Arkansas Code Title 20. Public Health and Welfare § 20-19-603. Exemptions

(a) Subsections 20-19-602(a), (c), and (d) and § 20-19-605 do not apply to:

(1) Either:

(A) An institution accredited by a zoological accreditation agency, including without limitation the Association of Zoos and Aquariums, or the Zoological Association of America;  or

(B) A certified related facility that coordinates with an Association of Zoos and Aquariums Species Survival Plan Program for breeding of species listed as threatened or endangered under 16 U.S.C. § 1533 , as it existed on January 1, 2013;

(2) A research facility as defined in the Animal Welfare Act, 7 U.S.C. § 2132(e) , as it existed on January 1, 2013;

(3) A wildlife sanctuary;

(4) A temporary holding facility;

(5) A licensed veterinarian for the purpose of providing treatment to a primate;

(6) A law enforcement officer for purposes of enforcement or investigation;

(7) A circus defined as an exhibitor holding a Class C license under the Animal Welfare Act, 7 U.S.C. § 2131 et seq., as it existed on January 1, 2013, that:

(A) Is in the state for less than ninety (90) days per year;

(B) Regularly conducts performances featuring live, dangerous, wild animals and multiple trained human entertainers, including clowns and acrobats;  and

(C) Does not allow a member of the public to be in proximity to a dangerous, wild animal without sufficient distance and protective barriers, including without limitation offering photographic opportunities next to a dangerous, wild animal;

(8)(A) A person temporarily transporting a legally owned primate, including an ape, macaque, or baboon, through this state if:

(i) The transit time is not more than ten (10) days;

(ii) The primate, including an ape, macaque, or baboon, is not exhibited;  and

(iii) The transporter has complied with all state and federal regulations regarding the transport.

(B)(i) A transporter exempted under subdivision (a)(8)(A) of this section shall provide notice of the transport to the Arkansas State Game and Fish Commission before entering the state, identifying the number and type of primate, including an ape, macaque, or baboon, that will be transported.

(ii) The notification required under subdivision (a)(8)(B)(i) of this section is in addition to a veterinary certificate or other permit required by state, local, or federal law;  or

(9) A person that is temporarily transporting a legally owned primate under § 20-19-604 .

(b) However, a registered primate owner, including an ape, macaque, or baboon owner, may transfer a registered primate, including an ape, macaque, or baboon.


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