Title 2-DEPARTMENT OF AGRICULTURE

Division 30-Animal Health

Chapter 9-Animal Care Facilities

PROPOSED RULE

2 CSR 30-9.110 Feral Swine Confinement Permit and Standards

PURPOSE: This rule sets forth the standards and requirements for the permitting and operation of feral swine facilities.

(1) Application for Permits and Conditions for Issuing.

(A) Any individual possessing, breeding, or transporting feral swine shall obtain a permit from the Missouri Department of Agriculture.

1. A facility permit application form must be completed and submitted to the department.

2. Fee must be paid in full.

3. One (1) permit is required for each location containing feral swine.

4. Permit must be renewed on an annual basis prior to the expiration date.

5. Licensee is responsible for renewing license and submitting a renewal form.

6. The permit must be obtained within thirty (30) days prior to acquiring feral swine.

7. The licensee must meet all interstate and intrastate movement requirements (2 CSR 30).

8. The licensee must have brucellosis and pseudorabies testing in accordance with the requirements of a validated and qualified herd.

(B) The licensee must-

1. Be at least twenty-one (21) years of age;

2. Have not been found guilty, or pled guilty to, a violation of any state or local law prohibiting neglect or mistreatment of any animal or, within the previous ten (10) years, any felony;

3 Officially identify each animal and record identification.

A. The identification records must be maintained during ownership-

(I) One (1) year after the animal is deceased; or

(II) Five (5) years after post transfer of ownership to another party or individual.

B. The identification records must be available to the department or designated authority upon request within twenty-four (24) hours; and

4. Maintain health and ownership records of the feral swine.

A. The records must document any veterinary services, i.e., physical exams, treatments, euthanasia, etc.

B. The records must document the name, address, and contact information for any transfer of ownership, i.e., sales and purchases.

C. The records must document any natural additions.

D. The department must be notified within seven (7) working days of any change in inventory, except natural additions.

E. The records must be available to the department or designated authority upon request within twenty-four (24) hours.

F. The records must be kept for one (1) year after the death or five (5) years after the transfer of ownership of any feral swine.

(C) The licensee shall pay the facility permit fee to the Department of Agriculture.

1. An initial fee of two thousand five hundred dollars ($2,500) will be assessed for the first permit.

2. A renewal fee of five hundred dollars ($500)/feral swine permit will be assessed annually provided the renewal is made prior to lapse of the previous permit.

(D) The licensee must provide the department the following information prior to receiving an initial/renewal facility permit and must notify the department of any changes within thirty (30) days, unless a shorter time period is noted:

1. Name, address, telephone number, and any pertinent contact information of the permit holder and the physical address or GPS coordinates of each facility where feral swine are kept;

2. Name and address of the attending veterinarian;

3. A complete annual inventory of feral swine which includes:

A. Number of feral swine (indicate species if warranted);

B. Age and gender of each individual;

C. Official identification of each individual;

D. The location of the feral swine facility. The permit holder must notify the department within ten (10) business days of a change of address or location where the feral swine are kept; and

E. Disposition of any animal no longer on the inventory and any natural or purchased additions, including addresses of individuals from whom feral swine were purchased or to whom feral swine were sold. Any additions or deletions to the group must reconcile with previous inventory.

(2) The attending veterinarian must agree to the following:

(A) Provide a written summary of the physical examination and documentation of any veterinary services provided to the licensee;

(B) Identify all the feral swine with official identification;

(C) Provide a health certificate when required for transport; and

(D) Sign a veterinary care agreement form.

(3) The licensee must agree to the following:

(A) If a feral swine escapes or is released, immediately notify the department via telephone and follow up with a written statement explaining the circumstances and action taken within five (5) working days;

(B) Confine the feral swine in a primary enclosure as required by the department on the licensee's premises. The licensee must not allow any feral swine outside of the primary enclosure unless the feral swine are moved pursuant to any of the following:

1. To receive veterinary care from the attending veterinarian;

2. To comply with the directions of the department or law enforcement officials; or

3. To transfer ownership and possession of the feral swine pending prior approval by the department;

(C) Provide adequate nutrition and water; and

(D) Provide adequate shelter, if needed.

(4) If the licensee is no longer able to care for the feral swine, all of the following apply:

(A) The licensee must notify the department, stating the planned disposition of the feral swine;

(B) The licensee must dispose of the feral swine by transferring ownership and possession to another permit holder, upon prior approval by the department, or providing for its destruction by euthanasia as required by the department; and

(C) The disposal of the feral swine must be documented by an employee of the department, law enforcement officer, or attending veterinarian.

(5) The confinement area shall meet the following requirements:

(A) The facility must be completely enclosed in a building; or

(B) The fencing shall be constructed of twelve (12)-gauge woven wire, at least five feet (5') high, and topped with one (1) strand of electrified wire. An additional two feet (2') of such fencing shall be buried and angled underground toward the enclosure interior. A fence of equivalent or greater strength and design to prevent the escape of hogs may be substituted with written application and approval by the department.

AUTHORITY: section 270.260, RSMo Supp. 2010. Original rule filed June 23, 2011.

PUBLIC COST: This proposed rule will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE COST: This proposed rule will cost private entities five hundred dollars ($500) to two thousand five hundred dollars ($2,500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed rule with the Missouri Department of Agriculture, Dr. Taylor H. Woods, State Veterinarian, PO Box 630, Jefferson City, MO 65102. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

FISCAL NOTE

PRIVATE COST

I. Department Title: Agriculture

Division Title: Animal Health

Chapter Title: Animal Care Facilities

Rule Number and Title:

2 CSR 30-9,110 Feral Swine Confinement Permits and Standards

Type of Rulemaking:

Proposed

II. SUMMARY OF FISCAL IMPACT

Estimate of the number of entitles by class which would likely be affected by the adoption of the rule:

Classification by types of the business entities which would likely be affected:

Estimate in the aggregate as to the cost of compliance with the rule by the affected entities:

1E

Any person possessing, or transporting live Russian or European swine or wild-caught swine

$2,500 will be assessed for the first permit;

 

 

$500 annual renewal fee for each facility

III. WORKSHEET

Permit fee - $2,500 for each facility

Renewal fee - $500 for each facility

IV. ASSUMPTIONS

The numbers of individuals that own these animals are unknown as well as the number of animals that fall under this category.

Therefore, the cost to private individuals is unknown at this time.