Title 3-8-1 Code of Alabama. "Notwithstanding any provision of law to the contrary, it shall be illegal to own, maintain, sell, or trade any canidae or felidae for which there is no USDA licensed rabies vaccine. Anyone currently owning or maintaining such animal (as of 4/5/94) may keep the animal for the length of the animal's life providing the animal is spayed or neutered and is registered with the Department of Agriculture and Industries."
Alabama Rabies Law
Affects Animals of Recent Wolf Descent
Excerpts Taken from Alabama's
"Anthrozoos News and Views" Magazine
Dr. Bill Johnston, DVM.
Alabama Department of Health
Rabies Control Rules and Regulations 420-4-.Ol-.09, which received final approval by the State Board of Health on September 17, 1997:
Our state rabies law provides for the State Board of Health to adopt and promulgate rules and regulations for rabies control which have the force and effect of law."
In the definitions section, the document refers to the taxonomic changes made in Mammal Species of the World: A Taxonomic Geographic Reference (1993) and by reference incorporates the definitions used by the animal inspections branch of USDA in the Code of Federal Regulations, which include hybrid crosses in their definitions of "dog" and "cat."
There is lengthy explanation of rules regarding animal control procedures, reporting procedures, investigation of reports, and evidence, followed by 420 4-4-.07, which reads:
"Extra-label Use of Animal Antirabies Vaccines. Provides for extra-label use of rabies vaccination of domestic animals - with a notation on the patient's record - but, still does not allow vaccination of wildlife. (Note: See definitions). There is technically no "approved" vaccine for swine (pot-bellied pigs), goats, llamas, and most other exotic species kept as pets, but there is often a demonstrated need for rabies vaccination and efficacy can be expected in domestic mammals. The rule, by definition, also allows for the immunization of wolf-dog hybrids, but still may require their euthanasia on a case-by-case basis in the event of an aggressive, unprovoked attack, depending on the circumstances of the bite and the epidemiology. The rules do not change the traditional recommendation that people should not attempt to keep wolf hybrids as pets, but rather addresses the situation of thousands of such animals in the state that already exist. The rules also provide for rabies vaccination programs in zoos, research institutions, and exotic exhibitors licensed under the USDA Animal Welfare Act in an attempt to protect valuable animals."
In the body of the Rule, in "Definitions," "Dog means any live or dead member of the domesticated dog (Canis lupus familiaris) family of any age or any dog-hybrid cross, in the exposure context."
In another definition it reads: "Hybrid-cross" means an animal resulting from the crossbreeding between two different species or types of animals. Crosses between wild animal species such as lions and tigers, are considered to be wild animals. Crosses between wild animal species and domestic animals, such as dogs and wolves or buffalo and domestic cattle, are considered to be domestic animals.""DOG-WOLF HYBRIDS = DOGS ("Mixed Breed")"
"It is generally agreed upon by public health professionals that, IF people are intent on maintaining dog-wolf hybrids, they should definitely be immunized against rabies - hence the inclusion in the new rabies control rules (Chapter 420 44) of definitions that place these hybrids in the same species of domestic animals defined as "dogs" by genus and species (i.e. Canis lupus). Because there is still a paragraph in an unenforceable agricultural law, however, that may prohibit the ownership of such animals in the state, some concern remains for veterinarians insured by the American Veterinary Medical Association's Professional Liability Insurance Trust (PLIT) in the unlikely event that they are charged with an illegal act for treating prohibited animals. PLIT officials have assured me that no such criminal charges have ever emerged against a veterinarian, and that they would still cover a veterinarian charged with negligence, malpractice or other civil action, while treating a hybrid, exotic or wild animal.
The PLIT also states that, "This act (AL94 332) does not specify if it is illegal for veterinarians to vaccinate and otherwise treat these animals. Should malpractice allegations be brought against an Alabama insured veterinarian resulting from the treatment of a wolf-dog hybrid, the insurance company would apply the illegal acts exclusion only if the court or regulatory authority with jurisdiction determines an illegal act has been committed.
PLIT routinely provides liability coverage for thousand of veterinarians in California (even though ferrets are still illegal in that state) and for veterinarians in some other states where antiquated laws are on the books where some pet psittacine birds are illegal.
To avoid any confusion or controversy until the Alabama law can be repealed, when vaccinating dog-wolf hybrids against rabies, veterinarians are advised to defer to Chapter 420 44 and call them "Dogs," noting "Mixed" under breed designation."
