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Code of Maine Rules. 09. Department of Inland Fisheries and Wildlife. 137. Fish and Wildlife - General. Chapter 7. Regulations for Wildlife in Captivity. Part I. General Provisions



Country of Origin: United States - Maine

Agency of Origin: Fish & Wildlife

National Citation: ME ADC 09-137 Ch. 7, Pt. I, 7.00 - 62

Agency Citation:

Printable Version 09-137 CMR Ch. 7, Pt. I, 7.00 - 62


Last checked by Web Center Staff: 06/2013


Summary:   This set of Maine regulations concerns the keeping of captive wildlife. A permit is generally required to keep wildlife in the state. No wildlife held by permit under this section may be housed in, displayed, sold or traded by a pet shop licensed or required to be licensed by the Maine Department of Agriculture. Section 7.08 provides the conditions and restrictions under the permit. Section 7.33 states that no primate shall be permitted under this Part, except for purposes of therapeutic, emotional, or handicapped aid.
Material in Full:

CHAPTER 7. REGULATIONS FOR WILDLIFE IN CAPTIVITY 
 
PART I. GENERAL PROVISIONS

 7.00 Permit Required

 7.01 Unrestricted Species

 7.02 Application Procedures

 7.03 Technical Committee

 7.04 Pet shops

 7.05 Review of Permit

 7.06 Inspections

 7.07 Grounds for Permit Denial

 7.08 Conditions and Restrictions

 7.09 Penalty

PART II. WILDLIFE EXHIBIT PERMIT

 7.20 Issuance

 7.21 Public Health and Safety

 7.22 Record Keeping and Permit Renewal

PART III. PROPAGATION AND GENERAL POSSESSION

 7.30 Issuance

 7.31 Renewal

 7.32 Restrictions and Conditions

 7.33 Specific Animals and Birds

PART IV. WILDLIFE REHABILITATION PERMIT

 7.40 Issuance

PART V. WILDLIFE IMPORTATION PERMIT

 7.51 Issuance

PART VI. SCIENTIFIC COLLECTION PERMIT

 7.60 Issuance

 7.61 Application

 7.62 Restrictions and conditions

 

 


7.00 Permit Required

A permit is required to take alive, possess or import any native or exotic wildlife for the following purposes pursuant to Title 12 MRSA Section 12152: Wildlife Exhibit, including any commercial display of wildlife; General Wildlife Possession, including propagation or personal use of wildlife; Wildlife Rehabilitation. Wildlife Importation, pursuant to 12 MRSA Section 12155; and Scientific Collection pursuant to 12 MRSA Section 12704.

A person may not import a wolf hybrid into the State without first obtaining a Wildlife Importation Permit from the Department. A person may not keep a wolf hybrid in the State unless that person holds a Wildlife Possession Permit issued by the Department under Title 12 Section 12152, or the animal is licensed according to Title 7, Section 3921-B §2.

Wolf Hybrid is defined as a mammal that is the off spring of a species of wild canid or wild canid hybrid. “Wolf hybrid” includes a mammal that is represented by its owner or keeper to be a cross between a domestic dog (Canis familiaris) and a wild canid or wild canid hybrid, and includes without limitation, any mammal that is represented by its owner or keeper to be a wolf hybrid, coyote hybrid, coy dog or any other wild canid hybrid.

09-137 CMR Ch. 7, Pt. I, § 7.00, ME ADC 09-137 Ch. 7, Pt. I, § 7.00

 

7.01 Unrestricted Species

Any wildlife species designated by the Commissioner as “unrestricted” (Section 7235-C, subsection 1, paragraph B) shall not be subject to a possession permit under Section 7235-C. Unrestricted species shall 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.

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

 

7.02 Application Procedures

Requests for Wildlife Possession and Importation permits shall be made on application forms provided by the Department. The facilities where the wildlife will be kept shall be subject to a site inspection and approval by the Department before a permit may be issued.

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

 

7.03 Technical Committee

The Commissioner shall appoint a Technical Consulting Committee to provide advice regarding proposed wildlife possession and importation permits. The Committee shall include a representative from the Department's Bureau of Resource Management, the State Animal Welfare Board, State Veterinarian, a current wildlife possession permit holder; and 3 individuals having training or experience in wildlife conservation, vertebrate zoology, veterinary medicine, herpetology, or the husbandry of captive wildlife. The Commissioner will ordinarily consult with the Technical Committee prior to issuing a permit to obtain pertinent information and advice regarding the proposed possession or importation of wildlife.

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

 

7.04 Pet shops

No wildlife held by permit under this section may be housed in, displayed, sold or traded by a pet shop licensed or required to be licensed by the Maine Department of Agriculture.

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

 


7.05 Review of Permit

An applicant or permittee under this section who wishes to contest a permit condition may make a request in writing to the Commissioner, who may hear information and 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, and take action accordingly.

