reglab/statecodes huggingface dataset:
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 2 - Rules Pertaining to Commercial Fishing, Fish Culture and Fishing Derbies and Tournaments › Section 137-2-02 - Rules for the Taking, of Alewives, Cusk, Eels, Hornpout, Suckers and Yellow Perch Under Provisions of Permits Authorized by 12 M.R.S.A., Section 7153

Current through 2024-29, July 17, 2024
NOTE: This rule may be filed under Ch. 1, Section 2.
A.
Applications
1. Bids for specific sites for trapping
				devices which extend from bank to bank must be received in January and February
				to insure a specific site.
2. Sites
				not awarded on bid may be awarded at the minimum fee after March 1 each
				year.
3. All permit applications
				must include the landowner's permission for use on the site desired.
4. No more than one permit will be issued for
				a trapping device that extends from bank to bank on any one brook, stream,
				river or lake outlet.
5. In-stream
				alteration (use of mechanical equipment in dam building) shall be limited to a
				fifty-foot swath across the thread of the stream.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 2 - Rules Pertaining to Commercial Fishing, Fish Culture and Fishing Derbies and Tournaments › Section 137-2-03 - Commercially Grown or Imported Fish

Current through 2024-29, July 17, 2024
A.
Scope
These rules shall be applicable only to freshwater fish
				  which have been grown commercially within the State or imported from outside
				  the State as provided in Title 12, M.R.S.A., Section 7201 and Section 7205.
				  Nothing in these rules shall in any way restrict or regulate the harvest,
				  transportation or sale of live smelts, minnows and other unprotected fish
				  commonly used for bait purposes.
B.
Identification
All live or dead freshwater fish taken from hatcheries,
				  aquaculture operations or private ponds within the State and all live or dead
				  freshwater fish imported from outside the State shall, while being transported,
				  held in storage or offered for sale, be identified with the name and address of
				  the original source in one of the following manners:
1. Each fish shall bear a tag or seal which
				shall identify the source; or
2.
				Each package, bag, box or container of fish shall be marked in such a manner as
				to identify the source; or
3. Each
				display case or tank containing fish for resale shall be marked with a sign
				which shall identify the source.
All fish shall bear identification as described above from
				  the time they leave the original source until they reach their ultimate
				  destination.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 2 - Rules Pertaining to Commercial Fishing, Fish Culture and Fishing Derbies and Tournaments › Section 137-2-03-A - Salmonid Fish Health Inspection Regulations

Current through 2024-29, July 17, 2024
A.
Scope and Intent
The transfer and/or introduction of organisms fall within
				  the jurisdiction of the Department of Marine Resources (
				  12 M.R.S.A.,
				  §6071 ) into coastal waters within the
				  State of Maine and the Department of Inland Fisheries and Wildlife (
				  12 M.R.S.A.,
				  §§7011,
				  7035
				  and
				  7201,
				  7202
				  ) into public and/or private waters within the State of Maine. These rules are
				  intended to protect wild and farmed salmonid fish populations and shall be
				  applicable to all individuals involved in the culture and movement of live
				  salmonids and gametes.
B.
Prohibited Activity
(1) It is
				unlawful to transfer live salmonid gametes or fish to any fish culture facility
				in Maine or stock salmonid fish or gametes into the waters of Maine that do not
				meet the requirements of these rules.
(2) No clinically diseased salmonid fish
				shall be introduced into the waters of Maine.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 2 - Rules Pertaining to Commercial Fishing, Fish Culture and Fishing Derbies and Tournaments › Section 137-2-04 - Rules Pertaining to Fishing Derbies

Current through 2024-29, July 17, 2024
A.
Scope of
				Rules
These rules shall be applicable only to fishing derbies as
				  authorized by Title 12, M.R.S.A., Sections 12504 & 12504-A .
B.
Applications
1. An application for a permit to conduct a
				fishing derby shall be on such forms as the department requires. The following
				information is required:
a. Name and address
				of the sponsor
b. Rules of the
				derby
c. Body(s) of water
				affected
d. Date(s) and time(s) of
				the derby
e. Prize
				structure
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 2 - Rules Pertaining to Commercial Fishing, Fish Culture and Fishing Derbies and Tournaments › Section 137-2-05 - Regulations Pertaining to Bass Fishing Tournaments