"Under 5 AAC 92.029 Permit For Possessing Live Game (a) No person may possess, import, release or export, or assist in importing, releasing, or exporting, live game, unless the person holds a possession permit issued by the department." "(c) The department (of Fish and Game) may not issue a permit for the capture, possession, import or export of any game animal, including a hybrid of a game animal and a species listed in subsection (b) for use as a pet."
"The statutory definition of "game" (AS 16.05.940) includes wolves."
"Possession of wolves in Arizona is prohibited without a permit. They may not be imported or possessed except as otherwise permitted by the Arizona Game and Fish Commission.
Under current Department of Game and Fish policy, any hybrid resulting from the cross of a wolf and a domestic dog is considered a domestic animal and not subject to the Department's jurisdiction."
"The Arkansas Game and Fish Commission does not address the domestic ownership of pure wolves or Wolf Hybrids."
UPDATE ! BILL PASSED:
Apr 20 2001 10:42:07 - Notification that HB2207 is now Act 1768
Ownership of pure wolves is illegal except by the few people qualifying for a valid permit from Fish and Game. Among the criteria for such a permit are rigid requirements for facilities and experience in raising such animals, along with approval of the USDA. "Any F1 (first) generation wolf hybrid whelped on or before February 4, 1988 may be possessed under permit from the department. No state permit is required to possess the progeny of F1 generation wolf hybrids, but cities and counties may prohibit possession or require a permit."
"Pure wolves require commercial licensing and appropriate carnivore facilities. #1101 (A). No person shall possess, sell, acquire, purchase, broker, trade, barter or attempt to sell, acquire, purchase, broker, trade or barter live wildlife unless he first obtains a proper license as provided in this chapter. All species of wildlife listed on the license must be approved by the Division; such approval shall not be granted if the proposed wildlife is deemed to be detrimental to wild native wildlife. The Colorado Division of Wildlife does not regulate ownership of Wolf Hybrids as they are considered domestic animals."
"Possession of potentially dangerous animals. For the purposes of this section, the following shall be considered as potentially dangerous animals: .... the wolf .... No person shall possess a potentially dangerous animal. Any such animal illegally possessed may be ordered seized and may be disposed of as determined by the Commissioner of Environmental Protection. Any person who violates any provision of this section shall be fined not more than one hundred dollars for each offense.... A bird or quadruped which results from the crossbreeding of any animal with one of the species listed above ... shall be considered to be a wild bird or quadruped of that species."
"No person shall bring into this State, possess, sell or exhibit any live wild mammal or hybrid of a wild mammal ... not native to or generally found in Delaware without first securing a permit under this chapter." The regulations state: "There must be two enclosures to house a (Wolf Hybrid), a primary enclosure and a secondary enclosure. Fastening or locking devices shall be required on both the primary and the secondary enclosures and must be tamper proof from the general public. The primary enclosure shall consist of a pen, cage or other enclosure where the (Wolf Hybrid) will be kept, and must be of such a construction that it cannot be destroyed by or escaped from by the (Wolf Hybrid). The secondary enclosure must be of a type sufficient to prevent the (Wolf Hybrid) from escaping from the property of the custodian ... Should the (wolf or Wolf Hybrid) escape from its primary enclosure. The secondary enclosure shall be of a type sufficient to prevent bodily contact between members of the public and the (wolf or Wolf Hybrid)."
"The subject creature must not be a public nuisance. A nuisance will be considered as including, but not limited to, a subject creature which creates excessive odors or noise, displays obnoxious behavior or causes justifiable fear."
Inspection of the premises where the animal will be housed is required. Individual animal permits are required for pet owners and Class (4) permits are required for breeders or exhibitors of wolves and Wolf Hybrids.
"Deleware is divided into three counties and each has its own county government. The two northern most counties have passed laws stating that certain animals are not allowed. Wolves and Wolf Hybrids are listed as animals that are not allowed in New Castle County or in Kent County"
Possession of wolves and wolf Hybrids is prohibited in the state; they are defined as "Wild Animals."
"Wild animal" means any animal which is not wildlife and is not normally a domestic species in this state. This term specifically includes any hybrid or cross between any combination of a wild animal, wildlife, and a domestic animal. Offspring from all subsequent generations of such crosses or hybrids are wild animals.
