Code of Maine Rules
09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE
137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL
Chapter 7 - RULES FOR IMPORTATION, POSSESSION, PROPAGATION, REHABILITATION, AND EXHIBITION OF WILDLIFE
Section 137-7-11 - Conditions and Requirements for Each Type of Wildlife in Captivity Permit

Universal Citation: 09 ME Code Rules § 137-7-11

Current through 2024-38, September 18, 2024

1. Wildlife Importation Permit: The duration and fees associated with the permit are set forth within 12 M.R.S. 12152. In addition to the requirements described in 7.10, the following conditions and requirements apply:

A. Permit Not Required: A wildlife importation permit shall not be required for wildlife that is in continuous transit through Maine, so long as the wildlife is fully contained and transported in a manner that does not allow it to come into contact with humans, livestock, poultry, or native wildlife.

B. Eligible Wildlife: Only wildlife that has been bred in captivity is eligible for importation, unless otherwise authorized by the commissioner. Importation of native wildlife that has been captured from the wild may be permitted as part of an approved program to aid in the recovery of a threatened or endangered species.

C. Health Certificate: The applicant must furnish 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 of 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 must include:

(1) Common and scientific name(s) of species;

(2) Number to be imported;

(3) Name and address of consignor and consignee;

(4) Origin or shipment;

(5) Destination of shipment;

(6) Appropriate descriptions of animals by criteria such as sex, age, weight, coloration, tag numbers, brand, etc.

(7) A health certificate must be signed by a qualified veterinarian and the owner or owner's representative from the point of origin.

(8) The Department of Agriculture, Conservation and Forestry and the Department of Health and Human Services has 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.

2. Wildlife Exhibition Permit: The duration and fees associated with the permit are set forth within 12 M.R.S. §12152. In addition to the requirements described in 7.10, the following requirements and conditions apply:

A. Public Programs Required: Applicants must conduct public programs involving the exhibition of the wildlife subject to this section and in the exhibitor's possession, and maintain documentation thereof. Such public programs must consist of at least forty programs or attendance by at least 500 members of the public within the first two years of obtaining an exhibition permit, and for every two years thereafter. The department may waive the requirement for public programs if the wildlife is exhibited as part of an accredited educational program.

B. Federal Permit: For purposes of importing or possessing mammals, applicants must submit a copy of a Class C ("exhibitor's") license issued by the United States Department of Agriculture pursuant to the Animal Welfare Act ( 7 USC 54) , and a copy of the last inspection report signed and dated by the United States Department of Agriculture.

C. Employees: Assurance must be provided that a sufficient number of adequately trained employees or volunteers will be utilized to comply with these rules. Employees and volunteers must be at least of 18 years of age to work directly with Category 1 Restricted Species.

D. Insurance Required: Applicants must submit proof of holding at least $500,000 in general liability coverage.

E. Public Contact Restricted: For dangerous wildlife, barriers such as walls, fences, moats, retaining rails or other necessary devices must be present and adequate to prevent the public from approaching the cages, pens, enclosures or areas near enough to inadvertently make contact with the wildlife.

F. Signage: Signs must be conspicuously posted on permanent cages or enclosures, requesting that the public refrain from annoying animals.

G. Feeding: Unauthorized feeding of wildlife by the public is prohibited. Food must meet the standards set forth in these rules.

3. General Possession Permit Category 2 Restricted Species: In addition to the requirements described in 7.10, the following requirements and conditions apply:

A. Native Species Prohibited: Possession of any Restricted Species that is native to Maine is prohibited.

B. Public Contact Restricted: No species may be allowed to roam freely outside a containment area, taken off the premises of the permittee, or taken into a public area, except for veterinary care, transfer to a person permitted for the possession of the species, or as may be otherwise approved by the commissioner. Wildlife must be controlled or contained at such times in order to prevent contact with the public.

4. Wildlife Rehabilitation Permit: The duration and fees associated with the permit are set forth within 12 M.R.S. §12152. In addition to the requirements described in 7.10, the following requirements and conditions apply:

A. Species Prohibited: Rehabilitation of black bear, moose, white-tailed deer, wild turkey, species that are listed as Threatened or Endangered, and any species that is not native or naturalized to Maine is prohibited, except as authorized by the commissioner. Any wildlife rehabilitator may temporarily possess these species in order to provide emergency care that is required to stabilize the condition of an animal prior to a transfer to a rehabilitation facility that has been authorized by the commissioner to care for the species.

B. Examination Required: First time applicants 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. Exception: Applicants who have previously held a wildlife rehabilitation permit and are applying for a new permit will be required to take a written examination if they have not successfully passed an exam within the past 3 years. This requirement will also apply to permitted wildlife rehabilitators that have not actively rehabilitated wildlife within the past 3 years.

