[ SHOWGSD-L ] FWD Delaware: For those of you with turtles, tortoises and hamsters
- From: Stormy435@xxxxxxx
- To: showgsd-l@xxxxxxxxxxxxx
- Date: Tue, 14 Oct 2008 14:28:59 EDT
The state is accepting written comments concerning the proposal
submitted on or before Nov. 1, 2008, to Acting State
Veterinarian, Caroline Hughes, VMD, Delaware Department of
Agriculture, 2320 S. DuPont Highway, Dover, DE 19901.
Read bill before making comments. Bill is available at
http://usark. org/statelaws. php and download the two PDF files.
------------ --------- --------- --------- --------- -
Delaware Proposes Exotic Animal Permit System
Press Release - United States Association of Reptile Keepers,
October
8, 2008,
Read bill before making comments. Bill is available at
http://usark. org/statelaws. php and download the two PDF files.
The Delaware Department of Agriculture has proposed a series of
regulations that would establish a two-tier permit system for
owning
and selling exotic animals within the state. The proposed
regulations,
which would allow Delaware citizens to comply with an existing
state
law requiring such permits, would cover reptiles and "wild" mammals
"not native to or generally found in Delaware," bans the breeding
on
any exotic animal, including many considered as pets, outside of an
accredited zoo.
The regulations do not define the phrase "wild."
The regulations call for the state veterinarian, who works in the
Department of Agriculture, to issue, deny and revoke permits.
The state veterinarian will also maintain a public list of animals
that are exempt from permits. Under the proposal, that list is
subject
to change to keep with current animal and human health and safety
concerns.
Acceptable reasons for revoking or denying permits include any
zoonotic or animal disease concerns, an exotic animal biting or
injuring a human or escaping from its enclosure, exotic animals
being bred or reproducing, failure of the permit holder to notify
the department of the transfer or sale of any exotic animal or
maintain sales records for three years, prior animal cruelty
violations and failure to maintain welfare standards.
Applicants must be able "to demonstrate knowledge of enclosure
and welfare standards for the species under consideration with
the application. "
In addition, permit holders must provide primary and secondary
enclosures for the exotic animals. Both must be lockable and
escape-proof. The secondary enclosure "must be sufficient to
prevent the exotic animal from escaping from the property of its
custodian (owner or caretaker) should it be set free from the
primary enclosure. The secondary enclosure must also prevent any
physical contact between members of the public and the animal if
the animal is set free from the primary enclosure.
The animal's owner or caretaker must immediately notify the
Agriculture Department and appropriate animal control agency of
any escaped animal and help in the animal's recapture. The owner
or caretaker may incur any expenses associated with the
recapture, including applicable damages.
Permit holders must also have a written copy of an emergency
evacuation plan.
Because permitted animals are not allowed to reproduce in
captivity, only sterile animals and animals unable to reproduce
may be kept in shared enclosures.
The state veterinarian also has the power to order exotic animals
seized and possibly humanely destroyed if necessary to protect
public health, safety and welfare or the health of other animals.
Under the regulations, pet owners would need an individual permit
for each such "exotic" animal kept, need to file permit
applications within 10 days of acquiring the animal or moving
into the state and would need to renew the permit every three
years. In addition, the Agriculture Department reserved the
authority to conduct "background checks on applicants."
Businesses selling animals would need to obtain an exotic animal
sales permit for a specific class of animal from the Agriculture
Department before selling any exotic animal. The specific classes
are carnivore, herbivore, hybrid of wild mammals, omnivore,
primate and reptile.
Applicant businesses would need to include an inventory
identifying each animal stocked by the business at the time of
application by name, age, gender, breed, markings, approximate
weight, and/or identification number (such as tattoo or
microchip). The state would also require the business to hold a
Delaware business permit and possibly a U.S. Department of
Agriculture Exotic Animal Dealer Permit.
The sales permits would be renewable annually and would not be
transferable. In addition, permitted businesses must meet several
conditions when selling animals, including providing the buyer
written information on the animal's enclosure and welfare
requirements, notify the buyer of the need for an individual
permit and the possibility that local regulations may also apply,
notify the department of the buyer's identifying information
(name, address, telephone and e-mail) within two days of the
sale, maintain sales records for at three years, and guarantee
all sold animals are in good health at the time of sale and for
10 days thereafter.
All permit holders would need to notify the Agriculture Department
immediately of any change in ownership of an animal,
an exotic animal's birth or death, or an escape of an exotic
animal from its enclosure and within 30 days of any change in
name, permanent address or phone number.
Although the Agriculture Department's regulations do not specify
permit fees, the existing state law sets permit fees at $25 and
punishment for violations at no more than $500 and 30 days
imprisonment for each offense.
The state is accepting written comments concerning the proposal
submitted on or before Nov. 1, 2008, to Acting State
Veterinarian, Caroline Hughes, VMD, Delaware Department of
Agriculture, 2320 S. DuPont Highway, Dover, DE 19901.
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