3 Del. Admin. Code § 903-7.0

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

Section 903-7.0 - Permit Classes

7.1 Individual Permit

7.1.1 When an exotic is kept as a pet, the owner or custodian of the exotic must apply to the Department for an Individual Permit on a form supplied by the Department. Individual Permits granted by the Department shall become null and void when the owner or custodian transfers ownership or custodianship of the exotic to another person. The owner or custodian must obtain a separate Individual Permit for each exotic animal kept as a pet. A background check of an owner or custodian applying for an Individual Permit may be completed by the Department.

7.1.2 An Individual Permit is not transferable, is valid for three years, and must be renewed in accordance with regulation 9.1.

7.1.3 When the owner or custodian of an exotic holds an Individual Permit for that exotic and he or she transfers ownership through gifting or adoption then he or she is not considered to be a seller and is not required to have a Sales Permit.

7.2 Accredited Zoo Permit

7.2.1 All zoos in Delaware must obtain an Accredited Zoo Permit which is not transferable.

7.2.2 All zoos in Delaware must be in keeping with the Association of Zoos and Aquariums (AZA) accreditation process.

7.2.3 An Accredited Zoo Permit is not transferable, is valid for five (5) years and must be renewed in accordance with section 9.2.

7.3 Exhibitor Permit

7.3.1 All owners or custodians (with the exception of permitted Accredited Zoos located in Delaware) that wish to present exotic animals for public viewing must obtain an Exhibitor Permit.

7.3.2 An Exhibitor Permit is not transferable, is valid for the calendar year in which it was issued and must be renewed in accordance with regulation 9.3.

7.3.3 A background check of an owner or custodian applying for an Exhibitor Permit may be completed by the Department.

7.3.4 Exotic Animal Exhibitors Duties:

7.3.4.1 Notify the Department withinsixty (60) days prior to exhibiting exotic animals in Delaware;

7.3.4.2 Provide the Department with an annual inventory which includes an Accurate Description of each exotic animal to be exhibited. The inventory does not need to include exempt exotics (regulation 6.1). If changes to the annual inventory previously provided to the Department occur prior to exhibiting in Delaware then notify the Department by e-mail, fax or writing of the changed inventory by listing the addition or removal of each exotic animal;

7.3.4.3 Provide the Department with the dates of exhibition;

7.3.4.4 Provide the Department with a list of exhibition activities;

7.3.4.5 Provide the Department with a public health and safety plan, an animal attack protocol, and an animal health plan upon request;

7.3.4.6 Show proof of exotic animal permits or licenses from the state or states where the exhibitor is based to the Department upon request;

7.3.4.7 Provide valid health certificates upon request;

7.3.4.8 When applicable have a valid DE business license and provide proof of same upon request; and

7.3.4.9 Provide proof of knowledge of exotics' health, safety and proper care upon request.

7.4 Rehabilitator Permit

7.4.1 The Rehabilitator Permit must be obtained from the Department by an owner or a custodian who provides short term care and rehabilitation of exotic animals.

7.4.2 The applicant for the Rehabilitator Permit for native species must provide documentation that he or she holds a Wildlife Rehabilitator Permit from DNREC.

7.4.3 A Rehabilitator Permit is not transferable, is valid for three years and must be renewed in accordance with regulation 9.4.

7.4.4 A background check of an owner or custodian applying for a Rehabilitator Permit may be completed by the Department.

7.4.5 Rehabilitator Permit Holder's Duties:

7.4.5.1 By December 31st of each calendar year the exotic animal Rehabilitator must:

7.4.5.1.1 Provide the Department with a yearly inventory of every exotic currently being rehabilitated. The inventory does not need to include exempt exotics (regulation 6.1). The inventory must include an Accurate Description of each exotic;

7.4.5.1.2 Request in writing permission from the State Veterinarian or his/her designee for an extension of the exotic's rehabilitation time when the exotic is carried over from the prior year's inventory;

7.4.5.1.3 Identify each dead, adopted or relocated exotic from the prior year's inventory and note whether exotic has been relocated in the State of Delaware or outside the State of Delaware;

7.4.5.1.4 Identify each exotic newly acquired during the calendar year ending on December 31^st. The identification should include: an Accurate Description, a brief explanation of the reason each exotic animal was acquired or born and note whether the newly, acquired exotic remains in the yearly inventory, has died, has been adopted, or has been relocated in the State of Delaware or outside the State of Delaware; and

7.4.5.1.5 Include the adopter's name, address and when available, telephone and e-mail.

7.4.5.2 Provide the Department with a public health and safety plan, an animal attack protocol, an emergency evacuation plan and an animal health, proper care and rehabilitation plan upon request.

7.4.5.3 Be limited to a maximum of twenty (20) exotic animals per Class of Exotic unless a written request to exceed the maximum number is approved by the State Veterinarian within sixty (60) days of exceeding the maximum.

7.4.5.4 The rehabilitator must require at the time of an exotic's adoption that the adopter has obtained the appropriate class of Exotic Animal Permit from the Department.

7.4.5.5 The rehabilitator must verify at the time of the exotic's adoption that the adopter's name and address on a Valid Identification card is the same as noted on the appropriate class of Exotic Animal Permit presented.

