09-137 C.M.R. ch. 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, research 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, except that the department may authorize importation or 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, is listed in Appendix I of the Convention on International Trade in Endangered Species, is listed by the International Union for the Conservation of Nature as 'Endangered, 'Critically Endangered' or Extinct in the Wild or is state listed as Endangered or Threatened across a significant portion of its native range; 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 department.

(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.

Notes

09-137 C.M.R. ch. 7, § 06