250 R.I. Code R. 250-RICR-40-05-3.8 - General Exemptions
A. General
Exemption for Pet Shops. Exemption from individual exotic animal possession
permits for Pet Shops. Pet shops that are properly licensed and in good
standing pursuant to R.I. Gen. Laws §
4-19-5 may be granted by the
Department a resale permit in lieu of an individual exotic animal possession
permit. The resale permit will allow possession of a reasonable number of a
particular species to be kept on the licensed premises for the purpose of
resale. Each species will require issuance of a resale permit for that species.
The application for a resale permit will be provided by the Department and the
fee will be five dollars ($5.00) per permit issued. Animals held by a pet shop
under a resale permit may only be sold to persons who can demonstrate lawful
possession of the particular species, including an exotic animal possession
permit if required.
B. General
Exemptions for AZA-Accredited and USDA Licensed Facilities. Nothing in this
Part shall prohibit zoos, aquariums, research facilities, managed propagation
facilities, or other animal care facilities that meet the exemption criteria
for such facilities listed in R.I. Gen. Laws §§
4-18-3 and
4-18-6 from importing or possessing
native and exotic wild animals without a permit. Such facilities shall comply
with all Department import/possession specifications identified within the
subject statues and this Part, including, but not limited to, reporting,
examination, and testing requirements.
C. General Exemptions for Nuisance Wildlife
Control Specialists. Nothing in this Part shall prohibit a person possessing a
valid license as a Nuisance Wildlife Control Specialist issued by the
Department from possession of native wildlife without a permit while in the
execution of their professional duties and in compliance with Rules and
Regulations Governing Nuisance Wildlife Control Specialists, Subchapter 00 Part
3 of this Chapter.
D. General
Exemption for Licensed Wildlife Rehabilitators. Nothing in this Part shall
prohibit a person possessing a valid license as a Wildlife Rehabilitator issued
by the Department from possession of native wildlife without a permit while in
the execution of their duties and in compliance with Rules and Regulations
Governing Wildlife Rehabilitation, Subchapter 00 Part 1 of this
Chapter.
E. General Exemption for
Authorized Agents of the Department in their Official Duties. Nothing in this
Part shall prohibit an agent of the Department's Division of Agriculture,
Division of Fish and Wildlife, or Division of Law Enforcement from possession
of exotic wildlife or native wildlife without a permit while in the execution
of his or her official duties.
F.
General Exemption for Agents of the Rhode Island Society for the Prevention of
Cruelty to Animals. Nothing in this Part shall prohibit an agent of the Rhode
Island Society for the Prevention of Cruelty to Animals from possession of
exotic wildlife or native wildlife without a permit while in the execution of
their law enforcement powers pursuant to R.I. Gen. Laws Chapter 4-1.
G. General Exemption for Possession of
Insects. Nothing in this Part shall prohibit any person from possession of
exotic animals or native animals of the class Insecta unless the animals of
that class appear on the list of prohibited insects as is published by the USDA
at the following URL
http://www.invasivespeciesinfo.gov/animals/main.shtml
under the heading of "Invasive Species." Possession of any animal on this list
requires an exotic animal possession permit.
H. General Exemptions for Some Species of
Exotic Wild Animals. Nothing in this Part shall prohibit any person from
possession of exempt exotic animals as defined herein. The list of exempt
exotic animals will appear on a list published by the Department as §
3.17 of this Part.
I. General Exemption for Game Bird
Propagation. Nothing in this Part shall prohibit any person from possession of
native wild animals as defined herein for the purpose of propagation of game
birds pursuant to R.I. Gen. Laws Chapter 20-17.
J. General Exemption for Licensed Falconers.
Nothing in this Part shall prohibit a person possessing a valid license as a
Falconer issued by the Department from possession of native wildlife without a
permit while in the execution of the privileges associated with their Falconry
license provided they are in compliance with the current Rhode Island Falconry
Regulations, Subchapter 00 Part 7 of this Chapter.
K. General Exemption for Travelers. Nothing
in this Part shall prohibit any person from possession of a native or exotic
wild animal, as defined herein, from traveling through the State, provided they
are duly authorized to possess the animals in question under a valid Federal or
State license, and that the animals are properly confined, and that they do not
exhibit, offer for sale, barter, release, or otherwise transfer possession of
animals to another while in Rhode Island, or stay overnight in the State while
in possession of native or exotic wild animals, unless duly authorized to do so
by the Department.
Notes
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