Full Title Name:  Code of Maine Rules. 09. Department of Inland Fisheries and Wildlife. 137. Fish and Wildlife - General. Chapter 7. Rules for Importation, Possession, Propagation, Rehabilitation, and Exhibition of Wildlife

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Country of Origin:  United States Citation:  09-137 CMR Ch. 7, § 7.00 - 7.18 Agency Origin:  Fish & Wildlife Last Checked:  September, 2017
Summary:

This set of Maine regulations concerns the keeping of captive wildlife. A permit is generally required for importation, possession, propagation, rehabilitation, and exhibition of wildlife in the state. Wildlife held in captivity must be confined, contained, controlled, and sheltered in such a way as to protect it, and to protect property of others and the health and safety of the public. Section 7.11 provides the conditions and restrictions under the permit. Section 7.12 states that no primate shall be permitted unless the applicant/permit holder demonstrates a physical aide legitimate need for physical aide from a primate, and the animal in question is specifically trained for such purposes ( or the applicant must be providing foster care or training for the primate under direction or supervision of a recognized authority for same).

CHAPTER 7. RULES FOR IMPORTATION, POSSESSION, PROPAGATION, REHABILIATION, AND EXHIBITION OF WILDLIFE
 
PART I. GENERAL PROVISIONS

  7.01 Scope of Rules

  7.02 Table of Contents

  7.03 Governing Agencies

  7.04 Definitions

  7.05 Technical Committee

  7.06 Classification of Species

  7.07 Permit Types

 7.08 Application Procedures for All Permits

 7.09 Site Inspection

7.10 Standard Conditions and Restrictions Governing All Wildlife in Captivity Permits

7.11 Conditions and Requirements for Each Type of Wildlife in Captivity Permit

7.12 Exceptions and Conditions for Specific Restricted Species

7.13 Costs of recovery

7.14 Complaints

7.15 Penalties

7.16 Transition and Grandfathering Provisions for Current Permit Holders

7.17 Care and Housing Requirements

7.18 Species Lists

 


  7.01 Scope of Rules 

The Department of Inland Fisheries and Wildlife is established to preserve, protect and enhance the inland fisheries and wildlife resources of the state; to encourage the wise use of these resources; to ensure coordinated planning for the future use and preservation of these resources; and to provide for the effective management of these resources.

Pursuant to 12 M.R.S. §12152 the commissioner has the authority to adopt rules necessary for the administration of wildlife in captivity, including provisions to ensure that all wildlife possessed under these permits receives humane treatment and proper husbandry and security, and to safeguard the interests of the wildlife and citizens of the State. Non-native wildlife potentially carries risks for the native wildlife resources and ecosystems of the State of Maine and the public at large. Collection of some native wildlife can be unsustainable and when held in captivity may pose risks upon release. With changing environmental conditions and the inherent adaptability of wildlife, the ability to predict the likelihood of a non-native wildlife species to survive in the wild is difficult. Therefore, these rules are established to protect Maine's wildlife and people from the introduction or spread of diseases, the establishment of exotic species, and from bodily injury caused by dangerous native and exotic wildlife species. These rules are also established to govern trade in wildlife species that are rare or threatened in their native range and to ensure the proper care and welfare of all wildlife in captivity.

These rules are organized into general provisions applying to all permits under this Chapter, followed by specific provisions applying to each permit. The approval of permits shall be subject to the ability of the applicant to meet the provisions of these rules and other legal requirements.

These rules shall apply to:

1. The possession, propagation, rehabilitation, or exhibition of any wildlife in captivity and to the importation of live wildlife from an area outside the state, including wildlife that has been hybridized, genetically altered, or reared in captivity, pursuant to 12 M.R.S. Part 13.

These rules do not apply to:

1. The collection or use of any native wildlife from within Maine for scientific or educational purposes as provided within 12 M.R.S. and department rule chapter 6; or

2. The harvest of amphibians or nonmarine invertebrates for the purpose of export, sale or commercial purposes as provided within 12 M.R.S. §12159 and §12161 and as provided within department rule chapter 26; or

3. The possession, propagation, and exhibition of fish which can be found within 12 M.R.S and as provided with department rule chapter 2; or

4. The release of captive, raised, or imported wild animals or wild birds into the wild as provided within 12 M.R.S. §12156; or

5. Importation permits specific to pheasants, which can be found within 12 M.R.S. §12158; or

6. Importation permits issued to operators of commercial shooting areas specific to mallard ducks, quail, chukar partridge and Hungarian quail, which can be found within 12 M.R.S. §12102;

7. The importation, capture or possession of raptors for hunting as provided within 12 M.R.S. §11159 and department rule chapter 4; or

8. Savannah cats that are an F4 or higher generation; or

9. Any domestically raised, hybridized or genetically altered wildlife specifically held for agricultural production pursuant to 7 M.R.S.; or

10. The importation or possession of dead wildlife or wildlife parts that are legally possessed; or

11. The hunting or possession of wildlife within commercial large game shooting areas as provided within Title 7 M.R.S. §1342-A.

Current through the June 28, 2017 Maine Weekly Rule Notice.

09-137 CMR Ch. 7, § 7.01, ME ADC 09-137 Ch. 7, § 7.01

 

Sec. 7.02. Table of Contents

7.03 Governing Agencies

7.04 Definitions

7.05 Technical Committee

7.06 Classification of Species

7.07 Permit Types

7.08 Application Procedures for All Permits

7.09 Site Inspection

7.10 Standard Conditions and Restrictions Governing All Wildlife in Captivity Permits

7.11 Conditions and Requirements for Each Type of Wildlife in Captivity Permit

7.12 Exceptions and Conditions for Specific Restricted Species

7.13 Costs of recovery

7.14 Complaints

7.15 Penalties

7.16 Transition and Grandfathering Provisions for Current Permit Holders

7.17 Care and Housing Requirements

7.18 Species Lists

Current through the June 28, 2017 Maine Weekly Rule Notice.