Current through 2024-29, July 17, 2024
A.
Scope
These rules shall be applicable only to one-day bass fishing
				  tournaments as authorized by Title 12, M.R.S.A., Section 12505.
B.
Definition of a Bass
				Club
For purposes of determining eligibility to apply for a
				  permit to conduct a one-day bass tournament, a "bass club" is defined as any
				  organized group of five or more bass anglers which is able to satisfy one of
				  the following criteria.,
1. Provide
				current documentation of being a member club in Bass Anglers Sportsmen Society
				(BASS), Northeast Bass Association (NEBA) or other nationally recognized bass
				fishing organization; or
2. Provide
				a current listing of club officers and members along with a signed affidavit
				affirming that the group, although not affiliated with any nationally
				recognized bass fishing organization, is a bona-fide independent fishing club.
NOTE: It is a Class E crime to obtain a permit through
				  fraud, misstatement or misrepresentation - Title
				  12
				  M.R.S.A., Section
				  10757.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 2 - Rules Pertaining to Commercial Fishing, Fish Culture and Fishing Derbies and Tournaments › Section 137-2-06 - Rules Pertaining to Bass Tournaments on the Penobscot River Between Milford and Weldon Dams

Current through 2024-29, July 17, 2024
CATCH/MEASURE/RELEASE (CMR) TOURNAMENTS
1. CMR tournaments are permitted during any
				time within the legal open water fishing season.
2. CMR tournaments are not subject to the
				zone restrictions established above for weigh-in tournaments.
3. All other existing State laws and rules
				pertaining to CMR tournaments still apply (e.g. maximum number of boats,
				maximum prize values, etc.)
WEIGH-IN TOURNAMENTS
1. Establish 4 zones for the permitting of
				weigh-in bass tournaments in the river section between Milford Dam and Weldon
				Dam, as follows:
a. Milford Dam to Olamon
				Stream
b. Olamon Stream to West
				Enfield Dam
c. West Enfield Dam to
				Chester Bridge
d. Chester Bridge to
				Weldon Dam
Once a tournament zone (or weigh-in location within a zone)
				  is chosen and a permit issued, fishing will be restricted to waters within that
				  zone. All other water of the Penobscot River and its tributaries, exclusive of
				  the mainstem between Milford and Weldon Dams, would remain under current State
				  rules regarding bass tournaments.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 2 - Rules Pertaining to Commercial Fishing, Fish Culture and Fishing Derbies and Tournaments › Section 137-2-07 - Rules Pertaining to Bass Tournaments on Maine and New Hampshire Border Waters

Current through 2024-29, July 17, 2024
CATCH/ MEASURE/ RELEASE (CMR)/ WEIGH IN
				  TOURNAMENTS
1. In Weigh-In
				tournaments, all bass caught shall be kept on a water-circulating live-well
				with the intent to keep the retained bass alive. All bass entered for the
				weigh-in at bass tournaments shall be released unharmed into the same water
				body where caught as follows: in lakes and ponds, not less than 300 feet away
				from the shoreline; in rivers at mid-channel not less than 300 feet away from
				the weigh-in site. Boats designated by the bass tournament sponsor may hold
				more than the daily limit of bass solely for the purpose of releasing bass
				after weigh-in.
2. The daily limit
				shall be 2 bass per participant from April 1 to May 14 with no minimum length
				or weight limit. The daily limit shall be 5 bass per participant from July 1 to
				November 30 with no minimum length or weight limit.
3. There will be no more than ten weigh-in
				tournaments on any water greater than 500 acres, only four of which may be open
				tournaments.
4. All other existing
				State laws and rules pertaining to CMR and weigh-in tournaments which are not
				modified herein continue to apply to Maine and New Hampshire Border water
				tournaments. (e.g. maximum number of boats, maximum prize values,
				etc.)
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 2 - Rules Pertaining to Commercial Fishing, Fish Culture and Fishing Derbies and Tournaments › Section 137-2-08 - Free Fishing Days

Current through 2024-29, July 17, 2024
In accordance with
				  12 M.R.S.A.
				  Section12503 Sub-section
				  3 it is lawful for a person to fish
				  without a license in inland waters except that this subsection does not apply
				  to a person whose license to fish is under suspension or revocation. All other
				  provisions of the Part relating to fishing apply during a free fishing
				  day.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 3 - PUBLIC INTERACTION AND CONFLICTS WITH WILDLIFE › Section 137-3-00 - Feeding of Deer

