THE CAPTIVE WILD ANIMAL ORDER
Under the authority of section 42710, Act 451 of the Public Acts of 1994, as amended, being section 324.42710 of the Michigan Compiled Laws, the Director of the Department of Natural Resources ordered that effective March 11, 2005, the following regulations shall read as follows:
20.1 Short title.
Sec. 20.1. This order shall be known and may be cited as “the captive wild animal order.”
20.2 Meanings of words and phrases.
Sec. 20.2. For the purposes of this order, words and phrases defined in part 427, breeders and dealers, of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being sections 324.42701 to 324.42714 of the Michigan Compiled Laws, shall have the meanings ascribed to them in those sections. When used in this order, “permit to hold wildlife in captivity” or “permit” shall mean a game breeders license.
Sec. 20.3. (1) Except as provided by section 20.4, only a person who has submitted an application to the wildlife division permit specialist for a permit to hold wildlife in captivity, being form PR 1350, in accordance with the instructions on that form, and who possesses a valid permit to hold wildlife in captivity shall be considered, for the purposes of subsection 42709(2) of part 427, breeders and dealers, of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being subsection 324.42709(2) of the Michigan Compiled Laws, “persons holding permits authorizing the possession of the game” or “licensed game breeders.” A person possessing or desiring to possess migratory birds, such as ducks or geese, shall comply with all federal regulations and permit rules in addition to state of Michigan regulations. This includes the physical marking of waterfowl by removal of the hind toe on the right foot of each bird before it reaches the age of 4 weeks or by other federally approved marking methods.
(2) A separate permit to hold wildlife in captivity is required for each separate premises although operated and owned by the same person or entity.
(3) Except as otherwise provided by this order, when a permittee secures additional numbers of animals for species already listed on the permit, the permittee shall report the additional animals on the next monthly inventory report, being form PR 1350‑2, and shall provide the minimum space requirements for the total number of animals of that species.
(4) If any information on an approved permit to hold wildlife in captivity is no longer current, an application to amend the permit must be submitted to the wildlife division permit specialist in accordance with the instructions on that form.
(5) A permit must specifically list each species held, or to be held. Before a permittee may possess a species not listed on their permit, the permittee must make application to the wildlife division permit specialist and obtain an approved amended permit to hold wildlife in captivity specifically listing the species to be acquired, except that a permittee shall be exempt from the requirement of specifically listing each species of duck held, or to be held, and from the requirement of amending a permit to include each species of duck to be acquired.
20.4 Permit requirement exemptions.
Sec. 20.4. (1) A person purchasing and removing the following live animals from a licensed premises may possess the animals without a permit provided the person does not propagate or sell the animals and provided the animals are properly identified as prescribed by section 20.9:
(a) Pheasants if they are 12 or fewer in number.
(b) Quail if they are 12 or fewer in number.
(c) Hungarian partridge if they are 12 or fewer in number.
(2) A permit to hold wildlife in captivity is not required for a person to possess pheasants, bobwhite quail, or Hungarian partridge legally acquired for the purpose of release to the wild or personal consumption, provided that a game bird release permit is obtained before, or at the same time as, the birds or their eggs are acquired, and the birds and their eggs are disposed of within 6 months of the date upon which the game bird release permit was issued.
(3) A permit to hold wildlife in captivity is not required for a person to possess game birds of the number and species authorized for release on a field dog trial permit issued by the department of natural resources.
(4) A permit to hold wildlife in captivity is not required for a person to possess game birds of the number and species authorized by a game bird hunting preserve license issued by the department of natural resources.
(5) A permit to hold wildlife in captivity is not required for a person receiving animals or eggs which are being shipped directly out of the state of Michigan.
(6) A permit to hold wildlife in captivity is not required for a person to possess raptors of the number and species authorized by a falconry permit issued by the department of natural resources and the United States fish and wildlife service.
(7) A permit to hold wildlife in captivity is not required for a person to possess cervidae species as defined by the privately owned cervidae producers marketing act, 2000 PA 190, being MCL 287.951 to 287.969.
20.5 Enclosures and sanitation; mute swan requirements.
Sec. 20.5. (1) Except as provided by subsection (2), animals held in captivity shall be confined to the licensed premises at all times. Animals shall not be chained or otherwise tethered to stakes, posts, trees, buildings, or other anchorage. Each animal shall be provided with an enclosure which meets the requirements of section 20.6, and shall be provided with rainproof dens, nest boxes, shelters, perches, and bedding as required for the comfort of the species held in captivity and to protect them against inclement weather or extreme heat. Animals in captivity shall be handled in a sanitary and humane manner and kept free as far as practicable from parasites, sickness, or disease. Permittees shall provide an enclosure of such strength and type of construction that it is impossible for the animals to escape, and shall keep all fences and enclosures properly repaired.