09-137 CMR Ch. 7, § 7.02, ME ADC 09-137 Ch. 7, § 7.02

 

7.03 Governing Agencies 

1. The Maine Department of Inland Fisheries & Wildlife: (the “department”) regulates the importation, possession, propagation, rehabilitation and exhibition of wildlife in accordance with 12 M.R.S. §12152, has authority to regulate the possession of wildlife in captivity in the state.

2. The Maine Department of Marine Resources: has lead management authority for marine mammals, marine turtles, marine fishes, and marine invertebrates and regulates the importation of marine organisms and diadromous fishes if they are intended for introduction into the coastal waters or marine environment of the state pursuant to 12 M.R.S. §6701.

3. The Maine Department of Agriculture, Conservation and Forestry: in accordance with Title 7 M.R.S. Part 9 has authority to regulate licensing of pet shops, animal shelters, agricultural fairs and commercial large game shooting areas.

4. The United States Department of Agriculture: in accordance with 7 U.S. Code Chapter 54 has federal authority to regulate transportation, sale, and handling of certain animals and requires anyone wishing to conduct activities with wildlife in a manner regulated under the Animal Welfare Act to hold a valid and current USDA License.

5. The United States Fish and Wildlife Service: in accordance with 022 FW 1.1, the USFWS is responsible for conserving, protecting, and enhancing fish and wildlife and their habitats for the continuing benefit of the American people through federal programs relating to migratory birds, endangered species, interjurisdictional fish and marine mammals, and inland sport fisheries.

Current through the June 28, 2017 Maine Weekly Rule Notice.

09-137 CMR Ch. 7, § 7.03, ME ADC 09-137 Ch. 7, § 7.03.

 

7.04 Definitions 

1. “Dangerous Wildlife”: any wildlife capable of inflicting serious bodily injury.

2. “Exhibitor”: a person or organization that shows, displays, exhibits, or trains wildlife for the purpose of conservation, public education, or entertainment, and who meets the requirements of section 7.11 of this chapter. An exhibitor does not include a person who shows wildlife in connection with theatrical exhibition, circus, or agricultural fair.

3. “Husbandry”: the act of caring for and breeding of wildlife.

4. “Importation”: bringing or causing to be transported into the state any wildlife species.

5. “Native species”: wildlife species that are naturally occurring or naturalized in Maine.

6. “Naturalized species”: an exotic or an introduced species of wildlife that has become established in Maine.”

7. “Propagation”: the raising, possessing or reproduction of wildlife (except wolf hybrids) for the purposes of consumption, release, sale or other pecuniary gain.

8. “Protected Contact”: the management of an animal in a manner which the keeper and the animal do not share the same unrestricted space.

9. “Public Contact”: Any circumstance in which there is physical interaction between a person and wildlife, including physical interaction with wildlife from outside the exhibit or enclosure.

10. “Research Facility” any school (except an elementary or secondary school), institution, or organization that uses or intends to use live animals in research, tests, or experiments, and that purchases or transports live animals in commerce, or receives funds under a grant, award, loan, or contract from a department, agency, or instrumentality of the United States for the purpose of carrying out research, tests, or experiments.

11. “Serious Bodily Injury”: bodily injury that involves:

A. Substantial risk of death; or

B. Extreme physical pain; or

C. Protracted and obvious disfigurement; or

D. Protracted loss or impairment of the function of a body part, organ, or mental faculty.

12. “Training”: includes, but is not limited to, formal instruction (including on-line course work), self-directed learning activities, mentoring, and on-the job learning.

Current through the June 28, 2017 Maine Weekly Rule Notice.

09-137 CMR Ch. 7, § 7.04, ME ADC 09-137 Ch. 7, § 7.04.


7.05 Technical Committee

The commissioner shall appoint a Technical Committee to provide advice regarding proposed wildlife in captivity permits, or the conditions that should accompany the issuance of a permit. The commissioner may consult with the Technical Committee as necessary, including but not limited to for the purpose of obtaining pertinent information and advice regarding the issuance, denial or revocation of permits authorizing the possession or importation of wildlife and to review requests to change the categorization of species.

1. Committee Composition: the Committee shall include a representative from the following:

A. The Department's Bureau of Resource Management;

B. The Animal Welfare Program in the Department of Agriculture, Conservation, and Forestry;

C. The State Veterinarian;

D. A current wildlife possession permit holder and;

E. A minimum of three individuals having relevant degrees and/or documented experience and/or training in:

(1) wildlife biology/conservation; or

(2) vertebrate zoology; or

(3) veterinary medicine; or

(4) herpetology; or

(5) entomology; or

(6) ichthyology; or

(7) the husbandry of captive wildlife; or

2. Duties and expectations: The duties and expectations of the committee may include but are not limited to the following:

A. making scientific recommendations on the appropriate classification of a species;

B. providing advice on whether or not to issue a proposed wildlife in captivity permit;

C. providing recommendations on the conditions that should accompany the issuance of a permit for a specific species.

Current through the June 28, 2017 Maine Weekly Rule Notice.

09-137 CMR Ch. 7, § 7.05, ME ADC 09-137 Ch. 7, § 7.05.

 


7.06 Classification of Species  

1. Unrestricted List

Pursuant to 12 M.R.S. §12152 an “Unrestricted Species List” shall be maintained by the department, be made available to the public and contain a list of species of fish and wildlife, including tropical fish and invertebrates, that do not require an importation, exhibition, propagation, or possession permit, and may be traded by commercial pet shops. Unrestricted Species must be maintained in a humane and safe manner that does not jeopardize public health and safety, the welfare of the animal, or cause a public disturbance.

2. Prohibited Species

Species which the commissioner, in consultation with the technical committee have determined pose a significant risk to Maine's native flora and fauna, to the public welfare or to domestic animals shall be designated as prohibited and no permit shall be granted. The commissioner may make an exception and authorize limited possession of these species by accredited research facilities in cases where there is a significant public benefit. The Prohibited Species List is located within section 7.18.

3. Restricted Species

Notwithstanding section 7.12, Restricted Species shall require a permit before the species can be possessed, imported, exhibited, propagated, or rehabilitated.

