Summary of Captive Wildlife Requirements 1. Required Permits and Licenses for Captive Wildlife Summary: To possess wildlife (Class I, II, or III) for exhibition and/or public sale, a license is required under Chapter 372.921, Florida Statutes. Potentially dangerous wildlife may be possessed for personal use (Class II) only under a special license as specified in Chapter 372.922, F.S. No cost permits are available to possess certain wildlife species for personal use (Class III, i.e., raccoons, opossums, skunks, and squirrel monkeys). Some common and innocuous species of wildlife have been exempted from permit requirements for personal use (i.e., parrots, parakeets, squirrels, non-venomous snakes, turtles, and rabbits), but possessors must still comply with caging and humane requirements. Venomous reptiles may only be possessed under license as per Chapter 372.86-91, F.S., (information on venomous reptiles is available upon request). Traveling zoos must comply with specific guidelines and those entities desiring to use elephants for rides must obtain special authorization. Persons operating game farms or hunting preserves must be licensed as per Chapter 372.16 F.S. and Chapter 372.661, F.S., respectively (information on these operations is available upon request). In addition to the applicable statutes outlining general licensing and permitting procedures, persons desiring to possess and maintain wildlife must adhere to specific requirements addressed in Commission regulations. Below is a brief summary of the requirements for each captive wildlife statute and rule. Please read the summaries and then consult the referenced page(s) in the index for a complete review of the requirements. Applicants and licensees will be held accountable for full compliance with the statutes and regulations. This includes maintaining wildlife in a sanitary, safe, humane manner, and protecting the public at all times. Wildlife escapes or injuries to the public as the result of mishandling are considered very serious violations. Failure to comply with requirements may result in legal action and/or revocation of authorization to possess wildlife. Such actions are necessary to protect wildlife and the public. Possession of captive wildlife in Florida is a privilege, not a right. Wildlife held in captivity is subject to inspection by Commission personnel without prior notification. Section I-Wildlife Possessed for Exhibition, Public Sale, or for Personal Use: (A) Applicable Statutes 1. Chapter 372.921, F.S., Exhibition and Sale of Wildlife The purpose of this Statute is to ensure humane treatment and sanitary surroundings for wild animals kept in captivity for public display or sale. It charges the Commission with licensing those who desire to offer wildlife for sale, or exhibit them for a fee or otherwise. Applicants for permits must show the place, number, and type of wildlife they plan to possess. Caging facilities are subject to inspection prior to authorization and applicants must have the required experience. License fees range from $5 for up to 10 animals and $25 for over 10 animals. Commercial operations are generally characterized by: (1) a regular media advertising campaign; (2) signs, billboards, or flyers advertising commercial wildlife services or operations; (3) regular "open for business" hours; and (4) written business is conducted on printed letterhead paper, indicating the name of the company. 2. Chapter 372.922, F.S., Personal Possession of Wildlife All individuals planning to possess wildlife for "personal use" (as opposed to commercial use) listed in Class II of Rule 68A-6.002 must submit a $100 permit fee per annum and meet the experience and facility qualifications as outlined in 68A-6.0022. (B) Applicable Regulations 1. Rule 68A-6.0011, Possession of Wildlife in Captivity; Permit Requirements The purpose of this Rule is to provide the basic foundation for the legal possession of wildlife. It specifies that no person shall possess native or nonnative wildlife except by license/permit, or as otherwise authorized by the Commission. Facilities operating solely as research facilities and licensed under the Federal Animal Welfare Act are exempt from the provisions of Commission wildlife rules. Also, those entities ranching ratites (ostrich, emu, rhea, cassowary) for meat, hides, or skins are exempt. 2. Rule 68A-6.002, Categories of Captive Wildlife For the purpose of public safety, wildlife has been divided into several categories or classes that help define the behavioral characteristics inherit in wild animals. Because husbandry and security issues vary according to the size and temperament of the species, applicants must meet certain qualifications specific to the class of wildlife desired. Each class also has specific requirements for caging construction and safety access. This Rule defines the different wildlife classes. Class I, II, and III wildlife species are defined. Class I wildlife are dangerous species and (i.e., lions, tigers, chimpanzees) that may not be kept as personal pets and may only be possessed for exhibition or other bona-fide uses under Chapter 372.921, F.S. Class II wildlife is potentially dangerous (i.e., cougars, wolves, macaques) and may only be possessed for exhibition or sale and by experienced private individuals who can qualify to possess them for personal use under Chapter 372.921 and Rule 68A-6.0022. Class III wildlife includes all wildlife not listed as I or II. 3. Rule 68A-6.0021, Possession or Transfer of Class I Wildlife as Personal Use Wildlife; Transfer of Wildlife This Rule is designed to help ensure the welfare of wildlife and the public through the tracking of animal sales. It is unlawful for any person to buy, sell or transfer wildlife to or from an unpermitted entity within Florida. Sellers must record and maintain certain information on those who purchase wildlife. The information must be made available for inspection by Commission employees upon request. 