28-5-4(a) It shall be unlawful for any person to import, transport, transfer, sell, purchase or possess any wild animal ... without first obtaining a wild animal license from the department... (b) Wild animal licenses will be issued only to persons engaged in the wholesale or retail wild animal business or persons exhibiting wild animals to the public."
"... except that any person possessing hybrid crosses between wolves and domestic animals on July 1, 1994 shall have until July 1, 1995 to apply for a fee-exempt permit to possess these animals as pets; provided, however, that the said hybrid is sexually neutered; provided, further, that it shall be unlawful to transfer possession or ownership of said hybrid without prior written approval from the department. Liability insurance shall not be mandatory for wolf hybrids possessed under this fee-exempt permit.
"Canis familiaris crossed with wolf, coyote, dingo, jackal, fox, dhole, African wilddog, Raccoon dog...are prohibited in the State of Hawaii.
"Any person who obtains or possesses a canine exhibiting primary wolf characteristics or who captures a wolf alive or possesses or obtains a wolf that was born or held in captivity for any purpose must apply for a license for each animal within three (3) days of possession capture or commencement of captivity. Application for a license for each animal shall be made on a form prescribed by the Department and must be completed and returned to the Department within two (2) weeks. Applicants shall have each animal properly tattooed by a qualified veterinarian. The veterinarian shall certify that the animal has been tattooed on the license application."
The Illinois Dangerous Animals Act prohibits ownership or possession of wolves except for zoological parks, federally licensed exhibits, circuses, scientific or educational institutions, research laboratories, veterinary hospitals or animal refuges where they must be in an escape-proof enclosure. "There is no separate designation for the crossbred wolf/dog or coyote/dog mix, and as such are accepted as wolves if they are represented as wolf crossbreds." (sic).
"It is no defense to a violation of Section 2 that the person violating such section has attempted to domesticate the dangerous animal." Illinois Revised Statutes, Chapter 8, paragraph 242(2).
According to a representative of the State Veterinarian's office, revisions to the regulations would be considered if USDA were to approve existing rabies vaccines for use in wolves and Wolf Hybrids.
A Class III wild animal permit is required for each individual wolf. Additionally, a USDA permit must be possessed by the owner for each wolf. Wolf Hybrids are not regulated by the state and do not require a permit.
"Local, municipal or county officials should be contacted for relevant regulations/ordinances which would supersede state regulations. Regardless of percentage, Wolf Hybrids would be regulated by relevant sections of Chapter 12, Code of Iowa and Iowa Departmental Rules, Chapter 21-67" (which states "Dog, as that term is used in the rules, includes hybrid dog mixtures.") Iowa Department of Agriculture & Land Stewardship licensed facilities (pounds, animals shelters, boarding and grooming kennels, commercial breeders, etc.) are inspected and license issuance/renewal is subject to compliance with relevant laws and rules. Under the Department of Natural Resources, owners of two or more purebred wolves must have a game breeder's permit. Their facilities are inspected and permits issued by the Department of Natural Resources."
Wolf/wolf hybrids would be subject to the same entry requirements as dogs coming into Iowa from elsewhere. These state that the animal must be accompanied by a Certificate of Veterinary Inspection, indicating apparent freedom from disease or exposure to infectious or contagious disease. No animals from rabies quarantined areas will be admitted. All animals 4 months of age and older must have been vaccinated for rabies within the past twelve months, with a vaccine and procedures recommended by the Compendium of Animal Rabies Control. Currently, the Compendium advises that hybrid animals be considered as wild animals and strongly discourages vaccination. There is no approved vaccine for use in wolves."
"Any person possessing a wolf must have a possession permit. There is no charge for the permit." Proof of purchase or receipt is required. A game breeders permit is required to engage in the business of raising and selling wolves. The possession of such animals shall be subject to all federal and state laws and regulations, and to all local ordinances. Wolf Hybrids are not considered to be wild animals and are not regulated by the Department of Wildlife."
"Pursuant to KRS 150.183 and 301 KAR 2:081, wolves cannot be imported, transported, possessed or sold, except for certain educational, scientific, or research purposes approved by the commissioner."
KRS Chap. 65, § 3 reads: "(1) A county, city, urban-county, or charter county may regulate or prohibit the holding of wildlife that have been identified by the Department of Fish and Wildlife Resources as inherently dangerous to human health and safety. (1) The department has declared the following species of wildlife to be inherently dangerous to human health and safety and shall establish procedures for denying a transportation permit for said wildlife ... wolf or wolf hybrids over 25% wolf." This law took effect in July 1998.
