An Act To Restructure the Permitting Process for Wildlife and Exotic Species in Captivity
Maine Legislature, Session 127, LD 1369
Committee: Inland Fisheries and Wildlife
Sponsors: DAVIS
Amends: 12 MRSA §12151, 12 MRSA §12152, 12 MRSA §12155, 12 MRSA §12704, 12 MRSA §12705

Legislative Document 
No. 1369 
S.P. 501 
In Senate, April 28, 2015 
An Act To Restructure the Permitting Process for Wildlife and 
Exotic Species in Captivity 
Submitted by the Department of Inland Fisheries and Wildlife pursuant to Joint Rule 204. 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator DAVIS of Piscataquis. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §12151, sub-§1, as enacted by PL 2003, c. 655, Pt. B, §200 
and affected by §422, is amended to read: 
1.  Prohibition.  A person may not keep wildlife in captivity except as provided 
under sections section 10105, subsection 10, sections 12102, 12152, 12155, 12157, 12158 
and 12704 and Title 7, section 1809 or except if the wild animal was purchased from a 
dealer or pet shop licensed under Title 7, section 3933. 
Sec. 2.  12 MRSA §12152, sub-§1-A is enacted to read: 
1-A.  Permit required.  Except as otherwise provided in this Part, a person may not 
import wildlife into or possess wildlife in the State or receive or possess wildlife imported 
into the State.  The department shall maintain a list of unregulated fish and wildlife 
species that is available to the public.  Each day a person violates this subsection that 
person commits a Class E crime for which a minimum fine of $50 and an amount equal to 
twice the applicable permit fee must be imposed.  The commissioner may grant a permit 
to introduce, import, transport, receive or possess fish or gametes in accordance with the 
provisions of section 12509. 
Sec. 3.  12 MRSA §12152, sub-§3, as amended by PL 2005, c. 117, §2, is 
repealed and the following enacted in its place: 
3.  Issuance.  The commissioner may issue a permit to a person permitting the 
introduction, importation, possession and use of wildlife in accordance with the 
provisions of subsection 5. 
Sec. 4.  12 MRSA §12152, sub-§§3-A and 3-B are enacted to read: 
3-A.  Restrictions.  A permit issued pursuant to this section does not authorize the 
permittee to: 
A.  Possess, propagate or sell deer, bear, moose, wild turkey, hybrid wild turkey or 
wild turkey-domestic turkey cross nor does it authorize the permittee to possess, 
propagate or sell any wild animal taken in accordance with section 11601, 11602, 
12401, 12402 or 12404; or 
B.  Import any species of wild turkey, hybrid wild turkey or wild turkey-domestic 
turkey cross or the eggs of these species. 
3-B.  Application fees.  Each applicant for a permit to introduce or import fish or 
wildlife into or possess fish or wildlife in the State shall submit a written application in 
the form required by the commissioner.  The application must be accompanied by a 
nonrefundable application fee as follows: 
A.  Propagation, $27; 
B.  Commerical exhibition or attracting trade, $250; 
C.  Personal use, $27; 
D.  Rehabilitation, no fee; 
E.  Importation and possession of fish or wildlife, $250; 
F.  Professional or vocational husbandry, $27; and 
G.  Therapy or aid to disabled person, $27. 
Sec. 5.  12 MRSA §12152, sub-§4, as amended by PL 2005, c. 12, Pt. III, §22, is 
further amended to read: 
4.  Permit fees.  Permit fees and terms are as follows: 
A.  Propagation, $27 for every 2 calendar years; 
B.  Commercial exhibition or attracting trade, $147 every 2 calendar years from July 
1st to June 30th; 
C.  Personal use, professional or vocational husbandry, therapy or aid to disabled 
persons, $27 every 2 calendar years; and 
D.  Rehabilitation, renewable every 2 years, no fee.; 
E.  Importation and possession of fish or wildlife, $27 every 2 calendar years; 
F.  Professional or vocational husbandry, $27 every 2 calendar years; and 
G.  Therapy or aid to disabled persons, $27 every 2 calendar years. 
Sec. 6.  12 MRSA §12152, sub-§5, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read: 
5.  Rules.  The commissioner may adopt rules necessary for the administration of this 
section, including provisions to ensure that all wildlife possessed under these permits 
receives humane treatment and proper husbandry and security, and to safeguard the 
interests of the wildlife and citizens of the State.  Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.  
Rules adopted may include but are not limited to rules that: 
A.  Maintain updated inspection provisions for applicants attempting to acquire a 
permit to possess or introduce, import and possess fish or wildlife in captivity; 
B.  Maintain a fee structure to establish fees for inspection provisions for regulated 
species; 
C.  Provide a process that allows authorized independent contractors to meet with 
permit applicants to educate applicants on minimum standard facility requirements 
and to inspect current facilities to recommend approval or denial of a permit; and 
D.  Charge a responsible party for the cost incurred to remove or euthanize 
unpermitted regulated fish or wildlife species. 
Sec. 7.  12 MRSA §12155, as affected by PL 2003, c. 614, §9 and amended by c. 
655, Pt. B, §204 and affected by §422, is repealed. 
Sec. 8.  12 MRSA §12704, as enacted by PL 2003, c. 414, Pt. A, §2 and affected 
by c. 614, §9, is amended to read: 
§12704.  Permit to hunt, trap, possess, band and transport wild animals and wild 
birds for educational or scientific purposes 
The commissioner may issue a permit to any person, permitting that person to hunt, 
trap, possess, band and transport wild animals and wild birds for educational or scientific 
purposes. 
Sec. 9.  12 MRSA §12705, as affected by PL 2003, c. 614, §9 and repealed and 
replaced by c. 655, Pt. B, §292 and affected by §422, is amended to read: 
§12705.  Rule violations; educational or scientific collection permits 
The following penalties apply to violations of rules regulating educational or 
scientific collection permits. 
1.  Civil violation.  Notwithstanding section 10650, a person who violates a rule 
regulating educational or scientific collection permits commits a civil violation for which 
a fine of not less than $100 nor more than $500 may be adjudged. 
2.  Criminal violation.  A person who violates a rule regulating educational or 
scientific collection permits after having been adjudicated as having committed 3 or more 
civil violations under this Part within the previous 5-year period commits a Class E 
crime. 
SUMMARY 
This bill repeals the section of law that provides for an importation permit for wildlife 
and exotic species and amends the section of law regarding permits for the possession of 
wildlife in captivity to include importation.  It provides for an application fee and amends 
the permit fees.  This bill also requires the Commissioner of Inland Fisheries and Wildlife 
to grant permits to introduce, import, transport, receive or possess fish or gametes and to 
maintain a list of unregulated fish and wildlife species that is available to the public.  The 
Department of Inland Fisheries and Wildlife is also required to amend its rules to 
maintain updated inspection provisions for applicants attempting to acquire a permit to 
possess or introduce, import and possess fish or wildlife in captivity, to maintain a fee 
structure to establish fees for inspection provisions for regulated species, to provide a 
process that allows authorized independent contractors to meet with permit applicants to 
educate applicants on minimum standard facility requirements and to inspect current 
facilities to recommend approval or denial of a permit and to charge a responsible party 
for the cost incurred to remove or euthanize unpermitted regulated fish or wildlife 
species.  The bill also adds educational purposes to the purposes for which the 
commissioner may issue permits to hunt, trap, possess, band and transport wild animals 
and wild birds; current law provides that such permits may be issued for scientific 
purposes.