Administrative rule R657-3a

Collection, importation, transportation and possession of animals

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R657-3a-1. Purpose and Authority.

(1) Under Title 23A, the Wildlife Resources Code of Utah and in accordance with a memorandum of understanding between the division, the Utah Department of Agriculture and Food, and the Utah Department of Health and Human Services, this rule governs the collection, importation, transportation and possession of animals and animal parts.

(2) Nothing in this rule shall be construed as superseding the provisions set forth in Title 23A, the 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 this rule.

(3) In addition to this rule, the Wildlife Board may allow for collection, importation, transportation, propagation and possession of animal species under specific circumstances as provided elsewhere in Title R657. Where a more specific provision has been adopted, that provision shall control.

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

(5) 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 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 in this rule.

(6) Nothing in this rule or in the issuance of a certificate of registration shall be construed as creating a property right and certificates of registration are subject to change.

(7) Nothing in this rule is intended to authorize an activity that is otherwise prohibited by federal law, rules of the Utah Department of Agriculture and Food, or properly enacted restrictions imposed by local government entities.

(8) The division, in consultation with the Utah Department of Agriculture and Food and the Utah Department of Health and Human Services, will be responsible for:

(a) reviewing:

(i) petitions to reclassify species and subspecies of animals; and

(ii) requests for variances to this rule; and

(b) making recommendations to the Wildlife Board.

(9) The division shall require a fee for the submission of a request provided in Sections R657-3a-8 and R657-3a-9.

(10) Certificates of registration issued by the division before the effective date of this rule are valid. Specific terms contained in each certificate of registration issued before the effective date of this rule remain in effect and are not impacted by any inconsistency created by this rule.

R657-3a-2. Definitions.

(1) Terms used for purposes of this rule are defined in Section 23A-1-101 and Subsection (2) through Subsection (24).

(2)(a) "Animal" means:

(i) native, naturalized, and nonnative animals belonging to a species that naturally occurs in the wild, including animals captured from the wild or born or raised in captivity;

(ii) hybrids of any native, naturalized, or nonnative species or subspecies of animal, including hybrids between wild and domestic species or subspecies; and

(iii) viable embryos or gametes (eggs or sperm) of any native, naturalized or nonnative species or subspecies of animals.

(b) For purposes of this rule, "Animal" does not include species or subspecies from the Class of Amphibia or Reptilia, which are guided by Rule R657-53.

(3) "Captive-bred" means any privately owned animal, which is born inside of and has spent its entire life in captivity, and is the offspring of privately owned animals that are born inside of and have spent their entire life in captivity.

(4) "Certificate of registration" means, for the purposes of this rule, an official document issued by the division authorizing the collection, importation, transportation and possession of an animal or animals.

(5) "Certificate of veterinary inspection" means an official health authorization issued by an accredited veterinarian required for the importation of animals, as provided in Rule R58-1.

(6) "CFR" means the Code of Federal Regulations.

(7) "Collect" means to take, catch, capture, salvage, or kill any animal within Utah.

(8) "Commercial use" means any activity through which a person in possession of an animal:

(a) receives any consideration for that animal or for a use of that animal; or

(b) expects to recover all or any part of the cost of keeping the animal through selling, bartering, trading, exchanging, breeding or other use, including displaying the animal for entertainment, advertisement or business promotion.

(9) "Controlled species" means a species or subspecies of animal that if taken from the wild, introduced into the wild, or held in captivity, threatens to pose a significant detrimental impact to wild populations, the environment, or human health or safety, and for which a certificate of registration is required.

(10) "Domestic" means an animal notably different from its wild ancestors because of selective breeding and taming in captivity by humans for food, commodities, transportation, assistance, work, protection, companionship, display and other beneficial purposes.

(11) "Educational use" means the possession and use of an animal for conducting educational activities.

(12) "Entry permit number" means a number issued by the state veterinarian's office to a veterinarian signing a certificate of veterinary inspection.

(13) "Import" means to bring or cause an animal to be brought into Utah by any means.

(14) "Native species" means any species or subspecies of animal that historically occurred in Utah and has not been introduced by humans or migrated into Utah because of human activity.

(15) "Naturalized species" means any species or subspecies of animal that is not native to Utah but has established a wild, self-sustaining population in Utah.

