Wildlife Confinement Standards

3 CSR 10-9.220 Wildlife Confinement Standards PURPOSE: This rule establishes standards to be followed by those holding wildlife in captivity to assure the animals are confined in humane and sanitary conditions and in ways that prevent escape. (1) Cages, pens, or other enclosures for confining wildlife shall be well braced, securely fastened to the floor or ground, covered with a top as required, and constructed with material of sufficient strength to prevent escape. Animals may not be released to the wild and must be confined at all times in cages, pens, or enclosures except in lead or drag races, or birds held under a falconry permit or as otherwise permitted in this chapter. Except for unweaned young, Class II wildlife and bobcat, American badger, coyote, red fox, and gray fox may not roam freely anywhere within a residence or inhabited dwelling. The following requirements shall be met: (A) Any person holding any wildlife in confinement under permit within the provision of this chapter shall report all escapes immediately to a conservation agent; (B) Clean drinking water shall be available in adequate amounts at all times. Semiaquatic animals, such as beaver and muskrat, shall be provided a pool of sufficient water depth for the animal to completely submerge; (C) A shelter shall be provided for security and protection from inclement weather. Shade or an overhead structure shall be provided in warm seasons; (D) Confined wildlife shall be fed daily or as required with a diet appropriate to the species and the age, size, and condition of the animal. Feeding containers shall be kept clean and uneaten food removed within a reasonable time; (E) Animal wastes shall be removed daily and disposed of properly. If bedding is provided, it shall be cleaned out and replaced every two (2) weeks; (F) Facilities for holding captive-reared migratory waterfowl must be designed to prevent escape to surrounding properties and managed to prevent contact with non-captive migratory waterfowl. Captive-reared mallard ducks may be temporarily released for flight exercise beginning one (1) hour after sunrise. Facilities must be designed to re-capture such ducks, and a reasonable effort must be made to re-capture them by one (1) hour after sunset each day; and (G) Captive-reared mallard ducks must be physically marked prior to six (6) weeks of age by removal of the hind toe from the right foot, or by tattooing of a readily discernible number or letter or combination thereof on the web of one (1) foot. Other captive-reared migratory waterfowl must be physically marked prior to six (6) weeks of age by at least one (1) of the following methods and as provided in federal regulations: 1. Removal of the hind toe from the right foot; 2. Pinioning of a wing; provided that this method shall be the removal of the metacarpal bones of one (1) wing or a portion of the metacarpal bones which renders the bird permanently incapable of flight; 3. Banding of one (1) metatarsus with a seamless metal band; and 4. Tattooing of a readily discernible number or letter or combination thereof on the web of one (1) foot. NOTE: For federal regulations on migratory waterfowl, see Title 50, Parts 20 and 21 of the Code of Federal Regulations. (2) Cages, pens, or other enclosures for Class I and Class III wildlife shall meet the following standards: Minimum Space Per Each Enclosure Additional Enclosure Space Animal Height Species (sq. ft.) (sq. ft.) (ft.) (A) American Badger 30 6 4 (B) Beaver 40 8 5 (C) Bobcat 32 8 6 (D) Coyote 80 25 6 (E) E. Cottontail Rabbit 15 3 3 (F) Fox Squirrel 9 3 4 (G) Gray Fox 40 8 5 (H) Gray Squirrel 9 3 4 (I) Groundhog 12 3 5 (J) Mink 9 3 2 (K) Muskrat 12 5 3 (L) Otter 36 6 4 (M) Raccoon 24 6 5 (N) Red Fox 40 8 5 (O) Virginia Opossum 12 3 3 (P) Wease 9 3 2 (Q) Cervids 500 125 See 3 CSR 10-9.220(3) (3) Cages, pens, or other enclosures of individuals permitted (C) Fence posts shall extend at least a minimum of eight feet to hold cervids shall meet the standards and requirements (8') high, shall be of sufficient strength, and placed to maintain provided in this section: fence integrity. (A) Cages, pens, or other enclosures. (D) Gates shall be locked, latched, and constructed to meet or 1. All fencing shall extend at least a minimum of eight feet exceed the standards of the fence. (8') high for its entire length, and consist of not smaller than (E) Water gaps