In accordance with the provisions of M.G.L. c. 131, § 77,
as amended by St. 1995, c. 290, rules and regulations regarding the possession,
sale, and use of ferrets are hereby established.
(1)
Definitions.
Director means the Director of the
Division of Fisheries and Wildlife, or his or her agents.
Educational Institution means a person
meeting those standards for educational use specified in
321
CMR 2.12(2) and
(10)(b).
Environmental Police Officer means the
Director of the Office of Law Enforcement, deputy directors of enforcement,
chiefs of enforcement, deputy chiefs of enforcement, environmental police
officers, deputy environmental police officers, and such other enforcement
officers of the Office of Law Enforcement as may be appointed pursuant to
M.G.L. c. 21, §6.
Ferret means the ferret, fitch, or
fitchew (Mustelafuro or Mustela putorius
furo).
Person means any individual,
partnership, corporation, whether profit or non-profit, firm, business or other
commercial or non-commercial entity, club, organization, institution, or
association.
Pet Shop means a pet shop as defined
in M.G.L. c. 129, § 1.
Received Inoculations Against Canine Distemper and
Rabies means that the subject ferret shall have received a minimum
of the first shot in the inoculation series for those diseases and such others
as may be required by the Director, provided that the subject ferret shall
subsequently receive the remainder of the inoculation series, if any, and shall
periodically receive any required booster shots or reinoculations, if any, and
provided further that the burden of proof shall rest upon the owner thereof to
demonstrate that such requirements for periodic shots or inoculations have been
complied with. The earliest date at which said inoculations may begin shall be
determined by the schedule set forth on the manufacturer's label or
instructions for the particular vaccine being used, or equivalent standards set
by a competent veterinary authority.
Research Institution means a person
meeting those standards for scientific use specified in
321
CMR 2.12(2) and
(10)(a).
(2)
Possession and Sale of
Ferrets. Ferrets may be possessed as a household pet, for research
by a research institution, for educational purposes by an educational
institution, for breeding purposes by a licensed breeder, or sale by any such
person, when in accordance with provisions of M.G.L. c. 131, § 77, and 321
CMR
2.07.
(3)
Inoculations. Ferrets possessed as a household pet or
by an educational institution must have received inoculations against canine
distemper and rabies at time of purchase. Ferrets offered for wholesale or
retail sale by a licensed breeder or a pet shop must have received inoculations
against rabies and canine distemper prior to sale or offering for
sale.
(4)
Neutering and
spaying. No person, except a research institution, or a licensed
breeder as provided in 321 CMR
2.07(5), shall possess, sell, or offer for sale
a ferret which has not been surgically neutered or spayed and rendered
incapable of breeding.
(5)
Breeding of ferrets. No person, except a research
institution, shall breed a ferret or possess a ferret for breeding purposes
without obtaining a license so to do from the Director. Persons so licensed
shall be allowed to offer for wholesale or retail sale ferrets which are the
offspring of animals propagated or maintained by said breeder, provided that
ferrets so offered for sale shall have received inoculations and have been
neutered or spayed as provided in 321 CMR
2.07(3) and (4). The offspring of
ferrets bred by a research institution shall not be sold or offered for
sale.
(6)
Breeding
facilities. Licensed breeders, as provided for in 321 CMR
2.07(5),
shall comply with the standards for licensing, facilities, inspections,
renewals, reports, and related provisions as provided for in
321
CMR
2.12(4) through (9), (15), (17), (18), and (21) through
(23).
(7)
Certificates to accompany
sale of ferrets. Any ferret sold or offered for sale by any person
must be accompanied by certificate(-s) from a licensed veterinarian, or in the
case of canine distemper by any other proper person, stating that the ferret
has received inoculations against rabies and canine distemper and, in addition,
has been neutered or spayed and rendered incapable of breeding, provided, that
ferrets which have not been rendered incapable of breeding may be sold by a
licensed breeder or research institution to another licensed breeder or
research institution. Each such certificate shall include the name, address,
telephone number, and veterinary license number of the veterinarian or other
person administering inoculations, or performing neutering or spaying, as the
case may be, and the date(-s) on which inoculations, neutering or spaying, took
place.
(8)
Record
keeping. Any person, except a research institution, possessing a
ferret shall possess and keep the two most recent certificate(-s) of
inoculations as provided for in 321 CMR
2.07(7). Any person, except a licensed
breeder or a research institution, possessing a ferret shall have in their
possession certificate(-s) of neutering or spaying as provided for in 321 CMR
2.07(7). Licensed breeders shall have in their possession the license issued by
the Director allowing them to breed and possess ferrets which have not been
neutered or spayed and rendered incapable of breeding. Any such records,
certificates or licenses shall be shown upon demand at reasonable hours to the
Director, an Environmental Police Officer, or other officer empowered to
enforce M.G.L. c. 131.
(9)
Prohibitions. It is unlawful for any person:
(a) to possess, sell or offer for sale a
ferret which has not been neutered or spayed, except by a licensed breeder or a
research institution;
(b) to
possess, except by a research institution, or, in the case of a licensed
breeder a ferret which has not attained the minimum age for inoculations, a
ferret which has not received inoculations against canine distemper and
rabies;
(c) to sell or offer for
sale a ferret which has not received inoculations against canine distemper and
rabies;
(d) to falsify any license
application or renewal or certificate; provide false documentation in support
of a license application or renewal or certificate; or fail to provide relevant
and material information regarding a license application or renewal or
certificate;
(e) who is a breeder
to keep and maintain ferrets in enclosures or under conditions which fail to
meet inspection standards or conditions set by the Director;
(f) to liberate or allow the escape of any
ferret to the wild;
(g) to hunt
for, catch, kill or cause to permit the hunting of any vertebrate animal with
or through the use of a ferret;
(h)
to have a ferret in one's possession or under one's control in any field,
forest, or woodland or other place where wild birds or mammals may be found;
and
(i) to fail to maintain records
or certificates of inoculations against rabies and canine distemper, and of
neutering and spaying, or to refuse to provide such records or certificates to
any Environmental Police Officer or the Director.
(10)
Forfeitures.
Any ferret which has not been neutered or spayed, except as provided in 321 CMR
2.07(4), or which has not received inoculations against rabies and canine
distemper, or which is used for hunting or to catch or kill any vertebrate
animal, or which is in a person's possession in any field, forest, or woodland
or other place where wild birds and mammals may be found, or which is escaped
or at large may be seized by any Environmental Police Officer and disposed of
to the best interest of the Commonwealth.
(11)
Disposal of Ferrets Causing
Injury. Any ferret which bites a person or an animal may be
quarantined by the Director as provided for in M.G.L. c. 131, § 25A, for
such period as he may deem appropriate, or, at his or her discretion, when in
his professional judgement such is necessary, may be seized by him or her or an
Environmental Police Officer and destroyed without liability for rabies testing
in accordance with standards set forth by the Centers for Disease Control or
similar competent authority.
(12)
Temporary Possession. Notwithstanding the foregoing,
ferrets imported into Massachusetts for a period not exceeding two weeks for
pet shows, exhibitions, or as a personal pet, shall be exempt from the
requirements requiring neutering and spaying as provided for in 321 CMR
2.07(4), provided that such ferrets shall not be bred nor offered for sale
while within Massachusetts.
