Or. Admin. Code § 635-044-0460

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

Section 635-044-0460 - Holding of Live Black Bear (Ursus americanus), Cougar (Puma concolor), Bobcat (Lynx rufus), Wolf (Canis lupus), Raccoon (Procyon lotor) and Skunk (Mephitis spp.)

(1) Black bears, cougars, bobcats, wolves, raccoons and skunks held in captivity require a Wildlife Holding or Wildlife Exhibitor/Animal Entertainment Industry or Wildlife Sanctuary Permit and associated fees paid for those species held.

(2) Black bears, cougars, bobcats, wolves, raccoons and skunks may only be held at AZA accredited facilities or in Department approved facilities meeting standards defined in the Oregon Enclosure and Caging Standards for Holding Wildlife (Exhibit 1) or as defined in 635-044-0500(5)(b).

(3) Black bears, cougars, bobcats, and wolves, acquired by transfer or new acquisition as part of an existing permit or new holding application after January 20, 2017, shall only be held at AZA accredited facilities or as approved by the Department in Wildlife Exhibitor/Animal Entertainment or Wildlife Sanctuary facilities. No more than one black bear, one cougar, or one bobcat may be held on a Wildlife Exhibitor/Animal Entertainment or Wildlife Sanctuary Permit unless approved by the Department.

(4) Black bears, cougars, bobcats, wolves, raccoons, and skunks must have been acquired from an out-of-state licensed USDA breeder with approved documentation that may include a valid sales receipt, Certificate of Veterinary Inspection with import permit from Oregon Department of Agriculture, valid agency transfer of ownership permit identifying the animal was propagated and born in legal captivity, or as approved by the Department.

(a) Black bears, cougars, bobcats, wolves, raccoons and skunks must be marked permanently and uniquely with either a lip or ear tattoo and/or implanted Radio Frequency Identification Device (microchip). Holders of these defined species of animals shall meet these requirements by January 21, 2018.

(b) Live black bears, cougars, bobcats, wolves, raccoons, and skunks shall not be removed from the wild, with the exception of animals captured and placed by the Department in an AZA accredited facility, or as authorized by a Scientific Taking Permit (OAR 635-043-0023), Wildlife Rehabilitation Rules (OAR 635 Div. 062), as nuisance wildlife captured by permit (OAR 635 Div. 435), or as approved by the Department.

(c) Black bears, cougars, bobcats, wolves, raccoons, and skunks held on a Wildlife Holding Permit or Wildlife Exhibitor/Animal Entertainment Industry or Sanctuary Permit cannot be bred, reproduced, or propagated in Oregon or offered for sale, trade, barter or exchange, including grandfathered animals with one exception: The Department recognizes that AZA-accredited facilities participate in native species conservation, in part, by the breeding of native species in captivity; therefore, AZA-accredited facilities may breed native species for which there is a current AZA-approved SSP Program which calls for breeding in captivity at the AZA facility with prior approval by the Department. AZA accredited facilities must submit a copy of the relevant AZA SSP Breeding and Transfer Plan Recommendations. If an AZA accredited facility wishes to breed a native species that does not have an AZA-approved SSP Program or is not part of a federal and/or state species recovery plan, the facility may request authorization for breeding from the Department by including information on justification for breeding, number of young desired, and proposed final disposition of resulting progeny.

(d) Black bears, cougars, bobcats, and wolves may only be transferred between valid Wildlife Exhibitor/Animal Entertainment Industry, Sanctuary or AZA or ZAA accredited facilities with prior approval by the Department. Raccoons and skunks may not be offered for sale, trade, barter, or exchange as a household pet in Oregon (ORS 498.029).

(e) Black bears, cougars, bobcats, wolves, and raccoons must be held within AZA accredited facilities or facilities defined in Exhibit 1 and approved by the Department, except when:

(A) Transported to or from licensed Oregon veterinary clinics or other ODFW-approved facilities in temporary holding or transportation caging that is pre-approved by the Department; or

(B) With a Department letter of authorization for requested activities.

(f) Application renewals must include a description of permanent and unique animal identification mark and mark location, and veterinary documentation of reproductive sterilization (if required when both sexes are held). No access or contact shall occur between wild animals and captive wildlife including but not limited to black bear, cougar, bobcats, wolves, raccoons and skunks or other wildlife held on a Wildlife Holding or Exhibitor/Animal Entertainment Industry or Sanctuary Permit.

(5) The burden of proof of the hybridity of a bobcat-cross or wolf-cross animal is the responsibility of the animal owner. A wolf is considered "pure-bred" when the animal's genetic and phenotypic makeup does not include any genetic material or characteristics of a domestic dog or other canine. A bobcat is considered "pure-bred" when the animal's genetic and phenotypic makeup does not include any genetic material or characteristics of a domesticated cat or exotic felid species. Documentation in the form of breeding evidence by pedigree and record, records of acquisition and disposition, transactions, and sworn statements, will be required of all bobcats and wolves claimed to be hybrids, and genetic testing may be conducted by the Department. Lack of sufficient proof of hybridity as determined by the Department will genetically classify the animal as a bobcat or wolf requiring a Wildlife Holding Permit or Exhibitor/Animal Entertainment Industry or Sanctuary Permit and regulation under the conditions of these rules (635-044-0460(3), (7)(a), and 635-044-0470(2)).

(6) Raccoons and Skunks:

(a) No more than two raccoons may be held on a Wildlife Holding Permit. Additional animals may be held or added to a permit with Department approval.

(b) Two or more held raccoons or skunks of different sexes requires sterilization of either sex. Animals older than 6 months of age and adult animals presently held or newly acquired must be sterilized within 30 days of rule adoption or animal acquisition. Written documentation of the completed procedure by a licensed veterinarian is required.

(c) Held raccoons must be caged or restrained when transported beyond the permitted facility.

(7) Gray Wolves in Captivity:

(a) Except as provided in 635-044-0470(3), pure-bred wolves acquired after January 20, 2017 must be held in AZA accredited facilities unless specifically approved by the Department.

(b) Current holders of captive wolves must:

(A) Not import, export, purchase, sell or exchange any pure-bred gray wolf except with written authorization from the Department prior to transferring a pure-bred gray wolf to another facility;

(B) Comply with the requirements of OAR 635-044-0470, and;

(C) Possess a valid USDA permit, and;

(D) Provide the Department a copy of their current federal permit/licenses with their Permit application or renewal.

Or. Admin. Code § 635-044-0460

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

Tables referenced are not included in rule text. Click here for PDF copy of table(s)

Stat. Auth.: ORS 498.002, 497.228, 496.171 - 182

Stats. Implemented: ORS 498.002, 497.228, 496.171 - 182