635-044-0500 Requirements for Care of Wildlife Held in Captivity (1) All wildlife held in captivity, including, but not limited to, wildlife held under any permit, license, or condition listed in 635-044-0460 and 635-044-0480 or under a Game Bird Propagation license must provide minimum care sufficient to preserve the health and well-being of the held wildlife (except for emergencies or circumstances beyond the reasonable control of the holder), including, but is not limited to, the following requirements: (a) Appropriate food for each held species of sufficient quantity and quality to allow for normal growth or maintenance of body weight. (b) Open or adequate access to potable water in sufficient quantity and quality to satisfy the animal’s needs. (c) Shelter sufficient to protect from adverse elements, protect from predators, prevent escape, prevent other wildlife from entry, and prevent injury. Any other requirement particular to the survival of the specific animal shall also be provided. (d) Veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect or disease. (e) Daily access to an area: (A) With adequate space for exercise necessary for the health of the animal (except when transporting); (B) With air temperature suitable for the species of animal; and (C) Shall be kept free from excess food or fecal waste or other contaminants which could affect the health of the animal (f) Captive wildlife may not be restrained with a chain, rope, hobbles or similar restraint method. Tethering of raptors is permitted. (2) It is unlawful for any person possessing wildlife in their care and possession to cause or allow such wildlife to be chased, injured, harmed, harassed, or neglected. (3) Wildlife held on a Wildlife Holding Permit may not be released in Oregon without prior approval by the Department. (4) Wildlife listed in this section and captured from the wild and held for more than 48 hours in captivity or held on a Wildlife Holding Permit must remain in captivity for the life of the animal and may not be returned to the wild following capture without prior approval by the Department. (5) Facilities housing wildlife must meet ODFW minimum standards for species defined in the ODFW Enclosure and Caging Standards for Holding Wildlife for Wildlife Held in Captivity (Exhibit 1); and (a) Enclosed within suitable structures to prevent escape or prevent other wildlife from entry; (b) Applicants of Wildlife Holding Permits and holders of wildlife in captivity must demonstrate equivalency of facility construction with Department approval of all proposed facility construction design, materials, and specifications equivalent or exceeding the ODFW Enclosure and Caging Standards for Holding Wildlife. (c) Inspection of facilities by Department personnel may be conducted prior to approval of the permit. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 167.305, 167.310, 167.312, 167.315, 167.320, 167.322, 167.333, 167.334, 167.335, 167.340, 167.343, 167.345, 167.347, 167.349, 167.355, 167.390 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.006, 498.022, 498.029, 498.052, 498. 222 & 498.242 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242 & 167.310 History: DFW 22-2017, f. & cert. ef. 3-9-17 DFW 3-2017, f. & cert. ef. 1-24-17