DAR File No. 39719

Natural Resources, Wildlife Resources

Rule R657-3

Collection, Importation, Transportation, and Possession of Animals

Notice of Proposed Rule

(Amendment)

DAR File No.: 39719
Filed: 09/08/2015 01:51:49 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended pursuant to Regional Advisory Council and Wildlife Board meetings conducted for taking public input and reviewing the Division of Wildlife Resources' (DWR) animal program.

Summary of the rule or change:

The amendments to this rule amend the status of the tenrec (Tenrecidae) from "controlled for collection, importation, and possession" to "uncontrolled."

State statutory or constitutional authorization for this rule:

• Section 23-20-3
• Section 23-14-18
• Section 23-14-19
• Section 63-30-1
• Section 23-13-14

Anticipated cost or savings to:

the state budget:

The amendment makes necessary classification changes to allow for the possession of Tenrecs. DWR determines that these amendments will not create any cost or savings impact to the state budget or DWR's budget, since the changes will not increase workload and can be carried out with existing budget.

local governments:

None--This filing does not create any direct cost or savings impact to local governments because they are not directly affected by the rule. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments.

small businesses:

These amendments make the necessary classification changes to allow for the possession of tenrecs. Therefore, this rule does not impose any additional financial requirements small businesses.

persons other than small businesses, businesses, or local governmental entities:

These amendments make the necessary classification changes to allow for the possession of tenrecs. Therefore, this rule does not impose any additional financial requirements on persons, nor generate a cost or saving impact to other persons.

Compliance costs for affected persons:

The amendments allow for the possession of tenrecs and removes the classification from Rule R657-3. DWR determines that there are no additional compliance costs associated with this amendment.

Comments by the department head on the fiscal impact the rule may have on businesses:

The amendments to this rule do not create an impact on businesses.

Michael R. Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Wildlife Resources
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Staci Coons at the above address, by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/02/2015

This rule may become effective on:

11/09/2015

Authorized by:

Gregory Sheehan, Director

R657. Natural Resources, Wildlife Resources.

R657-3. Collection, Importation, Transportation, and Possession of Animals.

R657-3-1. Purpose and Authority.

(1) Under Title 23, Wildlife Resources Code of Utah and in accordance with a memorandum of understanding with the Department of Agriculture and Food, Department of Health, and the Division of Wildlife Resources, this rule governs the collection, importation, exportation, transportation, and possession of animals and their parts.

(2) Nothing in this rule shall be construed as superseding the provisions set forth in Title 23, Wildlife Resources Code of Utah. Any provision of this rule setting forth a criminal violation that overlaps a section of that title is provided in this rule only as a clarification or to provide greater specificity needed for the administration of the provisions of this rule.

(3) In addition to this rule, the Wildlife Board may allow the collection, importation, transportation, propagation and possession of species of animal species under specific circumstances as provided in Rules R657-4 through R657-6, R657-9 through R657-11, R657-13, R657-14, R657-16, R657-19, R657-20 through R657-22, R657-33, R657-37, R657-38, R657-40, R657-41, R657-43, R657-44, R657-46 and R657-52 through R657-60. Where a more specific provision has been adopted, that provision shall control.

(4) The importation, distribution, relocation, holding in captivity or possession of coyotes and raccoons in Utah is governed by the Agricultural and Wildlife Damage Prevention Board and is prohibited under Section 4-23-11 and Rule R657-14, except as permitted by the Utah Department of Agriculture and Food.

(5) This rule does not apply to division employees acting within the scope of their assigned duties.

(6) The English and scientific names used throughout this rule for animals are, at the time of publication, the most widely accepted names. The English and the scientific names of animals change, and the names used in this rule are to be considered synonymous with names in earlier use and with names that, at any time after publication of this rule, may supersede those used herein.

 

R657-3-2. Species Not Covered by This Rule.