(16) "Noncontrolled species" means a species or subspecies of animal that, if taken from the wild, introduced into the wild, or held in captivity, likely poses minimal or no detrimental impact to wild populations, the environment, or human health or safety, and for which a certificate of registration is not required, unless otherwise specified.

(17) "Nonnative species" means a species or subspecies of animal that is not native to Utah.

(18) "Personal use" means the possession and use of an animal where no consideration for the possession or use of the animal is received by selling, bartering, trading, exchanging, breeding, hunting or any other use.

(19) "Possession" means to physically keep or to exercise dominion or control over a live or dead animal, or animal parts.

(20)(a) "Prohibited species" means a species or subspecies of animal that, if taken from the wild, introduced into the wild or held in captivity, poses a significant detrimental impact to wild populations, the environment, or human health or safety, and for which a certificate of registration shall only be issued under special circumstances as approved by the division.

(b) "Prohibited species" also means a species or subspecies that has not gone through the division's species classification process.

(21) "Scientific use" means the possession and use of an animal for conducting scientific research that is directly or indirectly beneficial to wildlife or the general public.

(22) "Transport" means to move or cause to move any animal within Utah by any means.

(23) "Wildlife Registration Office" means the division office in Salt Lake City responsible for processing applications and issuing certificates of registration.

R657-3a-3. Collection of Animals and Animal Parts.

(1) An individual may collect a dead animal or animal parts listed as controlled or prohibited for personal, commercial, or scientific use as follows:

(a) A certificate of registration may be issued for personal use, except as otherwise provided in Title R657 and the Wildlife Board's guidebooks.

(b) A certificate of registration may be issued for commercial use.

(c) A certificate of registration may be issued for scientific and educational uses if:

(i) the applicant is a university, college, governmental agency, bona fide nonprofit institution, or person involved in wildlife research; and

(ii) in the opinion of the division, the scientific or educational use is beneficial to wildlife or significantly benefits the general public without material detriment to wildlife.

R657-3a-4. Importation of Animals and Animal Parts.

(1) As provided in Rule R58-1, the Utah Department of Agriculture and Food requires a valid certificate of veterinary inspection and an entry permit number before any live animal may be imported into Utah.

(2) A certificate of registration number may be issued to obtain an entry permit number and the entry permit number must in turn be provided to the division before final approval and issuance of the certificate of registration.

(3) A person may import an animal classified as controlled for personal, commercial and scientific and educational uses only after obtaining a certificate of registration from the division.

R657-3a-5. Transportation of Animals and Animal Parts.

(1) A person may transport an animal classified as controlled for personal, commercial and scientific and educational uses only after obtaining a certificate of registration from the division.

(2) Any controlled or prohibited animal species may be transported through Utah without a certificate of registration if:

(a) the animal remains in Utah no more than 72 hours;

(b) the animal is not sold, transferred, exhibited, displayed or used for a commercial use while in Utah; and

(c) the animal is a raptor used for falconry purposes in compliance with the requirements in Rule R657-20.

(3) A certificate of veterinary inspection is required from the state of origin as provided in Rule R58-1 and proof of legal possession must accompany the animal.

(4) If delays in transportation arise, an extension of the 72 hours may be requested by contacting the Wildlife Registration Office in Salt Lake City.

(5) None of the provisions in this section will be construed to supersede Sections R657-20-14 and R657-20-30.

(6) A person shipping live animals directly to a state other than Utah or to a federally regulated establishment for immediate euthanasia and processing is not required to obtain a certificate of registration or certificate of veterinary inspection, provided the animal is accompanied by a waybill or other proof of legal ownership describing the animals, their source, and indicating the destination.

R657-3a-6. Possession of Animals and Animal Parts.

(1) An individual shall obtain a certificate of registration before possession of a live animal classified as controlled.

(2) A certificate of registration is not required for possessing a live animal classified as noncontrolled.

(3) Any animal or animal parts in a person's possession must originate from a legal source.

(4)(a) A person who lawfully possesses an animal classified as controlled or prohibited may transfer possession of that animal to another person only after that person first applies for and obtains a certificate of registration from the division for that animal.

(b) The division may issue a certificate of registration granting the transfer and possession of a controlled or prohibited animal only if the applicant meets the application criteria provided in Section R657-3-6.

(5) A certificate of registration is not required to possess a live animal if the applicant is registered and in good standing with the Association of Zoos and Aquariums.

