Or. Admin. Code § 635-044-0420

Current through Register Vol. 63, No. 12, December 1, 2024

Section 635-044-0420 - Definition of Terms

(1) "Animal Entertainment Industry" means for-profit or nonprofit businesses or organizations that hold wildlife for the purpose of providing wild animals on a movie set, film set, television set, still photography set, or any other professional entertainment activity utilizing captive wildlife allowable under the rules and requirements in chapter 635 division 44.

(2) "AZA" means the Association of Zoos and Aquariums. AZA-accredited facilities must incorporate education, conservation and wildlife research as part of their mission and business model.

(3) "AVMA" means the American Veterinary Medical Association.

(4) "Department" means the Oregon Department of Fish and Wildlife.

(5) "Education animal" means wildlife acquired and legally held by a licensed Oregon Exhibitor or Wildlife Rehabilitator as defined in 635-062-0040 and in an approved facility; Education animals are primarily non-releasable migratory birds but may include other wildlife species approved by the Department;

(6) "Educational facility" is a for-profit or non-profit organizations holding non-releasable captive wildlife, often received from Wildlife Rehabilitators, or other captive bred or wild caught sources as approved by the Department, whose primary mission and business model is to provide educational information to the public as part of a living history museum involving native wildlife. Zoos and Aquariums are examples of educational facilities.

(7) "Exhibitor" means any person who legally acquired wildlife for exhibition or educational purposes and who holds that wildlife under the requirements of OAR 635, division 044;

(a) Wildlife held by an Exhibitor includes, but is not limited to, animals used for commercial and non-profit or education purposes, or in carnivals, circuses, and zoos;

(b) Wildlife held for exhibition or educational purposes does not include those held for falconry, game bird propagation, or captive cervid facilities.

(8) "Endangered species" means those species defined in ORS 496.004(6).

(9) "Facility" means any building, structure, cage, or pen in which wildlife may be kept, fed, exercised, or held during any portion of its life stages.

(10) "Grandfathering" means, for the purpose of these rules, that a person who possessed legally held native wildlife prior to January 20, 2017, may continue to hold the animal(s) for the life of said animal(s) within the provisions of these rules.

(11) "Hold" means any form of possession or control of a live animal, gamete, or hybrid thereof. The term does not include the observation or casual temporary holding of wildlife for observation and photographic purposes in their natural habitat where the animal is not removed from its immediate location.

(12) "Hybrid" means any offspring, gamete or egg that is produced from wild parent animals of different strains, races, varieties, species, or genera (for example: Canis familiaris (domestic dog) x Canis lupus (wolf) are considered F1 generation wolf hybrids. No state permit is required to possess F1 hybrids or the progeny of F1 generation wolf hybrids, however cities and counties may prohibit possession or require a permit.)

(13) "Import/importation" means to bring or cause live wildlife to be transported into Oregon by any means.

(14) "Migratory bird" means any bird, whatever its origin and whether or not raised in captivity, which belongs to a species listed in U.S. 50 CFR § 10.13, including any part, nest, or egg of any such bird.

(15) "Native" means indigenous to Oregon, not introduced (ORS 496.171(2)).

(16) "Nongame wildlife" means all wildlife species except game mammals, fur-bearing mammals, game birds, and game fish (ORS 496.375).

(17) "Pedigree" means the record of descent of an animal identifying its ancestry and genetic linage.

(18) "Permittee" means the person who holds a valid Wildlife Holding Permit, Wildlife Exhibitor/Animal Entertainment Permit, Wildlife Sanctuary Permit or Game bird Propagation License issued by the Department.

(19) "Propagation" means the breeding, reproduction, production, incubation, or rearing of wildlife for sale, release, or other uses. For purposes of these rules, propagation refers specifically to game bird species.

(20) "Public display" means to place or locate wildlife so that it may be viewed by the public directly or electronically.

(21) "Release" means permitting any legally collected wildlife, domestically raised or imported wildlife currently in possession to exist alive outside an approved holding or propagation facility.

(22) "Sanctuaries" in Oregon are accredited by the Global Federation of Animal Sanctuaries and provide lifetime care for previously captive wildlife. Wildlife held in sanctuaries may come from private owners, research laboratories, the entertainment industry, or zoos. Sanctuaries are distinguished from education and entertainment industries by limiting public display; animals are not exhibited or transported from the sanctuary for non-medical reasons.

(23) "Sensitive species" means those wildlife species, subspecies, or populations that are facing one or more threats to their populations, habitat quantity or habitat quality or that are subject to a decline in number of sufficient magnitude such that they may become eligible for listing on the state Threatened and Endangered Species List and that are included on the Sensitive Species List pursuant to OAR 635-100-0040.

(24) "Species" means a unit of classification of animals which are capable of interbreeding and producing fertile offspring.

(25) "SSP" means Species Survival Plan, which is a cooperatively managed species population within AZA member institutions to ensure the sustainability of a healthy, genetically diverse, and demographically varied population within AZA and its partners.

(26) "Take" means to kill or obtain possession or control of any wildlife (ORS 496.004(16)).

(27) "Threatened species" means those species defined in ORS 496.004(17).

(28) "USFWS" means the U.S. Fish and Wildlife Service.

(29) "Wildlife" means those species defined in ORS 496.004(19).

(30) "Wildlife held as pets" means wildlife species which are native to Oregon and may be legally held including non-game wildlife, grandfathered species, or other wildlife under conditions of Chapter 635 Div. 44 administrative rules and are not held for commercial or non-profit purposes, or supported through fees, contracts or donations or as exhibit, educational, animal entertainment industry or sanctuary animals or in an AZA or ZAA accredited facility. Wildlife held as pets cannot be bred, reproduced, or propagated and may not be offered for sale, trade, barter, or exchange.

(31) "ZAA" means Zoological Association of America.

(32) "Zoo or Aquarium" as defined by the Association of Zoos Aquariums (2016) means "a permanent institution which owns and maintains wildlife, under the direction of a professional staff, provides its animals with appropriate care and exhibits them in an aesthetic manner to the public on a regular basis. The institution, division, or section shall further be defined as having as their primary mission the exhibition, conservation, and preservation of the earth's fauna in an educational and scientific manner."

Or. Admin. Code § 635-044-0420

DFW 3-2017, f. & cert. ef. 1/24/2017

Stat. Auth.: ORS 496, 496.390, 498.002, 498.029

Stats. Implemented: ORS 496