The following species of animals are not governed by this rule:

(1) Alpaca (Lama pocos);

(2) Ass or donkey (Equus asinus);

(3) American bison, privately owned (Bos bison);

(4) Camel (Camelus bactrianus and Camelus dromedarius);

(5) Cassowary (All species)(Casuarius);

(6) Cat, domestic, including breeds that are recognized by The International Cat Association as Preliminary New, Advanced New, Non-championship, and Championship Breeds (Felis catus);

(7) Cattle (Bos taurus taurus);

(8) Chicken (Gallus gallus);

(9) Chinchilla (Chinchilla laniger);

(10) Dog, domestic including hybrids between wild and domestic species and subspecies (Canis familiaris);

(11) Ducks distinguishable morphologically from wild birds (Anatidae);

(12) Elk, privately owned (Cervus elaphus canadensis);

(13) Emu (Dromaius novaehollandiae);

(14) Ferret or polecat, European (Mustela putorius);

(15) Fowl (guinea) (Numida meleagris);

(16) Fox, privately owned, domestically bred and raised (Vulpes vulpes);

(17) Geese, distinguishable morphologically from wild geese (Anatidae);

(18) "Gerbils" or Mongolian jirds (Meriones unguiculatus);

(19) Goat (Capra hircus);

(20) Hamster (All species) (Mesocricetus spp.);

(21) Hedgehog (white bellied)(Erinaceideae atelerix albiventris)

(22) Horse (Equus caballus);

(23) Llama (Lama glama);

(24) American Mink, privately owned, ranch-raised (Neovison vision);

(25) Mouse, house (Mus musculus);

(26) Mule and hinny (hybrids of Equus caballus and Equus asinus);

(27) Ostrich (Struthio camelus);

(28) Peafowl (Pavo cristatus);

(29) Pig, guinea (Cavia porcellus);

(30) Pigeon (Columba livia);

(31) Rabbit, European (Oryctolagus cuniculus);

(32) Rats, Norway and Black (Rattus norvegicus and Rattus rattus);

(33) Rhea (Rhea americana);

(34) Sheep (Ovis aries);

(35) Sugar glider (Petaurus breviceps);

(36) Swine, domestic (Sus scrofa domesticus);

(37) Tenrec (Tenrecidae);

(38) Turkey, privately owned, pen-raised domestic varieties (Meleagris gallopavo). Domestic varieties means any turkey or turkey egg held under human control and which is imprinted on other poultry or humans and which does not have morphological characteristics of wild turkeys;

([38]39) Water buffalo (Bubalis arnee);

([39]40) Yak (Bos mutus); and

([40]41) Zebu, or "Brahma" (Bos taurus indicus)

 

R657-3-24. Classification and Specific Rules for Mammals.

(1) Mammals are classified as follows:

(a) Monotremes (platypus and spiny anteaters), (All species) families Ornithorhynchidae and Tachyglossidae are prohibited for collection, and controlled for importation and possession;

(b) Marsupials are classified as follows:

(i) Virginia opossum, (Didelphis virginiana) family Didelphidae is noncontrolled for collection, prohibited for importation and controlled for possession;

(ii) Wallabies, wallaroos and kangaroos, (All species) family Macropodidae are prohibited for collection, importation and possession;

(c) Bats and flying foxes (All families, All species) (order Chiroptera), are prohibited for collection, importation and possession;

(d) Insectivores (all groups, All species) are controlled for collection, importation and possession;

(e) Hedgehogs[and tenrecs, families] (Erinaceidae[and Tenrecidae]) except white bellied hedgehogs are controlled for collection, importation and possession;

(f) Shrews,(Sorex spp. and Notisorex spp.) family Sorcidae are controlled for collection, importation and possession;

(g) Anteaters, sloths and armadillos (All families, All species) (order Xenartha), are prohibited for collection, and controlled for importation and possession;

(h) Aardvark (Orycteropus afer) family Orycteropodidae is prohibited for collection, and controlled for importation and possession;

(i) Pangolins or scaly anteaters (Manis spp.,) (order Philodota) are prohibited for collection and importation, and controlled for possession;

(j) Tree shrews (All species) family Tupalidae are prohibited for collection, and controlled for importation and possession;

(k) Lagomorphs (rabbits,hares and pikas) are classified as follows:

(i) Jackrabbits, (Lepus spp.) family Leporidae are noncontrolled for collection, and controlled for importation and possession;

(ii) Cottontails, (Syvilagus spp.) family Leporidae are prohibited for collection, and controlled for importation and possession;

(iii) Pygmy rabbit, (Brachylagus idahoensis) family Leporidae is prohibited for collection, and controlled for importation and possession;

(iv) Snowshoe hare, (Lepus americanus) family Leporidae is prohibited for collection, and controlled for importation and possession;

(v) Pika, (Ochotona princeps) family Ochotonidae is controlled for collection, importation and possession;

(l) Elephant shrews (All species) family Macroscelididae are prohibited for collection, and controlled for importation and possession;

