(1) All wildlife held in captivity,
including, but not limited to, wildlife held under any permit, license, or
condition listed in
635-044-0460 and
635-044-0480 or under a Game
Bird Propagation license must provide minimum care sufficient to preserve the
health and well-being of the held wildlife (except for emergencies or
circumstances beyond the reasonable control of the holder), including, but is
not limited to, the following requirements:
(a) Appropriate food for each held species of
sufficient quantity and quality to allow for normal growth or maintenance of
body weight.
(b) Open or adequate
access to potable water in sufficient quantity and quality to satisfy the
animal's needs.
(c) Shelter
sufficient to protect from adverse elements, protect from predators, prevent
escape, prevent other wildlife from entry, and prevent injury. Any other
requirement particular to the survival of the specific animal shall also be
provided.
(d) Veterinary care
deemed necessary by a reasonably prudent person to relieve distress from
injury, neglect or disease.
(e)
Daily access to an area:
(A) With adequate
space for exercise necessary for the health of the animal (except when
transporting);
(B) With air
temperature suitable for the species of animal; and
(C) Shall be kept free from excess food or
fecal waste or other contaminants which could affect the health of the
animal
(f) Captive
wildlife may not be restrained with a chain, rope, hobbles or similar restraint
method. Tethering of raptors is permitted.
(2) It is unlawful for any person possessing
wildlife in their care and possession to cause or allow such wildlife to be
chased, injured, harmed, harassed, or neglected.
(3) Wildlife held on a Wildlife Holding
Permit may not be released in Oregon without prior approval by the
Department.
(4) Wildlife listed in
this section and captured from the wild and held for more than 48 hours in
captivity or held on a Wildlife Holding Permit must remain in captivity for the
life of the animal and may not be returned to the wild following capture
without prior approval by the Department.
(5) Facilities housing wildlife must meet
ODFW minimum standards for species defined in the ODFW Enclosure and Caging
Standards for Holding Wildlife for Wildlife Held in Captivity (Exhibit 1); and
(a) Enclosed within suitable structures to
prevent escape or prevent other wildlife from entry;
(b) Applicants of Wildlife Holding Permits
and holders of wildlife in captivity must demonstrate equivalency of facility
construction with Department approval of all proposed facility construction
design, materials, and specifications equivalent or exceeding the ODFW
Enclosure and Caging Standards for Holding Wildlife.
(c) Inspection of facilities by Department
personnel may be conducted prior to approval of the permit.