Current through 2024-29, July 17, 2024
A.
Scope of
				Rules
In accordance with Title 12 §10105, sub-§14, the
				  Commissioner may regulate the feeding of deer in order to minimize potential
				  public safety hazards or detrimental effects on deer, as well as minimize the
				  risk of chronic wasting disease, as defined in Title 7, §1821,
				  sub-§1.
The Department of Inland Fisheries and Wildlife recognizes
				  the interest from the citizens of Maine in watching and feeding wildlife.
				  However, it has been documented that when done inappropriately, feeding deer
				  can increase mortality due to malnutrition, vehicle collisions, predation and
				  disease. To assist the public in minimizing these conflicts, the Department
				  provides information on its website and works with landowners to ensure feeding
				  is done appropriately. This rule outlines a process where, when the issues
				  listed in statute arise, the Department will work with the landowner to address
				  them first through education, second by suggesting adaptations for feeding to
				  minimize the problem and then if activities that are detrimental to deer as
				  outlined in D3 below still exist, issue a warning and then a summons if
				  needed.
B.
Definitions
1.
Public safety
				hazard
- A Public safety hazard may include but is not limited to the
				following:
a Increased incidence of motor
				vehicle accidents
b Causing a
				traffic hazard
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 4 - FALCONRY › Section 137-4-00 - Falconry

Current through 2024-29, July 17, 2024
A.
Definitions
1. "Raptor" means a migratory bird of the
				Order Falconiformes or the Order Strigiformes listed in 50
Code of
				Federal Regulations
Sec. 10.13, including the bald eagle
				(
Haliaeetus leucocephalus
) and the golden eagle
				(
Aquila chrysaetos
).
2. "Falconry" is caring for and training
				raptors for pursuit of wild game, and hunting wild game with raptors. Falconry
				includes the taking of raptors from the wild to use in the sport; and caring
				for, training, and transporting raptors held for falconry.
3. "Hacking" is the temporary release of a
				raptor held for falconry to the wild so that it must survive on its
				own.
4. "Bal-chatri trap" means a
				cage on which many nooses are tied and which is baited with a bird or mammal
				and placed in view of a wild raptor.
5. "Bow net trap" means a circular hoop
				hinged in the middle and covered with netting which is usually attached to the
				ground so one side can swing freely.
6. "Dho-gazza trap" is a square or
				rectangular net of various dimensions suspended vertically next to
				bait.
7. "Swedish goshawk trap" is
				a humane, predator-safe, stationary box trap.
8. "Harness trap" means a light leather or
				cloth saddle covered with nooses which is placed on tethered bait.
9. "Hybrid" means offspring of birds listed
				as two or more distinct species in 50
Code of Federal
				Regulations
Sec. 10.13, or offspring of birds recognized by
				ornithological authorities as two or more distinct species listed in 50
Code of Federal Regulations
Sec. 10.13.
10. "Imprint", for the purposes of falconry,
				means a bird that is hand-raised in isolation from the sight of other raptors
				from 2 weeks of age until it is fully feathered. An imprinted bird is
				considered to be so for its entire lifetime.
11. "Livestock depredation area" means a
				specific geographic location in which depredation by golden eagles has been
				recognized. The boundaries and duration of a livestock depredation area are
				declared by U.S.D.A. Wildlife Services or by a state governor.
12. "Take" means to trap or capture, or
				attempt to trap or capture a raptor for the purpose of falconry.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 5 - STATE OWNED WILDLIFE MANAGEMENT AREAS, SHOOTING RANGES AND BOAT LAUNCH FACILITIES › Section 137-5-01 - State Owned Wildlife Management Areas, Shooting Ranges and Boat Launch Facilities

Current through 2024-29, July 17, 2024
A.
Hunting and
				Trapping
1. Unless otherwise provided,
				state-owned Wildlife Management Areas and Boat Launch Facilities shall be open
				to the hunting and trapping of all wild birds and animals under the provisions
				of state and federal laws and regulations relating to the hunting and trapping
				of wild birds and wild animals. Hunting and Trapping are prohibited within the
				boundaries of Shooting Ranges.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 5 - STATE OWNED WILDLIFE MANAGEMENT AREAS, SHOOTING RANGES AND BOAT LAUNCH FACILITIES › Section 137-5-02 - Classified Wildlife Management Areas

Current through 2024-29, July 17, 2024
A. Unless
				otherwise provided, those areas described in 12 M.R.S. §
									12708
									§
									1 A. shall be closed to the hunting and
				trapping of all wild birds and animals.
B. Bartlett Island in Hancock County shall be
				open to the hunting and trapping of all wild birds and animals during the open
				season on these species.
C. Deer
				Isle and Stonington, Hancock County, shall be open to the hunting and trapping
				of all wild birds and animals during the open season on these
				species.
D. It shall be unlawful
				for any person to feed, or attempt to feed, migratory waterfowl within the
				confines of Sebago Lake Basin Wildlife Management Area, Cumberland
				County.
E. Marsh Island, Penobscot
				County, shall be open to the trapping of all wild animals and the hunting of
				deer by bow and arrow during the open season(s) on these species.
F. No person shall at any time hunt for,
				pursue, molest, catch, take, kill, wound or destroy wild birds or wild animals
				in the following described territory situated in the town of Camden in the
				County of Knox: On the north by the dam at the outlet of Megunticook Lake,
				southerly along the west bank of the Megunticook River to the Molyneaux Road,
				so-called, westerly on the Molyneaux Road to Route 105, thence northerly on
				Route 52 to Molyneaux Road, so-called, thence westerly to the east bank of
				Megunticook River, thence northerly along the east bank of the Megunticook
				River to the dam at the outlet of Megunticook Lake.
G. Long Lake Wildlife Management Area,
				Aroostook County, shall be open to the hunting and trapping of all wild birds
				and animals during the open season on these species.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 5 - STATE OWNED WILDLIFE MANAGEMENT AREAS, SHOOTING RANGES AND BOAT LAUNCH FACILITIES › Section 137-5-03 - Shooting Ranges