A. Category 1 Restricted Species

(1) Criteria: The Commissioner, in consultation with the technical committee, shall consider the following criteria to determine whether a species will be listed as a Category 1 Restricted Species:

(a) It does not meet the criteria of a Prohibited Species and when:

(b) It is included on the U.S. list of endangered or threatened species, or is listed in Appendix I of the Convention on International Trade in Endangered Species; or

(c) It is known to harbor an agent substantially harmful to humans, domestic livestock, poultry, native wildlife, other animals, or Maine flora; or

(d) It has a geographic distribution and life requisites that would allow it to survive in Maine if accidentally or intentionally introduced into the wild; or

(e) It is included on the USFWS list of Injurious Species; or

(f) It is capable of inflicting serious bodily injury to humans; or

(g) It has unique requirements for housing or care that cannot be provided outside of professionally designed and operated facilities.

(2) Conditions and Restrictions: in order to import, possess, propagate, rehabilitate, or exhibit a Category 1 Restricted Species, the following conditions must be met, notwithstanding section 7.12:

(a) Permit Required: An applicant for a permit pertaining to Category 1 Restricted Species must be an exhibitor, wildlife rehabilitator, laboratory registered with the United States Department of Agriculture, or accredited research facility.

(b) Contact by the Public Prohibited: An applicant for a permit pertaining to Category 1 Restricted Species must not allow Category 1 Restricted Species to be accessible for handling or contact by the general public, unless specifically authorized by the commissioner.

(c) Safety Measures: An applicant for a permit pertaining to Category 1 Restricted Species must maintain the Category 1 Restricted Species under conditions that give the owner or keeper exclusive control over them at all times as to prevent loss or risk of injury to the public;

(d) Credentials Required: An applicant for a permit pertaining to Category 1 Restricted Species must submit documentation to verify a minimum of one year of practical husbandry or a minimum of 100 hours of experience, training or apprenticeship in the care, feeding, handling and husbandry of the Category 1 Restricted Species to be possessed or of another species that is substantially similar to the species to be possessed in size, characteristics, care and nutritional requirements. A Bachelor of Science or higher degree in a relevant biological science, obtained at an accredited institution of higher learning, may be substituted for 50 hours of experience or apprenticeship. Documentation shall consist of: a description of the specific experience acquired; the date and time the experience was obtained and the specific locations where acquired; and a minimum of two references from a professional organization such as a university, zoological association, or governmental institution.

(e) Emergency Plan: A written emergency plan must be submitted with the application for use in the event of occurrences such as: severe damage to enclosures due to fire, wind, or floods; animals attacking and /or injuring humans, other animals or property; the escape of any animal in captivity; and absence, illness, or death of the owner or keeper. The plan must include:

(i) An updated list of the Category 1 Restricted Species in captivity;

(ii) The availability of capture equipment and weapons with specific instructions as to the precise circumstances under which dangerous wildlife are to be destroyed.

(iii) Contingencies for the maintenance or disposition of all Restricted Species covered by the permit in the event of the owner or keeper's absence, illness, or death.

(iv) The plan must be made available for inspection upon the request of a law enforcement officer, firefighter, department representative or Animal Control Officer.

B. Category 2 Restricted Species

(1) Criteria: The commissioner, in consultation with the technical committee shall consider the following criteria to determine whether a species will be listed as a Category 2 Restricted Species:

(a) It does not meet the criteria of a Prohibited Species or Category 1 Restricted Species and when:

(b) It requires special housing or care that cannot be provided by persons without training or experience; or

(c) It requires a special commitment to ensure proper care and welfare.

(2) Conditions and Restrictions: In order to import, possess, propagate, rehabilitate, or exhibit a Category 2 Restricted Species, the following conditions must be met, notwithstanding section 7.12:

(a) Permit Required: An applicant for a permit pertaining to a Category 2 Restricted Species must be an exhibitor, rehabilitator, laboratory registered with the United States Department of Agriculture, accredited research facility, or an individual with demonstrated experience with the care and husbandry of the species for which a permit is requested or a species which is substantially similar to the species for which a permit is requested;

(b) Safety Measures: An applicant for a permit pertaining to a Category 2 Restricted Species must maintain the animal under conditions that give the owner or keeper exclusive control over them at all times as to prevent loss or risk of injury to the public;

(c) Maintenance Plan: An applicant for a permit pertaining to a Category 2 Restricted Species must submit a plan for the maintenance or disposition of all Category 2 Restricted Species in the event of the owner or keeper's absence, illness, or death;

(d) Credentials Required: An applicant for a permit pertaining to a Category 2 Restricted Species must submit documentation to verify a minimum of one year of practical husbandry or a minimum of 100 hours of experience, training or apprenticeship in the care, feeding, handling and husbandry of the species to be possessed or of another species that is substantially similar to the species to be possessed in size, characteristics, care and nutritional requirements. A Bachelor of Science or higher degree in a relevant biological science, obtained at an accredited institution of higher learning, may be substituted for 50 hours of experience or apprenticeship. Documentation shall consist of: a description of the specific experience acquired; the date and time the experience was obtained and the specific locations where acquired; and a minimum of two personal references.

4. Unclassified Species: A person may not possess any species that has not been categorized.

Any species which has not been identified as a Prohibited, Restricted, or Unrestricted species will not be eligible for a permit under this chapter, however a request may be made to review the categorization of a species subject to section 7.06(5).

5. Requests to Review or Change the Categorization of a Species: must be made on application forms provided by the department. Applicants shall bear the burden of proof in proving that a species belongs in the requested category. Applications submitted with supporting documentation are evaluated by the commissioner or commissioner's designee and the Technical Committee.

A. Commissioner's Evaluation Criteria for Review of Requests to Change Categorization of a Species: Considering the recommendations of the Technical Consulting Committee, which are advisory in nature, the commissioner may change the status of a species according to the criteria established in this section.

B. Notification: When the commissioner approves or denies a request for review of categorization, a written notification will be sent to the applicant. When the commissioner denies a request, the department will advise the individual or entity making the request of the basis for the denial.

