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Captive Wild Animal Amendment No 1 of 2016

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Captive Wild Animal Amendment No 1 of 2016 STATE OF MICHI GAN DEPARTMENT OF NATURAL RESOURCES LANSING RICK SNYDER DR. WILLIAM E. MORITZ DIRECTOR GOVERNOR SUBMITTED: December 14, 2015 RESUBMITTED: January 19, 2016 MEMORANDUM TO THE DIRECTOR Subject: Definitions, Exemptions, and Enclosure Requirements Captive Wild Animal Amendment No. 1 of2016 Authority: The Natural Resources and Environmental Protection Act, 1994 PA 451, authorizes the Director to issue orders to regulate the possession of game and protected animals. Discussion and Background: The Captive Wild Animal Order was last updated in 2001. Since that time, there have been changes in Michigan related to the designation of game species, exotic pet trends, animal housing recommendations, institutional recognitions, and administrative practices. The purpose of this order is to establish and revise certain rules on permits, exemptions, and enclosures required of individuals who hold game animals in captivity. In particular, the Department recommends updating and adding definitions related to this order, updating enclosure requirements, specifying exemption criteria, and clarifying language and formatting. Definitions: To provide more clarity to current and potential permit holders, the Department recommends updating the definitions to define commonly used terms and to align with state legislation, including "exhibitor," "waterfowl," and "veterinarian." In addition, the Department recommends clarifying which game species may be permitted by this order. For example, there are several species of fox in North America but only Urocyon cinereoargenteus and Vulpes vulpes, the gray fox and red fox (which includes all color phases such as silver), can be found in the wild in Michigan and are regulated under this order. The authority to regulate non-native species that come into Michigan, such as Vulpes velox, the swift fox, belongs to the Michigan Department of Agriculture and Rural Development (MDARD). Cage Requirements: Information from respected experts was used to review and improve cage standards which have not been evaluated for over 10 years. The Department reviewed the Wisconsin Department of Natural Resources general pen and shelter requirements. In addition, the Department referred to the Minimum Standards for Wildlife Rehabilitation, Third Edition, published by the International Wildlife Rehabilitation Council and the National Wildlife Rehabilitators Association regarding special considerations for mammals. CONSTITUTION HALL• 525 WEST ALLEGAN STREET• P.O. BOX 30028 •LANSING, MICHIGAN 48909-7528 www.michigan.gov/dnr • (517) 284-MDNR(6367) Definitions, Exemptions, and Enclosure Requirements Captive Wild Animal Order Amendment No. 1of2016 Page2 January 19, 2016 The Department found that the existing standards for cage size requirements in the order are similar to other organizational standards. Exemptions: Currently, state-licensed falconers and state-registered cervidae facility owners are not required to obtain a permit under this order. The Department recommends that exhibitors licensed as Class A, Class B, or Class C by the United States Department of Agriculture's Animal and Plant Health Inspection Service (USDA APHIS) be exempted from the permit. The exhibitor license criteria includes pen and cage standards and onsite inspections along with regular reporting of the number and types of animals held in captivity. Organizations that meet the above requirements have already completed an inspection process, received a license from an agency, and met adequate animal husbandry conditions. In addition, the Department may obtain game­ species related information if necessary from the USDA APHIS. The possession of black bear (Ursus americanus) is regulated by the Large Carnivore Act or under an exhibitor's license. Current permittees in possession of a black bear under this order may continue to possess the bear for the life of that animal pursuant to the provisions of this order. In addition, a black bear may not be bred or transferred unless the animal is transferred to an entity exempt from the provisions of this order. No new permits for the possession of black bear shall be issued under the authority of this order. Permit amendments to add black bear to the list of animals possessed by the permittee shall not be issued either. Clarification and Formatting: The state authority to regulate the possession of game animals lawfully possessed in captivity is under 1994 PA 451, Part 427, and refers specifically to lawful possession of game animals. Accordingly, the Department recommends renaming this order the "Captive Game Order." By making this distinction in the title, the Department hopes to limit confusion among citizens by making it