R657-3a-7. Propagation of Animals.

(1) A person may propagate animal species not classified as controlled or prohibited without obtaining a certificate of registration from the division.

(2) A person may propagate animal species classified as controlled for personal, commercial, and scientific and educational uses only after obtaining a certificate of registration from the division.

(3) The division may provide any federal and additional requirements for propagating specific species on a certificate of registration.

(4) No person in possession of a certificate of registration for propagation may propagate a captive-bred animal with any wild animal.

(5) Propagation may not be used to exceed the number allowed under a certificate of registration for possession.

R657-3a-8. Request for Species Reclassification.

(1) A person may request to change the species or subspecies classification of an animal provided under this rule.

(2) A request for species or subspecies reclassification must be made to the division by applying for reclassification.

(3) The reclassification application shall include:

(a) the petitioner's name, address and phone number;

(b) the requested species or subspecies reclassification;

(c) the name of all interested parties known by the petitioner;

(d) the current classification of the species or subspecies;

(e) a statement of the facts and reasons forming the basis for the reclassification; and

(f) copies of scientific literature or other evidence supporting the change in classification.

(4)(a) The division shall consider the request for reclassification and shall approve or deny the request for reclassification based on the issuance and renewal criteria provided in Sections R657-3b-6 and R657-3c-8.

(b) The division shall send a copy of its approval or denial to the applicant and other interested parties specified on the application.

(5) A change in species classification shall be made in accordance with Title 63g, Chapter 3, Utah Administrative Rulemaking Act.

R657-3a-9. Request for Variance.

(1) A person may request a variance to this rule for the collection, importation, propagation, or possession of an animal classified as prohibited under this rule by submitting a variance request to the division.

(2) A variance request shall include the following:

(a) the name, address, and phone number of the person making the request;

(b) the species or subspecies of animal and associated activities for which the request is made; and

(c) a statement of the facts and reasons forming the basis for the variance.

(3)(a) The division shall consider the request and shall approve or deny the request based on the issuance and renewal criteria provided in Sections R657-3b-6 and R657-3c-8.

(b) If the request applies to a broad class of persons and not to the unique circumstances of the applicant, the division shall consider changing the species classification before issuing a variance to this rule.

(4)(a) If the request is approved, the division may impose any restrictions on the person making the request considered necessary for that person to maintain the standards upon which the variance is made.

(b) Any restrictions imposed on the person making the request shall be included in writing on the certificate of registration which shall be signed by the person making the request before its issuance.

R657-3a-10. Violations and Suspensions.

(1) Any violation of this rule shall be punishable under Sections 23A-5-301 and 23A-5-305.

(2) A certificate of registration may be suspended as provided in this rule, Section 23A-4-1106, and Rule R657-26.

(3) Failure to submit the appropriate records and reports as required under this rule may result in suspension of a certificate of registration.

(4) Nothing in this rule shall be construed to supersede Title 23A, the Wildlife Resources Code, which establishes a penalty greater than an infraction. Any provision of this rule which overlaps Title 23A is intended only as a clarification or to provide greater specificity needed for the administration of this rule.

R657-3a-11. Administrative Appeals.

(1) A person may appeal the division's denial of a certificate of registration, request for species classification and request for a variance by submitting a request for agency action consistent with Rule R657-2.

(2) The request must be made within 30 days after the date of the denial.

Administrative rule R657-3b

Certification of registration — birds and mammals

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R657-3b-1. Purpose and Authority.

(1) Under Title 23A, Wildlife Resources Code of Utah, this rule governs the collection, importation, possession and propagation of birds and mammals in Utah.

(2) 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 R58-14, except as permitted by the Utah Department of Agriculture and Food.

(3) Domestic animals not governed by this rule are listed in Bird and Mammal Classification Table 3b-1, May 1, 2023.

R657-3b-2. Definitions.

(1) Terms used for purposes of this rule are defined in Section 23A-1-101, Section R657-3a-2, and Subsection (2) through Subsection (5).

(2) "Resident Canada Goose" means Canada geese that nest within Utah in urban environments during the months of March, April, May or June.

(3) "Bird" means an animal from the Class of Aves, including hybrid species or subspecies of birds and viable embryos or gametes of species or subspecies of birds.

(4) "Mammal" means an animal from the Class of Mammalia, including hybrid species or subspecies of mammals and viable embryos or gametes of species or subspecies of mammals.