and stream crossings shall be constructed twelve and one-half (12 1/2) gauge woven or high-tensile woven and maintained in a condition to prevent ingress and egress of wire, not smaller than six (6) gauge welded wire, not smaller cervids at all times. than nine (9) gauge chain link, or wood planks. (F) If topographic, natural, or other conditions exist that 2. Spacing between vertical wires and wooden planks shall enable cervids to pass through, under, or over the fence, the not exceed six and one-half inches (6 1/2"). permit holder shall be required to supplement the fence with 3. If two (2) or more fences are combined, one (1) above additional, stronger or higher fence posts, special grading, the other, the fences shall be overlapped at least six inches (6") additional fencing, or other measures to prevent ingress and and firmly attached to each other at intervals no greater than egress of cervids at all times. three feet (3') or combined and firmly attached to each other at (G) Fencing shall be maintained in a condition to prevent intervals no greater than twelve inches (12") apart. ingress and egress of cervids at all times. 4. The fence shall be installed and maintained to provide not more than three inches (3") of ground clearance for its (4) Care of confined turtles shall meet requirements set out in entire length. section (1). At least ten (10) gallons of water shall be provided (B) Right-of-way. for each adult aquatic turtle over four inches (4") in shell 1. The fence right-of-way shall be cleared of woody length, and three (3) gallons of water shall be provided for vegetation less than six inch (6") diameter at breast height for each hatchling or turtle under four inches (4") in shell length. a minimum distance of six feet (6') on the outside of the fence At least four (4) square feet of ground space shall be provided on land(s) under his/her control and six feet (6') on the inside for each box turtle over three inches (3") in shell length and of the fencing. For enclosures and additions constructed after one (1) square foot of ground space shall be provided for each June 30, 2019, the fence right-of-way shall be cleared of all hatchling or turtle under three inches (3") in shell length. woody vegetation for a minimum distance of six feet (6') on the outside and the inside of the fencing. (5) Cages, pens, or other enclosures for confining Class II 2. All dead trees with a height greater than the distance to wildlife shall be constructed to prevent direct physical contact the fence on land(s) under his/her control shall be felled. with the public. At a minimum, this may be accomplished by a secondary barrier of wire mesh no smaller than eleven and one-half (11 1/2) gauge with openings of no more than nine (9) square inches, with a minimum distance of three feet (3') between animal cage and public and a minimum height of six feet (6'). Doors shall remain locked at all times with appropriate locks and chains. Enclosures shall be constructed with a den, nest box, or connected housing unit that can be closed off and locked with the animal inside, or be a divided cage with a door between the compartments, to allow servicing and cleaning. The enclosure mesh size or spacing of bars shall be sufficient to prevent escape. A barrier system of wet or dry moats or structures, as approved by the American Association of Zoological Parks and Aquariums, will meet these requirements. (A) Class II wildlife shall be confined in cages, pens, enclosures, or in buildings of sufficient strength with restraints affixed to all windows, doors, or other means of entry or exit. (B) Cages, pens, or other enclosures for Class II wildlife shall meet the standards outlined in Appendix A of this rule, which is included herein. (6) Mobile temporary enclosures and wildlife auction/sale facilities may be used to confine wildlife, except Class III wildlife, for no more than fourteen (14) days and shall meet the following criteria: (A) Facilities or enclosures shall be of sufficient size to ensure that each animal or compatible groups of animals can stand erect, turn about freely, and lie naturally. Facilities or enclosures shall be designed to provide fresh air, be free from injurious drafts and engine exhaust fumes, and provide adequate protection from the elements. The structural strength of the facilities shall be sufficient to contain the wildlife and to withstand the normal