Informally, it was explained that it is basically up to the local government, not the DFWR, to decide if they will allow or prohibit possession of such animals within their jurisdiction but if a person applied for a permit to import a wolf or wolf hybrid into an illegal county or municipality, DFWR would deny the permit.
"No person shall possess within the State of Louisiana any of the following species or its subspecies of live wild quadrupeds, domesticated or otherwise:... Red wolf, Gray wolf."
The prohibition against wolf-dog hybrids expired January 1, 1997; however, "persons are cautioned that local ordinances or other state regulations may prohibit possession of these animals."
"An animal which appears indistinguishable from a wolf, or is in any way represented to be a wolf may be considered to be a wolf in the absence of bonafide documentation to the contrary."
Under Title 7, § 3907, 12-C of the Animal Laws of the State of Maine, "Dog means a member of the genus and species known as Canis familiaris or any canine, regardless of generation, resulting from the interbreeding of a member of Canis familiaris with a wolf hybrid as defined in subsection 30." A separate definition, however, reads "Wolf hybrid means a mammal that is the offspring of the reproduction between a species of wild canid or wild canid hybrid and a domestic dog or wild canid hybrid. Wolf hybrid includes a mammal that is represented by its owner to be a wolf hybrid, coyote hybrid, coydog or any other kind of wild canid hybrid."
"A dog or wolf hybrid must be licensed by its owner or keeper in accordance with the laws of this State." "If a person applying for a license declares that the dog is a wolf hybrid, a municipal clerk may issue a license without proof that the dog has been immunized against rabies. In accordance with subsection 5, the license issued for the dog must state that the dog is a wolf hybrid.
Under the provisions of 22 MRSA Human Services, Sec. 1313-A, however, "If an undomesticated animal or a domesticated ferret or domesticated wolf hybrid bites a person, an animal control officer, a local health officer, or a game warden may immediately kill or order killed that animal without destroying the head ... The owner of a ... domesticated wolf hybrid shall pay transportation and testing costs for that animal."
Chapter 251 lists the following definitions: "Suspected Rabid Animal: (3) Any domesticated mammal which has bitten a human or domesticated animal." "Stray or owned wildlife hybrids must be euthanized regardless of vaccination status."
Possession, importation or breeding of wolf-dog crosses is prohibited in the state. Any wolf-dog crosses existing prior to the effective date of this regulation require an annual permit, sterilization, permanent implanted identification and rigid containment and transportation facilities. Owners must also post specific warning signs informing people of the presence of a dangerous wolf-dog. Permitting and prosecution is to be handled by the local jurisdiction in which the animal is located.
"Minnesota does not currently regulate Wolf Hybrids, although they may be prohibited by local ordinances in some areas. However, if a Wolf Hybrid bears close resemblance to a "pure" wolf, the owner may be required to show proof that the animal is legally maintained and that it is a Hybrid. Pure wolves may not be taken from the wild, may only be obtained from properly licensed breeders and require a permit for their possession."
"Effective sometime this summer, but not later than August 1, 2000, a new state law will prohibit the release of wolf-dog hybrids into the wild and prohibit the release of captive gray wolves, except by the permit from the Department of Natural Resources."
"It is unlawful for any person to import, transfer, sell, purchase or possess any wild animal classified as inherently dangerous by law or regulation unless that person holds a permit or is exempt from holding a permit." A permit is required for each animal possessed.
"The following wild animals are classified as animals inherently dangerous to humans ... wolves, jackals and dingos; all species, including crosses between wolves and domestic animals."
A person must obtain a permit before that person takes possession of a wild animal ... Prior to the issuance of a permit, the applicant must provide proof of liability insurance in the amount of One Hundred Thousand Dollars ($100,000.00) for each wild animal up to a maximum of One Million Dollars ($1,000,000.00). Each permitted animal shall be individually identified by the use of an injectable microchip transponder to be supplied by DWFP. Permittee must provide and maintain all health records of each permitted animal, including health certificates, records of immunizations and vaccinations and any other documentary evidence pertaining to the health and welfare of the permitted animal. The Mississippi Department of Wildlife, Fisheries and Parks Public Notice Number 3523 also contains minimum containment provisions.
