1. Federal, State, and Local Limitations on Potentially Dangerous Animal Ownership—A Review 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 Review: 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. 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

4. 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

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

6. Threatened and Endangered Species 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 international and interstate movement of these animals (and derived products) is strictly controlled and rigorously enforced

7. 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

8. 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

9. 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.

10. 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

11. 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. Applies to Research Facilities, Dealers, and Exhibitors. Does not apply to pet stores, animal shelters, and private owners who do not exhibit/deal in such animals.

12. 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

13. 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)

14. 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

15. 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.

16. 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.

17. 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.

18. 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

19. 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; and Permit holders must meet several other requirements.

20. 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

21. 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

22. 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

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

24. 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.

25. 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

26. 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

27. 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.

28. Questions?