STATE OF OKLAHOMA
1st Session of the 54th Legislature (2013)

SENATE BILL 178 By: David

AS INTRODUCED
An Act relating to exotic felines; creating the
Oklahoma Responsible Exotic Cat Ownership Act;
providing short title; stating purpose of act;
specifying classes of exotic felines under act;
requiring certain permit; directing the Department of
Wildlife Conservation to issue certain permits;
specifying fee for certain permits; specifying
requirements for certain applications; providing for
certain noncompliance; providing for permit
expiration; providing for permit renewal; requiring
maintenance of certain records; providing for the
inspection of certain facilities; specifying
requirements of certain facilities; requiring certain
equipment; specifying cage sizes for certain animals;
providing certain exceptions; providing for the
watering and feeding of certain animals; requiring
certain care; requiring certain removal and disposal;
requiring certain letter; providing for certain
inspections; permitting certain appeals; requiring
certain notification; requiring certain persons to be
liable for specified costs; requiring certain
housing; requiring certain maintenance; directing the
Wildlife Conservation Commission to promulgate
certain rules; providing for exceptions to the act;
providing for codification; and providing an
effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4-107.3 of Title 29, unless
there is created a duplication in numbering, reads as follows:
A. This act shall be known and may be cited as the "Oklahoma
Responsible Exotic Cat Ownership Act".
B. The purpose of the Oklahoma Responsible Exotic Cat Ownership
Act is to protect the citizens and wildlife in this state by
establishing minimum requirements for the keeping and breeding of
exotic felines in captivity.

SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4-107.4 of Title 29, unless
there is created a duplication in numbering, reads as follows:
For the purpose of public safety, exotic felines shall be
divided into three (3) classes as follows:
1. Class I feline species shall include non-native tigers,
lions, leopards, jaguars, or any hybrid thereof;
2. Class II feline species shall include non-native cheetahs,
snow leopards, clouded leopards, or any hybrid thereof; and
3. Class III feline species shall include all other non-native
species of wild cats, including, but not limited to, servals,
Canadian lynx, European lynx, caracals, jungle cats, ocelots,
fishing cats, Asian leopard cats, European Wildcats, margays,
Geoffroy cats, or any hybrid thereof except for domestic and wild
feline hybrid crosses.
 

SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4-107.5 of Title 29, unless
there is created a duplication in numbering, reads as follows:
A. No person shall possess any native or nonnative nondomestic
feline in captivity except as authorized by a permit issued by the
Oklahoma Department of Agriculture, Food, and Forestry. Upon
payment of the required fees and demonstration of the requirements
of the provisions of the Oklahoma Responsible Exotic Cat Ownership
Act, the Department shall issue a permit to possess, exhibit and/or
breed exotic felines.
B. The permit fee for a noncommercial breeder shall be Ten
Dollars ($10.00) and the permit fee for a commercial breeder shall
be Forty-eight Dollars ($48.00) per year for all classes of exotic
felines. Permit fees shall be commensurate with the actual
administrative costs required to administer permits. In no case
shall the permit fees be intended to be punitive or prohibitive.
C. Permits shall specify which class of feline species may be
possessed by the permit holder. Class I permits shall allow for the
possession of Class I, Class II, and Class III feline species.
Class II permits shall allow for the possession of Class II and
Class III feline species, and Class III permits shall only allow for
the possession of Class III feline species.
D. In order to receive a permit, individual applicants or, in
the case of facilities which are operated by corporations, the
individual responsible for the oversight of animal care, shall:
1. Be at least eighteen (18) years of age;
2. Not have been convicted of a felony violation of captive
wildlife regulations, illegal commercialization of wildlife, or
offenses involving cruelty to animals;
3. Possess husbandry knowledge and handling experience
commensurate with the class of permit requested as follows:
a. Class I permits: A minimum of five hundred (500)
hours of practical experience providing care for one
or more felines from a Class I species. Experience
may be obtained by volunteering at an exotic sanctuary
which cares for exotic cats or by being a private
owner who has more than two (2) years experience with
a Class I feline,
b. Class II permits: A minimum of two hundred fifty
(250) hours of practical experience providing care for
one or more felines from a Class II species.
Experience may be obtained by volunteering at an
exotic sanctuary which cares for exotic cats or by
being a private owner who has more than two (2) years
experience with a Class II feline, and
c. Class III permits: A minimum of one hundred (100)
hours of practical experience providing care for one
or more felines from a Class III species. Experience
may be obtained by volunteering at an exotic sanctuary
which cares for exotic cats or by being a private
owner who has more than two (2) years experience with
a Class III feline;
4. Demonstrate compliance with the experience requirements by
submitting documentation of such experience, including:
a. a description of the specific experience acquired,
b. the dates the experience was obtained and the specific
licensed location or locations where the experienced
was acquired, if applicable,
c. references of not less than two (2) state or federally
licensed facility operators having personal knowledge
of the applicant's stated experience, and
d. additional documentation as required by the
Department, which may include records of prior permits
for the keeping of captive wildlife, evidence of prior
ownership, and employment records;
5. Demonstrate significant practical knowledge on the subject
of exotic feline captive husbandry. The applicant shall provide a
letter from a licensed sanctuary or individual owner stating that
the applicant is recommended for a permit. The sanctuary or
individual owner shall not be held responsible for applicants. Once
an applicant is granted a permit, the permit holder shall not be
required to repeat such practical knowledge requirements in order to
change the class of permit; and
6. Submit a written plan for providing emergency and routine
health care, including vaccinations, parasite control, dietary
programs, and euthanasia protocol, as approved by a licensed
veterinarian who has signed and dated the plan.
E. Upon the effective date of this act, applicants for a permit
already in possession of exotic felines shall have sixty (60) days
to apply for and be issued a permit for the highest class of exotic
feline they possess at the time of application, or for the highest
class they can prove ownership of for two (2) consecutive years.
Such persons shall be exempt from the experience and testing
requirements of this section.
F. All permits issued pursuant to the Oklahoma Responsible
Exotic Cat Ownership Act shall expire on June 30 of each year.
Permit holders who wish to continue possession of an exotic feline
shall file an application for permit renewal at least thirty (30)
days prior to the expiration date of the permit.
G. All permit holders shall keep current records of the origins
of all permitted exotic felines on hand and records of exotic feline
transfers. The recipient's name, address, and permit number, if
required, shall be entered in the transferor's records and made
available for inspection upon request by the Department for a period
of three (3) years after transfer.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4-107.6 of Title 29, unless
there is created a duplication in numbering, reads as follows:
A. Applicants for permits under the Oklahoma Responsible Exotic
Cat Ownership Act shall specify the location of the facility at
which exotic felines shall be maintained. Such facility may be
inspected and approved by the Oklahoma Department of Agriculture,
Food, and Forestry prior to the issuance of a permit.
B. Class I and Class II felines shall not be possessed on any
premises of less than five (5) acres of land area. This requirement
shall not apply to facilities that possess either Class I or Class
II felines for at least thirty (30) continuous days prior to the
effective date of this act. Class III felines shall not be
possessed on any premises of less than two (2) acres of land area.
C. Exotic felines shall not be possessed in multi-unit dwelling
or in housing residential communities.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4-107.7 of Title 29, unless
there is created a duplication in numbering, reads as follows:
A. All exotic feline cages and enclosures shall be equipped to
provide for the protection and welfare of the exotic felines. Such
equipment shall include, but not be limited to:
1. A shelter provided by a structure that provides protection
from the elements and extremes in temperature that could be
detrimental to the health and welfare of the exotic felines;
2. A nest box or den provided by an enclosed shelter that
provides a retreat area attached to or inside a cage or enclosure
that provides protection from the elements and extremes in
temperature that could be detrimental to the health and welfare of
the exotic felines;
3. An elevated platform or area that provides a resting area
for the exotic felines as well as shade;
4. Enrichments that provide the opportunity for physical
stimulation or manipulation compatible with the species. Such
enrichments shall be noninjurious and may include, but not be
limited to, boxes, balls, bones, barrels, rawhides, pools, and
scratch posts;
5. Cages or enclosures sufficiently strong enough to prevent
escape and to protect a caged exotic feline from injury. Cages
shall be well braced and securely anchored at ground level to
prevent escape by digging or erosion. The fasteners and fittings
used in construction shall be constructed of materials that are at
least the equivalent in strength as those prescribed for cage
construction for each particular species;
6. Cage barriers that have a minimum height of four (4) feet
and that are a minimum distance of three (3) feet away from the
primary exotic feline enclosure. Barriers may be constructed from
materials such as fencing, moats, or closed meshed wire; provided,
however, that all materials shall be safe and effective in
preventing public contact if the facility is open to the public;
7. A perimeter fence sufficient to deter entry by the public.
Such perimeter fence shall completely surround the cage where exotic
felines are housed or exercised outdoors and shall be at least eight
(8) feet in height for Class I and Class II felines;
8. Doors or gates which may be locked when the perimeter is not
attended;
9. Safety entrances for all cages and enclosures which shall
allow a keeper to enter or exit a cage without providing an avenue
of escape to exotic felines. Safety entrances may include, but are
not limited to, a double-gated entry door, interconnecting cages
which can be isolated from each other, or a lock-down area. Safety
entrances shall be constructed of materials that are at least the
equivalent in strength as those recommended for cage construction
for each particular species;
10. For Class I and Class II species, lockout areas that allow
the keeper to access and clean the cage while the exotic feline is
contained in a separate area. Lockout areas may consist of a den
box with a door that also has access from outside the cage so that
the cage may be cleaned, or any other method that allows positive
separation of the exotic felines and the keeper; and
11. Safety equipment which is available at all times. Such
equipment may include carbon dioxide fire extinguishers, darting
equipment, and pepper spray.
B. Additional facility requirements for each class of exotic
felines shall be as follows:
1. Class I and Class II species:
a. cage construction materials shall consist of nine (9)
gauge chain link fencing or equivalent, and
b. exotic felines shall have access to an outdoor
enclosure; and
2. Class III:
a. enclosures shall be constructed with a minimum of
eleven (11) gauge chain link fencing or equivalent in
a welded wire,
b. exotic felines shall have access to an outdoor
exercise enclosure, and
c. exotic felines shall only be housed in the house of
the permit holder if all possible routes of escape
have been remedied.
C. Caging considered unsafe or otherwise not in compliance with
regulatory requirements shall be brought into compliance within
thirty (30) days of notification of noncompliance.
 

SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4-107.8 of Title 29, unless
there is created a duplication in numbering, reads as follows:
A. Cage sizes for exotic felines permitted under the Oklahoma
Responsible Exotic Cat Ownership Act shall be as follows:
1. All Class I felines and cheetahs:
a. for one exotic feline, a cage floor size of no less
than three hundred (300) square feet and a cage height
of no less than eight (8) feet. The cage size shall
be increased by fifty percent (50%) for each
additional exotic feline, and
b. each cage shall have an elevated platform that shall
be large enough to accommodate all exotic felines
simultaneously. Each cage shall have a claw log;
2. Jaguars, leopards, and snow leopards:
a. for one exotic feline, a cage floor size of no less
than two hundred (200) square feet and a cage height
of no less than eight (8) feet. The cage size shall
be increased by fifty percent (50%) for each
additional exotic feline, and
b. each cage shall have an elevated platform large enough
to accommodate all exotic felines in the enclosure
simultaneously. Each cage shall have a claw log;
3. Lesser cats, including lynx, ocelots, caracal, clouded
leopards, fishing cats, and jungle cats:
a. for one exotic feline, a cage floor size of no less
than one hundred (100) square feet and a cage height
of no less than six (6) feet. The cage sizes shall be
increased by fifty percent (50%) for each additional
exotic feline, and
b. each cage shall have an elevated platform and claw
log; and
4. Small cats, including Geoffroy cats, leopard cats, wildcats,
sand cats, margays, black-footed cats, and all other species not
species in this section:
a. for one exotic feline, a cage floor size of no less
than one hundred (100) square feet with a cage height
of no les than six (6) feet. The cage sizes shall be
increased by fifty percent (50%) for each additional
exotic feline, and
b. each exotic feline shall have an elevated platform
which shall be large enough to accommodate all exotic
felines in the enclosure simultaneously. Each cage
shall have a claw log.
B. Facilities in existence at the effective date of this act
shall have six (6) months to make any improvements necessary to
bring the facility into compliance with this section. Such permit
holder shall submit a written plan for completing the improvements
to the Oklahoma Department of Agriculture, Food, and Forestry.
Extensions to the compliance deadline may be granted at the
discretion of the Department on a case-by-case basis.
C. Exotic felines may be temporarily housed in cages or
enclosures that do not meet the requirements of this section under
the following circumstances:
1. For the transport of performing and nonperforming exotic
felines, including a period to not exceed the forty eight (48) hour
periods immediately preceding and following the time the exotic
feline is actually in transit,
2. Exotic felines being held for sale, veterinary care, or
quarantine which are temporarily housed in cages or enclosures
smaller than normally required for a period not to exceed thirty
(30) days within any twelve (12) month period unless under
veterinary instructions; provided, however, that such temporary
caging or enclosures shall not be smaller than that required for the
caged exotic feline to stand up, lie down, and turn around without
touching the sides of the enclosure or another feline. All such
caged or housed exotic felines shall be permanently marked or their
enclosure shall be permanently marked so as to be traceable to
written records indicating the date the exotic feline was placed in
temporary holding. The period the exotic feline may be temporarily
housed in such cages or enclosures may be extended, with prior
written approval by the Department, in circumstances where a
licensed veterinary has certified that a longer holding period is
medically necessary for the health or safety of the exotic feline or
the public. Medical records concerning all exotic felines for which
an extension is obtained shall be maintained at the facility and
shall be made available for inspection upon request. Juvenile
exotic felines shall have written documentation available to verify
the age of the exotic feline, be marked or otherwise identifiable,
and be provided space for exercise on a daily basis;
3. Newborn and juvenile exotic felines kept in enclosures below
the standard caging size or strength requirements, in multi-unit
dwellings, or on the premises of land that is less than the required
land area;
4. Newborn and juvenile exotic felines which are kept in
incubation and rearing facilities. Nursing young may be maintained
with their parents with no increase in required cage size for the
adult exotic feline for up to twelve (12) weeks, provided that
documentation is available to show the age of the newborn or
juvenile exotic feline; and
5. Temporarily unconfined exotic felines which are maintained
under rigid supervision and control so as to prevent injuries to
members of the public. To provide for public safety, unconfined
exotic felines shall be controlled in such a manner as to prevent
physical contact with the public unless the facility is licensed by
the United States Department of Agriculture for exhibiting purposes
and the permit holder complies with all rules and guidelines
specified in the federal Animal Welfare Act. No captive feline
shall be tethered outdoors without supervision.
D. Exotic felines which are mobility impaired may be housed in
cages or enclosures which do not meet the standard caging
requirements if a standard cage or enclosure or any required
accessories would be detrimental to the health or welfare of the
exotic feline. In such instances, written documentation by a
veterinarian confirming the need for such exemptions shall be
maintained by the permit holder and shall be made available to
representatives of the Department upon request.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4-107.9 of Title 29, unless
there is created a duplication in numbering, reads as follows:
A. A constant supply of potable water at a temperature suitable
for consumption shall be available to exotic felines at all times.
B. Regular feeding schedules for exotic felines shall be
maintained. The rations supplied to the exotic felines shall be
adequate and nutritious so as to maintain proper strength and a
healthy appearance.
C. Areas used for food preparation and storage shall be
sufficiently clean so as to prevent contamination by pathogens or
harmful substances.
D. Food for exotic felines shall be refrigerated or stored in
such a manner as to prevent spoilage and contamination by rodents,
insects, or other animals.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4-107.10 of Title 29, unless
there is created a duplication in numbering, reads as follows:
A. All exotic felines shall be provided with routine and
adequate veterinary care for injuries and for the control of
contagious, parasitic, and nutritional diseases. Such care shall
include regular immunizations for the control of diseases as
recommended for the species and by the veterinarian.
B. A facility which houses exotic felines shall be kept
sanitary and regularly cleaned. Uneaten food shall be removed on a
daily basis to prevent the appearance of flies and maggots. Feces
shall be removed frequently enough to prevent accumulation or
potential contamination of food or bedding areas.
C. Adequate provision shall be made for the removal and proper
disposal of dirtied bedding material in a manner designed to
minimize odor and vermin control.
D. Permit holders shall obtain a letter from a licensed
veterinarian indicating that the veterinarian is willing to be the
veterinarian of record for the exotic feline.
 

SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4-107.11 of Title 29, unless
there is created a duplication in numbering, reads as follows:
A. Permit holders' facilities, exotic felines, and records may
be inspected by a representative of the Oklahoma Department of
Agriculture, Food, and Forestry during reasonable business hours for
the purpose of verifying regulatory compliance with the Oklahoma
Responsible Exotic Cat Owners Act.
B. The inspector may give the permit holder at least twenty
four (24) hours notice prior to inspection. Prior notification of
an inspection is not required if the inspector has reason to believe
that the health or safety of the public or an animal is in danger.
C. The results of conditions observed by inspectors during
their inspections may be considered in determining whether to renew
or revoke a permit.
D. Permit holders shall be granted a minimum of thirty (30)
days to correct deficiencies identified during inspections.
E. Permit holders shall have the right to appeal inspection
findings to the inspector's supervisors.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4-107.12 of Title 29, unless
there is created a duplication in numbering, reads as follows:
A. Escapes of exotic felines shall be immediately reported to
the Oklahoma Department of Agriculture, Food, and Forestry, the
local animal control officer, and local law enforcement.
B. A permit holder found guilty of negligence resulting in the
escape of a permitted animal shall be liable for any costs incurred
in recapturing the exotic feline or for any damages resulting from
such escape.
C. Any person or persons found guilty of deliberately causing
an escape or damage to a facility containing exotic felines shall be
liable for any costs of repair or recapture or for any damages
resulting for such an escape.

SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4-107.13 of Title 29, unless
there is created a duplication in numbering, reads as follows:
A. If a permit holder, owner, or possessor of an exotic feline
is found guilty of a criminal violation of the Oklahoma Responsible
Exotic Cat Ownership Act, the permit holder, owner, or possessor of
the exotic feline shall be responsible for the payment of all
expenses relative to the exotic feline's capture, transport,
boarding, veterinary care, and other costs associated with or
incurred due to such seizure or custody. Failure to pay such
expenses shall be grounds for revocation or denial of permits to
such individuals to possess wildlife.
B. Exotic felines which are kept by permit holders that are
seized or taken into custody by the Oklahoma Department of
Agriculture, Food, and Forestry shall be housed and maintained in a
manner consistent with the conditions of the owner's permit.
C. A seizure of an exotic feline by the Department shall be
initiated and supervised by at least two (2) officials from the
Department.

SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4-107.14 of Title 29, unless
there is created a duplication in numbering, reads as follows:
The State Board of Agriculture shall promulgate any rules
necessary to implement the provisions of the Oklahoma Responsible
Exotic Cat Ownership Act.

SECTION 13. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4-107.15 of Title 29, unless
there is created a duplication in numbering, reads as follows:
Persons and facilities licensed by the United States Department
of Agriculture, educational facilities and persons who keep or
maintain native cats that will grow to reach the weight of fifty
(50) pounds or more subject to regulation by the Oklahoma Department
of Wildlife Conservation shall be exempt from the requirements of
the Oklahoma Responsible Exotic Cat Ownership Act.

SECTION 14. This act shall become effective November 1, 2013.
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