"Any person holding wildlife in captivity in any manner shall have in his/her possession the prescribed permit or evidence of exemption." Wolves and Wolf Hybrids are considered Class II wildlife and there are minimum containment specifications and recordkeeping requirements." A breeder must obtain a wildlife breeders permit.
"Wolves and certain other predators are required to be tattooed and records of the same maintained by the Department of Fish, Wildlife and Parks. If any wolf ... that is held in captivity or that escapes from captivity causes any damage to the personal property of another person, compensation for such damage must be paid by the person holding or who held the animal in captivity." The regulations define "wolf" as "any canine which is one-half or more wolf. All 50% or greater crosses and pure wolves are required to be tattooed and registered."
NAC 503.140: A Division of Wildlife license or permit is not required to import or possess (wolves). However, other state agencies or local (county/city) entities may have special regulations or ordinances regarding their ownership. Wolf Hybrids are not regulated at a state level.
Purebred wolves require Category 5 permits from the Fish and Game Department. "Possession of wolves is restricted to federally and state licensed Wildlife Exhibitors. Possession of a wolf as a per is not permitted."
Chapter 466-A:2 "The provisions of RSA 466, RSA 436:99-109 and RSA 644.8 shall apply to wolf hybrids, except as modified by the provisions of this chapter.
466-A:3 Prohibitions: No person shall sell, offer for sale, trade, give away, acquire, import, export, release or cause to be released a wolf hybrid in the state of New Hampshire, except as provided in paragraph 11, 11-a or 11-b.
II. No person shall possess a wolf hybrid, except for: a) Those wolf hybrids that the person owns while residing in New Hampshire on June 6, 1994; b) Those wolf hybrids born in New Hampshire to a canine that was both pregnant with such hybrids and owned in New Hampshire on June 6, 1994; or c) Those wolf hybrids used as sled dogs which are temporarily brought into the state for competitive events.
II-a. A person may import a wolf hybrid provided the wolf hybrid is spayed or neutered and has proper documentation of the spay or neutering.
II-b. A person may bring a wolf hybrid into the state temporarily for competitive events.
III. Any person possessing a wolf hybrid shall keep accurate licensing and vaccination records, as required by RSA 466-A:2 and neutering records, as provided in RSA 466-A:3, 11-a, which shall be available for inspection by an animal control officer or law enforcement officer.
There are additional requirements for permittees to keep accurate licensing and vaccination records, to have the animal vaccinated against rabies and sign an affidavit acknowledging the owner knows the vaccine is experimental and absolving the veterinarian and manufacturer of any liability should the hybrid subsequently contract rabies. There are also requirements pertaining to adequate containment.
"Wolf Hybrids are not regulated in the State of New Jersey. Wolves are regulated as potentially dangerous species and are not allowed to be possessed as pets." In addition, "no permit shall be issued for the possession of any species designated as endangered by the U.S. Department of the Interior or the New Jersey Department of Environmental Protection."
"Except as otherwise provided in the Wildlife Conservation Act (17-2-37 - 17-2-46 NMSA 1978), it is unlawful for any person to take, possess, transport, export, sell or offer for sale, or ship any threatened or endangered species or subspecies, or any restricted species. The Department may authorize such activities by permit, for scientific or educational purposes, for propagation in captivity." The gray wolf (Canis lupus) is listed as an endangered species in New Mexico. "Wolf Hybrids do not fall under the jurisdiction of the Department of Game & Fish."
Wolf-dogs are banned in Bernalillo county and the City of Albuquerque. However, animals are grandfathered in. Breeding and selling are also banned. An exotic animal license is required for existing wolf-dogs in Albq.
"Environmental Conservation Law (ECL) Section 11-05335 and Regulations NYCRR Part 182. Briefly, the wolf is regulated as an endangered species in New York. Licenses are issued only for scientific, exhibition or education purposes provided the licensee has an Animal Welfare Permit from the USDA. Licenses are not issued to possess a wolf as a "pet."
ECL Section 11-0511 and Regulations 6 NYCRR Part 180.1. Briefly, a wolf-hybrid is defined as "dangerous wildlife" in New York. A license is required to import, possess, transport or export a wolf-hybrid. Licenses are only issued for scientific, educational or exhibition purposes provided that the licensee has an Animal Welfare Permit from USDA. Licenses are not issued to possess a wolf-hybrid as a "pet." Part 180.1 further describes certain prohibited animals as "any animal, the overall appearance of which makes it difficult or impossible to distinguish it from a wolf (Canis lupus) or coyote (Canis latrans)."
