THE CAPTIVE WILD ANIMAL COMMISSION ORDER

THE CAPTIVE WILD ANIMAL ORDER

Under the authority of section 42710, Act 451 of the Public Acts of 1994, as amended, being section 324.42710 of the Michigan Compiled Laws, the Director of the Department of Natural Resources ordered that effective March 11, 2005, the following regulations shall read as follows:

20.1 Short title.

Sec. 20.1. This order shall be known and may be cited as "the captive wild animal order."

History : Eff. Jan. 1, 1990; Am. Sept. 12, 1990, Eff. Oct. 1, 1990; Am. 1, 2005, Eff. Mar. 11, 2005.

20.2 Meanings of words and phrases.

Sec. 20.2. For the purposes of this order, words and phrases defined in part 427, breeders and dealers, of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being sections 324.42701 to 324.42714 of the Michigan Compiled Laws, shall have the meanings ascribed to them in those sections. When used in this order, "permit to hold wildlife in captivity" or "permit" shall mean a game breeders license.

History : Eff. Jan. 1, 1990; Am. Sept. 12, 1990, Eff. Oct. 1, 1990; Am. 1, 1997, Eff. May 1, 1997

20.3 Permits.

Sec. 20.3. (1) Except as provided by section 20.4, only a person who has submitted an application to the wildlife division permit specialist for a permit to hold wildlife in captivity, being form PR 1350, in accordance with the instructions on that form, and who possesses a valid permit to hold wildlife in captivity shall be considered, for the purposes of subsection 42709(2) of part 427, breeders and dealers, of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being subsection 324.42709(2) of the Michigan Compiled Laws, "persons holding permits authorizing the possession of the game" or "licensed game breeders." A person possessing or desiring to possess migratory birds, such as ducks or geese, shall comply with all federal regulations and permit rules in addition to state of Michigan regulations. This includes the physical marking of waterfowl by removal of the hind toe on the right foot of each bird before it reaches the age of 4 weeks or by other federally approved marking methods.

(2) A separate permit to hold wildlife in captivity is required for each separate premises although operated and owned by the same person or entity.

(3) Except as otherwise provided by this order, when a permittee secures additional numbers of animals for species already listed on the permit, the permittee shall report the additional animals on the next monthly inventory report, being form PR 1350‑2, and shall provide the minimum space requirements for the total number of animals of that species.

(4) If any information on an approved permit to hold wildlife in captivity is no longer current, an application to amend the permit must be submitted to the wildlife division permit specialist in accordance with the instructions on that form.

(5) A permit must specifically list each species held, or to be held. Before a permittee may possess a species not listed on their permit, the permittee must make application to the wildlife division permit specialist and obtain an approved amended permit to hold wildlife in captivity specifically listing the species to be acquired, except that a permittee shall be exempt from the requirement of specifically listing each species of duck held, or to be held, and from the requirement of amending a permit to include each species of duck to be acquired.

History: Eff. July 18, 1990; Am. Sept. 12, 1990, Eff. Oct. 1, 1990; Am. 3, 1993, Eff. Sept. 1, 1993; Am. 1, 1997, Eff. May 1, 1997.

20.4 Permit requirement exemptions.

Sec. 20.4. (1) A person purchasing and removing the following live animals from a licensed premises may possess the animals without a permit provided the person does not propagate or sell the animals and provided the animals are properly identified as prescribed by section 20.9:

(a) Pheasants if they are 12 or fewer in number.

(b) Quail if they are 12 or fewer in number.

(2) A permit to hold wildlife in captivity is not required for a person to possess pheasants, bobwhite quail, or Hungarian partridge legally acquired for the purpose of release to the wild or personal consumption, provided that a game bird release permit is obtained before, or at the same time as, the birds or their eggs are acquired, and the birds and their eggs are disposed of within 6 months of the date upon which the game bird release permit was issued.

(3) A permit to hold wildlife in captivity is not required for a person to possess game birds of the number and species authorized for release on a field dog trial permit issued by the department of natural resources.

(4) A permit to hold wildlife in captivity is not required for a person to possess game birds of the number and species authorized by a game bird hunting preserve license issued by the department of natural resources.

