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Oregon law changes for Native species

Exotic legal issues, bans, laws, regulations, Animal Rights discussions etc.

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TamanduaGirl
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Oregon law changes for Native species

Postby TamanduaGirl » Mon Feb 01, 2016 4:58 pm

Thanks to otterpop for bringing this to our attention

Law draft: http://www.dfw.state.or.us/wildlife/hot ... ry2016.pdf

draft caging standards:
http://www.dfw.state.or.us/wildlife/hot ... ry2016.pdf

If I'm reading all that right apparently you could catch and keep a wild porcupine but not have a raccoon from a licensed breeder :shrug:
No more keeping flying squirrels as pets either but some others are now explicitly allowed.

635-044-0030 - lists what can be caught and held without a permit long as you just have one or two.

635-044-0005 [0130] Lists protected wildlife that can not be held (no ringtails :icon-frown: )

635-044-0020 Raccoon, bobcat, bear, pure wolves, cougars - AZA only, grandfather clause for current permittees

So for things not listed as allowed or protected, it would seem, one would need a wildlife holding permit for it, so like for a native possum.

FOX
(11) Fox (Vulpes vulpes or Urocyon cinereoargenteus) or mink (Mustela vison) may be held by a commercial fur farm under authority of the Oregon Department of Agriculture (ORS 596.010 (3); 609.125; 596.020 (2)).


I will have to ask about that. This was the case before but kept being told it was okay long as USDA licensed for any species fox. As written though this would mean no red and grey unless a fur farm so we should just assume that but exotic fox are okay long as USDA and not "pets".
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Re: Oregon law changes for Native species

Postby TamanduaGirl » Mon Feb 01, 2016 5:47 pm

oops seems they consider opossums as invasive, so exotic. So I guess you'd need a prohibited animal permit for them. Not sure what I could have put there instead then but you get the idea if you find something wild and not otherwise listed somewhere it would need the wildlife permit. Best thing to do is ask them first.
http://www.dfw.state.or.us/species/mammals/
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Re: Oregon law changes for Native species

Postby The Herper » Mon Mar 14, 2016 11:05 pm

This is a draft, right? Has it actually been passed?
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Re: Oregon law changes for Native species

Postby TamanduaGirl » Tue Mar 15, 2016 12:20 am

Not yet. It's being discussed on the meeting on the 18th http://www.dfw.state.or.us/agency/commi ... /index.asp
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Re: Oregon law changes for Native species

Postby TamanduaGirl » Sun Mar 20, 2016 4:57 pm

Many skunk owners turned out along with our own Otterpop to say their part. Decisions were not made and will be a new meeting in June. They seemed willing to relax rules on skunks and maybe raccoons so we'll see what comes in June.
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Re: Oregon law changes for Native species

Postby The Herper » Sat Mar 26, 2016 4:17 pm

Awesome news! Hopefully the list will get whittled down further. Oregon seems to be dead set on eliminating exotics. It's good to know that we have strength in numbers. Gives me a lot of hope.

P.s- sorry for the really late reply. I was on a trip in Yosemite national park. Not much wifi, but beautiful :)

If only California didn't have that dumb law...
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Re: Oregon law changes for Native species

Postby Nìmwey » Thu Nov 24, 2016 6:20 am

Me and my fiancé are going to move to the states eventually and are looking at Oregon mostly.
Exotic animals are not important to him, but I want to live in a state where I can keep most any animal I want, if the opportunity would ever present itself.

Those animals (that are more controversial) would be smaller wild cats, like bobcats and (Eurasian) lynxes, wolfdogs, wolves, coyotes or jackals, hyenas, large-ish snakes like Boa constrictor, birds of prey.

I have read both this and viewtopic.php?f=71&t=9071, but am confused. No clear lists on what is actually A) legal, B) requires permit, and C) illegal.
And the site the other thread linked to said "no more permits will be given" as of 2010. As in, ever?! WTH?

By the way, does it make any difference if you keep the animals for some sort of education of the public, rather than "just a pet"?
My main interest is in parrots, dogs, toothed whales and snakes.
Future animals I want to have when we have land are camels, wolfdogs/wolves, coyotes or jackals, striped hyena or aardwolf. Also poultry, rabbits water buffalo and/or yak for livestock.
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Re: Oregon law changes for Native species

Postby TexasYankee » Thu Nov 24, 2016 12:16 pm

@Nimwey:
Based on what I've seen, Arkansas, Nebraska, and Delaware seem to be the best states for letting one keep whatever exotics one might want. Florida is a close second, but is also Florida.