"Possession of eastern timber wolves or red wolves (100% purebred stock) would require a wildlife captivity license, which may be obtained by written request to the Division of Wildlife Management for a captivity application and then by following the application procedure. The Commission does not recognize wolf-hybrids as wild animals."
"Wolves and Wolf Hvbrids are presently classified as Category 4 Nontraditional Livestock by the North Dakota Board of Animal Health. The definition of Category 4 animals includes "those species that are considered inherently or environmentally dangerous, including bears, wolves, wolf hybrids, primates, lions, tigers and cats." Wolf hybrid "means any animal that is any part wolf."
Under Chapter 48-12-82, minimum requirements of secure containment must be met for all wolves or wolf hybrids possessed. Health certificates and a permit are required for importation. Category 4 animals "may not be imported from an area that is quarantined for rabies unless approved by the State veterinarian."
"Any wolf or wolf hybrid that is in the presence of persons other than the owner, handler or immediate family must be under the direct control and supervision of the owner or handler at all times."
"The Ohio Division of Wildlife has no regulations concerning the sale or possession of wolves or Wolf Hybrids in Ohio. The U.S. Fish and Wildlife Service has authority on dealing with wolves in Ohio. The wolf hybrid is classified as a dog and is covered by the Ohio Department of Agriculture (Chapter 955 Dogs)."
A wolf/dog hybrid is considered a domestic animal and not wildlife A non-commercial breeder's license is not required to own a single pure wolf; however, the animal must be purchased from a commercial breeder and a sales receipt must be kept to prove origin. If two or more animals are owned, then a non-commercial breeder's license must be purchased. If two or more wolves are owned and bred for resale, then a commercial breeder's license must be purchased. Pure wolves are also regulated by the federal agencies.
"Oregon law requires the owners of exotic animals (which includes wolves) in Oregon to have a permit for each species of exotic they hold.
"As of January 1, 1999, the Oregon Department of Agriculture no longer regulates the keeping of wolf-dog hybrids. Control of these animals has been returned to local jurisdictions" which may promulgate their own regulations.
"Wolf-dog hybrids do fit under dog control ordinances with one exception: there is no rabies vaccine currently licensed for use in wolf-dog hybrids. A hybrid may be vaccinated at the discretion of the owner and the veterinarian; this is extra-label use of the vaccine. However, if the animal bites a person, it will be treated as a wild, unvaccinated animal in accordance with the Compendium of Animal Rabies Control. Until a rabies vaccine is licensed for use in wolf hybrids, provision must be made to exclude them from the rabies requirement in local licensing laws."
The State Veterinarian's office suggests that local animal control ordinances include the following: "Animals declared by the owner to be wolf-dog hybrids will be licensed under dog control ordinances but will be exempt from the requirement for rabies vaccination. In the event that a rabies vaccine becomes licensed for use in wolf-dog hybrids, this exemption will be withdrawn. All other animal control regulations apply."
Oregon House Bill #3363, To include wolves and wolf hybrids in definition of predatory animal; Amending ORS 610.002, more info online at:
Brief Summary: http://www.leg.state.or.us/01reg/measures/hb3300.dir/hb3363.intro.html
UPDATE ! Governor rejects "Wolf Hybrid" clause:
The Oregon Governor has vetoed House Bill 3363 that would have added "Wolf Hybrids" to the list of predatory animals that could be poisoned, trapped or shot without normal regard to due process. I listened to the hearing where the spokesperson at best was misinformed, at worst, just plain deceitful, when she described how a rancher could tell the difference between a wolf, wolf hybrid and a dog.
The original legislation proposed by the Cattleman's Association would have added "Wolf" to the list. Legislative counsel reminded them it would be in violation of the endangered species act, and rather than drop the bill they changed the language and their drum beat to hybrid.
Here is Oregon Governor Kitzhaber's veto message for House Bill 3363, which would have added wolf hybrids to the list of predatory animals that could be trapped, poisoned, shot, etc., on site.
June 29, 2001
The Honorable Mark Simmons
Speaker of the House H-269
Salem, OR 97301
Dear Speaker Simmons:
I am returning herewith House Bill 3363-A, unsigned and disapproved.
