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 137-7-13 - Costs of recovery
Current through 2024-38, September 18, 2024
1. Escape of Restricted Species: Restricted Species that have escaped the permit holder's holding facilities and/or control, and that are determined by the commissioner to be detrimental to public safety, native fish and wildlife habitat, or any of the state's fish and wildlife resources by threat of predation, the spread of disease, habitat competition, interbreeding with native fish or wildlife, or other significant damage, may be seized, captured or, where necessary, destroyed by the department, or any law enforcement officer, for the purpose of protecting and preserving Maine's fish and wildlife and their environment. The commissioner may consider such escaped wildlife to be a public nuisance and seek to hold the permit holder thereof responsible for any costs incurred in recovering, holding, testing for disease, or disposing of such wildlife, as well as any damages to the state's wildlife resources. Pursuant to M.R.S. § 12152 a person may be charged for failing to notify law enforcement of an escape of a prohibited species whether permitted or held illegally without a permit.
2. Financial Security: Prior to issuing a permit, the commissioner may require that a bond or other financial security for the potential costs associated with the recovery, handling or disposition of any permitted wildlife be posted. Such bond, if required, must be maintained in force until the disposition of the animals has been approved by the department.
3. Confiscation: The permit holder shall be responsible for all costs incurred by the state resulting from the necessary confiscation of animals from the premises of the permit holder or as the result of the revocation of the permit.
4. Wildlife That Are Illegally Possessed: Restricted Species that are illegally possessed may be seized, captured or, where necessary in cases of disease, public health, human safety, or threats to the state's fish and wildlife, destroyed by the department. The owner thereof shall be responsible for any costs incurred in recovering, holding, testing for disease, or disposing of illegally possessed wildlife, as well as any damages to the state's fish and wildlife resources, under appropriate law. Pursuant to 12 M.R.S. §10503-6 a court may render judgment against the person illegally possessing wildlife to cover costs incurred to remove or euthanize the fish or wildlife possessed without a permit.