Current through 2024-29, July 17, 2024
A.
Hours of
				Operation
The commissioner may set hours when a shooting range is open
				  for public use. These hours shall be posted prominently at the entrance to each
				  shooting range.
B.
Range Safety Officers
The commissioner may designate range safety officers to
				  monitor public use of shooting ranges. Users of shooting ranges must comply
				  with the directions of Department authorized range safety officers.
C.
Targets
On rifle and pistol ranges, the only allowable targets are
				  paper targets attached to approved target frames, and steel targets. On shotgun
				  ranges, only clay targets may be used. Explosive targets are prohibited on all
				  Department shooting ranges.
D.
Loaded Firearms
The possession of a loaded firearm or the discharge of a
				  firearm from any location other than an established shooting station is
				  prohibited.
Exception:
Holstered lawfully carried pistols are
				  allowed to be loaded on the range outside of an established shooting
				  station.
E.
Ammunition
The use or possession of armor piercing, incendiary,
				  explosive, tracer, or steel core ammunition is prohibited.
F.
Intoxicating beverages and
				controlled substances
The use or possession of intoxicating beverages or
				  controlled substances is prohibited.
G.
Certain calibers
The use or possession of any firearm chambered in .50 BMG is
				  prohibited.
H.
(Not
				in use)
I.
Litter
Depositing litter or refuse is prohibited except in approved
				  refuse containers.
J.
Minimum Age
Persons under 16 years of age may not use shooting ranges
				  unless accompanied by a person 21 years of age or older.
K.
Prohibited Activities
The following are prohibited on shooting range facilities:
				  bicycles, fireworks, model airplanes, kites, drones, golfing, and pets.
L.
Exception for approved
				training events
The provisions of this section do not apply to training
				  events authorized by the Department.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 5 - STATE OWNED WILDLIFE MANAGEMENT AREAS, SHOOTING RANGES AND BOAT LAUNCH FACILITIES › Section 137-5-04 - State-Owned Boat Launch Facility Sites

Current through 2024-29, July 17, 2024
A.
Commissioner's authority:
In accordance with 12 M.R.S. §
									12701, subsection
				5, the commissioner may adopt rules
				regulating public use of department-owned or department-maintained boat launch
				facility sites hereinafter referred to as a boat launch.
B.
Boats unattended:
No person
				shall tie up or leave any boat unattended in the area around any launching
				ramps, floats or docks, except when loading or unloading cargo and/or
				passengers.
C.
Power loading
				of boats:
No person shall power load a boat on a trailer at a boat
				launch.
D.
Fires, camping,
				overnight stays, and overnight parking:
No person shall camp, park
				overnight or have an open fire at a boat launch.
E.
Alcoholic beverages or controlled
				substances:
No person shall use or possess intoxicating beverages or
				controlled substances at a boat launch.
F.
Disorderly conduct
: No person
				shall engage in disorderly conduct, including, but not limited to, indecent
				acts, intoxication or coarse language at a boat launch.
G.
Damage to facility:
No person
				shall remove, injure or damage any portion of the facility including plants,
				land, structures, or natural conditions at the boat launch.
H.
Discharging waste:
No person
				shall wash vehicles, boats or laundry or discharge waste of any kind, including
				but not limited to soaps, detergents, and refuse; dispose of any material,
				by-products or waste or deposit any litter except in approved refuse containers
				at a boat launch.
I.
Storage
				of boats, trailers, vehicles, equipment, ice shacks, and other property:
No person shall store personal property of any kind on a boat launch.
J.
Swimming:
No person shall
				swim at a boat launch except in designated locations.
K.
Parking:
No parking shall be
				allowed outside of designated parking spaces.
L.
Other uses of the facility:
No person shall utilize the facility inconsistent with the launching and
				retrieving boats, and associated parking, without written authorization from
				the Department, including but not limited to, commercial use, water extraction,
				non-boating related use, and fishing tournament use of the
				facilities.
M.
Use sunset to
				sunrise:
No person shall use a boat launch or related parking area
				between sunset and sunrise for purposes other than fishing or the launching and
				retrieving of boats.
N.
Pet
				owners
: No pet owner shall leave a boat launch without cleaning any
				fecal deposits left by their pets.
O.
Advertising:
No person shall
				post an advertisement or other notice without prior approval from the
				Department.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 6 - EDUCATIONAL AND SCIENTIFIC COLLECTION PERMIT RULE › Section 137-6-01 - Scope of Rules