(5) "Nuisance bird or mammal" means a bird or mammal damaging personal or real property, or when concentrated in such numbers and manner that constitutes a health hazard or other nuisance.

R657-3b-3. Liability.

(1)(a) Any person who accepts a certificate of registration assumes all liability and responsibility for the collection, importation, transportation, possession and propagation of the authorized animal and for any other activity authorized by the certificate of registration.

(b) To the extent provided under Title 63g, Chapter 7, the Utah Governmental Immunity Act of Utah, the division, the Department of Agriculture and Food, and the Department of Health and Human Services shall not be liable in any civil action for:

(i) any injury, disease, or damage caused by or to any animal, person, or property as a result of any activity authorized under this rule or a certificate of registration; or

(ii) the issuance, denial, suspension, or revocation of or by the failure or refusal to issue, deny, suspend, or revoke any certificate of registration or similar authorization.

(2) It is the responsibility of any person who obtains a certificate of registration to read, understand and comply with this rule and all other applicable federal, state, county, city, or other municipality laws, regulations, and ordinances governing animals.

R657-3b-4. Prohibited Activities.

(1) A person may not take, posses, import, export, transfer, or release to the wild a bird or mammal or their parts in Utah, or attempt to undertake such activity, except as provided in this rule or in a proclamation or guidebook issued by the Wildlife Board.

(2)(a) A person may not release from captivity any bird or mammal, including domestic or other animals for hunting purposes, without first obtaining written authorization from the division.

(b) Any peace officer, division representative, or authorized animal control officer may seize, euthanize, or dispose of any live bird or mammal that is released from or escapes from captivity.

(c) The division may keep custody of any recaptured bird or mammal until the costs of recapture or care have been paid by its owner or keeper.

(3) A person may not collect a native or naturalized bird or mammal species from the wild for personal possession except as otherwise authorized under Title 23A, the Wildlife Resources Code of Utah, or Title R657.

(4) The following species are prohibited from collection, possession, and importation into Utah without first obtaining a certificate of registration from the division, a federal permit from the U.S. Fish and Wildlife Service, and an entry permit number from the Department of Agriculture and Food if importing:

(a) any species which have been determined by the U.S. Fish and Wildlife Service to be endangered or threatened pursuant to the federal Endangered Species Act, as amended; and

(b) any species of migratory birds protected under the Migratory Bird Treaty Act.

R657-3b-5. Application and Renewal Procedures — Amendments — Expiration — Fees.

(1)(a) Initial and renewal applications for certificates of registration are available from, and must be submitted to, the Wildlife Registration Office in Salt Lake City or any regional division office.

(b) Applications may require a minimum of 45 days for review and processing from the date the application is received.

(c) Applications that are incomplete, completed incorrectly, or submitted without the appropriate fee or other required information may be returned to the applicant.

(2)(a) Upon or before the expiration date of a certificate of registration, the holder must apply for a renewal of the certificate of registration to continue the activity.

(b) The division may use the criteria provided in Section R657-3b-6 in determining whether to renew the certificate of registration.

(c) It is unlawful for a person to possess an animal for which a certificate of registration is required if that person;

(i) does not have a valid certificate of registration authorizing possession of the animal; or

(ii) fails to submit a renewal application to the division before the expiration of an existing certificate of registration authorizing possession of the animal.

(d) If a renewal application is not submitted to the division by the expiration date, live or dead animals held in possession under the expired certificate of registration shall be considered unlawfully held and may be seized by the division.

(e) If a renewal application is submitted to the division before the expiration date of the existing certificate of registration, continued possession of the animal under the expired certificate of registration shall remain lawful while the renewal application is pending.

(3)(a) Certificates of registration are not transferable and expire December 31 of the year issued, except as otherwise designated on the certificate of registration.

(b) If the holder of a certificate of registration is a representative of an institution, organization, business, or agency, the certificate of registration shall expire effective upon the date of the representative's discontinuation of association with that entity.

(c) Certificates of registration do not provide the holder any rights of succession and any certificate of registration issued to a business or organization shall be void upon the termination of the business or organization or upon bankruptcy or transfer or death of the COR holder.

(4) Failure to submit timely, accurate, or valid reports as required under this rule or the terms of a certificate of registration may disqualify a person from renewing an existing certificate of registration or obtaining a new certificate of registration.