(5) A permit to hold wildlife in captivity is not required for a person receiving animals or eggs which are being shipped directly out of the state of Michigan.

(6) A permit to hold wildlife in captivity is not required for a person to possess raptors of the number and species authorized by a falconry permit issued by the department of natural resources and the United States fish and wildlife service.

(7) A permit to hold wildlife in captivity is not required for a person to possess cervidae species as defined by the privately owned cervidae producers marketing act, 2000 PA 190, being MCL 287.951 to 287.969.

History: Eff. Jan. 1, 1990; Am. Sept. 12, 1990, Eff. Oct. 1, 1990; Am. Nov. 12, 1992, Eff. Jan. 1, 1993; Am. 1, 1997, Eff. May 1, 1997; Am. 1, 2005, Eff. Mar. 11, 2005.

20.5 Enclosures and sanitation; mute swan requirements.

Sec. 20.5. (1) Except as provided by subsection (2), animals held in captivity shall be confined to the licensed premises at all times. Animals shall not be chained or otherwise tethered to stakes, posts, trees, buildings, or other anchorage. Each animal shall be provided with an enclosure which meets the requirements of section 20.6, and shall be provided with rainproof dens, nest boxes, shelters, perches, and bedding as required for the comfort of the species held in captivity and to protect them against inclement weather or extreme heat. Animals in captivity shall be handled in a sanitary and humane manner and kept free as far as practicable from parasites, sickness, or disease. Permittees shall provide an enclosure of such strength and type of construction that it is impossible for the animals to escape, and shall keep all fences and enclosures properly repaired.

(2) A person may transport an animal held under permit in a temporary cage or other suitable means of confinement directly to and from a facility, for the following reasons only:

(a) Veterinary treatment of the animal.

(b) Sale, or transfer of ownership of the animal.

(c) Exhibition of mammals to the public, provided a United States department of agriculture exhibition license, specifically authorizing this activity, is possessed.

(d) Use of fox or raccoons in department authorized field dog trials, provided the fox or raccoons are not dragged, led on a leash, submerged in water, or allowed to come into contact with dogs.

(3) Mute swans possessed under permit and hatched on or after August 15, 1993, shall have 1 wing pinioned within 5 days of hatching.

(4) Mute swans possessed under permit and hatched prior to August 15, 1993, shall be marked with a numbered metal leg band supplied by the department. Records of band numbers, birds banded, birds sold or transferred to another party, and other information shall be submitted to the department according to instructions and on forms supplied by the department.

History: Eff. July 18, 1990; Am. Sept. 12, 1990, Eff. Oct. 1, 1990; Am. 1, 1993, Eff. June 15, 1993; Am. 1, 1997, Eff. May 1, 1997.

20.6 Enclosure size and amenities, requirements.

Sec. 20.6. The minimum enclosure size and required amenities for the species designated in this section shall be as follows, except that newborn mammals may remain with their parents until weaned:

Enclosure size; badger, bobcat, fox, and raccoon.

(1) Badger, bobcat, fox, or raccoon:

(a) Single animal: 8 feet long by 6 feet wide by 6 feet high.

(b) For each additional animal, increase horizontal cage size by 24 square feet.

(d) A climbing tree with 3 or more 4-inch diameter branches shall be available for each raccoon or bobcat. A 14-inch by 36-inch protected shelf area shall be provided for each animal. Bobcat or raccoon platforms shall be at least 3 feet above the floor; fox and badger platforms shall be 1 foot above the floor.

Enclosure size; coyote.

(2) Coyote:

(a) Single animal: 10 feet by 8 feet by 6 feet high.

(b) For each additional animal, increase horizontal cage size by 40 square feet.

Enclosure size; beaver and otter.

(3) Beaver or otter:

(a) Single animal: 10 feet by 8 feet by 6 feet high, with a pool 4 feet by 6 feet by 3 feet deep at one end.

(b) Increase horizontal cage size by 40 square feet and pool size by 10 square feet for each additional animal.

(d) Beaver must be supplied with gnawing logs and a nest box or retreat 3 feet by 3 feet by 3 feet high.

Enclosure size; muskrat and mink.