HB 3363-A would amend ORS 610, to include "wolf hybrids" among a list of predators that may be destructive to agricultural crops, products and activities. In early June, I indicated concern about this proposal because there is little evidence of a current problem to address or the likelihood of one emerging. In any event, if specific problems were to develop, adequate measures exist now to address them. ORS 609 provides Oregon's counties with the ability to legally authorize capture or taking of wolf hybrids as dogs when shown to kill, injure or chase livestock. This provides a sufficient tool applied at the local level to specific fact situations.
Many Oregonians have wolf hybrids as pets. This legislation would give Oregonians permission to kill someone's pet. HB3363-A also may create a liability under the federal Endangered Species Act for local landowners who kill, albeit in rare future circumstances, a wolf thinking it's a hybrid, resulting in a "take" of a federally listed species.
HB 3363-A is an unnecessary solution looking for a problem. I believe the tools in place today are adequate to deal with problem wolf hybrids, without placing Oregonians at higher risk of needlessly killing someone's wolf hybrid pet or a federally listed species.
Wolves and Wolf Hybrids may be possessed if they are purchased or received from any lawful sources from within or without the state and if the owner first secures an Exotic Wildlife Possession Permit from the Pennsylvania Fish and Game Commission. Inspection by the Commission is required to insure that minimum requirements for secure and humane housing conditions are met. "Minimum pen requirements for a single animal are 15' length by 8' width by 6' height covered at the top to prevent escape. For a pair, double the cage length. For each additional animal - after 2 add 10' to the cage length. A secluded den area 4'W x 4'L is required for a single animal. Add 3' in length for an additional animal."
"Records shall be maintained of acquisitions and disposals of exotic wildlife as well as exotic wildlife born on the premises. Records shall be in ink, written in English and include the full name and address of the person with whom a transaction is conducted. Records shall be available for inspection by Commission personnel at reasonable hours. Entries shall be made on the day of transaction."
"No person shall import into, receive, or possess in this state a native animal, exotic animal, a member of a target species or a hybrid, unless in possession of a current permit issued by the Commissioner pursuant to these regulations."
"A permit to import into, receive or possess in this state native wildlife and hybrids thereof ... shall be restricted to Rhode Island Department of Environmental Management, United States Department of Fish and Wildlife Service, United States Department of Agriculture (USDA) and American Association of Zoological Parks and Aquariums (AAZA) approved, zoos and research institutes or other USDA approved facilities upon a determination by the Commissioner the permit is involved in a bona fide experiment or project. A permittee is required to conform with all applicable Federal, State and local requirements for licensure certification or permit.
Prior inspection of the facilities in which the animal(s) will be held is mandatory. "Animals approved for importation/possession under permit shall not be used for breeding purposes without prior notification of, and approval by, the department as per Part 1 of Rule 8. Such approval shall be indicated on the permit issued."
"It is unlawful to sell live wolves or coyotes within the state or to ship or import live wolves or coyotes into this state, except for exhibition or scientific purposes upon approval of the department... A person may not have a live wolf or coyote in his possession without a wildlife captivity license issued by the department." The 1995 response indicated that: "It is illegal to import a wolf or Wolf Hybrid that is 25% or more wolf. There is no regulation against possession of a Wolf Hybrid if purchased within the state. Wildlife Commission policy considers them 'potentially dangerous' ... "No carnivores which are normally not domesticated may be sold as a pet in this state. Such carnivores shall include animals known to be reservoirs of rabies, such as wolves ..."
"The (Wildlife Resources) Commission does not recognize wolf-hybrids as wild animals."
"A permit from the South Dakota Animal Industry Board is required to import nondomestic animals. In addition, a permit as described in Section 12:68:18:03 is required to possess in South Dakota any nondomestic mammal, or any of its hybrids listed in this section." (All nondomestic members of the family Canidae, which also includes hybrids). Annual application is required. All animals in this category must be permanently identified by either legible tattoo or ear tag, or by electronic means.
"No wolves may be possessed without a permit, which includes very rigid pen specifications. Permits are issued only to zoos, circuses, and commercial propagators. Wolves are considered to be Class I wildlife. Wolf Hybrids of any percentage are not regulated by the Agency and are classified as Class III animals."
"No person in Texas may possess, transport, receive or release a live wolf in this state." Wolf Hybrids are not regulated at the state level; however, some counties and municipalities have local regulations regarding these animals.
No permits are required by the Division of Wildlife Resources for Wolf Hybrids. They are considered to be domestic dogs. Local ordinances may vary from locality to locality. Pure wolves and any other species listed as threatened or endangered, "may not be imported or possessed without first obtaining a certificate of registration from the division, a federal permit from the U.S. Fish and Wildlife Service, and an entry permit number from the Department of Agriculture."