Current through the June 28, 2017 Maine Weekly Rule Notice.

09-137 CMR Ch. 7, § 7.06, ME ADC 09-137 Ch. 7, § 7.06.

 


7.07 Permit Types  

1. Importation Permit: The commissioner may issue an importation permit to a person or institution, pursuant to 12 M.R.S. §12152, to import wildlife in the State. No species of wildlife, except those listed by the commissioner as Unrestricted or those which are in continuous transit through Maine as provided within 7.11, shall be imported into the State of Maine without a Wildlife Importation Permit issued by the commissioner. For the purpose of this regulation, importation includes transporting or relocating into Maine either on a permanent or temporary basis, any regulated wildlife by any means including the subsequent possession of other vertebrates not subject to the wildlife definition pursuant to 12 M.R.S. §10001.

2. Exhibitor Permit: The commissioner may issue an exhibitor permit to a person or institution, pursuant to 12 M.R.S. §12152, for the purpose of keeping wildlife (except wolf hybrids) in captivity for commercial exhibition, attracting trade, or for educational purposes.

3. General Possession Permit: The commissioner may issue a general possession permit to a person or institution, pursuant to 12 M.R.S. §12152, to possess any Restricted Species, for the following purposes:

A. Serious professional or avocational husbandry or;

B. Personal use or;

C. Research or;

D. Education.

4. Game Bird Propagation Permit: The commissioner may issue a game bird propagation permit to a person or institution, pursuant to 12 M.R.S. §12152, to possess pheasants, quail, chukar partridge or Hungarian partridge for the purpose of propagating, breeding and/or rearing for consumption, sale, or release.

A. 3-Day Hold Permit: A 3-day hold permit is valid for 1 calendar year and allows for multiple uses as long as each use is for 3 days or less. There is no cage inspection requirement because this permit authorizes the use of small, travel size cages when the permittee is holding these birds for 3 days or less for the purpose of training dogs or releasing.

B. 1-Year Permit: Issued for wild birds that will be held up to 1 year.

5. Rehabilitation Permit: The commissioner may issue a rehabilitation permit to a person or institution, pursuant to 12 M.R.S. §12152, to possess debilitated or orphaned wildlife for the purpose of restoring them to full health and release to the wild, or to be humanely euthanized.

Current through the June 28, 2017 Maine Weekly Rule Notice.

09-137 CMR Ch. 7, § 7.07, ME ADC 09-137 Ch. 7, § 7.07

 

7.08 Application Procedures for All Permits 

1. Age of Applicants: Applicants must be 18 years of age or older.

2. Application Process

A. Applications for permits to import, possess, propagate, rehabilitate, or exhibit a Restricted Species shall be made on application forms provided by the department.

B. The department will review the application and respond to the applicant with its decision or to request additional information. Decisions will usually be provided within 45 days of the submission of the application.

C. The department will conduct a preliminary review of the application to determine if the applicant meets the basic criteria for the issuance of the permit requested.

D. A site inspection of the facility where the wildlife will be kept may be required before a permit is issued (see section 7.09).

E. The department may issue a conditional approval that requires the applicant to meet additional criteria before a final permit is issued.

3. Permit Denial: The commissioner may deny a permit request when:

A. The applicant has failed to demonstrate that the purpose for which the permit is sought is legitimate under the law, or has failed to demonstrate that legitimate and appropriate methods for the keeping and care of the species would be utilized.

B. The applicant does not have appropriate facilities or has failed to satisfactorily demonstrate the capability and qualifications to perform the functions required.

C. The applicant has not met the conditions and requirements established in this Chapter.

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

E. The applicant fails to comply with or respond to a notice of corrective action within the required timeframe. The notice of corrective action may apply to a condition that must be met in order for a permit to be issued, or to a condition that must be satisfied in order for a permit to be renewed.

F. The applicant has been adjudicated of a civil violation, or convicted of any crime relating to the activity for which the permit is sought.

G. The applicant, within the 10 years prior to applying for the permit, has been convicted under a criminal law involving cruelty to animals that is no longer in effect, or within 10 years prior to applying for the permit, has been adjudicated of a civil violation for cruelty to animals under 7 M.R.S. chapter 739 or has been convicted or adjudicated in any other state, provincial or federal court of a violation similar to those specified in this section.

4. Notification: When the Commissioner approves or denies a permit request, a written notification will be sent to the applicant. The decision notice will state the reasons for the denial.

5. Appeal Process: An applicant or permittee under this section who wishes to contest a decision of the department may request an administrative hearing in accordance with 5 M.R.S., chapter 375. The hearing request must be filed in writing to the commissioner within 10 days of receipt of the decision. If a hearing is held, the commissioner may consult with such experts and professionals as may be appropriate to substantiate issues of public health and safety, animal welfare, or other facts relevant to the department's responsibilities under this chapter in making a decision.

6. Transfer of Permits Prohibited; Exception for Importation and Exhibition: Permits are non-transferable; except any person/s employed by or under contract to a permitted importer or exhibitor may carry out the authorized activity. A copy of the permit must be carried by the individual while conducting activities under the permittee's supervision.

Current through the June 28, 2017 Maine Weekly Rule Notice.

09-137 CMR Ch. 7, § 7.08, ME ADC 09-137 Ch. 7, § 7.08.

 

7.09 Site Inspection

1. Wildlife in Captivity Inspectors: The commissioner may designate Wildlife in Captivity Inspectors to carry out routine inspections of wildlife facilities in Maine that are under the Department's jurisdiction, including required records.

A. A site inspection is required prior to the issuance or renewal of any possession, exhibition, or rehabilitation permit. Exception: The commissioner may waive the requirement for a site inspection if a facility can provide proof of current accreditation by a recognized zoological association.

B. Completed inspection reports must be submitted to the department before a permit will be issued.

C. Permit applicants, except applicants for rehabilitation permits, are responsible for all costs associated with the inspection of their facility by Wildlife in Captivity Inspectors and must submit the completed inspection form to the department.