rigors of transportation; (B) Class I wildlife facilities or enclosures shall contain doors that are locked when unattended, but easily accessible at all times for emergency removal of the wildlife; (C) Facilities or enclosures for Class II wildlife and bobcat, American badger, coyote, red fox, and gray fox shall be designed to prevent direct physical contact by the public and constructed of steel or case-hardened aluminum. Facilities or enclosures must have at least two (2) openings which are easily accessible at all times for emergency removal of the wildlife. Doors shall be locked at all times; and (D) Venomous reptiles shall only be transported in a strong escape-proof enclosure capable of withstanding a strong impact. Enclosures shall be locked and prominently labeled with the owner’s full name, address, telephone number, list of species being transported, and a sign labeled VENOMOUS. (7) Other wildlife native to Missouri not listed in sections (2) and (5) and in rule 3 CSR 10-9.110, and birds native to the continental United States, shall be cared for and confined in facilities that provide comparable requirements for similar size animals as listed in this rule. (8) Requirements of this rule shall not apply to wildlife under the care of a veterinarian or rehabilitation center, or to animals legally held in publicly owned zoos and American Zoo and Aquarium Association (AZA) accredited not-for-profit facilities. (9) Other variations from requirements of this rule shall be only as specifically authorized by the director. CAGE, PEN, OR OTHER ENCLOSURE STANDARDS FOR CLASS II WILDLIFE Species Enclosure Space (sq. ft.) Black Bear 150 or hybrids Mountain 200 Lion or hybrids Wolf 200 Venomous (Perimeter Snakes must be 1 1/2 times length of longest snake) APPENDIX A 3 CSR 10-9.220 (5) Space per Enclosure Each Height (feet) Additional Animal 50% larger 8(w/top) or 10(w/o top - 12 after 3/03) 50% larger 8 50% larger 6 25% larger Cage Material Not smaller than 9 gauge steel chain link; top required for 8-foot enclosure; 3-foot lean-in on top of fence acceptable for 10-foot enclosure. (For enclosures constructed after 3-1-03, height (without top) must be 12 feet with 3-foot lean-in on top; two strands of hot wire (8000-10000 volt) on fence, one strand on lean-in, one strand along bottom or middle of fence; 4-inch concrete floor or non-rust 9 gauge chain link buried 2 feet and angled underground toward enclosure interior, or for pens anchored flush with ground, 3-foot interior dig-out panel required at ground surface.) Not smaller than 11 gauge steel chain link; top required Not smaller than 9 gauge steel chain link; 4-inch concrete floor or non-rust 9 gauge chain link buried 2 feet and angled underground toward enclosure interior, or for pens anchored flush with ground, 3-foot interior dig-out panel required at ground surface; top required, except 8-foot fence with 3foot lean-in acceptable for wolves. When on public display outside approved confinement facility, any side of exhibit cage exposed to the public shall have a double glass or escapeproof double mesh barrier designed to prevent contact between venomous reptile and the public. AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* This rule was previously filed as 3 CSR 10-3.020. Original rule filed Nov. 2, 1984, effective Feb. 11, 1985. Amended: Filed Aug. 6, 1985, effective Jan. 1, 1986. Amended: Filed May 10, 1991, effective Jan. 1, 1992. Amended: Filed June 2, 1992, effective Feb. 26, 1993. Amended: Filed June 9, 1993, effective Jan. 31, 1994. Amended: Filed June 13, 1994, effective Jan. 1, 1995. Amended: Filed Oct. 12, 1994, effective March 30, 1995. Amended: Filed May 30, 1995, effective Jan. 1, 1996. Amended: Filed June 5, 1996, effective Dec. 30, 1996. Amended: Filed May 6, 1998, effective March 1, 1999. Amended: Filed May 9, 2002, effective March 1, 2003. Amended: Filed Nov. 25, 2003, effective April 30, 2004. Amended: Filed Sept. 29, 2004, effective Feb. 28, 2005. Amended: Filed Sept. 14, 2005, effective Feb. 28, 2006. Amended: Filed Oct. 2, 2006, effective Feb. 28, 2007. Amended: Filed March 19, 2007, effective April 1, 2007. Amended: Filed June 13, 2014, effective Jan. 30, 2015. Amended: Filed Feb. 26, 2015, effective July 30, 2015. Amended: Filed Dec. 14, 2018, effective June 30, 2019. Amended: Filed Jan. 22, 2021, effective Aug. 30, 2021. *Original authority: 252.040, RSMo 1945, amended 1989.