R657-3b-6. Issuance and Renewal Criteria.

(1) The following factors shall be considered before the division may issue or renew a certificate of registration for the collection, importation, transportation, possession or propagation of an animal:

(a) the health, welfare, and safety of the public;

(b) the health, welfare, safety and genetic integrity of wildlife, domestic livestock, poultry and other animals;

(c) ecological and environmental impacts;

(d) the suitability of the applicant's holding facilities;

(e) the experience of the applicant for the activity requested; and

(f) ecological or environmental impact on other states.

(2) In addition to the criteria provided in Subsection (1), the division shall use the following criteria for the issuance or renewal of a certificate of registration for a scientific use of an animal:

(a) the validity of the objectives and design;

(b) the likelihood the project will fulfill the stated objectives;

(c) the applicant's qualifications to conduct the research, including education or experience;

(d) the adequacy of the applicant's resources to conduct the study; and

(e) whether the scientific use is in the best interest of the animal, wildlife management, education, or the advancement of science without unnecessarily duplicating previously documented scientific research.

(3) In addition to the criteria provided in Subsection (1), the division may use the following criteria for the issuance or renewal of a certificate of registration for an educational use of an animal:

(a) the objectives and structure of the educational program;

(b) whether the applicant has written approval from the appropriate official if the activity is conducted in a school or other educational facility; and

(c) whether the individual is in possession of the required federal permits.

(4) The factors in Subsection (1) do not apply to the following:

(a) the commercial use of a dead coyote, jackrabbit, muskrat, raccoon, or its parts;

(b) a business entity that has obtained a certificate of registration from the division to conduct nuisance wildlife control or carcass removal; and

(c) dead animals sold or traded for educational use.

(5) The division may deny issuing or renewing a certificate of registration to any applicant, if:

(a) the applicant has violated Title 23A, the Wildlife Resources Code of Utah, Title R657, proclamation or guidebook, a certificate of registration, an order of the Wildlife Board or any other law that when considered with the functions and responsibilities of collecting, importing, possessing or propagating an animal bears a reasonable relationship to the applicant's ability to safely and responsibly carry out such activities;

(b) the applicant has previously been issued a certificate of registration and failed to submit any report or information required by this rule, the division, or the Wildlife Board;

(c) the applicant misrepresented or failed to disclose material information required in connection with the application; or

(d) holding the animal at the proposed location violates federal, state, or local laws.

(6) The collection or importation and subsequent possession of an animal may be granted only upon a clear demonstration that the criteria established in this section have been met by the applicant.

(7) The division, in making a determination under this section, may consider any available facts or information that is relevant to the issuance or renewal of the certificate of registration, including independent inquiry or investigation to verify information or substantiate the qualifications asserted by the applicant.

(8) If an application is denied, the division shall provide the applicant with written notice of the reasons for denial.

R657-3b-7. Noncontrolled, Controlled and Prohibited Species.

(1)(a) The noncontrolled, controlled and prohibited bird and mammal animal species classification table entitled Birds and Mammals Classification Table 3b-1, dated May 1, 2023 is incorporated by reference.

(b) Table 3b-1 can be accessed in person or by contacting the Salt Lake division office located at 1594 West North Temple, Salt Lake City, Utah 84114, and on the division's Certificates of Registration web page at https://wildlife.utah.gov/licenses/certificates-of-registration.html.

R657-3b-8. Collection of Bird and Mammal Species.

(1) A person shall obtain a certificate of registration before collecting any bird and mammal species or bird and mammal species parts classified as prohibited or controlled, except as otherwise provided in this rule, statute, or rules and orders of the Wildlife Board.

(2) A certificate of registration is not required to collect any bird and mammal species classified as noncontrolled.

(3) A person may take a raptor species for falconry as provided in Rule R657-20.

R657-3b-9. Nuisance Bird and Mammal Species.

(1) A person is not required to obtain a certificate of registration or a federal permit to kill a house sparrow (Passer domesticus), European starling (Sturnus vulgaris), or domestic pigeon or rock pigeon (Columba livia) when found damaging personal or real property, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance when:

(a) an attempt to control the birds using non-lethal methods occurs before using lethal methods;

(b) applicable local, state, and federal laws are strictly complied with; and

(c) none of the birds killed, nor their plumage, are sold or offered for sale.