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

 


7.06 Inspections

Inspections of wildlife facilities and required records by authorized Department personnel and animal welfare agents may be made at all reasonable times. Findings of inspections may be provided in writing to the permittee upon request.

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

 


7.07 Grounds for Permit Denial

The Commissioner may deny a permit when:

1. The applicant has failed to demonstrate that the purpose or methodology for the possession is legitimate under Maine statute and rules.

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

3. The possession or activities requested potentially and unreasonably threaten a wildlife population or the public welfare.

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

 

7.08 Conditions and Restrictions

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 and to ensure the welfare of such wildlife. The Commissioner may seek the advise 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 permits issued for the possession of wildlife shall be made available for inspection by Department representatives and animal welfare agents.

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

5. Emergency Plan: A written Emergency Plan shall be submitted with the application for use in the event of occurrences such as: (1) severe damage to enclosures due to fire, wind, or floods; (2) animals attacking and /or injuring humans, other animals or property; and (3) the escape of any animal in captivity. The plan shall include an updated list of dangerous wildlife in captivity, the availability of capture equipment and weapons with specific instructions as to the precise circumstances under which dangerous wildlife are to be destroyed. Such plan shall be available and produced at the request of a law enforcement officer, firefighter, Department representative or Animal Control Officer. Local police or the local game warden shall be immediately notified of the escape of a dangerous animal.

6. Costs of recovery or handling. The permittee shall be responsible for all costs incurred by the State resulting from the escape or release of wildlife, or for the necessary confiscation of wildlife from the premises of the permittee, or as the result of the revocation of the possession permit. The Commissioner may require the posting of a bond or other financial security for this purpose.

7. Health and Comfort: (a) No animal shall 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. (b) All animals held in outdoor enclosures shall be provided with adequate shelter from inclement weather and direct sunlight. Each cage or enclosure shall have shelter sufficient to simultaneously protect all animals contained therein. (c) All animals shall be provided with quarters that maintain a temperature meeting the biological needs of the animal (d) Handling of animals shall be done as expeditiously and carefully as possible, in such a way as to avoid unnecessary discomfort, behavioral stress, or physical harm to the animal. All wildlife shall be provided with appropriate veterinary care to include care for injuries and for the control of contagious, parasitic, and nutritional diseases.

8. Sanitation: All cages and enclosures shall be kept in a sanitary condition. Regular cleaning schedules shall be maintained. Trash, spilled food and fecal materials shall be removed at least once each day and more often if necessary. Cages may not be stacked in such a way that excrement may enter lower enclosures.

9. Food and Water: a.) An adequate supply of potable water shall be available in cages and enclosures for drinking, washing or other purposes necessary to the species being contained. b.) Regular feeding schedules shall be maintained; the rations supplied shall be adequate, nutritious, and so far as possible consistent with the food which is ordinarily eaten by such animals in the wild. Food shall be sufficient to maintain proper strength and healthy appearance. c.) Areas used for the preparation and storage of food shall be sufficiently clean to prevent contamination by pathogens or harmful substances. Meat, fish and fresh fruits and vegetables to be fed to animals shall be properly refrigerated to prevent spoilage. d.) Food for animals shall be stored in such a way as to prevent damage of food from weather, rodents, insects and animals.

10. Cage Requirements

a. The following are minimum caging requirements for animals kept in captivity. Any permittee possessing or wishing to obtain an animal not included below shall contact the Commissioner of the Department who will determine an appropriate cage size and holding requirements. The permittee shall comply with all such requirements set by the Commissioner.

b. All cages or enclosures shall be constructed in compliance with this Chapter. New World Monkeys

1. Marmosets

a. Number or size - 1 adult pair.

b. Cage size - 3′ long x 2′ wide x 4′ high.

c. Accessories - 2 or more branch limbs for perching and a nest box.

2. Squirrel monkeys, titis, owls and other similar-sized monkeys

a. Number or size - 1 to 3 animals.

b. Cage size -4′ long x 5′ wide x 5′ high. For colonies of up to 15 monkeys, the cage shall be 12′ long x 8′ wide x 6′ high.

c. Accessories - 2 or more branch limbs for perching and a nest box.

3. Medium-sized South American monkeys (capuchins, sakis and other similar monkeys)

a. Number or size - 1 pair.

b. Cage size - 5′ long x 5′ wide x 6′ high. For groups of 4 or more, the cage shall be 10′ long x 5′ wide x 6′ high.

c. Accessories - 3 parallel bars for swinging.

4. Large South American monkeys (spiders, wooleys, howlers and other similar monkeys)

a. number or size - 1 pair.

b. Cage size - 6′ long x 6′ wide x 8′ high. For 2 pairs, the cage shall be 10′ long x 6′ wide x 8′ high.

c. Accessories - 3 parallel bars in upper part of cage for swinging plus 2 or more perching areas.

