An Act To Require Permits for Wildlife in Captivity and Notification of the Escape of Exotic Wildlife in Captivity
Maine Legislature, Session 128, LD 0305
Committee: Inland Fisheries and Wildlife
Sponsors: CYRWAY, HANINGTON, COLLINS, DAVIS, DOW, COREY, GERRISH, LONGSTAFF, MAREAN, NADEAU
Amends: 12 MRSA §12152

Legislative Document
No. 305
S.P. 91
In Senate, January 31, 2017
An Act To Require Permits for Wildlife in Captivity and 
Notification of the Escape of Exotic Wildlife in Captivity
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator CYRWAY of Kennebec.
Cosponsored by Representative HANINGTON of Lincoln and
Senators: COLLINS of York, DAVIS of Piscataquis, DOW of Lincoln, Representatives: 
COREY of Windham, GERRISH of Lebanon, LONGSTAFF of Waterville, MAREAN of 
Hollis, NADEAU of Winslow.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §12152, sub-§1-A, as enacted by PL 2015, c. 374, §5, is 
amended to read: 
1-A.  Permit required; definition.  Except as otherwise provided in this Part, a 
person may not import exotic wildlife into or possess wildlife in the State or receive or 
possess exotic wildlife imported into the State without a permit issued under this section.  
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.  For the purposes of this section, "exotic wildlife" means any 
fish or wildlife that is not native to the State. 
Sec. 2.  12 MRSA §12152, sub-§2, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read: 
2.  Application.  Except as otherwise provided in this Part, this section applies to the 
possession of any wildlife regulated by the State that is held in captivity and to the 
importation of exotic wildlife from an area outside the State, including:. 
A.  All species listed under state law as threatened or endangered; 
B.  All species other than those listed in paragraph A not included on a list of 
unregulated, nonnative species that is maintained by the commissioner to facilitate 
the issuance of importation permits; and 
C.  Species identified in rules adopted by the commissioner. 
Sec. 3.  12 MRSA §12152, sub-§5, as amended by PL 2015, c. 374, §10, is 
further amended to read: 
5.  Rules.  The commissioner may shall adopt rules necessary for the administration 
of this section, including provisions specifying criteria for issuing a permit under this 
section 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 or 
import exotic wildlife; 
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.; and 
E.  Require exotic wildlife permitted under this section to carry or be embedded with 
a device capable of remotely providing global positioning coordinates or other 
mapping or location information. 
Sec. 4.  12 MRSA §12152, sub-§7 is enacted to read: 
7.  Notification requirements.  When exotic wildlife permitted under this section 
escapes or is otherwise not within the control of the person who possesses the permit for 
that wildlife, the permit holder must provide notice of the escape to the Bureau of Warden 
Service and all landowners within the range of travel of that wildlife measured from the 
location where the wildlife was last under the control of the permit holder.  The 
commissioner shall determine the range of travel for all exotic wildlife permitted under 
this section. 
SUMMARY 
This bill provides that a permit is required to import exotic wildlife into or possess 
wildlife in the State or receive exotic wildlife. The Commissioner of Inland Fisheries and 
Wildlife is required to adopt rules that specify the criteria for issuing such a permit. The 
bill allows the commissioner to adopt rules to require permitted exotic wildlife to carry or 
be embedded with a tracking device. The bill requires the holder of a permit for exotic 
wildlife to provide notice to the Department of Inland Fisheries and Wildlife, Bureau of 
Warden Service and all landowners within the range of travel of the wildlife in the event 
of an escape of the wildlife.