3 Del. Admin. Code § 903-3.0

Current through Register Vol. 28, No. 5, November 1, 2024
Section 903-3.0 - Definitions

"Accurate Description of the Exotic" means the name, location, age, gender (when visible or known), markings/color, tattoo, identification tag, microchip and/ or other distinguishing characteristics of the exotic together with the name and residence of the owner or custodian.

"Adopter" means a person who becomes an owner or custodian of an exotic animal.

"Animal Attack Protocol" means a document that outlines an owner's or custodian's action plan should the exotic animal bite, injure or attack a human or animal.

"Carnivore" means a flesh-eating mammal, which possesses teeth and claws adapted for attacking and devouring prey.

"Class of Exotic" means each of the following groups constitute a separate and distinct class: Carnivore, Herbivore, Hybrid of a wild animal, Omnivore, Primate and Reptile.

"Custodian" means a person who possesses or cares for an exotic animal. A custodian has immediate charge and control of the exotic.

"Department" means the Delaware Department of Agriculture.

"DNREC" means the Delaware Department of Natural Resource and Environmental Control.

"Emergency Evacuation Plan" means a written document that outlines the actions the owner or custodian plans to implement in an emergency or ordered departure in order to provide for the exotic's welfare and the public's health and safety.

"Exhibitor" means a person who displays exotic animals to the public.

"Exotic" means a live wild mammal, hybrid of a wild mammal, and a live reptile not native to or generally found in Delaware. An exotic animal is ecologically foreign to Delaware.

"Herbivore" means a mammal that feeds exclusively on vegetable matter.

"Hybrid of a wild mammal" means a mammal whose parents are different varieties of the same species or belong to different but closely allied species, one parent being a wild mammal not native to or generally found in Delaware and the other parent being a domestic mammal native to or generally found in Delaware.

"Nuisance" means an act or the threat of an action that unreasonably interferes with the health, safety or property rights of the community at large.

"Omnivore" means an animal which eats any sort of food, both animal and vegetable in origin.

"Owner" means a person who owns an exotic animal. An owner has or holds the exotic animal as property.

"Permit Holder" means an owner or custodian of an exotic animal who holds an applicable exotic animal permit.

"Person" means any individual, partnership, corporation, trade or professional association, firm, limited liability company, joint venture, association, trust, estate or any other legal entity, and any officer, member, shareholder, director, employee, agent or representative thereof.

"Pet" means an exotic animal that is kept for interest, companionship and amusement and is associated with a household.

"Primate" means a mammal that belongs to the highest order of mammals including monkeys and lemurs.

"Purchaser" means a person who becomes an owner of an exotic animal by exchange of cash, goods, or animals. A "Purchaser" also means a person who becomes an owner or custodian of an exotic by adoption.

"Rehabilitator" means a person who restores an exotic animal to good condition by providing short term care.

"Relocate" means to move an exotic from a rehabilitator, a zoo, an agency or the Department to a new rehabilitator, a different zoo, or another agency.

"Reptile" means any cold-blooded vertebrate of the class Reptilia including turtles, lizards, snakes, crocodilians and tuatara.

"Seller" means a person who is engaged in the sale or trade of exotic animals for cash, goods, or animals. With the exception of a rehabilitator or a zoo, a "Seller" also means a person who offers exotics through gifting or adoption.

"Secretary" means the Secretary of the Delaware Department of Agriculture or his or her designee.

"State Veterinarian" means the State Veterinarian of the Delaware Department of Agriculture, or his or her designee.

"USDA" means the United States Department of Agriculture.

"Valid Identification" (Valid ID) means a photo identification such as a Delaware driver's license, a State of Delaware Identification card, or a Passport that includes the name and address of the purchaser of the exotic animal.

"Welfare" means that the owner or custodian provides for the health and well-being, and safeguards the physiological requirements, of the exotic animal.

"Zoo" means a park or institution accredited by the Association of Zoos and Aquariums (AZA) (or its designated successor organization) where: exotics are primarily kept in cages or enclosures for people to come and see; exotics are exhibited outside of the park to the public for educational purposes; and exotics are bred and studied by scientists.

3 Del. Admin. Code § 903-3.0