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Code of Maine Rules. 09. Department of Inland Fisheries and Wildlife. 137. Fish and Wildlife - General. Chapter 6. Scientific Collection Permit



Country of Origin: United States - Maine

Agency of Origin: Department of Inland Fisheries and Wildlife

National Citation: 09-137 CMR Ch. 6, 6.01 - 13

Agency Citation:

Printable Version Code Me. R. 09-137 Ch. 6, 6.01 - 13


Last checked by Web Center Staff: 01/2013


Summary:   This section establishes the rules in Maine for scientific collection permits. A scientific collection permit is required by any person who wishes to take, transport or possess wild birds or animals and their parts or products for scientific research or educational purposes at any time of the year; and/or before any person may lawfully salvage, otherwise acquire, transport or possess wild birds and animals for any purpose not specifically covered under any other permit or license. A Scientific Collection (Rehabilitation) Permit is required for the possession of debilitated wild birds and animals for the purpose of restoring them to full health and for maintaining in captivity any debilitated wildlife that cannot be released to the wild.
Material in Full:

 
6.01 Permit Required
 
6.02 Application Form

6.03 Submission of Application

6.04 Supporting Information

6.05 Incomplete Applications

6.06 Age

6.07 Grounds for Permit Denial

6.08 Rights of Permittee

6.09 Responsibility for Rehabilitation Costs

6.10 Records; Reports

6.11 Renewal Requirements

6.12 Transfer of Permits Prohibited; Exception

6.13 Penalty

 

 

6.01 Permit Required

A scientific collection permit is required by any person who wishes to take, transport or possess wild birds or animals and their parts or products for scientific research or educational purposes at any time of the year; and/or before any person may lawfully salvage, otherwise acquire, transport or possess wild birds and animals for any purpose not specifically covered under any other permit or license. A Scientific Collection (Rehabilitation) Permit is required for the possession of debilitated wild birds and animals for the purpose of restoring them to full health and for maintaining in captivity any debilitated wildlife that cannot be released to the wild. Temporary rehabilitation permit may be issued upon warden or biologist recommendation/approval without formal application.

09-137 CMR Ch. 6, § 6.01, ME ADC 09-137 Ch. 6, § 6.01

 

 

6.02 Application Form

Applications for scientific collection and Rehabilitation permits must be submitted on an appropriate application form to be provided by the Commissioner.

09-137 CMR Ch. 6, § 6.02, ME ADC 09-137 Ch. 6, § 6.02

 

6.03 Submission of Application

Completed applications for all Scientific Collection Permits should be submitted to the Department of Inland Fisheries and Wildlife.

09-137 CMR Ch. 6, § 6.03, ME ADC 09-137 Ch. 6, § 6.03

 

6.04 Supporting Information

If any applicant plans to utilize firearms or archery for any purpose while conducting activities covered by a scientific collection permit, the application must be accompanied by proof that the applicant possesses a current valid Maine hunting license. This requirement also applies to any subpermittee listed on the application. Also, if applicable, proof must be furnished of a valid federal scientific collection special purpose permit. Issuance of Wildlife Rehabilitation permit shall be subject to successful completion of an examination, which may include a written test to show proficiency and knowledge in the area of wildlife husbandry and rehabilitation and the laws and regulations of the State and Department.

Applicants with 3 or more consecutive years of active rehabilitation permits will not be required to take a written examination.

09-137 CMR Ch. 6, § 6.04, ME ADC 09-137 Ch. 6, § 6.04

 

6.05 Incomplete Applications

Incomplete applications will be returned to the applicant.

09-137 CMR Ch. 6, § 6.05, ME ADC 09-137 Ch. 6, § 6.05

 

6.06 Age

Applicants must be 16 years of age or older.

09-137 CMR Ch. 6, § 6.06, ME ADC 09-137 Ch. 6, § 6.06

 

6.07 Grounds for Permit Denial

Upon receipt of a properly executed permit application, the Commissioner may issue a permit unless:

A. The applicant has been assessed a civil penalty or convicted of any criminal statute or regulation relating to the activity for which the application is filed if such conviction or assessment evidences a lack of responsibility.

B. The applicant has failed to disclose information required or has made false statements as to any material fact in connection with his application.

C. The applicant has failed to demonstrate a valid justification for the permit.

D. The authorization requested potentially threatens a wildlife population.

E. Applicant fails to take or pass a written or oral examination if required.

09-137 CMR Ch. 6, § 6.07, ME ADC 09-137 Ch. 6, § 6.07

 

6.08 Rights of Permittee

Permits shall entitle the person to whom issued to engage in the activity specified in the permit for the prescribed time unless the permit is terminated. A Rehabilitation permit does not provide for ownership of any wildlife by individuals or institutions, nor for any other use of wildlife beyond that associated with the rehabilitation or approved educational use of the wildlife species involved. Wildlife possessed by virtue of a rehabilitation permit may not be sold, bartered, or traded. This is not to prohibit the transfer of debilitated wildlife to another permittee for treatment or care, or of non-releasable wildlife to more appropriate facilities.

09-137 CMR Ch. 6, § 6.08, ME ADC 09-137 Ch. 6, § 6.08

 

6.09 Responsibility for Rehabilitation Costs

Food and shelter costs, veterinary costs or charges, any labor or consultation charges, transportation or any other costs or charges associated with the rehabilitation of wildlife are the responsibility of the permittee. Permittee may not charge any third party for such costs unless said permittee is a Maine licensed veterinarian.

Donations may be accepted.

09-137 CMR Ch. 6, § 6.09, ME ADC 09-137 Ch. 6, § 6.09

 

6.10 Records; Reports

The person to whom the permit is issued shall maintain complete and accurate records of any activity conducted pursuant to such permit. A report of these activities shall be submitted to the Commissioner within 30 days following permit expiration or with request for renewal. Report forms shall be provided by the Commissioner. Notification must be made within 48 hours to the permit authority if the species involved is included on the Maine Endangered Species or Threatened Species list.

09-137 CMR Ch. 6, § 6.10, ME ADC 09-137 Ch. 6, § 6.10

 

6.11 Renewal Requirements

Permits are renewable and may be renewed:

A. If a satisfactory report of work accomplished during the the preceding year is submitted.

B. If, in order to meet a stated objective the permittee intends to continue the activity described in the permit during any portion of the year ensueing its expiration.

C. If the above criteria are met and the permittee requests the renewal.

09-137 CMR Ch. 6, § 6.11, ME ADC 09-137 Ch. 6, § 6.11

 

6.12 Transfer of Permits Prohibited; Exception

Permits are not transferable; except any person/s employed by or under contract to the permittee for the purposes authorized by the permit may carry out the authorized activity; provided the permittee notifies the Department in writing of the name and address of those person/s so authorized by him prior to commencement of field work. A copy of this letter will be carried by the individual while conducting activities under the permittee's supervision.

09-137 CMR Ch. 6, § 6.12, ME ADC 09-137 Ch. 6, § 6.12

 

6.13 Penalty

Any violation of these rules and regulations or the conditions of any permit may subject the permittee to the following:

A. Upon conviction, punishment as provided by Section 7901, Title 12.

B. Revocation of the permit. When revoked permits must be surrendered to the Commissioner on demand.

09-137 CMR Ch. 6, § 6.13, ME ADC 09-137 Ch. 6, § 6.13

 



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