Current through Register Vol. 63, No. 3, March 1, 2024
(1)
Wildlife held for exhibitor/education or animal entertainment industry purposes
or in wildlife sanctuaries are not considered wildlife held as pets. Animals
previously held for entertainment purposes that are no longer performing due to
age or debilitation may be held as pets (e.g. not on exhibit or performing) by
the business or transferred to an exhibitor or sanctuary with prior Department
approval.
(2) Wildlife
Exhibitor/Animal Entertainment Industry and Sanctuary permittees must be Oregon
residents, as defined in OAR 635-010-0015(4)(a), and maintain their approved
facility and held wildlife collections in Oregon.
(3) Exhibitor/Animal Entertainment Industry
and Sanctuary permittees may only transfer legally held wildlife between other
Oregon Wildlife Exhibitor/Animal Entertainment Industry and Sanctuaries
permittees or an AZA accredited facility, or add new animals including black
bear, cougar, and bobcat to their inventory of legally held wildlife, with
prior written approval by the Department.
(4) Exhibitor/Animal Entertainment Industry
permittees of held wildlife must provide:
(a)
Written documentation to the department with their annual permit application
showing that:
(A) Animals held on
Exhibitor/Animal Entertainment Industry permit are exhibited to the public for
exhibition or education purposes; or,
(B) Permittee of animals used in animal
entertainment must document active contract work including dates and job
descriptions for that year involving wildlife held on the permit;
(b) A copy of their business
license, Non-Profit filing status (if applicable), Tax Identification Number,
and/or Employer Identification Number and documentation showing approval of
their held species of wildlife by local city, town, or county ordinances;
(c) Written documentation of the
permit holder and employee qualifications to transport and possess only those
species specified on the department approved permit including black bears,
bobcat, cougars, and wolves and including: Documentation that applicants or the
applicant's employee(s) who will be handling wildlife are at least 18 years of
age and possess the equivalent of at least two years, paid or volunteer,
hands-on experience caring for and handling species at facilities engaged in a
similar or directly related activity to the permit requested. Applicants or the
applicant's employee shall have at least one year hands-on professional
experience working with black bears, bobcats, cougars, or wolves in the same
family or closely related taxonomic family as each species being requested.
Experience will be considered only for the periods the applicant or the
applicant's employee was directly involved in and responsible for the animals
while engaged in the activity requested on the permit and only when acquired
within five years of the date of the initial permit application.
(d) AZA accredited facilities are exempt from
the requirements listed in this section (4).
(5) Wildlife Exhibitor/Animal Entertainment
Industry permittees holding native wildlife for the purposes of education may
hold species defined under the rules of Chapter 635 Divisions 044 and 062.
Native wildlife that are found injured and/or orphaned in the wild in Oregon
and are not suitable for release into the wild, but are suitable for
educational purposes, may be held under a Wildlife Exhibitor/Animal
Entertainment Industry permit provided the animal in question is placed by the
Department and given to a licensed Wildlife Rehabilitator not directly
associated with the Exhibitor's business, unless approved by the Department.
(a) Placement or final disposition of wild
non-releasable wildlife will be determined at the discretion and pre-approval
of the Department. Native species shall only be acquired from the Department
or, upon approval by the Department, from a licensed Oregon Wildlife
Rehabilitation Facility that is permitted with the Department.
(A) The Department veterinarian shall receive
written documentation for each animal requested for Exhibit from a licensed
Oregon Wildlife Rehabilitation Facility's veterinarian stating why the animal
is unsuitable for wildlife rehabilitation and release, but suitable for
education purposes.
(b)
Licensed Oregon wildlife rehabilitators who legally hold only non-releasable
migratory bird species for educational purposes are not required to acquire a
Wildlife Exhibitor/Animal Entertainment Industry permit.
(c) Wildlife may only be transferred from a
licensed wildlife rehabilitation facility to a permitted Wildlife
Exhibitor/Educational facility through prior approval by the Department.
(6) New application
requirements for Wildlife Exhibitor/Animal Entertainment Industry and Sanctuary
permit shall include:
(a) An inventory of
each animal requested including the common and scientific name, sex, and age of
each animal.
(b) A resume which
provides the dates and description of an applicant or their full-time
employee's experience. The resume is required only when applying for the
initial permit, an amendment, or when applying to add new species to the
inventory upon renewing a permit.
(c) A copy of current USDA license or
registration document required by the USDA (for mammals) and a copy of the most
recent USDA facility inspection form completed for the facility shall be on
file with the department at all times. A copy of the issued USDA license or
registration document shall be provided to the department within 10 business
days of receipt of the document.
(d) Three letters of recommendation are
required for new applicants, written in the previous five years, on letterhead
stationary with an original signature signed in ink from the owner or operator
of a facility where the applicant or their employee gained his/her experience
and may include a recommendation from other licensed industry associates. The
letters shall provide the printed name of the owner or operator and detailed
information regarding the quality and extent of the applicant's or their
employee's, knowledge and experience related to the permit requested. AZA and
ZAA accredited facilities may submit this information with their 5-year
accreditation documents, however, animal inventory and employee and facility
changes must be submitted annually.