Old World Monkeys

1. Macaques, genunons, mangabys, langurs, and other similar monkeys

a. Number or size - 1 pair.

b. Cage size - 6′ long x 5′ wide x 6′ high. For groups of 4 or 6 animals, the cage shall be 12′ long x 8′ wide x 6′ high.

c. Accessories - 3 or more perches.

2. Baboons (mandrills, dog-faced, and other similar baboons)

a. Number or size - 1 pair.

b. Cage size - 10′ long x 6′ wide x 6′ high. For groups of 3 to 6 animals, the cage shall be extended 3′ in length for each additional animal.

c. Accessories - 2 shelves 10″ to 12″ wide are necessary for sleeping and resting.

Apes

1. Gibbons

a. Number or size - 1 pair plus 1 or 2 offspring.

b. Cage size - 12′ long x 6′ wide x 8′ high.

c. Accessories - 3 parallel bars at least 4′ apart must be provided in the top 1/3 of cage along the length of enclosure for swinging.

2. Chimpanzees and orang-utans

a. Number or size - Young, single animals (20 to 50 pounds).

b. Cage size - 8′ long x 6′ wide x 6′ high. For adults, 50 pounds or over, the cages shall be 10′ long x 6′ wide x 8′ high. For 2 or 3 adults, double the floor area.

3. Gorillas

a. Number or size - Single animal.

b. Cage size - 14′ long x 12′ wide x 8′ high. For 2 animals, double the floor area.

Carnivores and certain omnivores with similar requirements

1. African lions and Asian tigers

a. Number or size - Single animal.

b. Cage size - 15′ long x 10′ wide x 6′ high. For a pair, the cage shall be 20′ long x 10′ wide x 6′ high.

c. Accessories - At least 2 claw logs, 1 shelf 30″ wide, 10′ long and 36″ off the floor level.

2. Jaguars, leopards, pumas

a. Number or size - Single animal.

b. Cage size - 10′ long x 8′ wide x 6′ high. For a pair, the cage shall be 15′ long x 8′ wide x 6′ high.

c. Accessories - at least 2 claw logs and 1 shelf 24″ wide, 8′ long and 36″ high off the floor level.

3. Lesser cats (bobcats, lynx, ocelots, margay, and other similar cats)

a. Number or size - Single animal.

b. Cage size - 8′ long x 4′ wide x 6′ high. For a pair, the cage shall be 10′ long x 4′ wide x 6′ high.

c. Accessories - At least 2 claw logs and 1 shelf 14″ wide, 4′ long and 36″ high off the floor level. A den or retreat is also required.

4. Geoffroy's cats, leopard cats and other wild cats which average 5 pounds adult weight

a. Number or size - Single animal.

b. Cage size - 4′ long x 4′ wide x 6′ high.

c. Accessories - At least 2 claw logs and 1 shelf or perch 3′ high x 3′ long x 6″ wide.

5. Cheetahs

a. Number or size - Up to 3 animals.

b. Cage size - 40′ long x 20′ wide x 6′ high.

c. Accessories - A shelf 30″ wide x 6′ long x 36″ high off the floor level is required for a single animal. For 1 pair, lengthen shelf to 10′.

6. Bears, 6‘ or more from rump to snout

a. Number or size - Single animal.

b. Cage size 25′ long x 12′ wide x 12′ high. For a pair, the cage shall be 30′ long x 15′ wide x 12′ high.

c. Accessories - a pool 6′ wide x 10′ long x 4′ deep is mandatory for polar bears. Either this large pool or in its stead a fresh water drinking pool 2′ wide x 2′ long x 18″ deep with facilities for spraying or wetting the animals during hot weather periods is required for all other bears of this size class.

7. Bears up to 6′ from rump to snout

a. Number or size - Single animal.

b. Cage size - 20′ long x 10′ wide x 7′ high. For a pair, 30′ long x 10′ wide x 7′ high.

c. Accessories - A fresh water drinking pool 2′ wide x 2′ long by 18″ deep with facilities for spraying or wetting the animals during periods of hot weather is required.

8. Sun bears

a. Number or size - Single animal.

b. Cage size - 12′ long x 8′ wide x 6′ high. For a pair, the cage shall be 15′ long x 8′ wide x 6′ high.

c. Accessories - A fresh water drinking pool 2′ wide x 2′ long by 18″ deep with facilities for spraying or wetting the animals during periods of hot weather is required.

9. Raccoons, coati-mundi, sloth, tayra and others of similar size and habits, including North and South American porcupines and hyraxes

a. Number or size - Single animal.

b. Cage size - 6′ long x 5′ wide x 6′ high. For 2 or 3 animals, cages shall be 8′ long x 5′ wide x 6′ high. Add 2′ in length for each additional animal over 3 animals.

c. Accessories - 1 shelf per animal plus at least 2 limbs for climbing area also required. Sloths require upright tree trunk with lateral branches of adequate size and strength to comfortably support the animal in normal posterial modes.