(4) Muskrat or mink:

(a) Single animal: 8 feet by 4 feet by 4 feet high, with a pool 2 feet by 4 feet by 2 feet deep at one end.

(b) Increase horizontal cage size by 16 square feet and pool size by 4 square feet for each additional animal.

(d) Mink require a tree for climbing, an elevated shelf for loafing, and a den site 2 feet by 2 feet by 2 feet high.

Enclosure size; squirrels.

(5) Squirrels:

(a) Single animal: 4 feet by 4 feet by 8 feet high.

(b) Increase cage size by 1 foot in width and depth for each additional animal held.

(d) A central climbing tree with at least 3-inch branches shall be available.

Enclosure size; skunks and woodchuck.

(6) Skunks or woodchuck:

(a) Single animal: 8 feet by 4 feet by 4 feet high, with a denning box 2 feet by 2 feet by 2 feet high.

(b) Increase horizontal cage size by 16 square feet for each additional animal.

Enclosure size; black bear.

(7) Black bear:

(a) A single animal shall be confined to a cage no smaller than 25 feet by 12 feet by 8 feet high.

(b) Each cage for a single bear must be provided with a pool 4 feet by 6 feet by 3 feet deep.

(d) Each bear shall be provided with a den site 4 feet by 4 feet by 6 feet high.

(e) Several logs at least 5 feet long by 10 inches in diameter for clawing shall be provided.

Enclosure size; pheasants, bobwhite quail, and Hungarian partridge.

(8) Pheasants, bobwhite quail, or Hungarian partridge, when older than 14 weeks, shall be kept in an enclosure no smaller than 100 square feet, subject to the following conditions:

(a) Pheasants without specs require a minimum of 25 square feet per bird.

(b) Pheasants with specs require a minimum of 15 square feet per bird.

(d) Hungarian partridge require a minimum of 8 square feet per bird.

(e) Bobwhite quail and Hungarian partridge may be held in smaller breeder pens during the breeding season.

(f) In order to reduce direct confrontation and interaction between birds, cover shall be provided in enclosures which hold pheasants and Hungarian partridge. Cover may be provided by growing vegetation, brush piles, old Christmas trees, corn shocks, bales of hay or straw, or other cover forms placed into or grown within each pen.

Enclosure size; ducks.

(9) Ducks:

(a) Not more than 2 pairs, or 1 pair and their offspring of the year, shall be held together in a minimum area of 100 square feet.

(b) A minimum of 10 square feet of water, 1 foot or greater in depth, shall also be available.

(c) Each additional adult duck requires at least 20 square feet of additional land space and 5 square feet of water surface.

Enclosure size; geese and swans.

(10) Geese or swans:

(a) Not more than 2 pairs, or 1 pair and their offspring of the year, shall be confined to an area smaller than 500 square feet.

(b) A minimum of 50 square feet of water, 1 foot or greater in depth, shall also be available.

Enclosure size; wild turkeys.

(11) Wild turkeys:

(a) One to 5 birds require a minimum of 150 square feet of horizontal space.

(b) Each additional bird requires an additional 15 square feet of floor space.

Pen and amenity requirements, separate from human dwellings.

(12) The pens and amenities required by this section shall be separate from any human dwelling.

Application requirement.

(13) A person shall not submit an application for a permit to hold wildlife in captivity unless the person has provided the minimum enclosure sizes and required amenities as stipulated in this section.

Inspections.

(14) A conservation officer or other representative of the department of natural resources may inspect the premises, pens, animals, records, and facilities of a permittee at any reasonable time.

History: Eff. July 18, 1990; Am. Sept. 12, 1990, Eff. Oct. 1, 1990; Am. 3, 1993, Eff. Sept. 1, 1993; Am. 1, 1997, Eff. May 1, 1997; Am. 1, 2005, Eff. Mar. 11, 2005.

20.7 Acquisition and disposition of animals.

Sec. 20.7. (1) Animals possessed under a permit to hold wildlife in captivity shall have been acquired in a lawful manner. As evidence thereof, the receipted invoice, bill of lading, shipping tag from another permittee, or other satisfactory evidence shall be presented for inspection upon request by an authorized officer.

