Maine Rule Changes 2016

Maine Proposed Changes to Chapter 7

  1. This is their illogical attempt at validation:
    1. Nonnative wildlife potentially carries risks for the native wildlife resources and ecosystems of the State of Maine and the public at large.
    2. With changing environmental conditions and the inherent adaptability of wildlife, the ability to predict the likelihood of a non-native wildlife species to survive in the wild is difficult.
    3. … to protect Maine’s wildlife and people from the introduction or spread of diseases, the establishment of exotic species, and from bodily injury caused by dangerous native and exotic wildlife species.
    4. … to govern trade in wildlife species that are rare or threatened in their native range and to ensure the proper care and welfare of all wildlife in captivity. (This means species listed under the Endangered Species Act, which includes many non-native species, and as Appendix 1 under CITES.)
      1. None of the points above are justifiable.
  2. The commissioner and a new technical committee shall have authority to add/move/remove species to/from the various lists.
  3. Maine has an “unrestricted list,” also known as a white list. Species on this list are the only ones which can be kept without a permit. There are less than 100 herp species on this list, which is less than 1/10 of species found in trade.
    1. This unfair both for Maine residents and DIFW officers. The officers must be able to identify all species on this list, rather than a smaller list of species that may be regulated or prohibited.
  4. PLEASE NOTE: There is a de facto ban on all species not included on one of the below lists or on the “unrestricted list.”
  5. Creation of a prohibited list:
    1. Banned and illegal to own.
    2. “Species which… 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.”
      1. Red-eared slider (Trachemys scripta);
      2. Monk parakeet (Myiopsitta monachus);
      3. Mute swan (Cygnus olor);
      4. African clawed frog (Xenopus laevis).
  6. Creation of a Category 1 restricted list:
    1. Banned for ownership by the private sector. Permit only available to: exhibitor, wildlife rehabilitator, laboratory registered with the USDA, or accredited research facility.
    2. Permit required.
    3. An inspection, at the applicant’s expense, is required prior to the issuance or renewal of any permit for a Category 1 or Category 2 Restricted Species.
    4. Credentials required: Proof of minimum of one year of practical husbandry or a minimum of 100 hours of formalized training. A Bachelor of Science or higher degree in a relevant biological science may be substituted for 50 required hours.
    5. Emergency plan required.
    6. Records: The permit holder must maintain complete and accurate records for each Category 1 and Category 2 Restricted species.
    7. Currently proposed species (NOTE: species can be added):
      1. All species listed as injurious under the Lacey Act: would currently include nine species of constrictor snake and 201 species of salamanders;
      2. Any species listed in CITES Appendix I;
      3. ll species listed under the Endangered Species Act;
      4. family Varanidae (all monitor lizards);
      5. family Helodermatidae (gila monsters and beaded lizards).
      6. order Crocodilia;
      7. family Felidae;
      8. family Canidae;
      9. family Ursidae;
      10. family Elephantidae;
      11. family Hyaenidae (hyenas);
      12. family Rhinocerotidae (rhinoceros);
      13. family Tapiridae (tapirs);
      14. family Hippototamidea (hippos);
      15. family Camelidae (camels);
      16. family Cervidae (deer);
      17. order Chiroptera (bats).
  7. Creation of Category 2 restricted species:
    1. Permit required.
    2. An inspection, at the applicant’s expense, is required prior to the issuance or renewal of any permit for a Category 1 or Category 2 Restricted Species.
    3. Maintenance plan required.
    4. Credentials required: Proof of minimum of one year of practical husbandry or a minimum of 100 hours of formalized training. A Bachelor of Science or higher degree in a relevant biological science may be substituted for 50 required hours.
    5. Minimum of two personal references required.
    6. Records: The permit holder must maintain complete and accurate records for each Category 1 and Category 2 Restricted species.
    7. Currently proposed species (NOTE: species can be added):
      1. family Viverridae (civets, genets, binturong, linsangs);
      2. family Caviidae (cavys, capybaras), except guinea pigs;
      3. genera Iguana (iguanas). NOTE: This is poorly written and unclear if it means all iguanas or only green iguanas.
      4. family Testudinae (tortoises). NOTE: They used Testudinae instead of Testudinidae illustrating a lack of consultation with experts/professionals.
  8. Creation of Unclassified Species List:
    1. A person may not possess any species that has not been classified.
    2. Any species which has not been identified as a Prohibited, Restricted, or Unrestricted species will not be eligible for a permit under this chapter.
    3. Currently, this third ban list includes over 1,000 species of herps, not to mention mammals, birds and fish species.
  9. Importation Permit
    1. All species, except unrestricted species, will require an importation permit.
    2. It may take 45 days or more for permit to be accepted or denied. “Decisions will usually be provided within 45 days of the submission…”
    3. A site inspection of the facility may be required before a permit is issued.
    4. Only wildlife that has been bred in captivity is eligible for importation, unless otherwise authorized by the commissioner.
    5. Health Certificate: The importation permit applicant must furnish the commissioner with an interstate health certificate/certification of veterinary inspection and appropriate test results or statements about specific diseases.
  10. More authoritative power:
    1. “Species with Special Needs or Considerations:”
      1. The commissioner may set special conditions on a permit;
      2. These conditions may include housing and care requirements, microchipping of certain species or the prohibition of public contact.
      3. The commissioner may also require certain animals to be spayed or neutered.
  11. Complaints
    1. Complaints pertaining to wildlife in captivity will be investigated and findings associated with that investigation may be considered at the time of permit renewal.
    2. NOTE: There should be penalties for anyone reporting false complaints and wasting DIFW resources and taxpayer money. This protects responsible owners from fraudulent searches and punishes those wasting DIFW’s time.
  12. Other Notes:
    1. The unrestricted list needs to be tossed!
    2. Maine has already denied many species petitioned to be added as unrestricted.
    3. Examples of species denied:
      1. Woma (python);
      2. Dumeril’s Boa;
      3. Madagascar Tree Boa;
      4. Madagascar Ground Boa;
      5. Tomato Frogs;
      6. Reeve’s Turtle.
        1. To display how idiotic this system is, Black-headed Pythons, Carpet pythons, Macklot’s pythons and true red-tailed boas (Boa constrictor constrictor) are all legal, but womas, Colombian boas, Argentine boas, Amazon tree boas, etc. are all illegal;
        2. Only 16 species of pythons are unrestricted, and the rest are illegal to own;
        3. Only 8 species of boas are legal.