3 Del. Admin. Code § 903-6.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 903-6.0 - Permit Exemptions; Permit Requirements; Permit Prerequisites; Waivers

6.1 The following exotics are exempt from the permitting requirement of the Department:

6.1.1 Mammals: Chinchillas, Degus, Ferrets, Gerbils, Guinea pigs, Hamsters, Hedgehogs, Mice, Norway rats, Possums, Rabbits and Sugar gliders.

6.1.2 Reptiles: Anoles, Agamas, Asian Water Dragons, Basilisks, Bearded dragons, Chameleons, Geckos, Iguanas, Skinks (except the five-lined skink), Swift lizards, and Tegus.

6.1.3Exempt exotics are subject to the regulations 1.0, 2.0, 3.0, 4.0, 5.0, 11.4.6, 12.0, and 14.2.2.

6.2 Unless specifically exempt from the permitting requirement as presented in regulation 6.1, all persons who would own or have custody of an exotic animal must first obtain a permit issued by the Department. To obtain the required permit from the Department, the prospective adopter, owner or custodian of an exotic animal must:

6.2.1 Provide the Department with satisfactory proof that the exotic animal will be confined within two enclosures, designated herein as primary and secondary.

6.2.1.1 The primary enclosure shall be a pen, cage or other structure where the exotic will be kept and which must be of sturdy and escape-proof construction. The primary enclosure must be consistent in size, structure, lighting, temperature control, and ventilation according to the welfare standards prescribed in the scientific literature or in the USDA regulations for the species being enclosed. The permit applicant is required to demonstrate knowledge of enclosure and welfare standards for the species under consideration with the application.

6.2.1.2 The secondary enclosure must be sufficient to prevent the exotic animal from escaping from the property of the owner or custodian should it be set free or escape from its primary enclosure. The secondary enclosure must ensure there will be no physical contact between members of the public and the exotic. The secondary enclosure must prevent the exotic from escaping the premises if it is out of its primary enclosure.

6.2.1.3 The holder of an Accredited Zoo, Exhibitor or Rehabilitator permit issued in accordance with regulations 7.2, 7.3, and 7.4 may request in writing that the State Veterinarian consider waiving the enclosure requirements set forth in regulations 6.2.1.1 and 6.2.1.2 because the exotic animal has unique enclosure requirements.

6.2.1.4 Shared enclosures:

6.2.1.4.1 Accredited Zoo Permit holders are allowed to breed exotic animals in all classes in the State of Delaware in accordance with Regulations 4.5.2 and 11.4.2; therefore exotics permitted by the Accredited Zoo Permit may share enclosures.

6.2.1.4.2 Sales Permit holders:

6.2.1.4.2.1 Sales Permit holders are allowed to breed exotic animals in the Herbivore and Reptile class in the State of Delaware in accordance with regulations 4.5.2, 7.5.2.10, and 11.4.5; therefore exotics in the Herbivore and Reptile classes prohibited from being bred must not share enclosures unless they are sterile or unable to reproduce and those exotics not included in the prohibited from being bred list may share enclosures.

6.2.1.4.2.2 Sales Permit holders are not permitted to breed Carnivores, Hybrids of Wild Mammals, Omnivores or Primates; hence shared enclosures for these Classes of Exotics are only for sterile exotics or exotics unable to reproduce.

6.2.1.4.3 All other Permit Class holders are not permitted to breed exotic animals; hence shared enclosures are only for sterile exotics or exotics unable to reproduce.

6.2.2 Provide the Department with a copy of an emergency evacuation plan upon request.

6.2.3 Provide the Department with a copy of an animal attack protocol upon request.

6.3 To obtain the renewal of an exotic animal permit, exotic animal owners or custodians must confirm the ongoing existence of all the requirements set forth at regulation 6.2 and must, in addition, allow Department designees access to inspect the premises where exotics are located to confirm the health and humane treatment of the exotic.

6.4 Any existing permits issued by the Delaware Department of Agriculture will become void sixty (60) days after the effective date of these proposed regulations and must be renewed in accordance with regulations 6.3 and 9.0 at no additional cost to the owner or custodian.

6.5 If an exotic was previously considered by the Department to be exempt from the permitting process and does not appear in section 6.1, then a permit is required. The initial permit for the "no longer exempt" exotic must be in accordance with Regulation 8.0. If the initial permit is obtained within sixty (60) days after the effective date of these proposed regulations, there will be no additional cost for this initial permit.

3 Del. Admin. Code § 903-6.0