In terms of what you want, constrictors are legal in most states, and AFAIK all states will let you keep birds of prey for falconry purposes, but you need to go though an apprenticeship. If you want birds of prey without a falconry license (USDA is a lot easier), they have to be non-native. The only non-native bird of prey that I've seen for sale with any regularity is the European eagle-owl. In Texas and Florida you can have all of the species you mentioned, but the carnivores require a dangerous animal licenses.

And education of the public is the rationale behind many states allowing exotics for USDA-licensed exhibitors, so yes, it does make a difference.
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Re: Oregon law changes for Native species

Postby TamanduaGirl » Thu Nov 24, 2016 2:57 pm

If you didn't want wild cats WA would be good. You just need USDA for foxes and most everything else is allowed.

OR laws are complicated but not too terrible yet. Exotic canine and felines are banned for pets under the Exotic law but they allow for USDA so if you get a USDA license you can have them. That's how I'll be able to get my fennec since I already have my USDA.

Anything not native or on the exotic animal ban list actually is controlled by a clear list. http://www.dfw.state.or.us/OARs/56.pdf
There is a permit for prohibited species but it is fairly hard to get but not impossible you just need to jump through their hoops to provide containment to their specification mainly.

The only thing you might not be able to have is coyote. It says they can't be captured and held. But it's possible coyotes might be allow allowed with a USDA. They allow all foxes with a USDA, even though it says the same about them in that section) citing the exotic law that bans but allows with USDA all canindae even though it does qualify all non-native canidae in the actual law. Will need to ask about that.
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Re: Oregon law changes for Native species

Postby Nìmwey » Thu Nov 24, 2016 7:34 pm

I am indeed confused. So non-native species are banned/require permit, but native species "more okay"?
I'm not interested in bears, but saw for example that all bears are banned... except the native black.
http://www.bornfreeusa.org/b4a2_exotic_ ... e.php?s=or

But coyotes are native - and completely banned?

That pdf document you provided (thanks a bunch) said all native canine species are prohibited. Other places say non-native are banned?
And the pdf didn't list a single felid, bear or large hyena species? I also didn't notice primates or vultures (only falconry) in any of the lists.

Anyway, I'll never want or be able to keep all of these animals (like wolf, coyote, jackal, hyena, lynx), just maybe a couple, but I like to keep my options open. :)
My main interest is in parrots, dogs, toothed whales and snakes.
Future animals I want to have when we have land are camels, wolfdogs/wolves, coyotes or jackals, striped hyena or aardwolf. Also poultry, rabbits water buffalo and/or yak for livestock.
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Re: Oregon law changes for Native species

Postby TamanduaGirl » Fri Nov 25, 2016 12:11 am

It might be easier to explain with a line diagram but here's another try.

First is it banned under exotics law?
(1) Any member of the family Felidae not indigenous to Oregon, except the species Felis catus (domestic cat);
(2) Any nonhuman primate;
(3) Any nonwolf member of the family Canidae not indigenous to Oregon, except the species Canis familiaris (domestic dog);
(4) Any bear, except the black bear (Ursus americanus); and
(5) Any member of the order Crocodylia. [1985 c.437 §2; 1999 c.699 §3; 2009 c.492 §1]
http://www.oregonlaws.org/ors/609.305

If listed under exotics law then it's banned unless you have USDA then it's okay. If it is listed above then the below law does not apply.

Then they have their list of non-regulated, prohibited and domestic, anything not listed is treated as prohibited but prohibited species permits are possible, exception being(as just said) that anything listed under the above exotics law is regulated by that law and so far is being treated as exempt from the listing law. Meaning I can have a fennec with USDA even though they are not listed in the list --> http://www.dfw.state.or.us/OARs/56.pdf because they are an exotic canine and the exotics law is newer so cancels out this law for those listed. Aardwolf are actually listed as uncontroled if other hayenas are not listed then they are treated as prohibited and needing the prohibited animal permit.

---

Natives have their own rules. When I asked I was told any fox was okay with a USDA, though yes that is contradictory to laws as written as the exotic law says all non natives canidae and a separate law banning red and gray from other than rehab and fur farms but last I asked that's what I was told by the guy in charge.

