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906 Possession, Sale or Exhibition of Live Wild Mammals or Hybrids of Wild Mammals or Live Reptiles not Native to or Generally Found in the State of Delaware


Published: 2015

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Title 3 Agriculture

Poultry and Animal Health



900 Poultry and Animal Health



906 Possession, Sale or Exhibition of Live Wild Mammals or Hybrids of Wild Mammals or Live Reptiles not Native to or Generally Found in the State of Delaware

May 16, 1994

1.0 Scope and Authority

These regulations govern the possession, sale and exhibition of live wild mammals or hybrids of wild mammals or live reptiles, not native to or generally found in the State of Delaware. 'These regulations are promulgated pursuant to the authority granted by 3 Del.C. Ch. 72. The State Veterinarian or his or her designee shall have the authority to administer these Rules and Regulations and shall be solely responsible for making the determinations required hereunder. If future situations warrant, these regulations may be amended.

2.0 Definitions

The following terms when used in these Rules and Regulations shall have the following meanings:

"Carnivores" means flesh-eating mammals which possess teeth and claws adapted for attacking and devouring their prey.

"Department" means The Delaware Department of Agriculture.

"Herbivore" means those mammals feeding 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.

"Not Native to or Generally Found in Delaware" means those species which according to the Delaware Department of Natural Resources and Environmental Control, Division of Fish arid Wildlife are riot native to Delaware.

"Omnivores" means that group of animals which eat any sort of food, especially both animal and vegetable in origin.

"Primates" means the highest order of mammals including monkeys and lemurs.

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

“Subject Creatures" means live wild mammals or hybrids of wild mammals or live reptiles not native to or generally found in Delaware which are not specifically exempted by these Rules and Regulations from the requirements of these Rules arid Regulations and Chapter 72 of Title 3 of the Delaware Code.

3.0 Requirements for Obtaining a Permit

3.1 The following requirements must be met before the Department will issue a permit to possess, sell or exhibit a subject creature.

3.1.1 Enclosure Requirements

3.1.1.1 There must be two enclosures to house a subject creature, a primary enclosure and a secondary enclosure. Fastening or locking devices shall be required on both the primary and the secondary enclosures and must be tamper proof from the general public.

3.1.1.2 The primary enclosure shall consist of a pen, cage or other enclosure where the subject creature will be kept, and must be of such construction that it cannot be destroyed by or escaped from by the subject creature.

3.1.1.3 The secondary enclosure must be of a type sufficient to prevent the subject creature from escaping from the property of the custodian of the subject creature should the subject creature escape from its primary enclosure. The secondary enclosure shall be of a type sufficient to prevent bodily contact between members of the public and the subject creature.

3.1.1.4 If the subject creature is a reptile, the requirement for a secondary enclosure may be waived if, in the opinion of the State Veterinarian or his or her designee, the primary enclosure provides adequate protection for the general public.

3.1.1.5 If the subject creature is removed from the primary and/or secondary enclosures for any reason, it will be the responsibility of the owner/caretaker to make every effort to insure against the escape of the creature.

3.1.1.5.1 If the subject creature is out of the enclosures for the purpose of exercise, it will be the responsibility of the owner/caretaker to have the creature restrained by such a device that the creature will be under the strict control of the owner/caretaker at all times. Under strict control of the owner/caretaker shall be deemed to mean that the owner/caretaker will have the creature restrained to such a degree as to prevent its attacking humans or other animals that may come within its close proximity.

3.1.1.5.2 If the subject creature is to be moved from one location to another for any reason, the creature shall be transported is such a cage or other transportation device that will be strong enough to preclude its escape while in transport.

3.2 Requirements for the Treatment of Subject Creatures

3.2.1 The subject creature or creatures must be receiving proper care, humane treatment and veterinary treatment, if required. The State Veterinarian may consult with the local Society for the Protection at Cruelty to Animals (the "S. P.C.A. ") to enforce the provisions of this rule.

3.3 Prohibition on Public Nuisance

3.3.1 The subject creature must not be a public nuisance. A nuisance will be considered as including, but not limited to, a subject. creature which creates excessive odors or noise, displays obnoxious behavior or causes justifiable fear.

3.4 Inspection requirements

3.4.1 Prior to the granting of a permit under this section, a final inspection of the premises where the subject creature or creatures are to be housed shall be completed by department personnel to ensure that the requirements of these Rules and Regulations are being met by the applicant. The applicant must schedule such an inspection with the Department. Nothing contained herein shall be construed to prohibit the Department's personnel from reinspecting the applicant's premises at any time.

4.0 Types of Permits

4.1 There shall be four types of permits which may be issued by the Department: 1) an individual permit;. 2) a class permit; 3) breeder permit; or 4) exhibition permit.

4.2 Individual Permits

4.2.1 When subject creatures are kept as pets, the custodian of the subject creature must apply to the Department on forms supplied by the Department for an individual permit for each subject creature so kept. Individual permits granted by the Department shall be valid for the life of the subject creature, provided, however, that said permit or permits shall expire when, the custodian transfers possession of the subject creature to another person. Any natural addition (born from the animals already permitted) will require a permit when reaching the age of three (3) months if continued-to be kept on original premise.

4.3 Class Permits

4.3.1 Covers all animals. Animals are a business. Owner must have a business license. When subject creatures are kept for resale or exhibit or for medical or psychological research, the custodian of the subject creature or creatures shall apply to the Department on forms provided by the Department for a class permit for each class of subject creatures so kept.

4.4 Breeder Permits

4.4.1 Hobbyist; covers all animals, breeds animals as a hobby for personal enjoyment.

4.5 Exhibition Permits

4.5.1 Covers all animals use for educational displays and presentations. Cages and containers must be secure so there is no chance of escape during exhibition and transport.