Current through 2024-29, July 17, 2024
Pursuant to
				  12 M.R.S.
				  §12152 the Commissioner may issue a
				  permit to any person, permitting that person to hunt, trap, possess, band and
				  transport wildlife for educational or scientific purposes.
These rules apply to:
A. The use of native wildlife, including
				their parts, for educational or scientific purposes within the State of
				Maine.
These rules do not apply to:
A. The importation of wildlife from outside
				the state as provided in 12 M.R.S. and department rule Chapter 7;
B. The possession, propagation, research,
				rehabilitation, or exhibition of wildlife as provided in 12 M.R.S. and
				department rule Chapter 7;
C. The
				possession, propagation, and exhibition of fish as provided in 12 M.R.S. and
				department rule Chapter 2; or
D. The
				importation, capture or possession of raptors for hunting as provided in
				12 M.R.S.
				§11159 and department rule Chapter
				4.
E. The use of native
				invertebrates not listed as state Endangered, Threatened or Special Concern as
				provided in
				12 M.R.S.
				§12152.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 6 - EDUCATIONAL AND SCIENTIFIC COLLECTION PERMIT RULE › Section 137-6-02 - Permit Required

Current through 2024-29, July 17, 2024
An educational or scientific collection permit is required
				  by any person who wishes to take, transport or possess wildlife and their parts
				  or products for scientific research or educational purposes at any time of the
				  year; and/or before any person may lawfully salvage, otherwise acquire,
				  transport or possess wildlife for any purpose not specifically covered under
				  any other permit or license.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 6 - EDUCATIONAL AND SCIENTIFIC COLLECTION PERMIT RULE › Section 137-6-03 - Application Form

Current through 2024-29, July 17, 2024
Applications for educational or scientific collection
				  permits must be submitted on an appropriate application form to be provided by
				  the Commissioner.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 6 - EDUCATIONAL AND SCIENTIFIC COLLECTION PERMIT RULE › Section 137-6-04 - Submission of Application

Current through 2024-29, July 17, 2024
Completed applications for all educational or scientific
				  collection permits should be submitted to the department.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 6 - EDUCATIONAL AND SCIENTIFIC COLLECTION PERMIT RULE › Section 137-6-05 - Supporting Information

Current through 2024-29, July 17, 2024
If any applicant plans to utilize firearms or archery for
				  any purpose while conducting activities covered by scientific collection
				  permit, the application must be accompanied by proof that the applicant
				  possesses a current valid Maine hunting license. This requirement also applies
				  to any subpermittee listed on the application. Also, if applicable, proof must
				  be furnished of a valid federal scientific collection special purpose
				  permit.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 6 - EDUCATIONAL AND SCIENTIFIC COLLECTION PERMIT RULE › Section 137-6-07 - Age

Current through 2024-29, July 17, 2024
Applicants must be 16 years of age or
				  older.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 6 - EDUCATIONAL AND SCIENTIFIC COLLECTION PERMIT RULE › Section 137-6-08 - Grounds for Permit Denial

Current through 2024-29, July 17, 2024
Upon receipt of a properly executed permit application, the
				  Commissioner may issue a permit unless:
A. The applicant has been assessed a civil
				penalty or convicted of any criminal statute or regulation relating to the
				activity for which the application is filed if such conviction or assessment
				evidences a lack of responsibility.
B. The applicant has failed to disclose
				information required or has made false statements as to any material fact in
				connection with his application.
C.
				The applicant has failed to demonstrate a valid justification for the
				permit.
D. The authorization
				requested potentially threatens a wildlife population.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 6 - EDUCATIONAL AND SCIENTIFIC COLLECTION PERMIT RULE › Section 137-6-09 - Rights of Permittee

Current through 2024-29, July 17, 2024
Permits shall entitle the person to whom issued to engage in
				  the activity specified in the permit for the prescribed time unless the permit
				  is terminated.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 6 - EDUCATIONAL AND SCIENTIFIC COLLECTION PERMIT RULE › Section 137-6-10 - Records; Reporting Requirements