(2) A person is not required to obtain a certificate of registration or a federal permit to kill a Brewer's blackbird (Euphagus cyanocephalus), Red-winged blackbird (Agelaius phoeniceus), Yellow-headed blackbird (Xanthocephalus xanthocephalus), Boat-tailed grackle (Quiscalus major), Common grackle (Quiscalus quiscula), Great-tailed grackle (Quiscalus mexicanus), Black-billed magpie (Pica hudsonia), American crow (Corvus brachyrhynchos), bronzed cowbird (Molothrus aeneus), brown-headed cowbird (Molothrus ater), or shiny cowbird (Molothrus bonariensis) that is committing or about to commit depredations on ornamental or shade trees, agricultural crops, livestock, or wildlife, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance when:

(a) an attempt to control the birds using non-lethal methods occurs before using lethal methods;

(b) applicable local, state, and federal laws are strictly complied with; and

(c) none of the birds killed, nor their plumage, are sold or offered for sale.

(3) Any person that takes a nuisance bird pursuant to Subsections (1) and (2) must provide to the appropriate U.S. Fish and Wildlife Service, Regional Migratory Bird Permit Office an annual report for each species taken.

(4) A person may not take nuisance birds with bait, explosives, or poisons.

(5) A person shall dispose of dead nuisance birds at a landfill that accepts wildlife carcasses, or burned or incinerated.

(6) Neither a federal permit nor a state certificate of registration is required to destroy the nests and eggs of resident Canada geese if the landowner or agent qualifies, registers, and complies with all the Federal Nest and Egg Registry.

(7) A person may kill coyote, field mouse, gopher, ground squirrel, jackrabbit, muskrat, and raccoon at any time.

(8) A person may kill nuisance furbearers as provided in Rule R657-11.

(9) A person may kill nongame mammals as provided in Rule R657-19.

R657-3b-10. Importation of Bird and Mammal Species.

(1) A person shall obtain a certificate of registration before importing any bird or mammal species, or bird or mammal species parts, classified as prohibited or controlled, except as otherwise provided in this rule, statute, or rules and orders of the Wildlife Board.

(2) A certificate of registration is not required to import any bird or mammal species classified as noncontrolled.

R657-3b-11. Transportation of Bird and Mammal Species.

(1) A person shall obtain a certificate of registration before transporting any bird or mammal species, or bird or mammal species parts, classified as prohibited or controlled, except as otherwise provided in this rule, statute, or rules and orders of the Wildlife Board.

(2) A certificate of registration is not required to transport any bird and mammal species classified as noncontrolled.

R657-3b-12. Possession of Bird and Mammal Species.

(1) A person shall obtain a certificate of registration before possessing any bird or mammal species, or bird or mammal species parts, classified as prohibited or controlled, except as otherwise provided in this rule, statute, or rules and orders of the Wildlife Board.

(2) A certificate of registration is not required to possess any bird or mammal species classified as noncontrolled.

(3) Any bird or mammal held in possession under the authority of a certificate of registration shall be maintained under humane and healthy conditions, including the humane handling, care, confinement, transportation and feeding.

(4) A person shall protect the public from harm when possessing any bird or mammal.

(5) The division may impose specific requirements on the certificate of registration holder consistent with industry standards or generally accepted animal husbandry practices deemed necessary for the safe and humane handling and care of the animal involved, including requirements for veterinary care, cage or holding pen sizes and standards, feeding requirements, social grouping requirements, and other requirements considered necessary by the division for the health and welfare of the animal or the public.

(6) A person may possess gamebirds as provided in Rule R657-4.

(7) A person may possess a raptor species for falconry as provided in Rule R657-20.

R657-3b-13. Propagation of Bird and Mammal Species.

(1) A person shall obtain a certificate of registration before propagating any bird or mammal species classified as prohibited or controlled, except as otherwise provided in this rule, statute, or rules and orders of the Wildlife Board.

(2) A certificate of registration is not required to propagate any bird or mammal species classified as noncontrolled.

(3) A certificate of registration may contain stipulations to prevent detrimental impacts to wild populations, the environment, or human health or safety.

(4) A person may propagate raptors only as provided in Rule R657-20 and 50 CFR 21.85.

Table 3b-1. May 1, 2023

Except as otherwise listed, all species are presumed prohibited. All species not listed will require an assessment before collection, importation or possession will be authorized.