Ariz. Admin. Code § 12-4-420

Current through Register Vol. 30, No. 41, October 11, 2024

Section R12-4-420 - Zoo License

A. A zoo license allows a person to exhibit, export, euthanize, display for educational purposes, give away, import, offer for sale, possess, propagate, purchase, sell, or transport any lawfully possessed restricted and nonrestricted live wildlife.

B. A person may apply for a zoo license only for a commercial facility open to the public where the principal business is holding wildlife in captivity for exhibition purposes and for one or more of the following purposes:

1. Advancement of science or wildlife management,

2. Promotion of public health or welfare;

3. Public education; or

4. Wildlife conservation.

C. A zoo license expires on the last day of the third December from the date of issuance.

D. In addition to the requirements established under this Section, a zoo license holder shall comply with the special license requirements established under R12-4-409.

E. The zoo license holder shall be responsible for compliance with all applicable regulatory requirements; the license does not:

1. Exempt the license holder from any municipal, county, state, or federal codes, ordinances, statutes, rules, or regulations; or

2. Authorize the license holder to engage in authorized activities using federally-protected wildlife, unless the license holder possesses a valid license, permit, or other form of documentation issued by the United States authorizing the license holder to use that wildlife in a manner consistent with the special license.

F. The Department shall deny a zoo license to a person who fails to meet the requirements established under R12-4-409 or this Section. The Department shall provide the written notice established under R12-4-409(F)(4) to the applicant stating the reason for the denial. The person may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10. In addition to the requirements and criteria established under R12-4-409(F)(1) through (4), the Department shall deny a zoo license when:

1. It is in the best interest of the wildlife; or

2. The issuance of the license will adversely impact other wildlife or their habitat in the state;

G. An applicant for a zoo license shall submit an application to the Department. The application is furnished by the Department and is available from any Department office, and the Department's website. An applicant shall provide the following information on the application:

1. The applicant's information:

a. Name;

b. Mailing address;

c. Telephone number;

and

d. Department ID number, when applicable;

2. If the applicant is employed by, contracted with, or affiliated with an educational or scientific institution, the applicant shall provide the institution's:

a. Name;

b. Mailing address;

c. Telephone number;

3. Wildlife species to be held under the license;

a. Common and current scientific name of the wildlife species; and

b. Number of individuals for each species;

4. If the applicant is renewing the zoo license, the number of animals of each species that are currently in captivity, and evidence of lawful possession as defined under R12-4-401;

5. For each location where the wildlife will be exhibited, the land owner's:

a. Name;

b. Mailing address;

c. Telephone number; and

d. Physical address or general location description and Global Positioning System location;

6. A detailed description and diagram of the facilities where the applicant will hold the wildlife and a description of how the facilities comply with the requirements established under R12-4-428;

7. A description of how the facility or operation meets the definition of a zoo, as defined under A.R.S. § 17-101(A)(26);

8. The purpose of the license, as described under subsection (B);

9. Any other information required by the Department; and

10. The certification required under R12-4-409(C).

H. In addition to the requirements listed under subsection (G), an applicant for a zoo license shall also submit at the time of application:

1. Proof of current licensing by the United States Department of Agriculture under 9 CFR Subpart A, Animal Welfare;

2. Photographs of the facility when the zoo is not accredited by the Association of Zoos and Aquariums or Zoological Association of America.

3. For subsection, (H)(1), 9 CFR Subpart A, Animal Welfare revised January 1, 2019, and no later amendments or editions, which is incorporated by reference. The incorporated material is available from the U.S. Government Printing Office, Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000, and is on file with the Department.

I. An applicant for a zoo license shall pay all applicable fees required under R12-4-412.

J. A zoo license holder shall:

1. Comply with all additional stipulations placed on the license by the Department, as authorized under R12-4-409(H).

2. Allow the Department to conduct inspections of an applicant's or license holder's facility and records at any time before or during the license period to determine compliance with the requirements of this Article. The Department shall comply with A.R.S. § 41-1009 when conducting inspections at a license holder's facility.

3. Ensure each facility is inspected by the attending veterinarian at least once every year.

4. Hold all wildlife in such a manner designed to prevent wildlife from escaping from the facility specified on the license.

5. Hold all wildlife in a manner designed to prevent the entry of unauthorized persons or other wildlife.

6. Hold all wildlife lawfully possessed under the zoo license in the facility specified on the license, except when transporting the wildlife:

a. To or from a temporary exhibit;

b. For medical treatment; or

c. Other activities approved by the Department in writing.

7. Ensure a temporary exhibit shall not exceed 60 consecutive days at any one location, unless approved by the Department in writing.

8. Clearly display a sign at the facility's main entrance that states the days of the week and hours when the facility is open for viewing by the general public.

9. Ensure all wildlife held under the license that has the potential to come into contact with the public is tested for zoonotic diseases appropriate to the species no more than 12 months prior to importation or display. Any wildlife that tests positive for a zoonotic disease shall not be imported into this state without review and approval by the Department in writing.

10. Dispose of the following wildlife only as directed by the Department:

a. Wildlife obtained under a scientific activity license; or

b. Wildlife loaned to the zoo by the Department.

11. Maintain records of all wildlife possessed under the license for a period of five years following the date of disposition. In addition to the information required under subsections (H)(1) through (H)(3), the records shall also include:

a. Number of all restricted live wildlife, by species and the date it was obtained;

b. Source of all restricted live wildlife and the date it was obtained;

c. Number of offspring propagated by all restricted live wildlife; and

d. For all restricted live wildlife disposed of by the license holder:

i. Number, species, and date of disposition; and

ii. Method of disposition.

K. A zoo license holder shall not:

1. Accept any wildlife that is donated, purchased, or otherwise obtained without accompanying evidence of lawful possession.

2. Import into this state any wildlife that may come into contact with the public and tests positive for zoonotic disease, as established under subsection (J)(9).

L. A zoo license holder shall dispose of restricted live wildlife in this state by:

1. Giving, selling, or trading the wildlife to:

a. Another zoo licensed under this Section;

b. An appropriate special license holder or appropriately licensed or permitted facility in another state or country authorized to possess the wildlife being disposed;

2. Giving selling, or donating the wildlife to a medical or scientific research facility exempt from special license requirements under R12-4-407;

3. Exporting the wildlife to a zoo certified by the Association of Zoos and Aquariums or Zoological Association of America; or

4. As otherwise directed by the Department.

M. A zoo license holder shall submit an annual report to the Department before January 31 of each year for the previous calendar year. The report form is furnished by the Department.

1. A report is required regardless of whether or not activities were performed during the previous year.

2. The zoo license becomes invalid if the annual report is not submitted to the Department by January 31 of each year.

3. The Department will not process the special license holder's renewal application until the annual report is received by the Department.

4. The report shall summarize the current species inventory, and acquisition and disposition of all wildlife held under the license.

N. A zoo license holder shall request the authority to possess a new species of restricted live wildlife by submitting a written request to the Department prior to acquisition, unless the wildlife was:

1. Held under the previous year's zoo license and included in the previous annual report, or

2. Authorized in advance by the Department in writing.

O. A zoo license holder shall comply with the requirements established under R12-4-409, R12-4-426, R12-4-428, and R12-4-430, as applicable.

Ariz. Admin. Code § R12-4-420

Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 7 A.A.R. 2732, effective July 1, 2001 (Supp. 01-2). Amended by final rulemaking at 9 A.A.R. 3186, effective August 30, 2003 (Supp. 03-3). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective 11/20/2015. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.