D. Department staff will inspect wildlife rehabilitation facilities at no cost to the permit holder.

2. Department Personnel and Animal Welfare Agents: Inspections of wildlife facilities (including wildlife rehabilitators) and required records may be conducted by authorized department personnel and animal welfare agents at all reasonable times. Findings of inspections may be provided in writing to the permittee upon request.

Current through the June 28, 2017 Maine Weekly Rule Notice.

09-137 CMR Ch. 7, § 7.09, ME ADC 09-137 Ch. 7, § 7.09.

 

7.10 Standard Conditions and Restrictions Governing All Wildlife in Captivity Permits 

1. Species with Special Needs or Considerations: The commissioner may set special conditions on a permit to mitigate potential impacts on, or from, wildlife having special needs or considerations and to ensure the welfare of such wildlife and the public. These conditions may include housing and care requirements, microchipping of certain species or the prohibition of public contact. For some Category 1 restricted species (such as elephants) a facility that affords protected contact for the handlers may be required. The commissioner may also require certain animals to be spayed or neutered in order to prevent reproduction by the species when such reproduction would pose a risk to the wildlife or people or the State of Maine. The commissioner may seek the advice of experts on the species involved to provide for such special needs and to ensure the welfare of the wildlife.

2. Federal Permit Requirements: If applicable, proof must be furnished of a valid federal wildlife possession or importation permit, and compliance with the Convention on International Trade in Endangered Species (CITES).

3. Display of Permit: All persons issued wildlife in captivity permits must display the permit at the location the animal is being housed and make the permit available for inspection by licensed Wildlife in Captivity Inspectors, department representatives and animal welfare agents.

4. Records: The permit holder must maintain complete and accurate records for each Category 1 and Category 2 Restricted species in its possession. The records must identify:

A. The species, sex, age, of each animal;

B. Date of birth (if known), and date of acquisition;

C. If applicable, the name and address of any person who has previously possessed or currently possesses the animal, and the dates of transfer or loan of the animal. Transfers or loans for any purpose or duration, except those to an out of state entity, must be approved by the department in writing prior to the movement of the animal.

D. The date of the death, loss or transfer to another person of each animal;

E. The records required by this subsection must be kept in chronological order, for a minimum of five years after the date of death, loss, or transfer of any wildlife and the records must be made available for inspection at all reasonable times upon request of the commissioner or the commissioner's designee, departmental representatives and animal welfare agents.

5. Addition of New Species or Individuals Prohibited: The addition of any new species, or increase in the numbers of previously permitted species, except by birth, must be approved by the commissioner before they may be possessed or added to a valid permit under this Chapter. Any increase in the numbers of a previously permitted species that occurs through reproduction must be reported to the department within 30 days of birth.

6. Security and Shelter: Wildlife held in captivity must be confined, contained, controlled, and sheltered in such a way as to protect it, and to protect property of others and the health and safety of the public.

7. Health and Comfort

A. All wildlife held in outdoor enclosures must be provided with adequate shelter from inclement weather and direct sunlight. Each cage or enclosure must have shelter sufficient to simultaneously protect all wildlife contained therein.

B. All wildlife must be provided with living quarters that maintain a temperature meeting the biological needs of the animal Wildlife housed indoors must be provided with appropriate lighting and humidity.

C. All wildlife must be provided with appropriate veterinary care including but not limited to care for injuries and for the control of contagious, parasitic, and nutritional diseases.

D. No wildlife may be chained or otherwise tethered to a stake, post, tree, building or any other anchorage at any time except for training or other controlled activities, for medical treatment or grooming of such animals or as otherwise provided herein. This condition does not apply to diurnal birds of prey.

8. Sanitation: All cages and enclosures must be kept in a sanitary condition. Regular cleaning schedules must be maintained. Cages may not be stacked in such a way that excrement may enter lower enclosures.

9. Food and Water: All permitted wildlife must be provided necessary sustenance. This includes:

A. An adequate supply of potable water that is made available in cages and enclosures for drinking, washing or other purposes necessary to the species being contained.

B Regular feeding schedules; the rations supplied must be adequate, nutritious, and so far as possible consistent with the food which is ordinarily eaten by such animals in the wild. Food must be sufficient to maintain good body condition, and age appropriate size and weight with a healthy appearance.

C. Areas used for the preparation and storage of food must be sufficiently clean to prevent contamination by pathogens or harmful substances. Meat, fish and fresh fruits and vegetables to be fed to animals must be properly refrigerated to prevent spoilage.

D. Food for animals must be stored in such a way as to prevent damage from weather, rodents, insects and animals.

10. Notification: A person who possesses a restricted species shall immediately notify law enforcement officials of any escape of the regulated animal. The permit holder may also be subject to “cost of recovery” as described in 7.13.

11. Handling Techniques: Handling of wildlife must be done as expeditiously and carefully as possible and in such a way as to avoid unnecessary discomfort, behavioral stress, or physical harm to the animal. Where permitted, handling of wildlife in public settings or displayed in advertising materials must demonstrate professional techniques and methods that consider public health and safety, the welfare of the animal, and an awareness of disease or parasite transmission.

Current through the June 28, 2017 Maine Weekly Rule Notice.

09-137 CMR Ch. 7, § 7.10, ME ADC 09-137 Ch. 7, § 7.10.

 

7.11 Conditions and Requirements for Each Type of Wildlife in Captivity Permit

1. Wildlife Importation Permit: In addition to the requirements described in 7.10, the following conditions and requirements apply:

A. Permit Not Required: A wildlife importation permit shall not be required for wildlife that is in continuous transit through Maine, so long as the wildlife is fully contained and transported in a manner that does not allow it to come into contact with humans, livestock, poultry, or native wildlife.

B. Eligible Wildlife: Only wildlife that has been bred in captivity is eligible for importation, unless otherwise authorized by the commissioner. Importation of native wildlife that has been captured from the wild may be permitted as part of an approved program to aid in the recovery of a threatened or endangered species.

