Code of Massachusetts Regulations
321 CMR - DIVISION OF FISHERIES AND WILDLIFE
Title 321 CMR 9.00 - Exemption List
Section 9.01 - Exemption List
Current through Register 1531, September 27, 2024
Pursuant to the authority granted in M.G.L. c. 131, § 23, herewith is established a list of species which are exempt from the licensing provisions of M.G.L. c. 131, § 23. This list includes wild (i.e., non-domesticated) vertebrate animals which may be imported, sold or possessed without a permit. Note, however, that listing below does not affect other licensing requirements which may be applicable under Federal, State or local laws, including special endangered species and export restrictions of other states.
(1) Purpose. The purpose of 321 CMR 9.01 is to list those species which are exempt from the licensing provisions of M.G.L. c. 131, § 23, and which may be imported, possessed, maintained, propagated, bought, sold, exchanged or offered for sale without a license or permit from the Division. Species not listed, or which are expressly listed as "require(s) a permit", are not exempt from the provisions of M.G.L. c. 131, § 23. Notwithstanding a species being exempt from these licensing provisions, such species shall be kept in a manner appropriate for their health and safety, including being secured from escape.
(2) Definitions. For the purposes of 321 CMR 9.01 and unless the context requires otherwise, the following words or phrases shall have the following meanings:
Aquarium means an enclosed indoor facility or an outdoor holding facility that lacks an inlet or outlet, or such other holding facility as approved by the Director.
Aquarium Trade Fish means those freshwater fish which cannot survive year-round in a wild environment above 30º north latitude (approximately from Jacksonville, FL west to Ensenada, CA) or below 30º south latitude (approximately from Puerto-Alegre, Brazil west to La Serena, Chile). Notwithstanding the foregoing, aquarium trade fish shall also include the goldfish (Carassius auratus), koi or Japanese carp (Cyprinus carpio), and guppies (Poecilia spp.), but shall not include tilapia (Tilapia spp.) which require a permit.
Director means the Director of the Division of Fisheries and Wildlife or his authorized agent.
Division means the Massachusetts Division of Fisheries and Wildlife, with principal offices at 251 Causeway Street, Suite 400, Boston, MA 02114.
Domestic or Domesticated means those species listed as domestic pursuant to 321 CMR 9.02(3).
Exempt or Kept without a Permit means that the animal may be imported, possessed, maintained, propagated, bought, sold, exchanged, or offered for sale or exchange without a license or permit.
License or Permit means a license or permit issued pursuant to the authority of M.G.L. c. 131, § 23.
Non-exempt or Require(-s) a Permit means that the animal may not be imported, possessed, maintained, propagated, bought, sold, exchanged, or offered for sale or exchange except by a person holding a current and valid license or permit.
Person means any individual, partnership, profit or non-profit corporation, firm, business, or other commercial or non-commercial entity, club, organization, or association.
Species means an individual or individuals of any distinct non-domestic vertebrate animal population whose members interbreed when mature or are self-perpetuating through the production of viable offspring and can include any subspecies or variety of vertebrate animal.
(3) Categorical Non-exemptions: No species in any of the following categories may be exempted:
(4) Exemption Criteria: Animals exempted below are believed to meet the following criteria:
(5) Sources of Acquisition. Except as provided in 321 CMR 3.05, exempt animals may be obtained from the following sources only:
(6) Liberation. No person shall liberate or cause to be liberated any exempt animal, except in accordance with a liberation permit issued pursuant to 321 CMR 2.15.
(7) Quarantine. Notwithstanding the provisions of 321 CMR 9.01(1), the Director may examine, quarantine and destroy exempt animals and may restrict or prohibit the importation thereof in accordance with the provisions of M.G.L. c. 131, §§ 19, 19A, 25A, and 25B, and the penalty for violation of such quarantine shall be as provided in M.G.L. c. 131, § 25C.
(8) List of Fish. All aquarium trade fish may be kept without a permit except species categorically non-exempt pursuant to 321 CMR 9.01(3), and except that the following species are prohibited without a permit:
Notwithstanding the above, the fathead minnow (Pimephales promelas) may be kept without a permit as a pet or for sale as a pet, but require a permit when sold as bait fish pursuant to 321 CMR 4.09.
(9) List of Amphibians. All amphibians may be kept without a permit except species categorically non-exempt pursuant to 321 CMR 9.01(3).
(10) List of Reptiles.
Asian Ratsnakes (Elaphe spp. and Ptyas spp. and Zaocys spp.)
Trans-Pecos Ratsnake (Bogetophis spp.)
Brown and Redbelly Snakes (Storeria spp.)
Diadem Snakes (Spalerosophis spp.)
Garter and Ribbon Snakes (Thamnophis spp.)
Glossy Snakes (Arizona spp.)
Gopher and Pine Snakes (Pituophis spp.)
Green Snakes (Opheodrys spp.)
Ground Snakes (Sonora spp.)
House Snakes (Boaedon [Lamprophis] spp.)
Kingsnakes and Milk Snakes (Lampropeltis spp.)
North American Ratsnakes (Pantherophis spp.) except the Black RatSnake (Pantherophis alleghaniensis other than albinistic and leucistic individuals) which requires a permit.
Mole Snake (Pseudaspis cana)
Puffing Snakes (Pseustes spp.)
Texas Indigo Snake (Drymarchon corais erebennus)
Tropical Rat Snakes (Spilotes spp.)
Water Snakes (Nerodia [Natrix] spp.)
Western Hognose Snake (Heterodon nasicus)
Species categorically non-exempt pursuant to 321 CMR 9.01(3).
Florida Sand Skinks (Neoseps spp.)
Solomon Island Ground Skink (Tribolonotus spp.)
False Club-tailed Lizards (Pseudocordylus spp.)
Girdle-tailed Lizards (Cordylus spp.)
Plated Lizards (Gerrhosaurus spp. and Zonosaurus spp.)
Rock Lizards (Platysaurus spp.)
Species categorically non-exempt pursuant to 321 CMR 9.01(3).
Desert Tegus (Dicrodon spp.)
Fringe-fingered Lizards (Acanthodactylus spp.)
Wall Lizards (Eremias spp. andGallotia spp.)
Sand Lizards (Lacerta spp. and Psammodromus spp.)
Asian Grass Lizards (Takydromus spp.)
Alligator Lizards (Gerrhonotus spp.)
Glass Lizards (Ophisaurus spp.)
Slowworm (Anguis spp.)
European legless lizard (Pseudopus apodus)
Basilisks (Basiliscus spp.)
Collared and Leopard Lizards (Crotaphytus spp.)
Common or Green Iguanas (Iguana i. iguana)
False or Spring-tailed Iguanas (Ctenosaurus spp.)
Tree Iguanas (Liolaemus spp.)
New World Chameleons (Anolis spp. and Ctenotus spp.)
Spiny Lizards (Sceloporus spp.)
Tree and Bush Lizards (Urosaurus spp.)
Diving Lizards (Uranoscodon spp.)
Zebra-tailed Lizards (Callisaurus spp.)
Dragon Lizards (Amphibolorus spp.)
Forest, Garden and Bloodsucker Lizards(Calotes spp.)
Sailfin Lizards (Hydrosaurus spp.)
Bearded Dragons (Pogona spp.)
Water Dragon (Physignathus spp.)
Frilled Lizards (Chlamydosaurus spp.)
Uromastyx Lizards (Uromastyx spp.)
(11) List of Birds.
(12) List of Mammals.
Regulatory Authority: M.G.L. c. 131, §§ 23; c140, §§ 161A
Last Revised: 01-03-2014