The Wildlife Holding Permit is used to authorize capture and holding of the following species:
Northern flying squirrels, golden-mantled ground squirrels, Douglas’s squirrel, red squirrel, and chipmunks. It is also used to authorize holding of captive bred raccoon and bobcat from a USDA licensed facility. The Wildlife Holding Permit applies to these species only. (OAR 635-044-0005)

But this was one of the things they are changing/changed. They were making all raccoons AZA only. Not sure on bobcats but you can have a nonnative lynx instead with USDA to keep things simple.

635-044-0015
Wildlife Which Cannot Be Captured and Held
Except as provided in these rules, no game mammal, furbearer, skunk (Mephitis mephitis), spotted skunk (Spilogale gracilis), native bat, or coyote (Canis latrans) may be captured and held in captivity, except as authorized by the director. [...]

Though when I asked they said you can have a skunk if from a USDA breeder but that was also something they had on their list to clarify(by banning initially but enough skunk people showed to have them reconsider). One would need to ask if a coyote would be similarly okay if from a USDA breeder to a USDA licensed individual if they could have it, like they allow fox.

[...]No migratory bird or mammal protected by federal law may be captured and held without first securing a federal permit. A federal permit will serve in lieu of a state Wildlife Holding Permit for birds protected by the federal Migratory Bird Treaty Act and mammals protected by federal law.

Bear in mind almost every bird native or even invasive like starlings are listed federally.

Their are of course exceptions for falconry http://www.dfw.state.or.us/wildlife/lic ... /falconry/
And it says this in the text of the list pdf
(b) Hawks and falcons (families Falconidae and Accipitridae): The capture, possession, propagation, transportation, release, sale, purchase, exchange and disposition of falcons is allowed only as per the requirements of OAR 635 Division 44 (Holding, Propagating Protected Wildlife) and OAR 635 Division 55 (Falconry Licenses, Permits and Requirements)


The best bet for native is to ask them because it's the natives that get a bit murky. Exotics are actually fairly clear as you have those two parts above to check.
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Re: Oregon law changes for Native species

Postby TexasYankee » Fri Nov 25, 2016 1:49 am

While some non-native bird species are protected under the Migratory Bird Treaty Act (most bird species native to the UK are covered by it, which is something I only know because I once sat down and read the full list and saw birds like jackdaws, chaffinches, and hoopoes on it), neither starlings or house sparrows are protected by it.
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Re: Oregon law changes for Native species

Postby TamanduaGirl » Fri Nov 25, 2016 2:32 am

Well not the European ones when I looked now but
STARLING, Chestnut-cheeked, Sturnus philippensis
Sturnus cineraceus, White-cheeked Starling
I knew a guy with the permit to keep birds and he said the list online isn't complete but maybe he just wanted to ensure everything would be brought to him that gets found as I don't see why it wouldn't be, but even he said there's no reason for the act in it's current form.

Around 10 years ago they had a bill to allow pets if captive bred under the Migratory Bird Act but it didn't get enough support.
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Re: Oregon law changes for Native species

Postby Nìmwey » Fri Nov 25, 2016 5:26 pm

That did clear it up a bit, but I see the laws are quite murky.
Thanks a lot. :)
My main interest is in parrots, dogs, toothed whales and snakes.
Future animals I want to have when we have land are camels, wolfdogs/wolves, coyotes or jackals, striped hyena or aardwolf. Also poultry, rabbits water buffalo and/or yak for livestock.
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Re: Oregon law changes for Native species

Postby Nìmwey » Fri Nov 25, 2016 8:34 pm

TexasYankee wrote:@Nimwey:
Based on what I've seen, Arkansas, Nebraska, and Delaware seem to be the best states for letting one keep whatever exotics one might want. Florida is a close second, but is also Florida.

I can't seem to find anything specific about Delaware, just "you may not keep any animal not native to the state", so that sounds pretty restrictive (and the northeast is not generally the most lenient, I've found). Have I missed something?
Nevada is probably the loosest in the country, but... it's desert. NC seems nice, and Arkansas and Nebraska are reasonable.
My main interest is in parrots, dogs, toothed whales and snakes.
Future animals I want to have when we have land are camels, wolfdogs/wolves, coyotes or jackals, striped hyena or aardwolf. Also poultry, rabbits water buffalo and/or yak for livestock.

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