(m) Rodents (order Rodentia) are classified as follows:

(i) Beaver, (Castor canadensis) family Castoridae is controlled for collection, importation and possession;

(ii) Muskrat, (Ondatra zibethicus) family Muridae are noncontrolled for collection, and controlled for importation and possession;

(iii) Deer mice and related species, (Peromyscus spp.) family Muridae are controlled for collection, importation and possession;

(iv) Grasshopper mice, (Onychomys spp.) family Muridae are controlled for collection, importation and possession;

(v) Voles (All genera and species), family Muridae, subfamily Microtinae are controlled for collection, importation and possession;

(vi) Western harvest mouse, (Reithrodontomys megalotis) family Muridae is controlled for collection, importation and possession;

(vii) Woodrats, (Neotoma spp.) family Muridae are controlled for collection, importation and possession;

(viii) Nutriaor coypu, (Myocastor coypus) family Myocastoridae is noncontrolled for collection, prohibited for importation and controlled for possession;

(ix) Pocket gophers (All species, except the Idaho pocket gopher (Thomomys idahoensis)) family Geomyidae are noncontrolled for collection, and controlled for importation and possession;

(x) Pocket mice, (Perognathus spp. and Chaetodipus intermedius)family Heteromyidae are controlled for collection, importation and possession;

(xi) Dark kangaroo mouse, (Microdipodops pallidus) family Heteromyidae is controlled for collection, importation and possession;

(xii) Kangaroo rats, (Dipodomys spp.) family Heteromyidae are controlled for collection, importation and possession;

(xiii) Abert's squirrel, (Sciurus aberti) family Sciuridae is prohibited for collection, importation and possession;

(xiv) Black-tailed prairie dog, (Cynomys ludovicianus)family Sciuridae is controlled for collection, and prohibited for importation and possession;

(xv) Gunnison's prairie dog, (Cynomys gunnisoni)family Sciuridae is controlled for collection, importation and possession;

(xvi) Utah prairie dog, (Cynomys parvidens) family Sciuridae is controlled for lethal take, and prohibited for live collection, importation and possession;

(xvii) White-tailed prairie dog, (Cynomys leucurus) family Sciuridae is controlled for collection, importation and possession;

(xviii) Chipmunks, All species except yellow-pine chipmunk(Neotamias amoenus) family Sciuridae are noncontrolled for collection, and controlled for importation and possession;

(xix) Yellow-pine chipmunk, (neotamias amoenus) family Sciuridae is controlled for collection, importation and possession;

(xx) Northern flying squirrel, (Glaucomys sabrinus) family Sciuridae is controlled for collection, importation and possession;

(xxi) Southern flying squirrel, (Glaucomys volans) family Sciuridae is prohibited for collection, importation and possession;

(xxii) Fox squirrel or eastern fox squirrel (Sciurus niger) family Sciuridae is prohibited for collection, importation, and possession;

(xxiii) Ground squirrel and rock squirrel, and antelope squirrels (All species, All genera), family Sciuridae are controlled for collection, importation and possession, except nuisance squirrels which are noncontrolled for collection;

(xxiv) Red squirrel, (Tamiasciurus hudsonicus) family Sciuridae are controlled for collection, importation and possession, except for nuisance animals, which are noncontrolled for collection;

(xxv) Yellow-bellied marmot, (Marmota flaviventris) family Sciuridae is controlled for collection, importation and possession;

(xxvi) Western jumping mouse, (Zapus princeps) family Zapodidae is controlled for collection, importation and possession;

(xxvii) Porcupine, (Erethizon dorsatum) family Erethizontidae is controlled for collection, importation and possession;

(xxviii) Degus and other South American rodents,family Octodontidae (All species) are prohibited for collection, importation and possession;

(xxvix) Dormice, families Gliridae and Selevinidae (All species) are prohibited for collection, importation and possession;

(xxx) African pouched rats, family Muridae (All species) are prohibited for collection, importation and possession;

(xxxi) Jirds, (Meriones spp.) family Muridae are prohibited for collection, importation and possession;

(xxxii) Mice, (All species of Mus) family Muridae, except Mus musculus are prohibited for collection, importation and possession;

(xxxiii) Spiny mice, (Acomys spp.) family Muridae are prohibited for collection, importation and possession;

(xxxiv) Hyraxes (All species) family Procaviidae are prohibited for collection, and controlled for importation and possession;

(xxxv) Idaho pocket gopher, (Thomomys idahoensis) family Geomyidae is controlled for collection, importation and possession.