10. Kinkajous, oppossums, pottos, grissons, gallagos, tamanduas, slow loris, genets, and other small climbing animals

a. Number or size - Single animal.

b. Cage size - 4′ long x 4′ wide x 6′ high. For a pair, cages shall be 6′ long x 4′ wide x 6′ high. For additional animals, add 1′ more of length per animal.

c. Accessories - At least 3 limbs for climbing are required.

11. Squirrels, tree shrews, and others of similar size and habits

a. Number or size - 1 to 2 animals.

b. Cage size - 3′ long x 2′ wide x 4′ high. Add 6″ more in length for each additional animal.

c. Accessories - At least 3 limbs and a nest box are required.

12. Agouti, pacas, wild rabbits, acushi, skunks and other rabbit-sized ground animals

a. Number or size - Single animal.

b. Cage size - 6′ long x 3′ wide x 3′ high. For a pair or more, add 1′ in length for each additional animal.

c. Accessories - 2 or more gnawing logs are required.

13. Badger, large-crested porcupine and similar-sized ground animals

a. Number or size - Single animal.

b. Cage size - 8′ long x 6′ wide x 4′ high. Add 3′ in length for each additional animal.

c. Accessories - 2 or more gnawing logs are required.

14. Beavers, muskrats and other semi-aquatic small animals

a. Number or size - 1 to 3 animals.

b. Cage size - 8′ long x 4′ wide x 5′ high. Add 2′ in length for each additional animal.

c. Accessories - A pool which measures 4′ wide x 4′ long x 24″ deep, 2 or more gnawing logs, and a nest box or retreat are required.

15. Otter

a. Number or size - 1 pair.

b. Cage size - 10′ long x 6′ wide x 6′ high.

c. Accessories - A pool 4′ wide x 6′ long x 3′ deep at one end. Increase cage and pool by 25% in horizontal dimensions for each additional animal. A slide and a dry place for a sleeping retreat are required.

16. Pygmy hippopotamus, tapirs, capybaras, giant anteaters, and others of similar size

a. Number or size - Single adult animal.

b. Cage size - 14′ long x 15′ wide.

c. Accessories - A stepped or non-skid pool 6′ wide x 8′ long x 4′ deep (not necessary for anteaters) is required. Increase the horizontal dimension in cage and pool size by 30% for each additional animal.

17. Foxes, jackals, and others of similar size and habits

a. Number or size - 1 pair.

b. Cage size - 8′ long x 4′ wide x 6′ high.

c. Accessories - 1 shelf 18″ wide x 3′ high x 4′ long is required. A den or nest box area is also required.

18. Wolves, hyenas

a. Number or size - Single animal.

b. Cage size - 1 animal, 15′ long x 8′ wide x 6′ high; 2 animals, 15′ long x 10′ wide x 6′ high; for each additional animal, add 5′ to cage length.

c. Accessories - A secluded den area 4′ wide x 4′ high is required for a single animal; add 3′ in length for each additional animal.

19. Coyotes, cape hunting dog, dingos, wolverines, and others of similar size and habits

a. Number or size - Single animal.

b. Cage size - 10′ long x 8′ wide x 6′ high. For a pair, double the cage length. For each additional animal after 2, add 10′ in length to the cage.

c. Accessories - a secluded den area that is 4′ wide x 4′ high for single animal is required; add 3′ in length for each additional animal.

20. Weasels, martens, polecats, ferrets

a. Number or size - 1 pair.

b. Cage size - 6′ long x 3′ wide x 3′ high.

c. Accessories - a den is required.

21. Wolf Hybrids

a. Number or size - Single animal

b. Cage size - 1 animal, 15′ long x 8′ wide x 6′ high: 2 animals, 15′ long x 10′ wide x 6′ high: for each additional animal, add 5′ to cage length. Cage must have a top and a solid floor or if uncovered shall have vertical jump walls at least 8 feet high, with a 45 degree inward angle overhang 2 feet wide or, jump walls 10 feet high without an overhang. Cages must be of sufficient construction to prevent the animals in the facility from going through it or under it and escaping.

c. Accessories - A secluded den 4′ long x 4′ wide x 4′ high is required for a single animal; add 3′ in length for each additional animal.

d. Cages or pens holding wolf hybrids must be placed in a location that prevents unauthorized humans or other animals from having contact with the animals within it.

e. A wolf hybrid that is taken off the premises of the permittee shall be on a leash or in an appropriate cage and under the permittee's or their agent's direct control so they maintain reasonable control of the conduct of the animal. Wolf hybrids that are kept as family pets may be housed within the family residence.

Marsupials and others

1. Kangaroos (large wallaby, walleroo, and other kangaroos of similar size)

a. Number or size - Single animal.

b. Cage size - 20′ long x 12′ wide x 8′ high. For each additional animal, add 25% surface area to cage.

c. Accessories - a refuge area and shade are required. The ideal situation is an open paddock. If surface is of an artificial material, it shall be a non-skid surface.

