Or. Admin. Code § 603-015-0510

Current through Register Vol. 63, No. 10, October 1, 2024

Section 603-015-0510 - Permit Application, Issuance, and Renewal

(1) A person intending to keep an exotic animal in captivity shall before acquiring the animal, apply to the Department for the issuance of a Permit by submitting an application therefore to the Animal Health Division of the Department at its address of Agriculture Building, 635 Capitol Street N.E., Salem, OR 97301, accompanied by a permit fee. Holders of a valid license or registration from the U.S. Department of Agriculture under the federal Animal Welfare Act of 1970, or holders of a valid permit from the Oregon Department of Fish and Wildlife to operate a wildlife rehabilitation facility are not subject to OAR 603-011-0700 through 603-011-0725, including the requirement to obtain a Permit from the Department. Permit fees shall be:

(a) $100 for Class 1 and 2 felines, Class 1 and 2 primates, bears and Class 1 canines;

(b) $75 for crocodilians;

(c) $50 for all other exotic animal classes.

(2) Before the stated date of expiration of a Permit, the holder of the Permit may apply to the Department for a renewal thereof for an additional term of up to two years from the stated expiration date, and thereafter for additional two-year renewals of the permit. Notwithstanding the term of the Permit, the Department may modify in writing the conditions and/or limitations of the Permit at any time. Renewal fees shall be:

(a) $100 for Class 1 felines, Class 1 primates and bears.

(b) $50 for crocodilians.

(c) $25 for all other exotic animal classes.

(3) An application for a Permit shall be on a form prescribed by the Department, shall be signed by the Permittee, and shall include:

(a) The name, address and telephone number of the Permittee, and the owner of the animal(s) if different than the Permittee;

(b) The specific location and nature of the proposed Facility. If the real property containing the proposed Facility is leased, the application shall also include the name and written consent of the owner to the keeping of the exotic animals on the property. For Class 1 and 2 exotic felines, Class 1 and 2 non-human primates, bears, and Class 1 exotic canines the application shall include a sketch map of the premises owned or leased by the Permittee with dimensions of the real property and description of all adjacent properties;

(c) The species of exotic animals for which the Permit is sought;

(d) A certification by the Permittee that all federal, state, county and city permitting requirements have been met, including copies of each relevant permit;

(e) The name, address and telephone number of the veterinarian intended to provide medical care for the exotic animal(s);

(f) The documented experience, training and education of the Permittee relating to the care and keeping of the particular species of exotic animal(s) for which application is being made;

(g) A written plan for nutrition, health maintenance, and general welfare of the animal which has been prepared by or approved by an authoritative reference person. Such approval or plan shall include the name, title, position, qualification, address and telephone number of the reference person. The plan will be reviewed by the Department prior to approval; and

(h) The date upon which the proposed Facility will be available for inspection by the Department, which shall be not less than 7 days prior to the time the exotic animal(s) is/are kept at the proposed Facility.

(4) The Department shall review the permit application and in determining whether to issue or renew the Permit shall consider factors relating to public safety and health, welfare and safety of the animal. Such factors include but are not limited to:

(a) Proximity of the Facility to public routes of travel, residential neighborhoods, schools, and other public gathering places;

(b) Potential for unintended or accidental public access to the Facility;

(c) Potential for vandalism that compromises the security of the Facility; and

(d) Potential for willful harassment or disturbance of the animal(s).

(e) Whether, based on the Permittee's certification and any other evidence received by the Department in connection with the proposed Facility, all federal, state, county and city laws applicable to the Facility have been met.

(5) The Department shall conduct an interview with the Permittee to determine if the Permittee is likely to be able to keep the exotic animal(s) so as to assure the health, welfare and safety of the animal(s) and the security of the proposed Facility so as to avoid undue risk to the public. In determining whether to issue or renew the Permit, the Department shall also consider whether:

(a) The Permittee has adequate knowledge, experience and training to maintain the health, welfare and safety of the animal(s), and to handle the animal(s) with safety and competence. This will include review of the written plan for nutrition and health maintenance and consideration for the needs of infant animal(s). Approval of permits for Class 1 & 2 exotic felines, Class 1 non-human primates, and bears shall require a minimum of 500 hours of hands-on experience including nutrition, feed preparation, safe handling, transportation, and general welfare and maintenance of the animal type involved or of other species of exotic felines, non-human primates, or bears. Fewer hours of hands-on-experience are required for permitting other classes or species. At least one-half of such experience must be with animals of the classification for which the permit is sought. Such experience may be documented by a log book, employment records, or other means by which experience may be authenticated; and

(b) The Facility is adequately designed, constructed, and is likely to be managed to protect the public from escape of the confined animal(s) including when the Permittee is not on the premises.

(6) Before issuing a Permit the Department may perform an inspection of the Facility to determine its design, construction and proposed operation is consistent with the applicable provisions of OAR 603-011-0700 to 603-011-0725 and ORS 609.309.

(7) Following its review of the application and any other relevant information, the Department shall either issue the Permit or deny the application and notify the applicant. If the Department issues the Permit, it may include any conditions intended to ensure the health, welfare and safety of the animal(s) covered by the Permit and, where the Department finds it necessary, conditions intended to assure the security of the Facility so as to avoid undue risk to the public. Such conditions may include limitations on the number of animals that can be kept at the Facility.

Or. Admin. Code § 603-015-0510

DOA 39-2023, renumbered from 603-011-0705, filed 10/31/2023, effective 10/31/2023

Statutory/Other Authority: ORS 561 & 609

Statutes/Other Implemented: ORS 609.205 - 609.335