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 1525, July 5, 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:
(a) Threatened or endangered species listed
			 pursuant to the U.S. Endangered Species Act of 1973, as amended;
(b) Species listed in the Red Book(-s) of the
			 International Union for the Conservation of Nature;
(c) Species appearing on the Massachusetts
			 list of endangered, threatened, and special concern species at
			 321 CMR
			 10.90.