2. Small wallaby

a. Number or size - 1 to 2 animals.

b. Cage size - 12′ long x 4′ wide x 6′ high. Each additional animal requires a 25% increase in surface area.

c. Accessories - Refuge area and shade are required. If surface is of an artificial material, it shall be a non-skid surface.

3. Hedgehogs

a. Number or size - 1 to 2 animals.

b. Cage size - 4′ long x 4′ wide x 2′ high.

c. Accessories - Cage should be constructed with a dirt floor over a wire bottom.

4. Armadillos

a. Number or size - Single animal.

b. Cage size - a 6′ circular cage (if not circular, must have same area with rounded corners) having a minimum radius of 2′ in diameter for each additional animal.

c. Accessories - The cage must be constructed with a dirt floor over a wire bottom.

Odd- and even-toed animals, ostriches and other large running birds

1. Large-sized (zebras, elk, giraffes, asses, wildebeests, camels, elands, buffaloes, bison, and others of similar size and habits

a. Number or size - Single animal.

b. Cage size - 1,000 sq. ft. paddock or corral. Each additional animal requires 25% more area.

c. Accessories - Barn or shaded or protected area attached to or adjoining the paddock or corral.

2. Medium-sized (ostriches, white-tailed deer, fallow deer, llamas, aoudads, wild goats and sheep-type animals, emus, cassowaries, and rheas)

a. Number or size - Single animal.

b. Cage size - 500 sq. ft. paddock or corral. Increase horizontal dimensions by 25% for each additional animal.

c. Accessories - A shelter is required.

3. Small-sized (dikdiks, small gazelles, peccary)

a. Number or size - Single animal.

b. Cage size - 300 sq. ft. paddock or corral. Increase horizontal dimension by 25% for each additional animal.

c. Accessories - A shelter is required.

4. Rhinoceros

a. Number or size - Single animal.

b. Cage size - 1,500 sq. ft. paddock or corral is required. Each additional animal requires 50% increase in horizontal dimensions.

c. Accessories - A heated barn or shelter and shade are required.

5. Elephants

a. Number or size - Single animal.

b. Cage size - 1,500 sq. ft. paddock or corral. Whether chained or unchained, each animal must be able to utilize the entire 1,500 sq. ft. area. Each additional animal requires a 50% increase in horizontal dimensions.

c. Accessories - a heated barn or shelter and shade are required.

6. Hippopotamus, Nile

a. Number or size - Single animal.

b. Cage size - 600 sq. ft. plus 300 sq. ft. pool.

c. Accessories - 300 sq. ft. non-skid ramped pool with a 5′ depth. Each additional animal requires a 25% increase in pool and land area.

Reptiles

1. Snakes

a. Number or size - 1 to 4 specimens.

b. Cage size - The perimeter of the enclosure shall be at least 1.5 times the length of the longest snake in the enclosure. The cage shall be high enough to incorporate an irregular limb the approximate diameter of the snake; or a ledge for resting. Cages for large arboreal snakes shall be at least 5′ high for snakes 10′ or more in length.

c. Accessories - Enclosures must have shaded area; for the large snakes, heavy plate or laminated glass fronts. A large rock for shedding purposes shall be provided. A shallow pool of sufficient size in which the snake can submerge 95% of its body shall also be provided for all snakes.

2. Lizards (anoles, fence lizards and skinks and other lizards 2″ to 6″)

a. Number or size - 1 pair.

b. Cage size - 12″ long x 8″ wide x 10″ high. For each additional pair, add 2″ to length and width.

c. Accessories - Branches for climbing and drinking (lapping) water, access to sunlight or ultraviolet light (vitamin D) and shade.

3. Lizards 7″ to 12″ in length

a. Number or size - 1 pair.

b. Cage size - 20″ long x 10″ wide x 15″ high. For each additional pair, add 4″ to the length and width.

c. Accessories - The same as required for 2″ to 6″ lizards.

4. Lizards 1 1/2′ x 2′ in length

a. Number or size. - 1 pair.

b. Cage size - 30″ long x 15″ wide x 12″ high. For each additional pair, add 6″ to length and width.

c. Accessories - Same as required for 2″ to 6″ lizards.

5. Lizards 2 1/2′ to 4′ in length

a. Number or size - 1 pair.

b. Cage size - 36″ long x 15″ wide x 18″ high. For each additional pair, add 10″ in length and width.

c. Accessories - Same as required for 2″ to 6″ lizards.

6. Lizards 5′ to 6′ in length

a. Number or size - 1 pair.

b. Cage size - 6′ long x 3′ wide x 4′ high. For each additional pair, add 1′ in length and width.

c. Accessories - Same as required for 2″ to 6″ lizards.

