Or. Admin. Code § 635-044-0470 - Grandfathering the Possession of Black Bear, Cougar, Bobcat, Wolf, Raccoon, Skunk, Squirrel, Chipmunk and Other Non-game Wildlife Species Legally Held as Pets
(1) Grandfathered
wildlife may be held as pets, or for exhibitor, educational, or animal
entertainment industry or sanctuary purposes, or in AZA accredited facilities
as defined in these rules.
(2) A
person who legally held native wildlife (black bear, cougar, bobcat, wolf,
raccoon, skunk, squirrel, chipmunk) or other nongame species in Oregon prior to
and on January 20, 2017 may continue to hold those animal(s) for the remainder
of the animal(s) life provided:
(a) The
holder submits an application for an annual Wildlife Holding, Exhibitor/Animal
Entertainment Industry or Sanctuary Permit by January 21, 2018. Included with
the application, the person must:
(A) Remit
to the Department a fee of $26.00 per species held for a Wildlife Holding
permit or $100.00 for a Wildlife Exhibitor/Animal Entertainment Industry or
Sanctuary Permit (plus a $2.00 license agent fee) for the permit or permit
renewal; and
(B) Demonstrate to the
Department that the person's black bear, cougar, bobcat, wolf, raccoon and
skunk holding facility complies with any applicable city or county ordinances
and any applicable federal laws.
(C) Permit conditions may include, but are
not limited to, facility design standards and actions to protect native
wildlife and human safety.
(D)
Permit renewal must occur before the expiration date printed on the permit
issued by the Department.
(b) Grandfathered animals are held in
Department approved facilities meeting standards defined in the Oregon
Enclosure and Caging Standards for Holding Wildlife (Exhibit 1). The facilities
housing legally acquired grandfathered black bears, cougars, bobcats, wolves,
raccoons, skunks, squirrels, chipmunks, and other legally held non-game
species, must meet the minimum facility standards defined herein in Exhibit 1
by January 21, 2018.
(c)
Grandfathered bears, cougars, bobcats, wolves, raccoons, skunks, squirrels, and
chipmunks must have been acquired from a legally propagated out-of-state source
or legally acquired with approved documentation that may include a valid sales
receipt, Certificate of Veterinary Inspection with import permit from Oregon
Department of Agriculture, valid agency transfer of ownership permit
identifying the animal was propagated and born in legal captivity, or as
approved by the Department. All permit holders of grandfathered animals shall
provide to the Department a signed and notarized affidavit stating how the
grandfathered animal(s) were legally acquired.
(d) Grandfathered wildlife held as pets may
not be bred. Two or more held grandfathered black bears, cougars, bobcats,
wolves, raccoons, skunks, squirrels, chipmunks, or other grandfathered wildlife
of the same species of different sexes, requires sterilization of either sex
for animals older than 6 months of age, within 30 days of rule adoption.
Written documentation of the completed procedure by a licensed veterinarian is
required. Avoidance of reproduction of nongame wildlife of different sexes can
be accomplished by separation of the sexes, disposal of eggs, veterinary
sterilization, etc., and is the responsibility of the wildlife holding
permittee.
(3) The only
person(s) who may hold pure-bred wolves in captivity are those who, as of
December 31, 2009, held a gray wolf or wolves in captivity in Oregon under
previous Oregon Department of Agriculture, Class I Exotic Canine, Exotic Animal
Division 603 Rules or held a valid license or registration from the U.S.
Department of Agriculture, under the federal Animal Welfare Act of 1970. These
persons must also obtain authority under the requirements of
635-044-0460(7)
of this rule.
(a) Beyond the persons
described in paragraph (2), the Department will not issue any new permits to
hold a pure-bred wolf in captivity except as defined in OAR
635-044-0460(7)(a).
(b) Wolves legally held under the provisions
of paragraph (2) may only be transferred to an AZA accredited facility unless
specifically approved by the Department.
(4) Grandfathered black bears, cougars, and
bobcats may only be transferred from the original Wildlife Holding Permit to an
AZA accredited facility or an approved Wildlife Exhibitor/Animal Entertainment
Industry or Sanctuary facility, or as approved by the Department. Raccoons and
skunks may not be offered for sale, trade, barter, or exchange as a household
pet (ORS 498.029).
Notes
Tables referenced are not included in rule text. Click here for PDF copy of table(s).
Statutory/Other Authority: ORS 498.002, 497.228 & 496.171 - 182
Statutes/Other Implemented: ORS 498.002, 497.228 & 496.171 - 182
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.