clearer that this order applies to certain Michigan game species and that the authority to regulate non-native species that come into Michigan belongs to MDARD. In addition, the possession of wildlife that is not game, such as raptors or swans, is regulated under other authorities and within other lawful documents. Other States: The Department researched captive wild animal regulations in other states and noted that Wisconsin, Minnesota, and Ohio all regulate the possession of captive wildlife as well. Pros: The Department expects that defining terms and clarifying that only certain games species are regulated under this permit will reduce confusion. Definitions, Exemptions, and Enclosure Requirements Captive Wild Animal Order Amendment No. 1 of2016 Page 3 January 19, 2016 By exempting facilities licensed as exhibitors by the USDA APHIS, the Department expects to reduce staff time processing applications and maintaining records for organizations that are already similarly regulated by credible agencies or associations. In addition, the administrators for these facilities will not be required to maintain paperwork for redundant regulatory bodies. Cons: The Department does not anticipate any negative impact to defining terms or reformatting certain sections alphabetically. By exempting exhibitors, some people may feel that the Department has given up regulatory control. By clarifying the authority as only applicable to game species, the Department will likely need to increase communication regarding how other wildlife are regulated. Biological: Because this permit only applies to game lawfully possessed in captivity, no biological impact is expected. The Department considers it important to regulate standards of care for game species possessed in captivity. Captive game animals could breed with wild animals if released from captivity. They could transmit diseases if coming into contact with wild species upon escape or if released. Social: According to Natural Resources Commission (NRC) Policy No. 4102, there is a need to "determine the proper possession and disposition of live game or protected animals to ensure animal welfare and human health and safety." This order only applies to Michigan game species that are lawfully kept in captivity. In order to ensure animal welfare and human health and safety, the Department regulates the possession of game animals and sets standards for their care. Economic: As required by MCL 324.42704, the Department charges a permit fee of $45 every three years to hold game in captivity. In addition, for each 500 game birds possessed, the fee increases by $15. These fees are comparable to Wisconsin, Minnesota, and Ohio which range from $10 to $200 depending on what animals are possessed. Definitions, Exemptions, and Enclosure Requirements Captive Wild Animal Order Amendment No. 1 of2016 Page4 January 19, 2016 Recommendation: This order was submitted for information on January 14, 2016, at the Natural Resources Commission Meeting. This item appeared on the Department's December 2015 calendar and may be eligible for approval on February 11, 2016. dH~ L~~ Russ Mason, Ph.D., Chief Gary Hagler, Chief ;. Wildlife Division Law Enforcement Division <gJ1A,~l /~ Deb Be~4 1 ~ i g Chief Ronald A. Olson, Chief Fore Resource ivision Parks and Recreation Division es Dexter, C 1ef Bill O'Neill Fisheries Division Natural Resources Deputy CAPTIVE GAME ORDER Amendment No. 1 of 2016 By authority conferred on the Director of the Department of Natural Resources by sections 42710of1994 PA 451 , MCL 324.42710, it is ordered that effective February 12, 2016, the following section(s) of the Captive Game Order shall read as follows: 20.1 Short title. Sec. 20.1. This order shall be known and may be cited as "the captive game order." 20.2 Meanings of words and phrases. Sec. 20.2. Definitions in part 427, breeders and dealers, of the natural resources and environmental protection act, 1994 PA 451, being MCL 324.42701 to 324.42714 shall have the same meanings in this order. Additional definitions for terms used in this order are as defined in this section. (1) "Exhibitor" means a dealer, broker, operator, or exhibitor licensed as class A, class B, or class C by the United States department of agriculture's animal and plant health inspection service under the authority of the animal welfare act, U.S. Code, 7 U.S.C. Sections 2131to2159. (2) "Game" shall have the same meaning as defined in section 40103of1994 PA 451, MCL 324.40103, "Game" does not include privately owned cervidae species located on a cervidae livestock facility registered under 2000 PA 190, MCL 287.951to287.969. (3) "Permit" means a permit to hold game in captivity, formerly known as a permit to hold wildlife in captivity, authorizing the possession of captive-bred game. Only those game species with requirements under
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