Current through 2024-29, July 17, 2024
The person to whom the permit is issued shall maintain
				  complete and accurate records of any activity conducted pursuant to such
				  permit. A report of these activities shall be submitted to the Commissioner
				  within 30 days following permit expiration or with request for renewal. Report
				  forms shall be provided by the Commissioner.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 6 - EDUCATIONAL AND SCIENTIFIC COLLECTION PERMIT RULE › Section 137-6-11 - Renewal Requirements

Current through 2024-29, July 17, 2024
Permits are renewable and may be renewed:
A. If a satisfactory report of work
				accomplished during the preceding year is submitted.
B. If, in order to meet a stated objective
				the permittee intends to continue the activity described in the permit during
				any portion of the year ensuing its expiration.
C. If the above criteria are met and the
				permittee requests the renewal.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 6 - EDUCATIONAL AND SCIENTIFIC COLLECTION PERMIT RULE › Section 137-6-12 - Transfer of Permits Prohibited; Exception

Current through 2024-29, July 17, 2024
Permits are not transferable; except any person/s employed
				  by or under contract to the permittee for the purposes authorized by the permit
				  may carry out the authorized activity; provided the permittee notifies the
				  department in writing of the name and address of those person/s so authorized
				  by him prior to commencement of field work. A copy of the written authorization
				  will be carried by the individual while conducting activities under the
				  permittee's supervision.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 6 - EDUCATIONAL AND SCIENTIFIC COLLECTION PERMIT RULE › Section 137-6-13 - Penalty

Current through 2024-29, July 17, 2024
Any violation of these rules and regulations or the
				  conditions of any permit may subject the permittee to the following:
A. Upon conviction, punishment as provided by
				Title 12 § 12705
B.
Revocation of the permit
. When revoked, permits must be
				surrendered to the Commissioner on demand.
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 137-7-02 - Table of Contents

Current through 2024-29, July 17, 2024
7.03 Governing
				Agencies
7.04 Definitions
7.05 Technical Committee
7.06 Classification of Species
7.07 Permit Types
7.08 Application Procedures for All
				Permits
7.09 Site
				Inspection
7.10 Standard Conditions
				and Restrictions Governing All Wildlife in Captivity Permits
7.11 Conditions and Requirements for Each
				Type of Wildlife in Captivity Permit
7.12 Exceptions and Conditions for Specific
				Restricted Species
7.13 Costs of
				recovery
7.14 Complaints
7.15 Penalties
7.16 Transition and Grandfathering Provisions
				for Current Permit Holders
7.17
				Care and Housing Requirements
7.18
				Species Lists
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 137-7-03 - Governing Agencies

Current through 2024-29, July 17, 2024
1. The Maine Department
				of Inland Fisheries & Wildlife: (the "department") regulates the
				importation, possession, propagation, research, rehabilitation and exhibition
				of wildlife in accordance with
				12 M.R.S.
				§12152, has authority to regulate the
				possession of wildlife in captivity in the state.
2. The Maine Department of Marine Resources:
				has lead management authority for marine mammals, marine turtles, marine
				fishes, and marine invertebrates and regulates the importation of marine
				organisms and diadromous fishes if they are intended for introduction into the
				coastal waters or marine environment of the state pursuant to
				12 M.R.S.
				§6701.
3. The Maine Department of Agriculture,
				Conservation and Forestry: in accordance with Title 7 M.R.S. Part 9 has
				authority to regulate licensing of pet shops, animal shelters, agricultural
				fairs and commercial large game shooting areas.
4. The United States Department of
				Agriculture: in accordance with 7 U.S. Code Chapter 54 has federal authority to
				regulate transportation, sale, and handling of certain animals and requires
				anyone wishing to conduct activities with wildlife in a manner regulated under
				the Animal Welfare Act to hold a valid and current USDA License.
5. The United States Fish and Wildlife
				Service: in accordance with 022 FW 1.1, the USFWS is responsible for
				conserving, protecting, and enhancing fish and wildlife and their habitats for
				the continuing benefit of the American people through federal programs relating
				to migratory birds, endangered species, interjurisdictional fish and marine
				mammals, and inland sport fisheries.
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 137-7-04 - Definitions