7. Gila monster and beaded lizards

a. Number or size - Single animal.

b. Cage size - 24″ long x 18″ wide x 15″ high with round instead of squared corners at vertical side joints. For each additional lizard, add 4″ to the length and width of cage.

c. Accessories - 2 or more rocks for climbing should be substituted for limbs. Other requirements: access to sunlight or ultraviolet light and shade.

8. Turtles and terrapins

a. Number or size - 1 to 2 animals.

b. Cage size - Require land and water area 10 times their body size. Add 5 times body size for each additional animal. Water area shall be at least 50% of the total area and permit complete immersion by the largest animal.

c. Accessories - Both sun and shade areas are required. Softshelled turtles shall have a soft-bottomed pool.

9. Tortoises

a. Number or size - 1 to 2 animals.

b. Cage size - Required land area 10 times their body size. Add 7 times body size for each additional animal.

c. Accessories - Shaded area and a sloped pool with running water at least 25% as deep as the tortoise is high and approximately 2 times the area covered by the body of the largest tortoise.

10. Alligators and crocodiles

a. Number or size - Single animal.

b. Cage size - Each single animal must be able to submerge itself in water and turn around; each animal must have room to move and turn around on land. For large-number displays of alligators and crocodiles, the combined area covered by all animals′ bodies shall be not greater than 50% of the total land or total water area provided.

Birds

1. General requirements - Enclosures for flying birds shall either be small enough to inhibit flying altogether, or large enough to permit aerial maneuvering within the enclosure. Any enclosure not sufficiently large may result in injuries from birds flying into the sides of the enclosures.

2. Parrot-type (macaws, large cockatoos)

a. Number or size - Single bird.

b. Cage size - adequate room for turning and sitting on a perch without touching its tail against sides or bottom of cage is required.

c. Accessories - Suitable perch that is large enough so that the claws do not meet on the underside.

3. Medium-sized parrots (small cockatoos, yellow-heads, grays, Amazons)

a. Number or size - Up to 2 specimens.

b. Cage size - 18″ long x 18″ wide x 24″ high.

c. Accessories - 1 suitable perch per bird; diameter of perch must be large enough so that claws do not meet on the underside.

4. Small parrots (lovebirds, parakeets, and similar parrots)

a. Number or size - 1 or 2 birds.

b. Cage size - 12″ long x 24″ wide x 10″ high. Community cages must provide flight space.

c. Accessories - 1 or more suitable perches (diameter must be large enough so that claws do not meet on underside).

5. Waterfowl

a. Number or size - Not more than 2 pairs of adults or 1 pair and offspring of the year.

b. Cage size - 100 sq. ft. of area with adequate water to meet the biological needs of the species.

6. Eagles, hawks, owls, vultures, toucans and toucanets

a. Number or size - Single bird.

b. Cage size - Cage must be wide enough for the bird to spread its wings and fly-hop from floor to perch. Width shall be 2 times greater than wingspread. Perch to ground shall be twice as long as its body. Length of cage shall be 5 times the body length. Increase cage size by 50% in length and 25% in width for each additional bird.

c. Accessories - At least 1 suitable perch per bird (the diameter of the perch shall be large enough so that talons do not meet on the underside). For large birds of prey, a stump high enough that when a bird is perched, the tail feathers are 6″ off the floor. Roof of cage shall be of sufficient height to permit the bird to rest erect on any of the perches.

7. Wild turkeys, peafowl and curassows

a. Number or size - 1 to 3 birds.

b. Cage size - 144 sq. ft. of horizontal space. Male peafowl must have adequate turning room for its tail. Enclosures shall be at least 6′ high.

c. Accessories - Must have at least 1 roost perch approximately 4′ from floor.

8. Lesser game birds, pheasants, and others of similar size

a. Number or size - 1 to 5 birds.

b. Cage size - 100 sq. ft. of horizontal space. Enclosure shall be at least 6‘ high. Each additional bird requires an additional 20 sq. ft.

c. Accessories - Must have at least 1 roost perch approximately 30″ from the floor.

9. Community groups of finches and seedeaters

a. Number or size - Community group of 25 or less.

b. Cage size - 4′ wide x 8′ long x 8′ high.

10. Medium-size flight birds (jays, starlings, doves, pigeons, and others of similar size)

a. Number or size - 1 to 2 birds.

b. Cage size - 3′ long x 2′ wide x 5′ high. For a community group the cage must be large enough to allow flying and be at least 8′ in diameter. These birds may be kept in a parrot-style cage.

11. Wading birds (flamingos, ibises, spoonbills, herons, egrets, and others of similar size and habits

a. Number or size - 1 to 5 birds.

b. Cage size - 144 sq. ft. of horizontal space. Birds in open, fenced areas shall be pinioned.

c. Accessories - Shallow pools for wading plus dry land areas.

12. Storks and cranes

a. Number or size - 1 pair.

b. Cage size - 144 sq. ft. of horizontal space.