7.4.5.6 Provide the adopter with written information regarding the exotic's enclosure, proper care, nutrition and welfare requirements.

7.4.5.7 The rehabilitator must inform the adopter that there may be county, city, local laws, rules and regulations that may govern or proscribe the possession of exotics in their area.

7.4.5.8 If the adopter resides outside the State of Delaware, the rehabilitator must maintain a record of the interstate transfer of ownership, including adopter's address; and the rehabilitator is responsible for notifying the appropriate state veterinarian's office or applicable state agency.

7.4.5.9 Keep a record of the adopter's name, address and when available, telephone and e-mail for three years.

7.4.6 Adopters of Rehabilitated Exotics; Duties: When an adopter proposes to become an owner or custodian of an exotic that requires permitting by the Department the following conditions prior to becoming an owner/custodian must be met:

7.4.6.1 The adopter must obtain the appropriate class of Exotic Animal Permit from the Department prior to the time of the exotic's adoption.

7.4.6.2 The adopter must present to the rehabilitator at the time of the exotic's adoption a Valid ID with the same name and address that are on the Exotic Animal Permit.

7.5 Sales Permit

7.5.1 Owners or custodians that sell exotics in Delaware or sell exotics from Delaware to locations outside of Delaware must obtain a Sales Permit from the Department for each Class of Exotic sold.

7.5.1.1 A Sales Permit is not transferable, is valid for the calendar year in which it was issued and must be renewed in accordance with regulation 9.5.

7.5.1.2 Accredited Zoo Permit and Rehabilitator Permit holders are not required to hold a Sales Permit.

7.5.1.3 Exhibitor Permit holders engaged in the sale of exotics are required to hold a Sales Permit in accordance with regulations 7.5, 8.5, and 9.5.

7.5.1.4 With the exception stated in regulation 7.1.3, Individual Permit holders engaged in the sale of exotics or the breeding of exotics in the Herbivore or Reptile class are required to hold a Sales Permit in accordance with regulations 7.5, 8.5, and 9.5.

7.5.1.5 A background check of an owner or custodian applying for a Sales Permit may be completed by the Department.

7.5.1.6 When applicable have a valid Delaware business license and provide proof of same upon request by the Department.

7.5.1.7 Notify the Department in writing by June 30^th each year of any exotic that was acquired, born or died since the prior year's (December 31^st) inventory. This notification does not apply to exempt exotics (regulation 6.1).

7.5.2 Seller's Duties- When an owner or custodian proposes to sell an exotic that requires permitting by the Department the following conditions of sale must be met:

7.5.2.1 The seller must require at the time of the sale that the purchaser has obtained the appropriate class of Exotic Animal Permit from the Department.

7.5.2.2 The seller must verify at the time of the sale that the purchaser's name and address on a Valid Identification card is the same as noted on the appropriate class of Exotic Animal Permit presented.

7.5.2.3 The seller must provide the purchaser with written information regarding the exotic's enclosure and welfare requirements.

7.5.2.4 The seller must notify the purchaser that there may be county, city, and local laws, rules and regulations within the State of Delaware that may proscribe or govern the possession of exotics in their area.

7.5.2.5 The seller must notify the Department in writing of the purchaser's name and address, and when available, e-mail address or telephone number and an Accurate Description of the Exotic by the first of every month after the sale of an Exotic.

7.5.2.6 If the purchaser resides outside the State of Delaware, the seller must maintain a record of the interstate sale, including purchaser's address, and must notify the appropriate state veterinarian's office or applicable state agency.

7.5.2.7 A legible copy of the purchaser's sale record must be maintained by the seller for 3 years after the sale of the exotic animal.

7.5.2.8 The seller must attest in writing that all exotic animals put up for sale are in good health at the time of sale.

7.5.2.9 The seller of reptiles must be in keeping with regulation 5.1.

7.5.2.10 Sales permit holders are prohibited from breeding the following exotics in the Herbivore and Reptile classes:

7.5.2.10.1 Members of Herbivore class prohibited from breeding:

7.5.2.10.1.1 Herbivores whose average adult body weight of the species is greater than thirty pounds; and

7.5.2.10.1.2 All rare and endangered species.

7.5.2.10.2 Members of Reptile class prohibited from breeding:

7.5.2.10.2.1 All members of the Crocodilian group: Alligators, Caimans, Crocodiles, and Gharials;

7.5.2.10.2.2 All members of the Tuatara group;

7.5.2.10.2.3 All giant snakes when average adult body length of the species is larger than 5 feet: Anacondas, Pythons and Boas;

7.5.2.10.2.4 All giant lizards: Monitors (Varanidae);

7.5.2.10.2.5 All giant tortoises: Aldabras and Galapagos; and

7.5.2.10.2.6 All rare and endangered species.

7.5.3 Purchaser's Duties. When a purchaser proposes to become an owner or custodian of an exotic that requires permitting by the Department the following conditions prior to purchase must be met:

7.5.3.1 The purchaser must obtain the appropriate class of Exotic Animal Permit from the Department prior to the time of purchase.

7.5.3.2 The purchaser must present to the seller at the time of the sale a Valid ID with the same name and address that are on the Exotic Animal Permit.

3 Del. Admin. Code § 903-7.0