1. Federal, State, and Local Limitations on Potentially Dangerous Animal Ownership Daniel A. Kovich, DVM, MPH Program Manager Office of Animal Care and Health Policy Division of Animal and Food Industry Services Virginia Department of Agriculture and Consumer Services

2. This presentation will cover: Federal laws and regulations concerning animal ownership, commerce and care Virginia’s body of animal law and regulations, and their relationship to potentially dangerous animals The authority of Virginia’s local governments to restrict or prohibit animal ownership

3. What animals are we talking about? Virginia currently has no definition of dangerous animal, so this presentation will look at laws governing animal ownership generally and highlight their specific ramifications to owners of: Canidae, other than domestic dogs Felidae, other than domestic cats All non-human primates All species of bears and elephants All crocodilians and poisonous & constricting snakes

4. Navigating the Minefield The possession/sale/movement of any animal species needs to be in compliance with all three levels of government—federal, state, and local A prohibition or restriction on ownership at any level carries force—just because it may be legal to own a certain animal under federal law doesn’t mean that it can be kept in a particular state or county/city The onus is on the animal owner to ensure that they are compliant with all relevant laws

5. Federal Law and Regulation There are two main federal agencies with oversight of potentially dangerous animals: The United States Fish and Wildlife Service (USFWS), and The United States Department of Agriculture (USDA) For the animals in question, a good rule of thumb is the USFWS decides if you can have it, and if you can have it the USDA may regulate how you keep it

6. Federal Law and Regulation USFWS and USDA activities concerning potentially dangerous animals fall into three broad categories: Limitations on ownership of certain animals, The international and interstate movement of animals and animal products, and The welfare of certain animals in commerce, exhibition, education, and research

7. Federal Limitations on Ownership The USFWS has responsibility for the primary federal limitations on animal ownership, which concern: Native wildlife on federal lands, and Threatened and Endangered Species

8. The USFWS maintains a list of threatened and endangered species The list contains both native and non-native (under CITES, the Convention on International Trade in Endangered Species) species The possession and sale of these animals (and derived products) is strictly controlled and rigorously enforced

9. Threatened and Endangered Species Species of interest include: Gorillas, chimpanzees, and numerous other primate species Tigers, leopards, and many other felids Several bear and canine species Elephants Most crocodile species Rock Island and Jamaican boas and Indian pythons

10. Threatened and Endangered Species All possession of threatened and endangered species requires a permit: For endangered species, permits may be issued for scientific research, and enhancement of propagation or survival For threatened species, permits also may be issued for zoological, horticultural, or botanical exhibition; educational use; and special purposes consistent with the Endangered Species Act

11. Movement of Animals--USFWS The USFWS generally prohibits the importation of threatened and endangered animals into the country Under the Lacey Act, it is a violation of Federal law to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any wildlife that was taken, transported, possessed, or sold in violation of any State of foreign law. Additional restrictions apply to felids under the Captive Wildlife Safety Act (which amended the Lacey Act). The USFWS sets importation requirements for most other wildlife, and designates specific ports of entry in cooperation with the US Customs Service

12. Movement of Animals—Other Federal Agencies The Centers for Disease Control sets entry requirements for primates (as well as most commonly kept household pets). Importation of primates as pets is not allowed. The USDA sets entry requirements for all agricultural species, as well as other species that pose a risk to agricultural species. This includes elephants, as well as all ruminant species and many bird species.

13. The Federal Animal Welfare Act The Federal Animal Welfare Act (AWA) only applies to specific animals under specific circumstances, not to all animals in the US The responsibility for enforcing the AWA falls to the USDA, it is handled by the Animal Care Division of the Animal & Plant Health Inspection Service

14. AWA—Coverage Applies to warm blooded animals bred and sold for use as pets, used in biomedical research, transported commercially, or exhibited to the public: Animal means any live or dead dog, cat, nonhuman primate, guinea pig, hamster, rabbit, or any other warmblooded animal, which is being used, or is intended for use for research, teaching, testing, experimentation, or exhibition purposes, or as a pet. This term excludes birds, rats of the genus Rattus, and mice of the genus Mus, bred for use in research; horses not used for research purposes; and other farm animals, such as, but not limited to, livestock or poultry used or intended for use as food or fiber, or livestock or poultry used or intended for use for improving animal nutrition, breeding, management, or production efficiency, or for improving the quality of food or fiber. With respect to a dog, the term means all dogs, including those used for hunting, security, or breeding purposes.