13. Pelicans, cormorants and swans

a. Number or size - 2 birds.

b. Cage size - 144 sq. ft. of horizontal space. 50% of area shall be water at least 18″ deep. Add 25% more area in land and pool for each additional bird.

14. Penguins

a. Number or size - 1 pair.

b. Cage size - 100 sq. ft. of horizontal space of which 50% is water at least 36″ deep. Add 10% area in water and land for each additional bird.

c. Accessories - Water must be cooled to 55 degrees Fahrenheit and be flowing. Chilled waters shall not be required for Humboldt′s penguins.

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

 

7.09 Penalty

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

1. Upon conviction of a violation relating to this Chapter, punishment as provided by Title 12 MRSA Section 7901-A.

2. Suspension or revocation of the permit pursuant to 12 MRSA Section 7077.

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

 

7.20 Issuance

The commissioner may issue a permit to a person or institution, pursuant to Title 12 MRSA Section 12152, for the purpose of keeping wildlife (except wolf hybrids) in captivity for commercial exhibition, attracting trade, or for educational purposes, when the following terms are met:

1. All applicable requirements as listed in Part I must be met as a condition of holding wild animals for exhibition.

2. Site Inspection: A site inspection by a Department or Animal Welfare representative must be performed before a permit may be issued to ensure compliance with these rules and all permit conditions.

3. Personnel: Assurance must be provided that a sufficient number of adequately trained employees will be utilized to comply with these rules. Such personnel shall work under a supervisor who has a proven record of animal care.

09-137 CMR Ch. 7, Pt. II, § 7.20, ME ADC 09-137 Ch. 7, Pt. II, § 7.20

 


7.21 Public Health and Safety

1. Safety measures shall be undertaken to adequately prevent wildlife from causing injury by touching, grasping or biting visitors. For any potentially dangerous wildlife, barriers such as walls, fences, moats, retaining rails or other necessary devices shall be present to prevent the public from approaching the cages, pens, enclosures or areas near enough to inadvertently make contact with the wildlife.

2. Signs shall be conspicuously posted on cages or enclosures, requesting that the public refrain from annoying animals.

3. Feeding of animals by the public is prohibited unless the food meets the standards set forth in these rules.

09-137 CMR Ch. 7, Pt. II, § 7.21, ME ADC 09-137 Ch. 7, Pt. II, § 7.21

 


7.22 Record Keeping and Permit Renewal

1. Licensed wildlife exhibitors must keep a log book and inventory of wildlife and a record showing births, deaths, transfers and medical treatments. Records must be shown to inspecting officers when requested. For off-site education exhibits, a record must be kept of the individuals or groups for which exhibits have been held.

2. Identifying Name Labels - Each enclosure or cage shall be labeled with the proper common name in English, and the Latin scientific name of the animals or birds, for the information of the public and/or Department.

09-137 CMR Ch. 7, Pt. II, § 7.22, ME ADC 09-137 Ch. 7, Pt. II, § 7.22 

 

7.30 Issuance

The commissioner may issue a permit to a person or institution, pursuant to Title 12 Section 12152, to possess a wildlife for the following purposes:

1. Wildlife Propagation: The holding of wild animals (except wolf hybrids) or wild birds for the purpose of propagating, breeding and/or rearing for consumption, sale or release.

2. General wildlife possession: The possession of wildlife for serious professional or avocational husbandry; or for the legitimate therapy or aid for people with disabilities.

09-137 CMR Ch. 7, Pt. III, § 7.30, ME ADC 09-137 Ch. 7, Pt. III, § 7.30

 


7.31 Renewal

The permit is valid for 2 calendar years.

09-137 CMR Ch. 7, Pt. III, § 7.31, ME ADC 09-137 Ch. 7, Pt. III, § 7.31

 

7.32 Restrictions and Conditions

The following conditions shall apply to all permits issued under this Part.

1. All applicable requirements as listed in Part I must be met.

2. Pursuant to Title 12 MRSA §7235-C, the following species may not be possessed: bear, deer, moose, wild turkey, hybrid wild turkey, or wild turkey-domestic turkey cross.

3. No species may be allowed to roam freely outside a containment area, or taken off the premises of the permittee, or taken into a public area, except to be released for stocking purposes, transfer or sale, or for noncommercial show purposes, veterinary care, or as may be otherwise approved by the commissioner. Wildlife must be controlled at such times by a leash, or contained in an appropriate cage.

4. 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 section.

5. Housing: All wildlife shall be confined at all times in stalls, rooms, or outside enclosures of such strength and type of construction that it is impossible for the animals to escape.

6. (Not in use)

7. Special Needs: The permittee shall ensure that the comfort and unique needs of non-indigenous (exotic) species are met, as may be described in published references, or as recommended by recognized experts on that species, or as directed by the commissioner as a condition of the permit.

8. Hybrid and/or Domesticated Wildlife: This Part shall apply to any wildlife that has been hybridized, genetically altered, or reared in captivity, except any domestically raised, hybridized or genetically altered wild animals specifically held for agricultural production pursuant to Title 7 MRSA Section 1331 shall be exempt.

