603-015-0525 Bears — Special Requirements Any Facility for bears shall comply with the following: (1) Outdoor Facilities — Cages: An area of at least 400 square feet shall be provided for each animal, so as to provide sufficient space for the animal(s) to make postural and social adjustments with freedom of movement. The floor shall be four-inch reinforced concrete, sloped for free drainage, and provided with a drainage grating of adequate strength to prevent removal by a bear. The floor shall be surrounded by a curb of six-inch reinforced concrete, not less than 12 inches in height. Each pen or cage shall be at least six feet in height and be roofed to prevent escape of the bears, and areas of shade shall be provided for the animal(s). (2) Cage construction: Securely attached to cage, there shall be at least one feed trough, not less than 12 inches in depth with a capacity of not less than three cubic feet; at least one water trough, not less than 18 inches in depth with a capacity of not less than three cubic feet; and at least one den box for each animal, emplaced not less than six inches above floor level of the cage, which provides 15 square feet of floor area and at least 30 inches of inside height, with a floor sloped to provide free drainage. If of frame and mesh construction, the cage shall consist of a support framework, top and sides of steel pipes or beams equivalent in strength to 1-1/2 inch steel pipe, securely welded, bolted or threaded together, with framework members at intervals of no more than five feet. The wire mesh covering shall be five-gauge chain link fencing or equivalent, securely bolted together and to the framework. If a bar-type construction, the cage shall consist of steel pipes or bars equivalent in strength to 3/4-inch steel pipe, spaced at intervals not to exceed six inches, supported at intervals not to exceed 36 inches with 3/8 x 2-inch steel bars drilled to receive the vertical boards at the support intervals, with all joints or points of meeting securely bolted or welded at the top and sides. The skirt of the cage shall be embedded in a concrete curb to a depth of not less than six inches. (3) Security: In order to provide for the safety of the public, bears shall be handled in accordance with the following: (a) A gate to the main cage shall be installed and constructed so as to provide strength equivalent to the rest of the cage, and the hinges and fasteners shall be adequate to provide strength equivalent to the rest of the cage; (b) The animal(s) shall be confined inside the permitted Facility and shall only be allowed outside the Facility for medical treatment or for removal to another approved Facility. The animal(s) shall be restrained inside a cage within the vehicle so as to prevent escape from, or interference with the operator of, the vehicle; and (c) The cage shall be securely padlocked except during cleaning. An additional fence of sturdy construction, not less than six feet in height and not less than six feet removed from the cage shall be erected and maintained. Impervious walls on the outside perimeter of the property used as wall(s) of the primary enclosure do not require the additional fence. No person except the keeper of the bears shall be allowed to approach the cage beyond this fence. (4) Sanitation: Excreta and debris shall be removed from the facilities as often as necessary to prevent contamination of the food or water supplies, reduce disease hazards, and reduce odors. (5) The Department may modify or waive the confinement requirements established in sections (1), (2), and (3) of this rule subject to the following: (a) The animal is determined by the Department to be less than 180 days of age; (b) The Department’s approval to modify or waive the requirements must be in writing and must include an expiration date; and (c) The Department may impose reasonable conditions on such approval. Statutory/Other Authority: ORS 561 & 609 Statutes/Other Implemented: ORS 609.305 - 609.335 History: DOA 39-2023, renumbered from 603-011-0715, filed 10/31/2023, effective 10/31/2023 DOA 30-2000, f. & cert. ef. 11-6-00 DOA 8-1998, f. & cert. ef. 9-14-98 Reverted to AD 9-1986, f. & ef. 5-27-86 AD 18-1997(Temp), f. & cert. ef. 12-8-97 thru 6-5-98 AD 9-1986, f. & ef. 5-27-86