Current through 2024-29, July 17, 2024
1. "Dangerous Wildlife": any wildlife capable
				of inflicting serious bodily injury.
2. "Exhibitor": a person or organization that
				shows, displays, exhibits, or trains wildlife for the purpose of conservation,
				public education, or entertainment, and who meets the requirements of section
				7.11 of this chapter. An exhibitor does not include a person who shows wildlife
				in connection with theatrical exhibition, circus, or agricultural
				fair.
3. "Husbandry": the act of
				caring for and breeding of wildlife.
4. "Importation": bringing or causing to be
				transported into the state any wildlife species.
5. "Native species": wildlife species that
				are naturally occurring or naturalized in Maine.
6. "Naturalized species": an exotic or an
				introduced species of wildlife that has become established in Maine."
7. "Propagation": the raising, possessing or
				reproduction of wildlife (except wolf hybrids) for the purposes of consumption,
				release, sale or other pecuniary gain.
8. "Protected Contact": the management of an
				animal in a manner which the keeper and the animal do not share the same
				unrestricted space.
9. "Public
				Contact": Any circumstance in which there is physical interaction between a
				person and wildlife, including physical interaction with wildlife from outside
				the exhibit or enclosure.
10.
				"Research Facility" any school (except an elementary or secondary school),
				institution, or organization that uses or intends to use live animals in
				research, tests, or experiments, and that purchases or transports live animals
				in commerce, or receives funds under a grant, award, loan, or contract from a
				department, agency, or instrumentality of the United States for the purpose of
				carrying out research, tests, or experiments.
11. "Serious Bodily Injury": bodily injury
				that involves:
A. Substantial risk of death;
				or
B. Extreme physical pain;
				or
C. Protracted and obvious
				disfigurement; or
D. Protracted loss
				or impairment of the function of a body part, organ, or mental
				faculty.
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 137-7-05 - Technical Committee

Current through 2024-29, July 17, 2024
: The commissioner shall appoint a Technical Committee to
				  provide advice regarding proposed wildlife in captivity permits, or the
				  conditions that should accompany the issuance of a permit. The commissioner may
				  consult with the Technical Committee as necessary, including but not limited to
				  for the purpose of obtaining pertinent information and advice regarding the
				  issuance, denial or revocation of permits authorizing the possession or
				  importation of wildlife and to review requests to change the categorization of
				  species.
1.
Committee
				Composition
: the Committee shall include a representative from the
				following:
A. The Department's Bureau of
				Resource Management;
B. The Animal
				Welfare Program in the Department of Agriculture, Conservation, and
				Forestry;
C. The State
				Veterinarian;
D. A current wildlife
				possession permit holder and;
E. A
				minimum of three individuals having relevant degrees and/or documented
				experience and/or training in:
(1) wildlife
				biology/conservation; or
(2)
				vertebrate zoology; or
(3)
				veterinary medicine; or
(4)
				herpetology; or
(5) entomology;
				or
(6) ichthyology; or
(7) the husbandry of captive wildlife;
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 137-7-06 - Classification of Species

Current through 2024-29, July 17, 2024
1.
Unrestricted
				List
Pursuant to
				  12 M.R.S.
				  §12152 an "Unrestricted Species List"
				  shall be maintained by the department, be made available to the public and
				  contain a list of species of fish and wildlife, including tropical fish and
				  invertebrates, that do not require an importation, exhibition, propagation,
				  research or possession permit, and may be traded by commercial pet shops.
				  Unrestricted Species must be maintained in a humane and safe manner that does
				  not jeopardize public health and safety, the welfare of the animal, or cause a
				  public disturbance.
2.
Prohibited Species
Species which the commissioner, in consultation with the
				  technical committee have determined pose a significant risk to Maine's native
				  flora and fauna, to the public welfare or to domestic animals shall be
				  designated as prohibited and no permit shall be granted, except that the
				  department may authorize importation or possession of these species by
				  accredited research facilities in cases where there is a significant public
				  benefit. The Prohibited Species List is located within section 7.18.
3.
Restricted Species
Notwithstanding section 7.12, Restricted Species shall
				  require a permit before the species can be possessed, imported, exhibited,
				  propagated, or rehabilitated.
A.
Category 1 Restricted Species
(1)
Criteria
: The Commissioner, in consultation with the technical
				committee, shall consider the following criteria to determine whether a species
				will be listed as a Category 1 Restricted Species:
(a) It does not meet the criteria of a
				Prohibited Species and when:
(b) It
				is included on the U.S. list of endangered or threatened species, is listed in
				Appendix I of the Convention on International Trade in Endangered Species, is
				listed by the International Union for the Conservation of Nature as
				'Endangered, 'Critically Endangered' or Extinct in the Wild or is state listed
				as Endangered or Threatened across a significant portion of its native range;
				or
(c) It is known to harbor an
				agent substantially harmful to humans, domestic livestock, poultry, native
				wildlife, other animals, or Maine flora; or
(d) It has a geographic distribution and life
				requisites that would allow it to survive in Maine if accidentally or
				intentionally introduced into the wild; or
(e) It is included on the USFWS list of
				Injurious Species; or
(f) It is
				capable of inflicting serious bodily injury to humans; or
(g) It has unique requirements for housing or
				care that cannot be provided outside of professionally designed and operated
				facilities.
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 137-7-07 - Permit Types