09-137 CMR Ch. 7, Pt. III, § 7.32, ME ADC 09-137 Ch. 7, Pt. III, § 7.32 

 

7.33 Specific Animals and Birds

1. Primates: No primate shall be permitted under this Part, except for purposes of therapeutic, emotional, or handicapped aid.

a. The applicant/permittee must demonstrate a legitimate need for physical or emotional aid from a primate, and the animal in question must be 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 must be 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 must be 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.

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

a. The wolf hybrid has been permanently identified in accordance with Title 7 Section 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 Hvbrid at large

a. Owner of wolf hybrid located. If a wolf hybrid at large is licensed under Title 7 Section 3922, §3-B or Title 12 Section 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 Title 7, Section 3911-B.

b. Unable to locate owner. Should the owner of record not be able to 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 they are able to show the animal is/will be properly licensed under Title 7 or Title 12. 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 Title 12, Section 12152 and authorized to accept wolf hybrids in compliance with rules adopted under Title 12, Section 12160, §2 or,

2.After keeping the wolf hybrid for 8 days, euthanize the wolf hybrid humanely in accordance with Title 17, Chapter 42, subchapter 4.

09-137 CMR Ch. 7, Pt. III, § 7.33, ME ADC 09-137 Ch. 7, Pt. III, § 7.33 

 

7.40 Issuance

Pursuant to Title 12 MRSA §7235-C, a wildlife rehabilitation permit may be issued to possess debilitated or orphaned wild animals and wild birds for the purpose of restoring them to full health and release to the wild, or to be humanely euthanized.

1. Examination: Applicants for a rehabilitation permit 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.

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

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

4. Dependency: Every measure shall be taken to prevent wildlife dependency on humans.

5. Disposition of all Wild Animals or Birds 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.

09-137 CMR Ch. 7, Pt. IV, § 7.40, ME ADC 09-137 Ch. 7, Pt. IV, § 7.40

 

7.51 Issuance

No species of wildlife, except those listed by the Commissioner as unrestricted, 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 bringing or causing to be brought into Maine any regulated wildlife by any means including the subsequent possession of other vertebrates not subject to wildlife definition pursuant to Title 12 MRSA Subchapter VII Section 7001.

1. Exceptions. A wildlife importation permit shall not be required for wildlife that is in continuous transit through Maine.

2. Criteria for Permit Approval. In determining if the importation of a species shall be permitted, and what permit conditions should apply, the Commissioner will consider the following factors:

a. Whether the geographical distribution and life requisites of the species increase the likelihood of the species surviving in Maine if accidentally or intentionally introduced into the wild.

b. Whether there is a history of adverse environmental impacts of the species in other locations.

c. Whether it is possible that the species may harbor or disseminate an agent harmful to humans, domestic livestock, poultry, native wildlife, or other animals.

d. Whether the species is capable of inflicting serious bodily harm to humans.

e. Whether the applicant has met the provisions of section 7.07 (1).

f. Whether the applicant has furnished 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 or 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 shall include: common and scientific name(s) of species; number to be imported; name and address of consignor and consignee; origin or shipment; destination of shipment; appropriate descriptions of animals by criteria such as sex, age, weight, coloration, tag numbers, brand, etc. The health certificate should be signed by the issuing veterinarian and the owner or owner's representative from the point of origin. The Department of Agriculture and the Department of Human Services shall have 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.

09-137 CMR Ch. 7, Pt. V, § 7.51, ME ADC 09-137 Ch. 7, Pt. V, § 7.51 

 

7.60 Issuance

The commissioner may issue a permit, pursuant to Section 7242, to hunt, trap, possess, band and transport wild animals and certain wild birds for:

1. Scientific research or wildlife management use approved by the Department.

2. Salvage for scientific or educational purposes of wildlife that is found dead.

09-137 CMR Ch. 7, Pt. VI, § 7.60, ME ADC 09-137 Ch. 7, Pt. VI, § 7.60

 

7.61 Application

1. Applications must include a full description of the purpose for which the permit will be used and documentation of institutional support.

2. All applications shall be reviewed by a scientific and/or educational specialist selected by the commissioner.

09-137 CMR Ch. 7, Pt. VI, § 7.61, ME ADC 09-137 Ch. 7, Pt. VI, § 7.61
 


7.62 Restrictions and conditions

1. In addition to those listed herein, all applicable requirements as listed in Part I shall be met.

2. Other restrictions or conditions may be specified by the Commissioner to ensure appropriate use of the permit for scientific, education or salvage purposes.

3. If applicable, proof must be furnished of a valid federal scientific collection or special purpose permit.

09-137 CMR Ch. 7, Pt. VI, § 7.62, ME ADC 09-137 Ch. 7, Pt. VI, § 7.62

 

  



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