"It is unlawful for any person to bring into the State of Vermont any live wild bird or animal ... unless, upon application in writing therefor, the person obtains a permit to do so." The definition of "Wild Animals" include "the family Canidae, any hybrids with domestic dogs." However, Chapter 193, Subchapter 2 regulates Wolf Hybrids generally the same as "domestic pets," except for the following provision.
"Since there is no approved pre-exposure rabies vaccine for wolf hybrids, until the commissioner finds and approves a rabies vaccine, any wolf hybrid which bites or otherwise exposes a human, pet or domestic animal to rabies shall immediately be destroyed and its head shall be sent to the state department of health for the purpose of testing its brain tissue for the presence of the disease."
Pure wolves are not allowed entrance into the state for private ownership. Hybrid wolves are no longer regulated by the Department of Game and Inland Fisheries, but per a mandate signed into law amending Chapter 918 of the Code of Virginia, "Any county, city or town may, by ordinance, establish a permit system to ensure the adequate confinement and responsible ownership of hybrid canines. Such ordinances may include requirements pertaining to: (i) the term and expiration of the permit, (ii) the number of hybrid canines that may be owned by a permittee, (iii) identification tags or tattooing of the animal, (iv) where the animal may be kept, (v) handling of the animal while not on the property of the owner, and (vi) information required to be provided when applying for a permit, such as the sex, color, height, vaccination records, length, or identifying marks of the hybrid canine. The ordinance shall not require that hybrid canines be disposed of by the owner unless the owner fails or refuses to obtain or renew any required permit or violates a provision of the ordinance or any other law pertaining to the responsible ownership of the hybrid canine. The locality may impose a permit fee to cover the cost of the permitting system."
Under 3.1-796;8, "As used in this article; 'adequate confinement' means that, while on the property of its owner and not under the direct supervision and control of the owner or custodian, a hybrid canine shall be confined in a humane manner in a securely enclosed and locked structure of sufficient height and design to (i) prevent the animal's escape; or if the hybrid canine is determined to be a dangerous dog pursuant to 3.1-796.93; I, the structure shall prevent direct contact with any person or animal not authorized by the owner to be in direct contact with the hybrid canine, and (ii) provide a minimum of 100 square feet of floor space for each adult animal. Tethering of a hybrid canine not under the direct supervision and control of the owner or custodian shall not be considered adequate confinement."
"Hybrid canine means any animal which at any time has been or is permitted, registered, licensed, advertised or otherwise described or represented as a hybrid canine, wolf or coyote by its owner to a licensed veterinarian, law-enforcement officer, animal control officer, humane investigator, official of the Department of Health, or State Veterinarian's representative."
Sections 3.1-796.126:10 and 3.1-796.126;ll provide that any canine hybrid which has committed depredations on livestock or poultry may be immediately killed by anyone witnessing such depredations, and also provide for remuneration of the livestock or poultry owner.
"The wolf, Canis lupus, has been classified as an endangered species by the Fish and Wildlife Commission. Private ownership of a wolf requires proof of legal acquisition, health certificate, proper holding facilities. Wolf Hybrids are not classified as wildlife and therefore do not fall within the regulatory authority of the Department of Fish and Wildlife. This does not mean that local jurisdictions may not regulate or prohibit the possession of these animals. Additionally, other state or local agencies may have regulations that apply to the importation or possession of wolves or wolf hybrids." Possession of wolves or wolf hybrids is prohibited in King County.
ALERT ! WA State Has Proposed Changes:
Text of WA Exotics Senate Bill #5729, is online at:
Synopsis or Digest at:
"The importation of any species of wildlife into West Virginia is governed by a Wildlife Importation permit. These permits have been denied in recent years for wolves and other potentially dangerous wildlife due to some bad experiences in the past. Wolf Hybrids with more than 1% dog in their lineage are treated as dogs and therefor would not be under the jurisdiction of the Fish and Game Department; however, importation is not allowed."
"Pure wolves are illegal except by permit for zoological, educational or scientific purposes or propagation for preservation purposes. Hybrids are not regulated."
Chapter 10, Section 5 (a) states: "Wolves (Canis lupus), wolf hybrids, and/or wolf/dog hybrids may not be imported or sold in the state of Wyoming."