(2) When animals have been presented to a municipal park or zoo by the department, the animals or offspring of the original animals may be disposed of by the municipal park or zoo only as specified in subsections (3) and (4). Live animals being transferred from a municipal park or zoo to a private owner must be accompanied by a bill of sale.

(3) A person with a permit to hold wildlife in captivity may transfer, give, or sell live animals, or game bird eggs, only to a person who has a permit to hold wildlife in captivity specifically listing the species being acquired, or to a person exempt from the permit requirements by section 20.4.

(4) A person who desires to obtain live wild animals shall present to the person transferring, giving, or selling the animals proof in the form of a permit or facsimile of having the necessary license or permit as required by subsection (3). If proof is not presented, the person possessing the animals shall not allow the animals to leave the licensed premises.

History: Eff. July 18, 1990; Am. Sept. 12, 1990, Eff. Oct. 1, 1990; Am. 1, 1992, Eff. Jan. 1, 1993; Am. 2, 1993, Eff. July 1, 1993; Am. 1, 1997, Eff. May 1, 1997; Am. 1, 2005, Eff. Mar. 11, 2005.

20.8 Shipping and identification tags.

Sec. 20.8. (1) Any animals or parts of animals leaving a licensed premises shall be identified with official shipping tags available from the department, at the cost of $6 per hundred, before removal from licensed premises. The tags shall identify the products as having been produced and sold legally. The shipping tags shall be constructed in 2 sections: part 1 (soft copy) shall be retained by the shipper for 5 years from the date of shipment, part 2 (hard copy) shall accompany the shipment.

(2) The shipping tags shall be securely attached to the products or containers, shall be readily visible, and shall remain attached until the products are ready to be used or consumed or until live animals are released from crates or other containers. A person shall not reuse a tag.

History: Eff. July 18, 1990; Am. Sept. 12, 1990, Eff. Oct. 1, 1990; Am. 1, 1997, Eff. May 1, 1997.

20.9 Shipping tags for live animals and eggs.

Sec. 20.9. Each shipment of live animals or birds eggs shall be identified by a completely filled out shipping tag. One tag shall be securely fastened to each carton or package.

History: Eff. July 18, 1990; Am. Sept. 12, 1990, Eff. Oct. 1, 1990.

20.10 Shipping tags for carcasses, pelts, and hides, or portions thereof.

Sec. 20.10. A shipping tag shall be attached securely to each field-dressed animal, or to each package, wrapper, bag, or carton containing the carcass or portion thereof of any small game animal or fur-bearing animal, or each animal pelt, and each animal hide produced by a permittee.

History: Eff. July 18, 1990; Am. Sept. 12, 1990, Eff. Oct. 1, 1990; Am. 1, 2005, Eff. Mar. 11, 2005.

20.11 Live animal inventory report.

Sec. 20.11. (1) Any addition to or subtraction from a permittee’s live animal inventory shall be legibly recorded on a monthly inventory report, being form PR 1350-2, in accordance with the instructions on that form. Permittees shall retain a copy of this report for 5 years from the report date. Except as otherwise provided in this section, reports shall be submitted to the wildlife division permit specialist within 15 days after the end of the month. A report need not be completed for a month in which no animals were added to or removed from a permittee’s live animal inventory. The department shall make available monthly inventory report forms at no cost to the permittee.

(2) The department may exempt permittees possessing certain species from the requirement of submitting a monthly inventory report. Such permittees shall be required to maintain live animal inventory records in accordance with the instructions on form PR 1350‑2, but may be exempt from the requirement of recording such records onto the form. Such records shall be retained for no less than 5 years and shall be subject to department inspection as provided by section 20.6 (16).

History: Eff. July 18, 1990; Am. Sept. 12, 1990, Eff. Oct. 1, 1990; Am. 1, 1997, Eff. May 1, 1997.

20.12 Repealed; Am. 1, 2005, Eff. Mar. 11, 2005.

Publishers Note: This section pertained to Shipping tags for carcasses, pelts, and hides, or portions thereof.

20.13 Repealed; Am. 1, 1997, Eff. May 1, 1997.