Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 05 - Animal Health › Part 3 - Rules and Regulations Governing Importation and Possession of Wild Animals › Section 250-RICR-40-05-3.8 - General Exemptions

Current through June 14, 2024
A. General
				  Exemption for Pet Shops. Exemption from individual exotic animal possession
				  permits for Pet Shops. Pet shops that are properly licensed and in good
				  standing pursuant to R.I. Gen. Laws §
										4-19-5 may be granted by the
				  Department a resale permit in lieu of an individual exotic animal possession
				  permit. The resale permit will allow possession of a reasonable number of a
				  particular species to be kept on the licensed premises for the purpose of
				  resale. Each species will require issuance of a resale permit for that species.
				  The application for a resale permit will be provided by the Department and the
				  fee will be five dollars ($5.00) per permit issued. Animals held by a pet shop
				  under a resale permit may only be sold to persons who can demonstrate lawful
				  possession of the particular species, including an exotic animal possession
				  permit if required.
B. General
				  Exemptions for AZA-Accredited and USDA Licensed Facilities. Nothing in this
				  Part shall prohibit zoos, aquariums, research facilities, managed propagation
				  facilities, or other animal care facilities that meet the exemption criteria
				  for such facilities listed in R.I. Gen. Laws §§
										4-18-3 and
				  4-18-6 from importing or possessing
				  native and exotic wild animals without a permit. Such facilities shall comply
				  with all Department import/possession specifications identified within the
				  subject statues and this Part, including, but not limited to, reporting,
				  examination, and testing requirements.
C. General Exemptions for Nuisance Wildlife
				  Control Specialists. Nothing in this Part shall prohibit a person possessing a
				  valid license as a Nuisance Wildlife Control Specialist issued by the
				  Department from possession of native wildlife without a permit while in the
				  execution of their professional duties and in compliance with Rules and
				  Regulations Governing Nuisance Wildlife Control Specialists, Subchapter 00 Part
				  3 of this Chapter.
D. General
				  Exemption for Licensed Wildlife Rehabilitators. Nothing in this Part shall
				  prohibit a person possessing a valid license as a Wildlife Rehabilitator issued
				  by the Department from possession of native wildlife without a permit while in
				  the execution of their duties and in compliance with Rules and Regulations
				  Governing Wildlife Rehabilitation, Subchapter 00 Part 1 of this
				  Chapter.
E. General Exemption for
				  Authorized Agents of the Department in their Official Duties. Nothing in this
				  Part shall prohibit an agent of the Department's Division of Agriculture,
				  Division of Fish and Wildlife, or Division of Law Enforcement from possession
				  of exotic wildlife or native wildlife without a permit while in the execution
				  of his or her official duties.
F.
				  General Exemption for Agents of the Rhode Island Society for the Prevention of
				  Cruelty to Animals. Nothing in this Part shall prohibit an agent of the Rhode
				  Island Society for the Prevention of Cruelty to Animals from possession of
				  exotic wildlife or native wildlife without a permit while in the execution of
				  their law enforcement powers pursuant to R.I. Gen. Laws Chapter 4-1.
G. General Exemption for Possession of
				  Insects. Nothing in this Part shall prohibit any person from possession of
				  exotic animals or native animals of the class Insecta unless the animals of
				  that class appear on the list of prohibited insects as is published by the USDA
				  at the following URL
http://www.invasivespeciesinfo.gov/animals/main.shtml
under the heading of "Invasive Species." Possession of any animal on this list
				  requires an exotic animal possession permit.
H. General Exemptions for Some Species of
				  Exotic Wild Animals. Nothing in this Part shall prohibit any person from
				  possession of exempt exotic animals as defined herein. The list of exempt
				  exotic animals will appear on a list published by the Department as §
										3.17 of this Part.
I. General Exemption for Game Bird
				  Propagation. Nothing in this Part shall prohibit any person from possession of
				  native wild animals as defined herein for the purpose of propagation of game
				  birds pursuant to R.I. Gen. Laws Chapter 20-17.
J. General Exemption for Licensed Falconers.
				  Nothing in this Part shall prohibit a person possessing a valid license as a
				  Falconer issued by the Department from possession of native wildlife without a
				  permit while in the execution of the privileges associated with their Falconry
				  license provided they are in compliance with the current Rhode Island Falconry
				  Regulations, Subchapter 00 Part 7 of this Chapter.
K. General Exemption for Travelers. Nothing
				  in this Part shall prohibit any person from possession of a native or exotic
				  wild animal, as defined herein, from traveling through the State, provided they
				  are duly authorized to possess the animals in question under a valid Federal or
				  State license, and that the animals are properly confined, and that they do not
				  exhibit, offer for sale, barter, release, or otherwise transfer possession of
				  animals to another while in Rhode Island, or stay overnight in the State while
				  in possession of native or exotic wild animals, unless duly authorized to do so
				  by the Department.