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How are emus regulated in Delaware?

Katie Peikes
/
Delaware Public Media
"Kiwi" the emu at Square Dog Ranch in Townsend.

No one has come forward yet to claim “Kiwi” — the stray emu that was wandering around Sussex County and was then brought to a shelter in Townsend.

 

 

State agricultural officials say emus are ratites - flightless birds. Ratites are regulated as livestock in the First State.  

 

The Delaware Department of Agriculture says it is possible the recent stray emu was not registered with the state.

 

“We have gone through our records for those farms that have emus and we have contacted those owners and none of them are aware that they are missing an emu,” said Stacey Hofmann, a spokeswoman for the department.

 

According to page 139 of state agriculture code, “it is unlawful to allow livestock to run at large, on the public highways, or on unenclosed lands within the State.” The code says the Secretary of Agriculture could enforce a penalty of $50-$100 for loose livestock.

 

Hofmann says owners need to make sure they have secure fencing for emus and other livestock.

 

“We want to make sure that people do their research ahead of time,” Hofmann said. “Emus are very fast animals. [If you're] trying to get through a gate and closing it — the emu can be out very quickly.”

 

Matthew Shaffner, the co-owner of 3 Palms Zoo & Education Center in Clayton said residents who own an emu should register it so the state knows where every bird is owned and where they could have possibly come from.

“And the enclosures need to have some minimum requirements for height and stability to make sure the animals cannot escape,” Shaffner said.

 

Cathy Capone, the owner of Square Dog Ranch — where Kiwi is staying — says she also would like to see enclosure height more clearly defined in state code — with fencing required to be 6 ft. or higher.

 

When people register an emu, the state refers them to their county office to understand local animal zoning laws, Hofmann said.

 

Hofmann said livestock does not need to be registered with the state, but ratites are also considered part of the avian species. The department asks that ratites be registered so owners and agriculture officials can take precautions against bird flu and other bird diseases. 

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