(n) Hoofed mammals (Artiodactyla and Perissodactyla) are classified as follows:

(i) American bison or "buffalo" wild and free ranging, (Bos bison) family Bovidae is prohibited for collection, importation and possession;

(ii) Collared peccary or javelina, (Tayassu tajacu) family Tayassuidae is prohibited for collection, importation and possession;

(iii) Axis deer, (Cervus axis) family Cervidae is prohibited for collection, importation and possession;

(iv) Caribou, wild and free ranging, (Rangifer tarandus) family Cervidae is prohibited for collection, importation and possession;

(v) Caribou, captive-bred, (Rangifer tarandus) family Cervidae is prohibited for collection, and controlled for importation and possession;

(vi) Elkor red deer (Cervus elaphus), wild and free ranging, family Cervidae is prohibited for collection, importation and possession;

(vii) Fallow deer, (Cervus dama), wild and free ranging, family Cervidae is prohibited for collection, importation and possession;

(viii) Fallow deer, (Cervus dama) captive-bred, family Cervidae is prohibited for collection, and controlled for importation and possession;

(ix) Moose, (Alces alces) family Cervidae is prohibited for collection, importation and possession;

(x) Mule deer, (Odocoileus hemionus) family Cervidae is prohibited for collection, importation and possession;

(xi) White-tailed deer (Odocoileus virginianus), family Cervidae is prohibited for collection, importation and possession;

(xii) Rusa deer, (Cervus timorensis) family Cervidae is prohibited for collection, importation and possession;

(xiii) Sambar deer, (Cervus unicolor) family Cervidae is prohibited for collection, importation and possession;

(xiv) Sika deer, (Cervus nippon) family Cervidae is prohibited for collection, importation and possession;

(xv) Muskox, (Ovibos moschatus), wild and free ranging, family Bovidae is prohibited for collection, importation and possession;

(xvi) Muskox, (Ovibos moschatus), captive-bred, family Bovidae is prohibited for collection, and controlled for importation and possession;

(xvii) Pronghorn, (Antilocapra americana) family Antilocapridae is prohibited for collection, importation and possession;

(xviii) Barbary sheep or aoudad, (Ammotragus lervia) family Bovidae is prohibited for collection, importation and possession;

(xix) Bighorn sheep (Ovis canadensis) (including hybrids)family Bovidae are prohibited for collection, importation and possession;

(xx) Dall's and Stone's sheep (Ovis dalli) (including hybrids) family Bovidae are prohibited for collection, importation and possession;

(xxi) Exotic wild sheep (including mouflon, Ovis musimon; Asiatic or red sheep, Ovis orientalis;urial, Ovis vignei;argali, Ovis ammon; and snow sheep, Ovis nivicola), including hybrids, family Bovidae are prohibited for collection, importation and possession;

(xxii) Rocky Mountain goat, (Oreamnos americanus) family Bovidae is prohibited for collection, importation and possession;

(xxiii) Ibex, (Capra ibex) family Bovidae is prohibited for collection, importation and possession;

(xxiv) Wild boar or pig (Sus scrofa), including hybrids, are prohibited for collection, importation and possession;

(o) Carnivores (Carnivora) are classified as follows:

(i) Bears, (All species) family Ursidae are prohibited for collection, importation and possession;

(ii) Coyote, (Canis latrans) family Canidae is prohibited for importation, and is controlled by the Utah Department of Agriculture for collection and possession;

(iii) Fennec, (Vulpes zerda) family Canidae is prohibited for collection, importation and possession;

(iv) Gray fox, (Urocyon cinereoargenteus) family Canidae is prohibited for collection, importation and possession;

(v) Kit fox, (Vulpes macotis) family Canidae is prohibited for collection, importation and possession;

(vi) Red fox, (Vulpes vulpes) family Canidae, as applied to animals in the wild or taken from the wild, is noncontrolled for lethal take and prohibited for live collection, possession, or importation;

(vii) Gray wolf, (Canis lupus) except hybrids with domestic dogs, family Canidae is prohibited for collection, importation and possession;

(viii) Wild Cats (All species, including hybrids) family Felidae are prohibited for collection, importation, and possession;

(ix) Bobcat, (Lynx rufus) wild and free ranging, family Felidae is prohibited for collection, importation and possession;

