences and Travelling Zoo Licences 1 Title 38 Definition for Part 2 Definitions and interpretation 39 CAZA standards 3 Application 40 Requirements – zoo licence or travelling zoo licence PART 2 41 Breeding and release Designations, Prohibitions and Licences PART 6 4 Captive wildlife – designations Wildlife Rehabilitation Licences 5 Prohibition – holding unlisted species in captivity 42 Definitions for Part 6 Prohibition – holding restricted species in captivity 43 Standards for wildlife rehabilitation 7 Captive wildlife licences 44 No property acquired in wildlife held for 8 Licence not required rehabilitation 9 Application for captive wildlife licence 45 Requirements – wildlife rehabilitation licence 10 Renewal 46 Restrictions – wildlife not to be rehabilitated 11 Issuance or renewal of licence on terms and conditions 47 Wildlife rehabilitation practices 12 Licence or renewal term PART 7 Scientific Research Licences 13 Amendment, suspension, cancellation and non-renewal of licence 48 Definitions for Part 14 Minister’s decision final 49 Captive wildlife licence – scientific research PART 3 PART 8 General Provisions Captive Upland Game Bird Licences 15 Municipal approval 50 Definitions for Part 16 Liability and insurance 51 Captive wildlife licence – upland game birds 17 Records and inspection 52 Enclosures for upland game birds 18 Release from captivity PART 9 19 Importing and exporting captive wildlife Transitional Provisions 20 Shipping or transporting captive wildlife 53 Transitional – licences issued pursuant to The Captive Wildlife Regulations 21 Quarantine 54 Transitional – unlisted species 22 Diseased wildlife 55 Transitional – restricted species 23 Enclosures generally 56 Failure to notify the ministry 24 Dangerous wildlife 57 Transitional – temporary captive wildlife 25 Maintenance of captive wildlife licence ‑ seized wildlife 26 Destruction of wildlife 58 Requirement to comply 27 Disposing of unlisted species or restricted species PART 10 28 Taxonomic identification of captive wildlife – Repeal onus on holder 59 RRS c W‑13.1 Reg 13 repealed 29 Fees PART 11 PART 4 Coming into Force Falconry Licences 60 Coming into force 30 Definitions for Part 31 Requirements – falconry licence APPENDIX Table 1 Allowed List 32 Banding and reporting requirements for falconry Table 2 Restricted List 33 Enclosures for raptors Table 3 Captive Wildlife Licence Fees 34 Import and export – raptors held under a falconry licence 35 Capturing wild raptors 36 Bird abatement requirements 37 Requirements for breeding raptors 3 CAPTIVE WILDLIFE, 2021 W-13.12 REG 5 CHAPTER W‑13.12 REG 5 The Wildlife Act, 1998 PART 1 Preliminary Matters Title 1 These regulations may be cited as The Captive Wildlife Regulations, 2021. Definitions and interpretation 2(1) In these regulations: “Act” means The Wildlife Act, 1998; “adult”, with respect to wildlife, means wildlife 1 year of age or older; “allowed list” means the list of allowed species of wildlife set out in Table 1 of the Appendix; “allowed species” means a species of wildlife that is listed in Table 1 of the Appendix or designated pursuant to section 4; “band” means a leg marker issued or approved by the minister bearing identifying marks specific to that band; “captive upland game bird licence” means a captive wildlife licence issued for the purpose of raising, releasing or selling upland game birds; “captive wildlife” means wildlife that is held in captivity; “captive wildlife licence” means a licence to hold wildlife in captivity issued, renewed or continued pursuant to these regulations and includes the following: (a) a captive wildlife licence issued pursuant to section 9 or renewed pursuant to section 10; (b) a temporary captive wildlife licence issued pursuant to section 57; “dangerous wildlife” means a restricted species of wildlife that poses a risk to public health or public safety if held in captivity; “enclosure” means a place: (a) where captive wildlife is confined; and (b) that is constructed so that the confined captive wildlife has no means of escape; and includes pens and cages, fences, shelters and buildings; “falconry” means the use or training of a raptor for the sport of hunting and may include one or more of the following activities: (a) bird abatement; (b) breeding of raptors for falconry purposes; 4 W-13.12 REG 5 CAPTIVE WILDLIFE, 2021 “falconry licence” means a captive wildlife licence for falconry purposes; “ministry” means the ministry over which the minister presides; “raptor” means a bird of prey, whether taken from the wild or hatched and raised in captivity, and includes the birds of all species of the following families: (a) Accipitridae, including Accipitrinae, the Bird Hawks; (b) Buteoninae, the Broad‑winged Hawks and Eagles; (c) Circinae, the