C. Credentials Required: Applicants must submit documentation to verify successful completion of a minimum of 100 hours of experience, training or apprenticeship at an approved facility in the care, feeding, handling, and rehabilitation of native wildlife species. A Bachelor of Science or higher degree in a relevant biological science, obtained at an accredited institution of higher learning, may be substituted for 50 hours of experience or apprenticeship. Documentation must consist of:

(1) A description of the specific experience acquired;

(2) The date and time the experience was obtained and the specific locations where acquired; and

(3) A minimum of two references from a professional organization, currently permitted wildlife rehabilitator, or governmental institution such as a university, zoological association, or federal agency;

D. Selection of Wildlife Rehabilitators Based on Department Need

Wildlife rehabilitation permits shall be issued by the Commissioner based on need, geographical location, ability to perform functions and services that address rehabilitative needs for that area. The need for additional wildlife rehabilitators shall be determined taking into consideration factors including, but not limited to:

(1) Number and location of other wildlife rehabilitators;

(2) Sick, injured or distressed wildlife response levels;

(3) Local human population density; and

(4) Ability to provide unique services or species care.

E. Authorized Activities: Persons to whom a permit is issued are authorized to engage in the activity specified in the permit for the prescribed time unless the permit is terminated. A rehabilitation permit does not provide for ownership of any wildlife by individuals or institutions, or for any other use of wildlife beyond that associated with the rehabilitation or approved educational use of the wildlife species involved. Wildlife possessed pursuant to a rehabilitation permit may not be sold, bartered, or traded, although the transfer of debilitated wildlife to another permittee for treatment or care is not prohibited. Non-releasable wildlife may not be transferred to other more appropriate facilities without prior permission from the department before a transfer occurs.

F. Volunteer Enlistment:Permittees that want to enlist the services of volunteers or interns to aid in the care and rehabilitation of wildlife may request authorization from the Department. Volunteers are defined as any person whom assists in the rehabilitative care at a permanent facility, either directly or indirectly. Authorization will be based on facility need, volume, and degree of risk involved, as well as subject to the following requirements:

(1) Animals will remain at the permitted facility.

(2) The Permittee will provide appropriate training relative to assigned duties;

(3) The Permittee will oversee all work conducted by authorized helpers;

(4) The Permittee will provide training and access to appropriate personal protective equipment;

(5) Volunteers will be informed of human health risks associated with handling wildlife, including recommending a pre-exposure rabies vaccination; and

(6) The Permittee will assume responsibility and liability for the actions (or non-actions) of any volunteer or staff as it relates to the care of wildlife in the permittee's custody.

G. Sub-permittee Training Facility Eligibility. Permittees that want to enlist the services of a sub-permittee to aid in the care and rehabilitation of certain species may request authorization from the Department. Unless otherwise determined by the Department the following criteria must be met in order to be eligible to be an approved facility:

(1) A minimum of 1 year as a permitted wildlife rehabilitation;

(2) Completion of 8 hours annual continuing education (some examples: conferences, formal trainings, workshops);

(3) Endorsement by a district game warden or regional wildlife biologist;

(4) Clear record of abiding by standards and policy; and

(5) Timely submittal of annual reports and evaluation forms.

H. Sub-Permittee Enlistment: A sub-permittee is a non-permitted person, whom is capable of a greater range of responsibilities toward the care of wildlife under a permittee's custody, or a permitted individual whom does not have their own facility to provide rehabilitative care. All authorized sub-permittees will be listed on the qualifying permit. Any changes in the status of sub-permittees assigned to a permit, must be communicated with the Department and a replacement permit shall be issued. In order to obtain Departmental approval, the permittee must meet the following criteria:

(1) Develop and submit to the Department, a written planoutlining the qualifications, training, selection, and monitoring of sub-permittees (special considerations must be addressed regarding care of Rabies Vector Species);

(2) Designate the animals that a sub-permittee is authorized to possess (Note: this will be limited to animals that do not require a federal permit, special permissions,);

(3) Inspect the facilities of the sub-permittee and assure that the sub-permittee's facilities are in compliance with the minimum standards for that activity;

(4) Designate the duties that a sub-permittee is authorized to do;

(5) Sub-permittees will report all rehabilitative work done at the permittee's facility in the permittee's annual report. The sub-permittee would report any work done at their own facility, in their own separate report;

(6) The permittee is responsible for notifying the Department if a sub-permittee no longer works for their facility and a replacement permit will be issued.

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

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

K. Disposition of all Wildlife 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 or authorize the transfer of non-releasable wildlife to another facility for long-term care. All wildlife that is released into the wild must be released within 10 miles of the location where it was captured, unless otherwise authorized by the commissioner.

L. Dependency on Humans: All practicable measures must be taken to prevent wildlife dependency on humans.

M. Records; Reports and Permit Renewal: The permit holder must maintain complete and accurate records of any activity conducted pursuant to such permit. A report of these activities must be submitted to the commissioner within 30 days following permit expiration or with request for renewal. Report forms may be provided by the commissioner.

N. Threatened or Endangered Species: Notification must be made to the department within 48 hours if the permit holder takes possession of an animal that is included on the Maine Endangered Species or Threatened Species list.

O. Public Viewing: Wildlife rehabilitators may request authorization from the commissioner to allow public viewing of wildlife contained in their facility for educational purposes.

5. Research Permit: The permit applicant shall submit an animal care and use policy.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.