(x) Bobcat, (Lynx rufus) captive-bred, family Felidae is prohibited for collection, and controlled for importation and possession;

(xi) Cougar, puma or mountain lion, (Puma concolor) family Felidae is prohibited for collection, importation and possession;

(xii) Canada lynx, (Lynx lynx) wild and free ranging, family Felidae is prohibited for collection, importation and possession;

(xiii) Eurasian lynx, (Lynx lynx) captive-bred, family Felidae is prohibited for collection, and controlled for importation and possession;

(xiv) American badger, (Taxidea taxus) family Mustelidae is prohibited for collection, importation and possession;

(xv) Black-footed ferret, (Mustela nigripes) family Mustelidae is prohibited for collection, importation or possession;

(xvi) Ermine, stout, or short-tailed weasel, (Mustela erminea)family Mustelidae is prohibited for collection, importation and possession;

(xvii) Long-tailed weasel (Mustela frenata) family Mustelidae is prohibited for collection, importation and possession;

(xviii) American marten, (Martes americana) wild and free ranging, family Mustelidae is prohibited for collection, importation and possession;

(xix) American marten, (Martes americana) captive-bred, family Mustelidae is prohibited for collection, controlled for importation and possession;

(xx) American mink, (Neovison vison) except domestic forms, family Mustelidae is prohibited for collection, importation and possession;

(xxi) Northern river otter, (Lontra canadensis) family Mustelidae is prohibited for collection, importation and possession;

(xxii) Striped skunk, (Mephitis mephitis) family Mephitidae is prohibited for collection, importation, and possession, except nuisance skinks, which are noncontrolled for collection;

(xxiii) Western spotted skunk, (Spilogale gracilis) family Mephitidae is prohibited for collection, importation, and possession;

(xxiv) Wolverine ,(Gulo gulo) family Mustelidae is prohibited for collection, importation and possession;

(xxv) Coatis, (Nasua spp. and Nasuella spp.) family Procyonidae are prohibited for collection, importation and possession;

(xxvi) Kinkajou, (Potos flavus) family Procyonidae is prohibited for collection, importation and possession;

(xxvii) Northern Raccoon, (Procyon lotor) family Procyonidae is prohibited for importation, and controlled by the Department of Agriculture for collection and possession;

(xxviii) Ringtail, (Bassariscus astutus) family Procyonidae is prohibited for collection, importation and possession;

(xxix) Civets, genets and related forms, (All species) family Viverridae are prohibited for collection, importation and possession;

(p) Primates are classified as follows:

(i) Lemurs, (All species) family Lemuridae are prohibited for collection, importation and possession;

(ii) Dwarf and mouse lemurs, (All species) family Cheirogaleidae are prohibited for collection, importation and possession;

(iii) Indri and sifakas, (All species) family Indriidae are prohibited for collection, importation and possession;

(iv) Aye aye, (Daubentonia madagasciensis) family Daubentonidae is prohibited for collection, importation and possession;

(v) Bush babies, pottos and lorises, (All species) family Lorisidae are prohibited for collection, importation and possession;

(vi) Tarsiers, (All species) family Tarsiidae are prohibited for collection, importation and possession;

(vii) New World monkeys, (All species) family Cebidae are prohibited for collection, importation and possession;

(viii) Marmosets and tamarins, (All species) family Callitrichidae are prohibited for collection, importation and possession;

(ix) Old-world monkeys, (All species) which includes baboons and macaques, family Cercopithecidae are prohibited for collection, importation and possession;

(x) Great apes (All species), which include gorillas, chimpanzees and orangutans, family Hominidae are prohibited for collection, importation and possession;

(xi) Lesser apes (Siamang and gibbons, All species), family Hylobatidae are prohibited for collection, importation and possession;

(2) All species and subspecies of mammals and their parts, not listed in Subsection (1):

(a) and not listed in Appendix I or II of CITES are classified as prohibited for collection and controlled for importation and possession;

(b) and listed in Appendix I of CITES are classified as prohibited for collection and importation and controlled for possession;

(c) and listed in Appendix II of CITES are classified as prohibited for collection and controlled for importation and possession.

 

KEY: wildlife, animal protection, import restrictions, zoological animals

Date of Enactment or Last Substantive Amendment: [ May 8, ]2015

Notice of Continuation: March 5, 2013

Authorizing, and Implemented or Interpreted Law: 23-14-18; 23-14-19; 23-20-3; 23-13-14; 63G-7-101 et seq.