Current through 2024-29, July 17, 2024
1.
Importation
				Permit
: The commissioner may issue an importation permit to a person or
				institution, pursuant to
				12 M.R.S.
				§12152, to import wildlife in the State.
				No species of wildlife, except those listed by the commissioner as Unrestricted
				or those which are in continuous transit through Maine as provided within 7.11,
				shall be imported into the State of Maine without a Wildlife Importation Permit
				issued by the commissioner. For the purpose of this regulation, importation
				includes transporting or relocating into Maine either on a permanent or
				temporary basis, any regulated wildlife by any means including the subsequent
				possession of other vertebrates not subject to the wildlife definition pursuant
				to 12
				M.R.S. §10001.
2.
Exhibition Permit
: The
				commissioner may issue an exhibition permit to a person or institution,
				pursuant to
				12 M.R.S.
				§12152, for the purpose of keeping or
				possessing wildlife (except wolf hybrids) in captivity for commercial
				exhibition, attracting trade, or for educational purposes.
3.
General Possession Permit for
				Category 2 Species
: The commissioner may issue a general possession
				permit to a person or institution, pursuant to
				12 M.R.S.
				§12152, to possess a Category 2 Species
				that requires special housing or care.
4.
Rehabilitation Permit
: The
				commissioner may issue a rehabilitation permit to a person or institution,
				pursuant to
				12 M.R.S.
				§12152, to possess debilitated or
				orphaned wildlife for the purpose of restoring them to full health and release
				to the wild, or to be humanely euthanized.
5.
Research Permit:
The
				commissioner may issue a research permit, pursuant to
				12M.R.S.
				§12152 which allows the holder to import
				and possess wildlife that is endangered or threatened or presents a risk to
				humans or that requires special housing or care to conduct scientific research
				or to use for educational purposes.
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 137-7-08 - Application Procedures for All Permits

Current through 2024-29, July 17, 2024
1.
Age of Applicants
: Applicants must be 18 years of age or
				older.
2.
Application
				Process
A. Applications for permits to
				import, possess, propagate, rehabilitate, or exhibit a Restricted Species shall
				be made on application forms provided by the department.
B. The department will review the application
				and respond to the applicant with its decision or to request additional
				information. Decisions will usually be provided within 45 days of the
				submission of the application.
C.
				The department will conduct a preliminary review of the application to
				determine if the applicant meets the basic criteria for the issuance of the
				permit requested.
D. A site
				inspection of the facility where the wildlife will be kept may be required
				before a permit is issued (see section 7.09 ).
E. The department may issue a conditional
				approval that requires the applicant to meet additional criteria before a final
				permit is issued.
F. When a species
				is intended to be used for the production of agricultural products defined in 7
				M.R.S., but is ordinarily considered wildlife pursuant to 12 M.R.S., the
				permitting authority for that species resides with DIFW and that species is
				subject to the classifications described in this Chapter 7:
Rules for
				Importation, Possession, Propagation, Rehabilitation, and Exhibition of
				Wildlife
. Any wildlife species proposed for use in agricultural
				production which has not been identified as a Prohibited, Restricted, or
				Unrestricted species may be reviewed upon request for classification by consult
				between DACF and DIFW. The resulting classification of a wildlife species may
				be referred to the Technical Committee for review pending mutual agreement of
				the agents of the commissioners for both DACF and DIFW. Agritourism as it
				relates to the exhibition of exotic wildlife will continue to be regulated by
				the Department pursuant to
				12 M.R.S.
				§12152 and this rule
				chapter.
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 137-7-09 - Site Inspection

Current through 2024-29, July 17, 2024
1.
Wildlife in
				Captivity Inspectors
: The commissioner may designate Wildlife in
				Captivity Inspectors to carry out routine inspections of wildlife facilities in
				Maine that are under the Department's jurisdiction, including required records.
A. A site inspection may be required prior to
				the issuance or renewal of any possession, exhibition, or rehabilitation
				permit. Exception: The commissioner may waive the requirement for a site
				inspection if a facility can provide proof of current accreditation by a
				recognized zoological association.
B. Completed inspection reports must be
				submitted to the department before a permit will be issued.
C. Permit applicants, except applicants for
				rehabilitation permits, are responsible for all costs associated with the
				inspection of their facility by Wildlife in Captivity Inspectors and must
				submit the completed inspection form to the department.
D. Department staff will inspect wildlife
				rehabilitation facilities at no cost to the permit holder.
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

Current through 2024-29, July 17, 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.