4.5.2 Applicants may be granted permits for the following. Classes of subject-creatures: (1) Reptiles; (2) Primates; (3) Herbivores; (4) Carnivores; and (5) Omnivores.

5.0 Refusal or Cancellation of a Permit

5.1 The State Veterinarian may refuse to grant a permit under these Rules and Regulations, or may cancel a permit issued under these Rules and Regulations, if the applicant or permit holder is not in compliance with these Rules an Regulations or 3 Del.C. Ch. 72.

5.2 Notice and Informal Hearing

5.2.1 Whenever the State Veterinarian proposes to refuse to issue a permit, or to cancel a permit already issued, the Department shall first give written notice to the applicant or permit holder of the intended action and the reasons therefore. The notice shall inform the applicant or permit holder that he or she has ten (10) days from the date of the notice to request a hearing before the State Veterinarian or his or her designee. If no timely request for a hearing is received by the Department, the State Veterinarian's decision shall be final. The request for a hearing must be in writing and received by the Department within ten (10) days of the date of the notice to such person. The hearing shall be informal, and the technical rules of evidence shall not apply. The hearing shall be scheduled by the Department as soon thereafter as possible, but in no event more than ten (10) days after receipt of the request for the hearing, unless the State Veterinarian in his or her sound discretion finds that the public health, safety or welfare will not be jeopardized by a later hearing date. The hearing shall take place at a location designated by the State Veterinarian.

5.2.2 The hearing shall be before the State Veterinarian or his or her designee. The purpose of the hearing will be to determine whether the person requesting the hearing meets all of the requirements for obtaining or retaining a permit under these Rules and Regulations and 3 Del.C. Ch. 72. The hearing shall be recorded. The person requesting the hearing has the right to present evidence on his behalf, to rebut evidence against him or her and to be represented by Counsel. The hearing officer shall render his or her decision in writing within ten (10) calendar days of the date of the hearing and provide a copy of said decision to the person requesting the hearing. The hearing officer's decision shall state the reasons why the permit was refused or canceled, and this decision shall be final.

6.0 Notification of Transfer or Escape

6.1 Notification of Transfer

6.1.1 Prior to any change of possession or relocation of a subject creature for any reason whatsoever; the transferor or person relocating a subject creature shall notify the Department in writing on forms provided by the Department of such transfer or relocation. No transfer of possession or relocation of a subject creature may occur unless and until the transferee or the person relocating a subject creature applies for and is granted a new permit by the Department as herein provided.

6.2 Notification of Escape

6.2.1 Within twenty-four hours of the escape of any subject creature or creatures from the custody of its custodian, said custodian shall notify the Department of such escape, and provide reasonable assistance and cooperation to the Department to recapture said subject creature or creatures.

7.0 Failure to Obtain Proper Permit

7.1 When the Department has reason to believe that a subject creature is being kept by a person without a proper permit issued pursuing to these Rules and Regulations, the Department shall notify such person of such violation in writing. Such person shall have ten (10) calendar days from the date of this notice to obtain a proper permit pursuant to these Rules and Regulations. At the discretion of the State Veterinarian and for good cause shown, upon written request of the person, the State Veterinarian may grant an additional ten (10) day extension to such person if, in the State Veterinarian's sound discretion, such extension will not endanger the public health, safety and welfare. The lack of money or resources needed to come into compliance with these Rules and Regulations and 3 Del.C. Ch. 72 shall not be good cause for an extension of this Rule.

7.2 Informal Hearings

7.2.1 If a person notified pursuant to this Section believes that a creature in his or her custody is not a creature subject to these Rules and Regulations or 3 Del.C. Ch. 72, such person may request a hearing before the State Veterinarian. Such request must be in writing and received by the Department within ten (10) days of the date of the notice to the person of such violation. The hearing shall be informal, and the technical rules of evidence shall not apply. The hearing shall be scheduled by the Department as soon thereafter as possible, but in no event more than ten (10) days after receipt of the request for the hearing unless the Sate Veterinarian in his or her sound discretion finds that the public health, safety and welfare will not be jeopardized by a later hearing date. The hearing shall take place at a location designated by the State Veterinarian.

7.2.2 The hearing, shall be before the State Veterinarian or his or her designee. The purpose of the hearing will be to determine whether or not the person notified has custody of a creature subject to these Rules and Regulations and 3 Del.C. Ch. 72 without the requested permit. The hearing shall be recorded. The person requiring the hearing has the right to present evidence on his or her behalf, to rebut evidence against him or her, and to be represented by counsel. The hearing officer shall render his or her decision in writing within ten (10) calendar days of the date of the hearing and provide a copy of said decision to the person requesting the hearing. The hearing officer's decision shall state what, if any actions must be taken on the part of the custodian of the creature to comply with these Rules and Regulations and 3 Del.C. Ch. 72, and the time within which such action must be taken.

7.3 Disposition of Subject Creatures Kept in Violation of These Rules and Regulations.

7.3.1 If a person fails to comply with these Rules and Regulations or 3 Del.C. Ch. 72 within the time allowed by the State Veterinarian or his or her designee, and fails to place the subject creature or creatures in a holding facility approved by the State Veterinarian, a list of which facilities will be maintained and made available by the Department, the State Veterinarian may order the confiscation and euthanization of the subject creature or creatures kept in violation of these Rules and Regulations or 3 Del.C. Ch. 72 without further notice to the custodian of said subject creature or creatures or any other person.

8.0 Emergency Action

Nothing in these Rules and Regulations shall be construed to prohibit the Department from confiscating and destroying any subject creature without notice or a hearing when in the opinion of the State veterinarian or his or her sound discretion such emergency action is required to protect the public health, safety or welfare.