Current through 2024-38, September 18, 2024
1.
Age of Applicants: Applicants must be 18 years of age or
older.
2.
Application
Process
A. Applications for permits to
import, possess, propagate, rehabilitate, or exhibit a Restricted Species shall
be made on application forms provided by the department.
B. The department will review the application
and respond to the applicant with its decision or to request additional
information. Decisions will usually be provided within 45 days of the
submission of the application.
C.
The department will conduct a preliminary review of the application to
determine if the applicant meets the basic criteria for the issuance of the
permit requested.
D. A site
inspection of the facility where the wildlife will be kept may be required
before a permit is issued (see section 7.09).
E. The department may issue a conditional
approval that requires the applicant to meet additional criteria before a final
permit is issued.
F. When a species
is intended to be used for the production of agricultural products defined in 7
M.R.S., but is ordinarily considered wildlife pursuant to 12 M.R.S., the
permitting authority for that species resides with DIFW and that species is
subject to the classifications described in this Chapter 7: Rules for
Importation, Possession, Propagation, Rehabilitation, and Exhibition of
Wildlife. Any wildlife species proposed for use in agricultural
production which has not been identified as a Prohibited, Restricted, or
Unrestricted species may be reviewed upon request for classification by consult
between DACF and DIFW. The resulting classification of a wildlife species may
be referred to the Technical Committee for review pending mutual agreement of
the agents of the commissioners for both DACF and DIFW. Agritourism as it
relates to the exhibition of exotic wildlife will continue to be regulated by
the Department pursuant to
12 M.R.S.
§12152 and this rule
chapter.
3.
Permit
Denial: The commissioner may deny a permit request when:
A. The applicant has failed to demonstrate
that the purpose for which the permit is sought is legitimate under the law, or
has failed to demonstrate that legitimate and appropriate methods for the
keeping and care of the species would be utilized.
B. The applicant does not have appropriate
facilities or has failed to satisfactorily demonstrate the capability and
qualifications to perform the functions required.
C. The applicant has not met the conditions
and requirements for issuance established in this Chapter.
D. The applicant has failed to disclose
information required or has made false statements as to any material fact in
connection with their application.
E. The applicant fails to comply with or
respond to a notice of corrective action within the required timeframe. The
notice of corrective action may apply to a condition that must be met in order
for a permit to be issued, or to a condition that must be satisfied in order
for a permit to be renewed.
F. The
applicant has been adjudicated of a civil violation, or convicted of any crime
relating to the activity for which the permit is sought.
G. The applicant, within the 10 years prior
to applying for the permit, has been convicted under a criminal law involving
cruelty to animals that is no longer in effect, or within 10 years prior to
applying for the permit, has been adjudicated of a civil violation for cruelty
to animals under 7 M.R.S. chapter 739 or has been convicted or adjudicated in
any other state, provincial or federal court of a violation similar to those
specified in this section.
4.
Notification: When the
Commissioner approves or denies a permit request, a written notification will
be sent to the applicant. The decision notice will state the reasons for the
denial.
5.
Appeal
Process: An applicant or permittee under this section who wishes to
contest a decision of the department may request an administrative hearing in
accordance with 5 M.R.S., chapter 375. The hearing request must be filed in
writing to the commissioner within 10 days of receipt of the decision. If a
hearing is held, the commissioner may 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 in making a decision.
6.
Transfer of Permits
Prohibited; Exception for Importation and Exhibition: Permits are
non-transferable; except any persons employed by or under contract to a
permitted importer or exhibitor may carry out the authorized activity. A copy
of the permit must be carried by the individual while conducting activities
under the permittee's supervision.