(e) A detailed statement of purpose
describing the planned use for each animal. Applicants shall include relevant
materials including lists of prospective clients with their contact information
or contracts with clients or websites, scripts, brochures or flyers promoting
or describing the planned use of the animals. If the animals will be used in an
educational program, the applicant shall provide an explanation why live native
and/or restricted species are necessary and copies of the educational material
that will be distributed. The department may deny the issuance of a permit if
it determines that the statement of purpose for the animal(s) does not
sufficiently describe the planned use for each animal or is not supported by
the permit application materials. The department may require a permittee
seeking to renew a permit to provide documents, including but not limited to
client lists with contact information or contracts with clients, demonstrating
that the use of a permitted animal was consistent with the statement of
purpose.
(f) A copy of all current
permits required by the United States Fish and Wildlife Service (USFWS) shall
be on file with the Department at all times. A copy of the issued USFWS license
or registration document shall be provided to the Department within 10 business
days of receipt. Any person who is required to possess a USFWS permit for the
restricted species applied for or listed on a Department-approved permit is
required to comply with these requirements.
(g) The name, address, and telephone number
of the veterinarian that provides veterinary care for wildlife listed on the
permit.
(h) Emergency Action Plan.
Every Exhibitor, Animal Entertainment Industry and Sanctuary Permittee shall
have a written Emergency Action Plan readily available and posted in a
conspicuous place in the event of an escape, an attack or an emergency
evacuation, and shall submit a copy to the department upon application, renewal
of a permit and addition of species. The Emergency Action Plan shall be titled,
with a revision date, updated annually and include, but is not limited to the
following:
(A) List of the re-capture
equipment available, including but not limited to darting equipment, nets,
traps, and chemical immobilization drugs;
(B) Description of humane lethal dispatch
methods for various animals and a list of qualified personnel who are trained
to carry out the methods;
(i) List of medical
supplies/first aid kits and where they are located;
(ii) Description of mobile transport cages
and equipment on hand;
(iii) List
of emergency telephone numbers that includes the local department field office,
department regional office, and animal control agencies; and
(iv) Written plan of action for emergencies.
(i)
Permittees are responsible for the capture, and for the costs incurred by the
Department related to capture or elimination of the threat, of an escaped
animal or the use of humane lethal force required to capture an animal that
escapes. If an escaped animal becomes a public safety threat, state, federal,
or local law enforcement personnel have the authority to use appropriate lethal
force required to end the threat.
(j) Any incident involving an animal held
under a Wildlife Holding or Wildlife Exhibitor/Animal Entertainment Industry or
Sanctuary Permit that results in serious injury or death to a person shall be
reported immediately to the department's District office having jurisdiction
over the area in which the serious injury and death has occurred. If the
Department determines that serious injury or death has occurred as a result of
contact with an animal held under the authority of a Wildlife Holding, or
Wildlife Exhibitor/Animal Entertainment Industry or Sanctuary Permit, the
authorizations and conditions of the permit may be reviewed and subject to
change by the Department. Additional conditions to the permit may be added at
any time to provide for human health and safety.
(k) Permittees shall report by telephone
immediately and at first knowledge of the intentional or unintentional escape
or release of a wild animal to the Department District biologist and the
nearest law enforcement agency of the city or county in which the wild animal
was released or escaped.
(7) Wildlife Sanctuaries must follow Global
Federation of Animal Sanctuaries standards and requirements in effect on
January 20, 2017. Wildlife Sanctuaries shall have:
(a) No captive breeding;
(b) No commercial trade in animals or animal
parts;
(c) No public tours allowed
that are not guided and conducted in a manner that minimizes the impact on the
animals and their environment, does not cause them stress, and gives them the
ability to seek visual barriers and shelter;
(d) Animals are not exhibited or taken from
the sanctuary or enclosures/habitats for non-medical reasons; and
(e) The public does not have direct contact
with wildlife.
(8)
Wildlife Exhibitor/Animal Entertainment Industry or Sanctuary Permittees
holding black bears, cougars, or wolves exhibited directly to the public or
involving guided tours and inclusive of zoos and aquariums, must show annual
proof of liability insurance policy with an insurer authorized or approved to
write such insurance in Oregon that covers claims or injury or damage to
persons or property caused by wildlife held on their permit or any resulting
claims against the state. The amount of the insurance coverage shall be not
less than one million US dollars.
(9) Wildlife used in filmed media
entertainment must follow the American Humane Association's (AHA) Guidelines
for the Safe Use of Animals in Filmed Media monitored by AHA Certified Animal
Safety Representatives and use held wildlife in productions that attain the
American Humane Association rating of acceptable or outstanding.
(10) For-profit and non-profit Zoos and
Aquariums that are not AZA or ZAA accredited and are holding native wildlife
must gain AZA or ZAA accreditation status by January 21, 2022. For purposes of
Chapter 635 Division 44 rules, AZA and ZAA are considered equivalent in quality
of standards for holding native Oregon wildlife.
Stat. Auth.: ORS
498.002,
496.171 - 182
Stats. Implemented: ORS
498.002,
496.171 -
182