Harriers; (d) Falconidae, the Falcons; (e) Pandionidae, the Osprey; (f) Strigidae and Tytonidae, the owls; “restricted list” means the list of restricted species set out in Table 2 of the Appendix; “restricted species” means a species of wildlife: (a) that is listed in Table 2 of the Appendix or designated pursuant to section 4; and (b) that may be held in captivity only: (i) with a licence issued pursuant to the Act or these regulations; or (ii) pursuant to a determination by the minister made in accordance with section 55; “scientific research licence” means a captive wildlife licence for the purpose of conducting scientific research; “shelter” means a building, den, denning box or house that: (a) protects wildlife from weather; and (b) is constructed so that it is waterproof and windproof on at least 3 sides and the roof; “travelling zoo” means a business or organization that temporarily imports and exports wildlife to further conservation, scientific research and public education; “travelling zoo licence” means a captive wildlife licence issued for the purpose of operating a travelling zoo; “unlisted species” means a species of wildlife that is not listed as an allowed species or a restricted species; “veterinarian” means: (a) a registered member of the Saskatchewan Veterinary Medical Association who is in good standing and who is licensed to practise veterinary medicine in Saskatchewan; 5 CAPTIVE WILDLIFE, 2021 W-13.12 REG 5 (b) a person who satisfies the minister that the person is a veterinarian who is in good standing and licensed to practice veterinary medicine in another jurisdiction; “wildlife rehabilitation” means the treatment and care of sick, injured or abandoned native wildlife that are: (a) temporarily held in captivity; and (b) to be released after the period of rehabilitation; “wildlife rehabilitation facility” means a location where wildlife is held for the purpose of wildlife rehabilitation; “wildlife rehabilitation licence” means a captive wildlife licence for the purpose of wildlife rehabilitation; “zoo” means a permanent location where captive wildlife is held primarily to further the purposes of conservation, scientific research and public education; “zoo licence” means a captive wildlife licence issued for the purpose of operating a zoo. (2) For the purposes of the definition of “wildlife” in section 2 of the Act, “vertebrate animal” includes any hybrid animal that has an ancestor, within and including 4 generations, that was an individual of a species that is wild by nature. 4 Jne 2021 c W-13.12 Reg 5 s2. Application 3 The exclusions set out in section 3 of The Wildlife Regulations, 1981 apply to these regulations with any necessary modification. 4 Jne 2021 c W-13.12 Reg 5 s3. PART 2 Designations, Prohibitions and Licences Captive wildlife – designations 4(1) After taking into consideration the factors set out in subsection (2), the minister may designate any species of wildlife as a restricted species or an allowed species for the purposes of these regulations if the minister is satisfied on reasonable, scientific grounds that it is appropriate to list the wildlife as a restricted species or an allowed species. (2) In making a decision to designate wildlife as a restricted species or an allowed species or any other decision respecting the holding of wildlife in captivity, the minister may consider any or all of the following factors: (a) whether holding the wildlife in captivity poses a risk to public health or public safety; (b) whether holding the wildlife in captivity requires special care and management; (c) whether there is a significant risk that the wildlife being held in captivity could establish in the wild in Saskatchewan; 6 W-13.12 REG 5 CAPTIVE WILDLIFE, 2021 (d) whether the conservation status of the wildlife species is a concern; (e) whether the history of the wildlife species being held in captivity is short; (f) whether holding the wildlife species in captivity poses disease risk to domestic animals or native wildlife; (g) whether the wildlife species is well established in the pet industry; (h) whether there is sufficient information to evaluate the wildlife species; (i) whether the wildlife is native to Saskatchewan; (j) any other criteria the minister considers appropriate to further the purposes of the Act and these regulations. (3) If the minister designates any wildlife as a restricted species or an allowed species pursuant to subsection (1), the minister shall cause the designation to be: (a) published in the Gazette; and (b) made known to the public in any manner the minister considers appropriate, including by publishing it on the ministry’s website. 4 Jne 2021 c W-13.12 Reg 5 s4.
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