(2) A person may transport an animal held under permit in a temporary cage or other suitable means of confinement directly to and from a facility, for the following reasons only:
(a) Veterinary treatment of the animal.
(b) Sale, or transfer of ownership of the animal.
(c) Exhibition of mammals to the public, provided a United States department of agriculture exhibition license, specifically authorizing this activity, is possessed.
(d) Use of fox or raccoons in department authorized field dog trials, provided the fox or raccoons are not dragged, led on a leash, submerged in water, or allowed to come into contact with dogs.
(3) Mute swans possessed under permit and hatched on or after August 15, 1993, shall have 1 wing pinioned within 5 days of hatching.
(4) Mute swans possessed under permit and hatched prior to August 15, 1993, shall be marked with a numbered metal leg band supplied by the department. Records of band numbers, birds banded, birds sold or transferred to another party, and other information shall be submitted to the department according to instructions and on forms supplied by the department.
20.6 Enclosure size and amenities, requirements.
Sec. 20.6. The minimum enclosure size and required amenities for the species designated in this section shall be as follows, except that newborn mammals may remain with their parents until weaned:
Enclosure size; badger, bobcat, fox, and raccoon.
(1) Badger, bobcat, fox, or raccoon:
(a) Single animal: 8 feet long by 6 feet wide by 6 feet high.
(b) For each additional animal, increase horizontal cage size by 24 square feet.
(c) Clawing logs and a den site 2 feet by 2 feet by 2 feet high required for each animal.
(d) A climbing tree with 3 or more 4-inch diameter branches shall be available for each raccoon or bobcat. A 14-inch by 36-inch protected shelf area shall be provided for each animal. Bobcat or raccoon platforms shall be at least 3 feet above the floor; fox and badger platforms shall be 1 foot above the floor.
A Permit to Hold Wildlife in Captivity is required to possess, propagate, sell, transport, or make any other commercial or personal use of live animals defined as game or protected in Michigan. In addition, a Permit to Hold Wildlife in Captivity is required for the possession of live animals which closely resemble game or protected species and can reasonably be confused with game or protected species as determined by the Department.
A Permit to Hold Wildlife in Captivity is required for the possession of the following game and protected animals: badger, beaver, bobcat, bobwhite quail, brant, common moorhen, coot, coyote, crow, fisher, hare, Hungarian partridge, mink, muskrat, opossum, otter, rabbit, raccoon, skunk, snipe, sora rail, squirrel, weasel, wild turkey, woodchuck, woodcock, Virginia rail, and all other native wild species of birds not defined as game.
A Permit to Hold Wildlife in Captivity is also required for the possession of the species listed within the following groups: ducks (all North American species except properly marked mallards), fox (red, gray, and silver), geese (all North American species), Grouse (ruffed and sharp-tailed), pheasants (ring-necked, Sichuan, and look-a-likes from the genus Phasianus per Types of Pheasants Regulated), swans (mute and tundra).
324.43101 Foxes in captivity as domestic animals; protection; construction of part.
Silver, silver-black, black, and cross foxes, which of their nature, in the absence of efforts for their domestication, were known as wild, which are brought into or born in captivity upon a farm or ranch for the purpose of cultivating or pelting their furs, together with their offspring and increase, are domestic animals for the purpose of any statute or law relating generally to domestic animals, other than dogs and cats or other pets, or relating to farming or to animal husbandry or to the encouragement of agriculture, unless any such statute or law is impossible to apply to such fur-bearing animals. Such fur-bearing animals, together with their offspring and increase, are the subjects of ownership, lien, and all other property rights, in the same manner as purely domestic animals, in whatever situation, location, or condition the fur-bearing animals may be, and regardless of whether they remain in or escape from captivity. Such fur-bearing animals shall receive the same protection of law as, and in the same way and to the same extent are the subject of trespass or larceny as, other personal property. This part shall not be construed to include silver, silver-black, black, and cross foxes within the definition of livestock, or give any person any right to recovery for damage or destruction of the animal under the dog law of 1919, Act No. 339 of the Public Acts of 1919, being sections 287.261 to 287.290 of the Michigan Compiled Laws.