09-137 C.M.R. ch. 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, research, 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 forpersonal, scientific or educational purposes as provided within 12 M.R.S. and department rule chapter 6; or

2. The personal possession of any reptile, amphibian or invertebrate that is native to Maine and captured in Maine and is not listed by the department as threatened or endangered or of special concern. Possession limits for each species are provided within 12 M.R.S. §12152.

3. 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

4. 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

5. The release of captive, raised, or imported wild animals or wild birds into the wild as provided within 12 M.R.S. §12156; 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. The importation or possession of dead wildlife or wildlife parts that are legally possessed; or

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

Notes

09-137 C.M.R. ch. 7, § 01