| (a) Definitions.
(1) Key components of facilities for confining dangerous
wild animals and restricting public contact with the animals are the
primary enclosure and the perimeter fence.
(A) Primary enclosure--Any structure used to immediately
restrict an animal(s) to a limited amount of space, including a cage,
pen, run, room, compartment, or hutch.
(B) Perimeter fence--A barrier surrounding the area
containing the primary enclosure(s) that restricts public access to
the area.
(2) Where specified in this section, primary enclosures
for dangerous wild animals shall be equipped to provide for a safe,
healthy, and humane environment for the animals; prevent escape by
the animals; and protect and enhance the public's health and safety.
Such equipment includes, but is not limited to:
(A) Safety entrance--A protected, secure area that
can be entered by a keeper that prevents animal escape and safeguards
the keeper, or a device that can be activated by a keeper that prevents
animal escape and safeguards entry.
(B) Shelter (including such structures as nest boxes
or dens)--An enclosed structure that provides protection from the
elements and from extremes in temperature that are detrimental to
the health and welfare of the animal(s). Such a structure may vary
in size depending on the security and biological needs of the species;
it shall be large enough to accommodate all the animals in the enclosure
simultaneously. Such a structure shall be within, attached to, or
adjacent to the primary enclosure and be readily accessible to the
animal(s).
(C) Elevated platform or perching area--A surface or
structure, either natural or manmade, positioned above the floor or
above the grade level of the primary enclosure that will provide a
resting area for the animal(s).
(D) Gnawing and chewing items--Natural or artificial
materials that provide for the health of teeth, so as to keep teeth
sharp, remove tartar, and promote general oral hygiene. Gnawing items
include, but are not limited to, logs and trees. Chewing items include,
but are not limited to, woody stems, knuckle bones, and rawhide objects.
Suitability is dependent upon species of animal.
(b) General Requirements.
(1) Primary enclosures for housing dangerous wild animals
shall be sufficiently strong to prevent escape and to protect the
animal(s) from injury and shall be equipped with perimeter fences
to prevent any public contact with the animal(s). Perimeter fences
may be constructed from materials such as fencing, landscaping, or
close-mesh wire, provided that materials used are safe and effective
in preventing public contact.
(2) All primary enclosures less than or equal to 1,000
square feet shall be covered at the top to prevent escape.
(3) A perimeter fence, sufficient to deter entry by
the public, shall be a minimum of 8 feet in height and shall completely
surround the premises where the animal(s) is housed or exercised outdoors.
Perimeter fences constructed of materials, such as chain link or welded
wire, that allow objects to be passed through them shall be at least
3 feet from the primary enclosure or appropriately enclosed exercise
area.
(c) Structural Requirements for Primary Enclosures.
In addition to the size and equipment requirements for primary enclosures,
dangerous wild animals shall be caged in accordance with the following
requirements.
(1) All primary enclosures shall be equipped with a
safety entrance. Such entrances shall include a double-door mechanism,
interconnecting cages, a lock-down area, or other comparable devices
that will prevent escape and safeguard the keeper. Safety entrances
shall be constructed of materials that are of equivalent strength
or greater than that prescribed for cage construction for that particular
species. The area occupied by the safety entrance shall be in addition
to the space requirements for the primary enclosure.
(2) All primary enclosures constructed of chain link
or other approved materials shall be well braced and securely anchored
at or below ground level to prevent escape by digging or erosion.
Metal clamps, ties, or braces used in the construction of enclosures
shall be of strength equivalent to or greater than the material required
for primary enclosure construction for the particular species.
(3) Additional minimum requirements for specific species
and hybrids of those species shall be as follows.
(A) Chimpanzees, gorillas, and orangutans.
(i) Outdoor facilities--Construction material shall
consist of steel bars, 2-inch galvanized pipe, masonry block, or their
strength equivalent or greater. Shotcrete walls can also be utilized;
if used in uncovered enclosures, it must be applied appropriately
to avoid formation of any holds that could be used for climbing.
(ii) Indoor facilities--Potential escape routes shall
be equipped, at minimum, with steel bars, 2-inch galvanized pipe,
or equivalent.
(B) Baboons, jaguars, tigers, lions, leopards, cougars,
cheetahs, bears, and hyenas.
(i) Outdoor facilities--Construction material shall
consist of not less than 9-gauge chain link or equivalent. Shotcrete
walls can also be utilized; if used in uncovered enclosures, it must
be applied appropriately to avoid formation of any holds that could
be used for climbing.
(ii) Indoor facilities--Potential escape routes shall
be equipped with wire or grating of not less than 9-gauge or equivalent.
(C) Ocelots, servals, lynxes, bobcats, caracals, coyotes,
and jackals.
(i) Outdoor facilities--Construction material shall
consist of not less than 12-gauge chain link or equivalent. Shotcrete
walls can also be utilized; if used in uncovered enclosures, it must
be applied appropriately to avoid formation of any holds that could
be used for climbing.
(ii) Indoor facilities--Potential escape routes shall
be equipped with wire or grating not less than 12-gauge or equivalent.
(d) Primary Enclosure Size and Equipment Requirements.
No dangerous wild animal shall be confined in any primary enclosure
that contains more individual animals than specified in this section,
is smaller in dimension than specified in this section, or is not
equipped as specified in this section. The area occupied by pools,
ponds, or lakes shall be in addition to the space requirements for
the primary enclosure. Specifications in this section also pertain
to hybrids of designated species.
(1) Primates.
(A) In addition to species-related requirements of
this section, each primary enclosure shall have accessible devices
to provide physical stimulation or manipulation compatible with the
species. Each device shall be noninjurious and may include, but is
not limited to, boxes, balls, mirrors, foraging items, or pools. The
area occupied by pools shall be in addition to the space requirements
for the primary enclosure.
(B) Each primary enclosure shall have perching area(s)
and shelter(s) that will accommodate all animals in the enclosure
simultaneously.
(C) Each primary enclosure shall have horizontal and
vertical climbing structures appropriate for the species.
(D) Primates shall not be kept in uncovered enclosures.
However, for enclosures over 1,000 square feet in which a cover is
not feasible, humane alternative measures shall be taken to prevent
escape; these measures shall not compromise the health and safety
of the public or the health, safety, and overall welfare of the animal(s).
Such measures may include, but are not limited to, increased fence
heights; electrified wires on fences; fence placement distant from
trees or other structures that an animal(s) can climb; and/or water
moats surrounding the enclosure. The owner shall seek and provide
proof of consultation with a zoological organization or association
to confirm that the escape-prevention measure(s) implemented are appropriate
and effective for the enclosed primate(s).
(E) Requirements for specific primate species are as
follows:
(i) Baboons. For one animal, the primary enclosure
shall have a minimum floor area of 100 square feet with a wall or
fence at least 10 feet high. For each additional animal, primary enclosure
size shall be increased by at least 100 square feet.
(ii) Chimpanzees, orangutans, and gorillas. For one
animal, the primary enclosure shall have a minimum floor area of 400
square feet with a wall or fence at least 10 feet high. For each additional
animal, primary enclosure size shall be increased by at least 350
square feet.
(2) Wild felines.
(A) In addition to requirements of this section, each
primary enclosure shall be equipped with a shelter(s) large enough
to accommodate all the animals in the enclosure simultaneously.
Cont'd... |