15. AWA—Coverage “Research facility" means any school (except an elementary or secondary school), institution, organization, or person that uses or intends to use live animals in research, tests, or experiments, and that (1) purchases or transports live animals in commerce, or (2) receives funds under a grant, award, loan, or contract from a department, agency, or instrumentality of the United States for the purpose of carrying out research, tests, or experiments

16. AWA—Coverage The term "dealer" means any person who, in commerce, for compensation or profit, delivers for transportation, or transports, except as a carrier, buys, or sells, or negotiates the purchase or sale of, (1) any dog or other animal whether alive or dead for research, teaching, exhibition, or use as a pet, or (2) any dog for hunting, security, or breeding purposes, except that this term does not include – (i) a retail pet store except such store which sells any animals to a research facility, an exhibitor, or a dealer; or (ii) any person who does not sell, or negotiate the purchase or sale of any wild animal, dog, or cat, and who derives no more than $500 gross income from the sale of other animals during any calendar year.

17. AWA—Coverage The term "exhibitor" means any person (public or private) exhibiting any animals, which were purchased in commerce or the intended distribution of which affects commerce, or will affect commerce, to the public for compensation, as determined by the Secretary, and such term includes carnivals, circuses, and zoos exhibiting such animals whether operated for profit or not; but such term excludes: retail pet stores, organizations sponsoring and all persons participating in State and country fairs, livestock shows, rodeos, purebred dog and cat shows, and any other fairs or exhibitions intended to advance agricultural arts and sciences, as may be determined by the Secretary

18. AWA—Compliance Facilities/individuals covered must be licensed, and are subject to inspection and enforcement action by the USDA Facilities/individuals covered must provide adequate care and treatment in the areas of housing, handling, sanitation, nutrition, water, veterinary care, and protection from extreme weather and temperatures. Specific to potentially dangerous animals are caging requirements for big cats, barrier requirements for public exhibits, handler experience with potentially dangerous animals, and ensuring a bona Fide activity for licensing

19. State Laws & Regulations There are two primary state agencies with authority over potentially dangerous animals: The Virginia Department of Game and Inland Fisheries (DGIF), which regulates the possession of all native wildlife and certain other listed non-native species The Virginia Department of Agriculture and Consumer Services (VDACS), through the Comprehensive Animal Care laws of the Commonwealth (though the Virginia Department of Health has primary responsibility for rabies control)

20. State Laws & Regulations The relevant laws and regulations administered by DGIF are primarily concerned with who can keep certain animals and under what circumstances The relevant laws administered by VDACS are primarily concerned with animal care and local animal control response to animal issues

21. DGIF Laws & Regulations Under the authority of §§ 29.1-103 and 29.1- 521 of the Code of Virginia it shall be unlawful to take, possess, import, cause to be imported, export, cause to be exported, buy, sell, offer for sale, or liberate within the Commonwealth any wild animal unless otherwise specifically permitted by law or regulation.

22. DGIF Laws & Regulations Under the authority of § 29.1-542, live wolves or coyotes, or birds and animals otherwise classed as predatory or undesirable, may not be imported into the Commonwealth or liberated therein, or possessed therein, except under a special permit of the Board. Non-predatory birds, animals or fish may be imported, but upon arrival in the Commonwealth, shall be subject to the laws governing the possession of such birds, animals and fish in Virginia.

23. DGIF Laws & Regulations 4 VAC 15-30-40 - Importation requirements, possession and sale of nonnative (exotic) animals. A. Permit required. A special permit is required and may be issued by the department, if consistent with the department's fish and wildlife management program, to import, possess, or sell those nonnative (exotic) animals listed that the board finds and declares to be predatory or undesirable within the meaning and intent of § 29.1-542 of the Code of Virginia, in that their introduction into the Commonwealth will be detrimental to the native fish and wildlife resources of Virginia.

