West Virginia Code 19-34-8 – Exemptions
(a) The permitting provisions of this article do not apply to:
Terms Used In West Virginia Code 19-34-8
- Board: means the Dangerous Wild Animal Board. See West Virginia Code 19-34-2
- Conviction: A judgement of guilt against a criminal defendant.
- Dangerous wild animal: means a mammal, bird, reptile, amphibian or aquatic animal, including a hybrid, that is dangerous to humans, other animals or the environment due to its inherent nature and capability to do significant harm. See West Virginia Code 19-34-2
- Person: means an individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, association, trust, estate or other legal entity and an officer, member, shareholder, director, employee, agent or representative thereof. See West Virginia Code 19-34-2
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Statute: A law passed by a legislature.
(1) Institutions accredited by the Association of Zoos and Aquariums (AZA) or an AZA-certified facility;
(2) An animal control or law-enforcement agency or officer acting under the authority of this article;
(3) Licensed veterinary hospitals or clinics treating dangerous wild animals;
(4) A licensed or accredited research medical institution;
(5) A research facility as defined in the Animal Welfare Act, 7 U.S.C. § 2132(e), as amended;
(6) A circus that is an incorporated, Class C licensee under the Animal Welfare Act, 7 U.S.C. § 2132(e), as amended;
(7) A person displaying dangerous wild animals at a fair or festival that is a licensed exhibitor under the Animal Welfare Act, 7 U.S.C. § 2132(e), as amended; and
(8) A person temporarily transporting a dangerous wild animal through the state, if the transit time is not more than forty-eight hours and the animal is at all times confined sufficiently to prevent escape.
(b) Qualified exemption. -– The permitting provisions of this article do not apply to exhibitors or dealers licensed as of January 1, 2014, under the Animal Welfare Act, 7 U. S. C. §2132(e), as amended, and at the time the rules become effective and who continue to have a valid exhibitor or dealer license. The board may revoke this exemption as to exhibitors or dealers that have repeated, uncorrected citations in violation of the Animal Welfare Act, a conviction for violation of an animal cruelty statute or a violation of sections seven or nine of this article.