4. Rule 68A-6.0022, Possession of Wildlife in Captivity; Permits The purpose of this Rule is to protect wildlife and the public by limiting authorization to keep animals to qualified individuals residing in areas where caging and enclosures are authorized. It specifies the required application procedures and applicant experience/facility requirements to possess wildlife. This includes ensuring that cages or enclosures are not in violation of county zoning laws. It also lists Class III wildlife that have been exempted from permitting requirements when kept for personal use. 5. Rule 68A-6.0023, General Regulations Governing Possession of Captive Wildlife Wildlife kept in captivity must be housed in a safe and humane manner. This Rule specifies that no person shall keep captive wildlife in any unsafe or unsanitary condition, or in a manner which results in threats to the public safety, or the maltreatment or neglect of wildlife. Any condition which results in wildlife escaping or injuring persons is considered a violation. Standards for the cleaning of cages and enclosures, food and water quality, and maintenance requirements are outlined. The provisions also include procedures for public contact with wildlife, including safety and handling parameters for Class I wildlife in "full contact" and "incidental contact" situations. 6. Rule 68A-6.003, Structural Caging Requirements for Wildlife Wildlife caging must be strong and secure to protect the public, the animals, and the environment. The purpose of this Rule is to enhance public safety and reduce wildlife escapes. The Rule specifies the type and strength of materials necessary for the construction of cages and enclosures for keeping Class I, II, and III wildlife safely. It includes requirements for security fencing and that cages holding Class I and II animals be equipped with a safety entrance to protect handlers and prevent escapes. 7. Rule 68A-6.004, Standard Caging Requirements Humane treatment of wildlife requires cages and enclosures that meet the physical and psychological needs of the animals. This Rule establishes required enclosure dimensions for most wildlife species. Together with sizes, the Rule requires appropriate shelters, dens, nest boxes, exercise apparatus, and other necessary comfort and security needs to provide a safe, healthy, and humane environment for captive wildlife. "Environmental enhancements" are also required for most species. These are items that will stimulate the animals' natural foraging and activity behaviors to provide for their psychological well-being. For example, enhancements for big cats might include boxes, balls, or rawhide chewing items. The Rule provides for deviation from specific enclosure length/width measurements under certain circumstances. Also, since most captive wildlife need socialization with others of the same species, many standard cage sizes require sufficient space for two or more animals. NOTE: IT IS ILLEGAL TO CONFINE WILDLIFE IN CAGES OR ENCLOSURES WHICH CONTAIN MORE INDIVIDUAL ANIMALS, OR ARE SMALLER IN DIMENSION THAN SPECIFIED, OR NOT EQUIPPED AS REQUIRED (EXCEPT AS DEFINED UNDER RULE 68A-6.0041, EXEMPTIONS TO STANDARD CAGING REQUIREMENTS). IN ADDITION, THOSE ENTITIES LICENSED OR PERMITTED TO POSSESS WILDLIFE PRIOR TO DECEMBER 31, 1997, ARE "GRANDFATHERED" AND ARE NOT REQUIRED TO MEET THE NEW CAGING SPECIFICATIONS UNTIL JANUARY 1, 2000. 8. Rule 68A-6.0041, Exceptions to the Standard Caging Requirements Wildlife held under certain conditions do not have to be placed in standard-sized cages. Examples include newborn and juvenile animals and wildlife held for sale at exotic wildlife auctions, exotic bird shows, and herptile exhibitions. The Rule stipulates animals held under such conditions must abide by strict sanitary and humane standards. 9. Rule 68A-6.0042, Elephant Rides This rule is designed to provide a greater margin of safety for the public as well as protect elephants used for riding purposes. Exhibitors must qualify for special authorization by submitting documentation that the elephants to be used have good safety records, elephants will be strictly supervised by experienced handlers, and safety barriers will be erected at the ride site to protect the general public. Other restrictions also apply. 10. Rule 68A-6.005, Transportation Requirements for Wildlife; Caging Requirements for Performing and Non-Performing Animals This Rule contains parameters for the humane and safe transportation of wildlife within the state. It includes requirements that performing animal traveling acts obtain prior authorization from the Commission to use small traveling cages. They must document and submit exhibition dates, locations of shows, and performing/exercise schedules. Performing animals must be exercised or perform at least once every 72 hours. Non-performing acts must have larger caging as specified by the Rule and the animals may not be confined in the caging for more than 45 days out of each 90-day period. For More Information
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