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import loophole with USDA?

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Vata Raven
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Location: Clarksville, TN

import loophole with USDA?

Postby Vata Raven » Sun Dec 18, 2016 9:12 am

With my future plans, moving to either South Dakota or Wyoming, I've been looking into their laws about their allowed non-domestic animals they allow and all that stuff.

South Dakota does allow importation of all types of foxes, and you need to renew your permit every years.

Wyoming, allows one to import foxes, expect red-types, but you can own one.

I was looking into the USDA stuff as I was curious if becoming USDA licensed to exhibit the red-type fox to the public would allow for the loophole of importing a red-type fox into the state?
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Ash
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Re: import loophole with USDA?

Postby Ash » Sun Dec 18, 2016 11:04 am

Being USDA always gives you a better chance no matter what. Being an educational facility opens doors that would otherwise stay closed.

I believe in South Dakota it is legal to own a fox and import a fox under the fur-bearing law. The fur bearing law I believe clarifies animals that have been bred in captivity for the past two generations in order to count. They're considered a domesticated animal.

I'm not so sure about Wyoming. But USDA may grant you exemptions.
3 red fox, 4 pectinata iguanas, nile monitor, BW tegu, sailfin dragon, leachie gecko, 6 snakes, 2 salamanders, 3 tarantulas
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Re: import loophole with USDA?

Postby Vata Raven » Sun Dec 18, 2016 11:33 pm

Ash wrote:I believe in South Dakota it is legal to own a fox and import a fox under the fur-bearing law.

No furbeaing license is required; it's under non-domestic animal control.
http://www.sdlegislature.gov/rules/Disp ... e=12:68:18

12:68:18:03. Permit required.
http://www.sdlegislature.gov/rules/Disp ... 2:68:18:03

Raccoons are another story
https://gfp.sd.gov/hunting/trapping/

But, it does have a limit
https://gfp.sd.gov/hunting/trapping/regulations.aspx

I will come back and do another post on the laws I've found for Wyoming, but figured I would post the correct information regrading South Dakota.

The reason why I'm comparing these states is because I think I'm leaning more towards Wyoming (can get land for much cheaper). An arctic fox is the one I wish to own, but I also thought that maybe if I can provide a home for one other fox that is looking for a new home, I would be willing to take it in. From what I could tell, a red-fox type is the more likely species in the pet-trade needing that re-home. If I can't import them into the state of WY, I think I'd go for SD or just forget the idea altogether.
Last edited by Vata Raven on Sun Dec 18, 2016 11:38 pm, edited 1 time in total.
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Re: import loophole with USDA?

Postby Ash » Sun Dec 18, 2016 11:36 pm

Thank you, we'd appreciate having some updated info. Good luck searching for a place to live.
3 red fox, 4 pectinata iguanas, nile monitor, BW tegu, sailfin dragon, leachie gecko, 6 snakes, 2 salamanders, 3 tarantulas
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Re: import loophole with USDA?

Postby Vata Raven » Tue Dec 20, 2016 8:24 am

Ash wrote:I'm not so sure about Wyoming. But USDA may grant you exemptions.

I went digging around and gathered the right chapter laws regrading non-domestic animals in Wyoming. Took a bit of time as Wyoming is more complex regrading their non-domestic animal laws.

WY Stat § 23-1-101. (2015): Definitions of wildlife
http://law.justia.com/codes/wyoming/201 ... -23-1-101/

Chapter 4: Furbearing Animal Hunting or Trapping Seasons
https://wgfd.wyo.gov/Regulations/Regula ... NS_CH4.pdf
https://wgfd.wyo.gov/Regulations/Regula ... OCHURE.pdf

A fox is not under the furbeaing laws of Wyoming, so that is not a doable loophole.

Chapter 4, Section 11d
Furbearing animals legally taken shall be either killed at the trap site or immediately released to the wild. If the trapper holds both a furbearing animal trapping license and a license to capture furbearing animals for domestication, the furbearing animals do not have to be killed at the trap site.

Chapter 10: Regulation for Importation, Possession, Confinement, Transportation, Sale and Disposition of Live Wildlife
https://wgfd.wyo.gov/Regulations/Regula ... TIONS_CH10
https://wgfd.wyo.gov/Regulations/Regula ... 0_Brochure

Ch 10, Section 3a: Importation/Possession Without Permit
ii - Mammals
predatory animals, excluding wolves and wolf hybrids, as defined in Wyoming Statute §23-1-101(a)(viii): coyote (Canis latrans), jackrabbit (Lepus townsendi and Lepus californicus), porcupine (Erethizon dorsatum), raccoon (Procyon lotor), red fox (Vulpes vulpes), skunk (Mephitis mephitis and Spilogale putorius). Wolves (Canis lupus) or wolf hybrids may not be possessed, imported or sold.

Wyoming's Gaming Commission does not stop the importation of red foxes into the state, they are lumping importation and possession under the same regulation. The brochure they made says it is the Wyoming Animal Damage Management Board that's the cause.

Wyoming Predatory Animal Control Laws, Rules, and Regulation
http://www.wyadmb.com/Predator%20Regs%20I.htm

Chapter 25: Rabies Prevention in Wildlife

Ch 25, Section 10a
No unregulated animal species or animal species defined as predators under W.S. 11-6-302 (ix) shall be imported into the state. Animals imported under permit as sanctioned by the Wyoming Animal Damage Management Board for research or study are exempt from this provision.

WY Stat § 11-6-302. (2015): Definitions
http://law.justia.com/codes/wyoming/201 ... -11-6-302/

Chapter 33: Regulation Governing Issuance of Scientific Research, Educational, or Special Purpose Permits
https://wgfd.wyo.gov/Regulations/Regula ... TIONS_CH33

Ch 33, Section 3g
As a condition of the permit, the Department may limit the length of time, location, holding facilities or any other stipulations by which wildlife may be captured, relocated, possessed or euthanized. The Department may specify appropriate best management practices for housing, care and handling of captive held wildlife to include acceptable methods of euthanasia. Any person desiring to import live wildlife shall comply with Commission Regulation Chapter 10, Regulation for Importation, Possession, Confinement, Transportation, Sale and Disposition of Live Wildlife.

From what I read with chapter 33, getting a special purpose permit wouldn't allow for an importation of a red fox because it follows the regulations of chapter 10. So, again, don't think I can use the method as a loophole.

One loophole that could work (could being that awful key word), if I figure out if non-wild colors are excluded, or if ranched foxes are considered domesticated.

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