24. DGIF Laws & Regulations 4 VAC 15-30-40 – Regulated Animals All species of Canidae; including wild dogs, wolves, coyotes or coyote hybrids, jackals and foxes All species of Ursidae; bears All species of Felidae; wild cats All species of Alligatoridae, Crocodylidae, and Gavialidae; alligators, crocodiles and gavials Boiga irregularis, the brown tree snake Many other small or rare carnivores and rodent species

25. DGIF Laws & Regulations 4 VAC 15-30-40 – Permit Eligibility Must be licensed by the USDA under the AWA if holding subject species; and In addition to USDA licensure, must have a bona fide educational purpose for possessing the animal that involves the public;

26. DGIF Laws & Regulations 4 VAC 15-30-40 – Permit Conditions Subject to inspection at any time by DGIF Must be open to the public & have educational displays Must be confined under sanitary conditions and not permanently restrained by a rope, chain, etc. Must ensure that all reptiles are prevented from escape and if poisonous to not endanger people Must have sufficient liability insurance Must notify DGIF of escape, and be responsible for the expense of recovery efforts

27. DGIF Laws & Regulations Any possession of native wildlife or naturalized wildlife, federally listed threatened or endangered animals, cervidae, or the animals listed in 4 VAC 15-30-40 requires a permit. There is no scope for private “pet” ownership of these animals It is legal under Virginia state law and regulation to possess any other animal

28. VDACS Laws & Regulations VDACS has primary responsibility at the state level for Chapter 65 of Title 3.2 of the Code of Virginia, otherwise known as the Comprehensive Animal Care laws of the Commonwealth This responsibility is given to the State Veterinarian and his representatives Most actual enforcement authority, particularly in regard to private animal owners, falls to local governments

29. VDACS Laws & Regulations The State Veterinarian has broad authority to limit animal/animal product importation and impose quarantines on animals, but only in response to specific threats to livestock or poultry health and only for defined durations The State Veterinarian has authority to quarantine specific imported companion animals in response to specific import violations The State Veterinarian does not have the authority to generally prohibit importation of any certain class of animals, nor to prohibit ownership of any certain class of animal

30. VDACS Laws & Regulations Title 3.2 views animals as falling into four general categories: Agricultural Animals Companion Animals Game Species Research Animals

31. VDACS Laws & Regulations Companion Animals "Companion animal" means any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal that is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any animals regulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter.

32. VDACS Laws & Regulations - Non-Native Species = Companion Animal VDACS Laws & Regulations - Non-Native Species = Companion Animal Most of the species under consideration are actually considered companion animals under Title 3.2 If it is not a native species or agricultural animal, it has to be a companion animal—there is no scope for non-coverage Title 3.2 does set precedent for control of companion animal ownership, but not prohibition to date.

33. VDACS Laws & Regulations Under 3.2-6503, every companion animal owner must provide: Adequate Feed Adequate Water Adequate Shelter that is properly cleaned Adequate Space in the primary enclosure Adequate Exercise Adequate Care, Treatment, and Transportation Veterinary Care when needed or to prevent suffering or disease transmission Violations of these provisions are Class 4 Misdemeanors, Class 2 or 3 for repeat offenders Violations of these provisions are Class 4 Misdemeanors, Class 2 or 3 for repeat offenders

34. VDACS Laws & Regulations "Adequate space" means sufficient space to allow each animal to: (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal; and (ii) interact safely with other animals in the enclosure. When an animal is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age and size of the animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least three times the length of the animal, as measured from the tip of its nose to the base of its tail, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space.

35. VDACS Laws & Regulations "Adequate feed" means access to and the provision of food that is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species.

36. Local Ordinances Local Governments have the broadest authority to control or prohibit animal ownership of any level of government through ordinances Many local governments have exercised this authority to either explicitly list animals that cannot be kept within their jurisdiction, or require a permit to keep such animals Many local governments have also placed additional requirements for care or housing, or limited the number of animals that can be kept

37. Authority for Local Ordinance § 3.2-6544. Regulation of keeping of animals and fowl. A. Any locality may, for the preservation of public health, regulate by ordinance the keeping of animals or fowl, other than dogs and cats, within a certain distance of residences or other buildings or wells, springs, streams, creeks, or brooks, and provide that all or certain of such animals shall not be kept within certain areas. B. Any locality may, by ordinance, prohibit cruelty to and abuse of animals and fowl; and may regulate or prohibit the running at large and the keeping of animals and fowl and provide for the impounding and confiscation of any such animal or fowl found at large or kept in violation of such regulations. Any such ordinance may require that owners of any exotic or poisonous animal found running at large pay a fee to cover the locality's actual cost in locating and capturing or otherwise disposing of the animal.

