Delaware Exotic law

[snakemaster]

13 DE Reg 559 11-01-09

I gave this a quick glance and looks bad No exotics except the ones listed . There is going to be a lot of pissed off bird keepers in Delaware. No budgies , parrots, canary,cockatiels and many more exotics.

[MLynch]

Re: Delaware Exotic law

It says nothing about specific exotics being illegal to own, buy, trade, or transport. It merely states that some are exempt from requiring a permit. All other (not listed) would require a permit to own.

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.
6.1.3 Exempt 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.

It also states that if you are no longer the caregiver of the animal (being that it is sold, traded, or adopted) the permit is null and void - which is pretty much SOP.

However... It states that those holding a seller's permit are not allowed to breed various animals.

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.

Regulations 4.5.2:

4.5.2 The State Veterinarian can prohibit Accredited Zoo Permit and Sales Permit holders from breeding exotics if there is a threat to domestic animals in the state.

Regaltion 7.5.2.10

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.

Regulation 11.4.5 is dealing with birds (So I won't post all of it's cross references since it's not terribly relevant here).

11.4.5 Sales Permit holders are limited to breeding the following classes: Reptile and Herbivore and must be in keeping with regulations 4.5.2, 7.5.1.7, 7.5.2.10, 8.5, and 9.5.

Keep in mind, though, that this is still only a proposed amendment to Delaware's Exotics regulations. This can still be overturned. With that in mind: ACT! There is an address at the very beginning of the proposed amendment to send all comments. Respond to this. And contact Delaware's reps about this. This can still be turned around....The down side is we only have until December 1 to react. So get those letters in the mail today!

The Delaware Department of Agriculture re-proposes these regulations in accordance with the General Assembly’s mandate to enforce Chapter 72 of Title 3 of the Delaware Code and to specify the means by which citizens of the State of Delaware may obtain a permit from the Delaware Department of Agriculture to possess, sell, or exhibit, exotic animals within the state.


An earlier version of these regulations was considered at a public hearing on February 20, 2009 at 10:00 a.m. at the Department of Agriculture Building, Secretary’s Conference Room. Public comments were received at that time leading to substantive changes. Those earlier comments led the Delaware Department of Agriculture to re-promulgate the regulations and to solicit additional public commentary. The comment period ended on August 1, 2009.


As a consequence of receiving still additional comments from the public the Delaware Department of Agriculture again proposes these regulations and solicits comments from the public. Any such comments should be submitted to the State Veterinarian, Heather Hirst, DVM at the Delaware Department of Agriculture, 2320 S. DuPont Highway, Dover, DE 19901 on or before December 1, 2009. Copies of the proposed regulations are available on request.

[MLynch]

Re: Delaware Exotic law

!! Bump !!