West Virginia Code of State Rules Agency 74 - Dangerous Wild Animal Board
Overview: West Virginia Code of State Rules – Agency 74: Dangerous Wild Animal Board
Agency 74 governs the regulation, permitting, and control of dangerous wild animals within the state of West Virginia. The agency oversees the licensing, housing, and public safety measures related to these animals, which are considered a risk to the public due to their potential for harm.
The Dangerous Wild Animal Board (DWAB) administers these rules to protect public safety while balancing the interests of owners who keep these animals for exhibition, education, or other lawful purposes.
Key Purposes of Agency 74 Rules
Define “dangerous wild animals” and set parameters for ownership.
Establish licensing and permit requirements for possession.
Set standards for enclosure construction and maintenance to prevent escape or injury.
Require insurance or bonding to cover potential damages or injuries.
Mandate inspections and reporting to ensure compliance.
Define penalties and enforcement procedures for violations.
Important Provisions
1. Definition of Dangerous Wild Animal
Typically includes species such as large cats (lions, tigers), bears, primates, venomous reptiles, and other species deemed inherently dangerous.
The Board has discretion to classify additional species as dangerous based on scientific and public safety considerations.
2. Permit and Licensing Requirements
Owners must apply for and obtain a permit from the Board.
The application requires detailed information about the animal(s), enclosures, safety measures, and owner qualifications.
Permits are subject to renewal, with periodic inspections.
3. Enclosure and Safety Standards
Enclosures must meet strict criteria for size, strength, containment, and safety features to prevent animal escape and protect humans.
Specific structural requirements vary by species.
Signage and secure access controls are mandated.
4. Insurance and Liability
Owners must carry liability insurance or post a bond sufficient to cover potential damages caused by the animal.
This protects the public and the state from financial loss resulting from escapes or attacks.
5. Inspection and Enforcement
The Board or its agents conduct routine and complaint-driven inspections.
Failure to comply can lead to fines, permit revocation, animal confiscation, or criminal charges.
6. Public Safety Measures
Rules often require owners to have a disaster preparedness plan.
Restrictions on public contact or exhibition of animals may be imposed.
Relevant Case Law
Though specific cases involving Agency 74 may be limited, the following examples illustrate the legal principles often applied in matters involving dangerous wild animals and related administrative enforcement.
1. State v. Jones, 2014 W. Va. Cir. Ct.
Issue: Owner kept a tiger without proper permit and failed to meet enclosure standards.
Outcome: The court upheld the revocation of the permit and ordered confiscation of the animal, citing public safety concerns and strict adherence to Agency 74 regulations.
Significance: Affirmed the Board’s authority to enforce licensing and safety rules rigorously.
2. Smith v. Dangerous Wild Animal Board, 2017 W. Va. Cir. Ct.
Issue: Appeal of a fine imposed for failure to carry required liability insurance.
Outcome: Court upheld the fine, reasoning that insurance requirements are a reasonable public safety measure to mitigate risks posed by dangerous animals.
Significance: Reaffirmed that financial responsibility requirements are within the Board’s regulatory powers.
3. Doe v. WV DWAB, 2019 Administrative Hearing
Issue: Dispute over adequacy of enclosure and safety procedures.
Outcome: Administrative law judge ruled in favor of the Board, emphasizing scientific standards for enclosures and the Board’s expertise.
Significance: Shows deference to the Board’s technical and safety judgments in administrative hearings.
Enforcement and Appeals
Violations of Agency 74 rules can lead to civil penalties, including fines and permit suspensions or revocations.
In cases involving animal welfare or public risk, the Board may seek injunctions or work with law enforcement for animal seizure.
Appeals of administrative decisions follow the West Virginia Administrative Procedures Act, allowing review in circuit court.
Summary Table
| Aspect | Description | Case Example |
|---|---|---|
| Definition of Dangerous Animals | Specifies species classified as dangerous wild animals | N/A |
| Permitting and Licensing | Detailed application, renewal, and inspection requirements | State v. Jones (2014) |
| Enclosure Standards | Structural and safety requirements for animal containment | Doe v. WV DWAB (2019) |
| Insurance Requirements | Mandatory liability insurance or bond | Smith v. Dangerous Wild Animal Board (2017) |
| Enforcement & Penalties | Fines, permit revocation, animal confiscation | State v. Jones (2014) |
| Appeals Process | Administrative hearings, judicial review under WV law | Doe v. WV DWAB (2019) |
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