38. Example—Town of South Hill It shall be unlawful for any person to keep or raise in the town certain animals generally not considered domestic or household pets, including, but not limited to, alpacas, chickens, cows, emus, goats, hogs, horses, pigs, ponies, sheep, or any other creature that may reasonably be considered a farm animal or livestock. Further, it shall be unlawful for any person to keep or raise in the town exotic animals or animals that typically live in the wild, including, but not limited to, alligators, apes, bears, chimpanzees, foxes, lions, monkeys, raccoons, reptiles, snakes, squirrels, tigers, wolves or any other creature that is generally not considered a domestic pet.

39. Example—City of Fairfax Vicious animal means any animal or animals that constitute a physical threat to human beings or other animals, but not including guard dogs. Wild or exotic animal means any live monkey (nonhuman primate), raccoon, skunk, wolf, squirrel, fox, leopard, panther, tiger, lion, lynx or other warm-blooded animal, poisonous snake, constrictor snake in excess of six feet in length, tarantula, crocodile or alligator which can normally be found in the wild state or any other member of crocodilian, including, but not limited to, alligators, crocodiles, caimans and gavials. Ferrets, rabbits and laboratory rats which have been bred in captivity and which have never known the wild and any animal specifically trained to assist a handicapped person shall be excluded from this definition.

40. Example—City of Fairfax No person shall keep or permit to be kept on his premises any wild, exotic or vicious animal for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to zoological parks, performing animals, exhibitions, circuses or veterinary clinics which are properly licensed by the federal government or the commonwealth. In no case, however, shall such wild or exotic animals be exhibited or displayed in such a manner that persons other than their handlers come in direct physical contact with such animals. No person shall keep or permit to be kept any wild, exotic or vicious animal as a pet.

41. Example—Hanover County No person shall keep or permit to be kept on his premises any wild, exotic or vicious animal, unless that person shall have previously obtained a permit from the county for such animal, except that persons holding a category I, II, or III wildlife rehabilitation permit issued by the state department of game and inland fisheries may possess native wild animals for the purpose of rehabilitation pursuant to the conditions of their wildlife rehabilitation permit.

42. Example—Hanover County No permit shall be approved by the chief animal control officer or the board of supervisors unless the applicant has demonstrated in the application: That the wild, exotic or vicious animal(s) will be securely enclosed at all times in a manner that is appropriate for the character of the animal; That the animal(s) will be provided with an appropriate habitat and be properly fed, cared for and handled; That the keeping of such animal(s) on the premises is consistent with the nature and character of the neighborhood; That the owner has obtained any federal or state permits required for possession of that particular species of animal(s); and That, for vicious animals, the owner has obtained a surety bond or liability insurance or bond in the amount of fifty thousand dollars ($50,000.00) which covers incidents or occurrences involving the vicious animal.

43. Summary—Federal Law The ownership of threatened and endangered species is highly restrictive, otherwise federal law does not generally limit animal ownership People or facilities that are dealers (including many breeders) or exhibitors of most species of warm-blooded mammals may be regulated by the USDA under the Animal Welfare Act

44. Summary—State Law The Department of Game & Inland Fisheries strictly controls the ownership of native and naturalized wildlife, as well as non-native deer and other non-native listed species. All other species are legal to own under state law. The Comprehensive Animal Care laws place care requirements on the owners of most non-native wildlife species

45. Summary—Local Ordinances Local governments have broad authority to enact ordinances either prohibiting or restricting the ownership of any species of animal Many local governments have exercised this authority

46. Questions? “Dr. Daniel Kovich was wrongly attributed with saying a healthy cow has at least 90 percent body fat. He said a healthy cow has at least 90 percent bone marrow fat.”