C. Health Certificate: The applicant must furnish the commissioner with an interstate health certificate/certification of veterinary inspection and appropriate test results or statements about specific diseases. This certification must comply with the standards of the state of origin and issued by a veterinarian licensed in the state of origin. USDA accreditation of the veterinarian may be required for certain livestock and poultry disease testing. Information required on the health certificate must include:

(1) Common and scientific name(s) of species;

(2) Number to be imported;

(3) Name and address of consignor and consignee;

(4) Origin or shipment;

(5) Destination of shipment;

(6) Appropriate descriptions of animals by criteria such as sex, age, weight, coloration, tag numbers, brand, etc.

(7) A health certificate must be signed by a qualified veterinarian and the owner or owner's representative from the point of origin.

(8) The Department of Agriculture, Conservation and Forestry and the Department of Health and Human Services has the authority to approve disease test procedures and serve as the state's representative in interpreting the results of all tests administered in compliance with importation statutes and regulations.

2. Wildlife Exhibitor Permit: In addition to the requirements described in 7.10, the following requirements and conditions apply:

A. Public Programs Required: Applicants must conduct public programs involving the exhibition of the wildlife subject to this section and in the exhibitor's possession, and maintain documentation thereof. Such public programs must consist of at least forty programs or attendance by at least 500 members of the public within the first two years of obtaining an exhibitor permit, and for every two years thereafter. The department may waive the requirement for public programs if the wildlife is exhibited as part of an accredited educational program.

B. Federal Permit: For purposes of importing or possessing mammals, applicants must submit a copy of a Class C (“exhibitor's”) license issued by the United States Department of Agriculture pursuant to the Animal Welfare Act (7 USC 54), and a copy of the last inspection report signed and dated by the United States Department of Agriculture.

C. Employees: Assurance must be provided that a sufficient number of adequately trained employees or volunteers will be utilized to comply with these rules. Employees and volunteers must be at least of 18 years of age to work directly with Category 1 Restricted Species.

D. Insurance Required: Applicants must submit proof of holding at least $500,000 in general liability coverage.

E.] Public Contact Restricted: For dangerous wildlife, barriers such as walls, fences, moats, retaining rails or other necessary devices must be present and adequate to prevent the public from approaching the cages, pens, enclosures or areas near enough to inadvertently make contact with the wildlife.

F. Signage: Signs must be conspicuously posted on permanent cages or enclosures, requesting that the public refrain from annoying animals.

G. Feeding: Unauthorized feeding of wildlife by the public is prohibited. Food must meet the standards set forth in these rules.

3. General Possession Permit: In addition to the requirements described in 7.10, the following requirements and conditions apply:

A. Native Species Prohibited: Possession of any Restricted Species that is native to Maine is prohibited.

B. Public Contact Restricted: No species may be allowed to roam freely outside a containment area, taken off the premises of the permittee, or taken into a public area, except for veterinary care, transfer to a person permitted for the possession of the species, or as may be otherwise approved by the commissioner. Wildlife must be controlled or contained at such times in order to prevent contact with the public.

4. Game Bird Propagation Permit: In addition to the requirements described in 7.10, the following requirements and conditions apply:

A. Propagation of any Restricted Species that is native to Maine is prohibited, except as part of an approved program to aid in the recovery of Threatened or Endangered Species.

5. Wildlife Rehabilitation Permit: In addition to the requirements described in 7.10, the following requirements and conditions apply:

A. Species Prohibited: Rehabilitation of black bear, moose, white-tailed deer, wild turkey, species that are listed as Threatened or Endangered, and any species that is not native or naturalized to Maine is prohibited, except as authorized by the commissioner. Any wildlife rehabilitator may temporarily possess these species in order to provide emergency care that is required to stabilize the condition of an animal prior to a transfer to a rehabilitation facility that has been authorized by the commissioner to care for the species.

B. Examination Required: First time applicants must successfully complete an examination prescribed by the commissioner, which may include a written test, to show proficiency and knowledge in the area of wildlife husbandry and rehabilitation and the pertinent laws of the state and rules of the department. Exception: Applicants who have previously held a wildlife rehabilitation permit and are applying for a new permit will be required to take a written examination if they have not successfully passed an exam within the past 3 years. This requirement will also apply to permitted wildlife rehabilitators that have not actively rehabilitated wildlife within the past 3 years.

C. Authorized Activities: Persons to whom a permit is issued are authorized 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, or for any other use of wildlife beyond that associated with the rehabilitation or approved educational use of the wildlife species involved. Wildlife possessed pursuant to a rehabilitation permit may not be sold, bartered, or traded, although the transfer of debilitated wildlife to another permittee for treatment or care is not prohibited. Non-releasable wildlife may not be transferred to other more appropriate facilities without prior permission from the department before a transfer occurs.

D. Costs: The permit holder is responsible for the costs of rehabilitation, including food and shelter, veterinary care, any labor or consultation charges, transportation or any other costs or charges associated with the rehabilitation of wildlife. A permit holder may not charge any third party for such costs unless the permit holder is a licensed Maine veterinarian. Voluntary contributions to rehabilitation facilities or organizations may be accepted.

E. Minimum Standards: All rehabilitation activities must meet minimum standards as published by the International Wildlife Rehabilitation Council, and/or National Wildlife Rehabilitation Association.

F. Credentials Required: Applicants must submit documentation to verify successful completion of a minimum of 100 hours of experience, training or apprenticeship at an approved facility in the care, feeding, handling, and rehabilitation of native wildlife species. A Bachelor of Science or higher degree in a relevant biological science, obtained at an accredited institution of higher learning, may be substituted for 50 hours of experience or apprenticeship. Documentation must consist of:

(1) A description of the specific experience acquired;

(2) The date and time the experience was obtained and the specific locations where acquired; and

(3) A minimum of two references from a professional organization, currently permitted wildlife rehabilitator, or governmental institution such as a university, zoological association, or federal agency;

G. Disposition of all Wildlife Subject to Rehabilitation: All wildlife subject to rehabilitation must be released to the wild at the earliest appropriate time, or humanely destroyed, and may not be kept in captivity beyond 6 months. The commissioner may, upon request, extend this time period or authorize the transfer of non-releasable wildlife to another facility for long-term care. All wildlife that is released into the wild must be released within 10 miles of the location where it was captured, unless otherwise authorized by the commissioner.

H. Dependency on Humans: All practicable measures must be taken to prevent wildlife dependency on humans.

I. Records; Reports and Permit Renewal: The permit holder must maintain complete and accurate records of any activity conducted pursuant to such permit. A report of these activities must be submitted to the commissioner within 30 days following permit expiration or with request for renewal. Report forms may be provided by the commissioner.

J. Threatened or Endangered Species: Notification must be made to the department within 48 hours if the permit holder takes possession of an animal that is included on the Maine Endangered Species or Threatened Species list.

K. Public Viewing: Wildlife rehabilitators may request authorization from the commissioner to allow public viewing of wildlife contained in their facility for educational purposes.

Current through the June 28, 2017 Maine Weekly Rule Notice.

09-137 CMR Ch. 7, § 7.11, ME ADC 09-137 Ch. 7, § 7.11.

 

7.12 Exceptions and Conditions for Specific Restricted Species 

1. Exception for Possession Permits for Non-human Primates: Capuchin monkeys (primates in the Genus Cebus and Sapajus) may be possessed by individuals if the following conditions are met:

A. The applicant/permit holder demonstrates a legitimate need for physical aide from a primate, and the animal in question is specifically trained for such purposes, or the applicant must be providing foster care or training for the primate under direction or supervision of a recognized authority for same;

B. The animal is supplied by, or approved by, a recognized institution or organization specializing in such use of primates;

C. The primate held in captivity for said purposes is vaccinated as may be prescribed by a qualified veterinarian or public health official, and is prevented at all times from direct contact with the public in such a way that physical injury or disease transmission may occur.

Wildlife in the Family Cervidae: Rehabilitators must contact the Department upon the death of any adult animal in the family Cervidae. Other permit holders must submit the head of any species in the family Cervidae to the Department of Agriculture, Conservation, and Forestry for disease testing upon death of the animal.

2. Wolf Hybrids: No Wolf Hybrid may be permitted under this chapter unless the applicant has first presented proof from a licensed veterinarian that:

A. The wolf hybrid has been permanently identified in accordance with 7 M.R.S. §3921-A;

B. The wolf hybrid has been spayed or neutered; and

C. All other criteria for a Wildlife Possession Permit have been met.

3. Disposition of Wolf Hybrid at large

A. Owner of wolf hybrid located. If a wolf hybrid at large is licensed under 7 M.R.S. §3922, §3-B or 12 M.R.S. §12152 or its owner can otherwise be identified and located, an animal control officer or person acting in that capacity shall take the wolf hybrid to its owner and may issue citations for violations of 7 M.R.S. §3911-B.

B. Unable to locate owner. In the event owner of record cannot be located, an animal control officer or person acting in that capacity shall take the wolf hybrid to the animal shelter designated by the respective municipality in which the wolf hybrid was found. An animal shelter that accepts a wolf hybrid under this subsection is entitled to receive from the department the sum of $4 a day for the period for which food and shelter are furnished, not to exceed 6 days. The wolf hybrid will be held for 6 days during which the owner may reclaim the animal provided it is sufficiently demonstrated that animal is/will be properly licensed under 7 M.R.S. or 12 M.R.S. Upon expiration of the 6-day period, ownership of the wolf hybrid is vested in the shelter. The animal shelter shall:

(1) Transfer ownership of the wolf hybrid to a person holding a permit to possess wildlife under 12 M.R.S. §12152 who is authorized to accept wolf hybrids in compliance with rules adopted under 12 M.R.S. §12160(2) or,

(2) After keeping the wolf hybrid for 8 days, euthanize the wolf hybrid humanely in accordance with 17 M.R.S. Chapter 42, subchapter 4.

Current through the June 28, 2017 Maine Weekly Rule Notice.

09-137 CMR Ch. 7, § 7.12, ME ADC 09-137 Ch. 7, § 7.12.

 

7.13 Costs of recovery 

1. Escape of Restricted Species: Restricted Species that have escaped the permit holder's holding facilities and/or control, and that are determined by the commissioner to be detrimental to public safety, native fish and wildlife habitat, or any of the state's fish and wildlife resources by threat of predation, the spread of disease, habitat competition, interbreeding with native fish or wildlife, or other significant damage, may be seized, captured or, where necessary, destroyed by the department, or any law enforcement officer, for the purpose of protecting and preserving Maine's fish and wildlife and their environment. The commissioner may consider such escaped wildlife to be a public nuisance and seek to hold the permit holder thereof responsible for any costs incurred in recovering, holding, testing for disease, or disposing of such wildlife, as well as any damages to the state's wildlife resources.

2. Financial Security: Prior to issuing a permit, the commissioner may require that a bond or other financial security for the potential costs associated with the recovery, handling or disposition of any permitted wildlife be posted. Such bond, if required, must be maintained in force until the disposition of the animals has been approved by the department.

3. Confiscation: The permit holder shall be responsible for all costs incurred by the state resulting from the necessary confiscation of animals from the premises of the permit holder or as the result of the revocation of the permit.

4. Wildlife That Are Illegally Possessed: Restricted Species that are illegally possessed may be seized, captured or, where necessary in cases of disease, public health, human safety, or threats to the state's fish and wildlife, destroyed by the department. The owner thereof shall be responsible for any costs incurred in recovering, holding, testing for disease, or disposing of illegally possessed wildlife, as well as any damages to the state's fish and wildlife resources, under appropriate law. Pursuant to 12 M.R.S. §10503-6 a court may render judgment against the person illegally possessing wildlife to cover costs incurred to remove or euthanize the fish or wildlife possessed without a permit.

Current through the June 28, 2017 Maine Weekly Rule Notice.

09-137 CMR Ch. 7, § 7.13, ME ADC 09-137 Ch. 7, § 7.13.

 

7.14 Complaints

Complaints pertaining to wildlife in captivity will be investigated and findings associated with that investigation may be considered at the time of permit renewal. If warranted a permit may be suspended or terminated in accordance with 12 M.R.S §10902. Any termination or suspension of a permit may be appealed in accordance with the administrative hearing procedures described above.

Current through the June 28, 2017 Maine Weekly Rule Notice.

09-137 CMR Ch. 7, § 7.14, ME ADC 09-137 Ch. 7, § 7.14

 

7.15 Penalties

Any violation of these rules and regulations or the conditions of any wildlife in captivity permit may subject the permit holder to the following:

A. Civil or criminal penalties as provided for in law.

B. Revocation of any wildlife in captivity permit issued by the department. When revoked, permits must be surrendered to the commissioner. When a permit is revoked and the appeal period has expired, the permit holder will be required to transfer any wildlife held under the permit to another permitted facility under a plan approved by the department.

C. Suspension of permit: when a permit is suspended the department will notify the permit holder of any conditions that must be corrected and when a follow-up inspection will be conducted to assure those conditions have been met before the permit may be re-instated.

D. Confiscation of any restricted wildlife species in the possession of the violator.

E. Suspension of public visitation to Wildlife Exhibitors until such time as the violation is remedied.

Current through the June 28, 2017 Maine Weekly Rule Notice.

09-137 CMR Ch. 7, § 7.15, ME ADC 09-137 Ch. 7, § 7.15.

 

7.16 Transition and Grandfathering Provisions for Current Permit Holders

Any person or organization who, on the effective date of these rules, holds a valid permit to import, possess, exhibit, rehabilitate, or propagate wildlife and who meets the housing requirements described in Department Rule Chapter 7 as of August 1, 2016, has until January 1, 2018 to comply with the provisions contained in section 7.17. Any person or organization who, on the effective date of these rules, holds a valid permit to import, possess, exhibit, rehabilitate, or propagate wildlife, has until January 1,2018 to comply with the provisions contained in sections 7.06(3)A(2), 7.06(3)B(2), 7.11(2)A, and 7.11(5)F. Compliance with these sections is required prior to any request to add new individuals or species to an existing permit. All permit holders that legally possess a Prohibited or Restricted Species as of the effective date of these rules, but who do not comply with the provisions contained in sections 7.06(3)A(2), 7.06(3)B(2), 7.11(2)A, and 7.11(5)F by January 1,2018, will be authorized by the commissioner to retain the individual animals currently in their possession until such time that the animal dies, however the commissioner may place conditions on their permit to ensure the welfare of the animal or to protect native wildlife, domestic animals, or the public. Conditions may include requiring the animals to be tattooed or microchipped. Any offspring that are born to Prohibited or Restricted species that are in the possession of a permit holder through this grandfathering clause must be euthanized or transferred to another facility approved by the department.

Current through the June 28, 2017 Maine Weekly Rule Notice.

09-137 CMR Ch. 7, § 7.16, ME ADC 09-137 Ch. 7, § 7.16.

 

7.17 Care and Housing Requirements

1. Unless otherwise specified, the department shall require minimum caging requirements for individual restricted species as described within the Zoological Association of America's Animal Care & Enclosure Standards and Related Policies 2016 Version, Section 5 through 7. The requirements can be located at: www.zaa.org.

2. Wildlife rehabilitators must comply with the minimum housing requirements published by the International Wildlife Rehabilitation Council and/or National Wildlife Rehabilitation Association.

3. The commissioner may require additional or more specific housing or care requirements for individual permits as necessary.

Current through the June 28, 2017 Maine Weekly Rule Notice.

09-137 CMR Ch. 7, § 7.17, ME ADC 09-137 Ch. 7, § 7.17.

 

7.18 Species Lists

1. Prohibited Species: See 7.06(2) for exceptions for research institutions.

A. Red-eared slider (Trachemys scripta);

B. Monk parakeet (Myiopsitta monachus);

C. Mute swan (Cygnus olor);

D. African clawed frog (Xenopus laevis).

2. Category 1 Restricted Species

A. Any wildlife listed by the USFWS as an injurious species within 50 CFR 16 Injurious Wildlife (http://www.fws.gov/injuriouswildlife/pdf files/Current Listed IW.pdf), unless the species is identified in another category in this Chapter or is on the Unrestricted List.

B. Any species listed in CITES Appendix I (https://cites.org/eng/app/appendices.php ), unless the species is identified in another category in this Chapter or is on the Unrestricted List.

C. Any species listed as threatened or endangered by the USFWS, unless the species is identified in another category in this Chapter or is on the Unrestricted List.

D. Mammals

(1) A member within the family Felidae (including, but not limited to, lion, leopard, cheetah, jaguar, ocelot, jaguarundi cat, puma, lynx and bobcat);

(2) A member within the family Canidae (including but not limited to wolf and coyote);

(3) A member within the family Ursidae (including, but not limited to, black bear, grizzly bear and brown bear);

(4) A member within the order Primates (including, but not limited to, capuchin, macaque, lemur and marmoset);

(5) A member within the family Elephantidae (including, but not limited to, African elephant);

(6) A member within the family Hyaenidae (including, but not limited to, brown hyaena, spotted hyaena, striped hyaena and aardwolf);

(7) A member within the family Rhinocerotidae (rhinoceros);

(8) A member within the family Tapiridae (tapirs);

(9) A member within the family Hippototamidea (hippos);

(10) A member within the family Camelidae (camels);

(11) A member within the family Cervidae (deer);

(12) A member within the order Chiroptera (bats).

E. Reptiles

(1) A member within the order Crocodilia (including, but not limited to, alligator, crocodile and caiman);

(2) A member within the family Helodermatidae (including, but not limited to, gila monsters and beaded lizards).

3. Category 2 Restricted Species

A. Mammals

(1) A member within the family Viverridae (including, but not limited to, civets, genets, binturong, linsangs);

(2) A member of the family Caviidae (cavys, capybaras), except guinea pigs.

B. Reptiles

(APA Office Note: the agency plans amendments with further detail the near future.)

Current through the June 28, 2017 Maine Weekly Rule Notice.

09-137 CMR Ch. 7, § 7.18, ME ADC 09-137 Ch. 7, § 7.18.

  

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