Section 137-7-10 - Standard Conditions and Restrictions Governing All Wildlife in Captivity Permits1.Species with Special Needs or Considerations: The commissioner may set special conditions on a permit to mitigate potential impacts on, or from, wildlife having special needs or considerations and to ensure the welfare of such wildlife and the public. These conditions may include housing and care requirements, microchipping of certain species or the prohibition of public contact. The Commissioner may designate species that require microchipping or another identification system to facilitate identification of an animal's owner in the event of an escape. The owner of any animal requiring such identification must maintain the identification equipment in working order and show proof of such upon renewal of a permit or as requested by the Department.
For some Category 1 restricted species (such as elephants) a facility that affords protected contact for the handlers may be required. The commissioner may also require certain animals to be spayed or neutered in order to prevent reproduction by the species when such reproduction would pose a risk to the wildlife or people or the State of Maine. The commissioner may seek the advice of experts on the species involved to provide for such special needs and to ensure the welfare of the wildlife.
2.Federal Permit Requirements: If applicable, proof must be furnished of a valid federal wildlife possession or importation permit, and compliance with the Convention on International Trade in Endangered Species (CITES).3.Display of Permit: All persons issued wildlife in captivity permits must display the permit at the location the animal is being housed and make the permit available for inspection by licensed Wildlife in Captivity Inspectors, department representatives and animal welfare agents.4.Records: The permit holder must maintain complete and accurate records for each Category 1 and Category 2 Restricted species in its possession. The records must identify: A. The species, sex, age, of each animal; B. Date of birth (if known), and date of acquisition;C. If applicable, the name and address of any person who has previously possessed or currently possesses the animal, and the dates of transfer or loan of the animal. Transfers or loans for any purpose or duration, except those to an out of state entity, must be approved by the department in writing prior to the movement of the animal.D. The date of the death, loss or transfer to another person of each animal;E. The records required by this subsection must be kept in chronological order, for a minimum of five years after the date of death, loss, or transfer of any wildlife and the records must be made available for inspection at all reasonable times upon request of the commissioner or the commissioner's designee, departmental representatives and animal welfare agents.5.Addition of New Species or Individuals Prohibited: The addition of any new species, or increase in the numbers of previously permitted species, except by birth, must be approved by the commissioner before they may be possessed or added to a valid permit under this Chapter. Any increase in the numbers of a previously permitted species that occurs through reproduction must be reported to the department within 30 days of birth.6.Security and Shelter: Wildlife held in captivity must be confined, contained, controlled, and sheltered in such a way as to protect it, and to protect property of others and the health and safety of the public.7.Health and ComfortA. All wildlife held in outdoor enclosures must be provided with adequate shelter from inclement weather and direct sunlight. Each cage or enclosure must have shelter sufficient to simultaneously protect all wildlife contained therein.B. All wildlife must be provided with living quarters that maintain a temperature meeting the biological needs of the animal. Wildlife housed indoors must be provided with appropriate lighting and humidity.C. All wildlife must be provided with appropriate veterinary care including but not limited to care for injuries and for the control of contagious, parasitic, and nutritional diseases.D. No wildlife may be chained or otherwise tethered to a stake, post, tree, building or any other anchorage at any time except for training or other controlled activities, for medical treatment or grooming of such animals or as otherwise provided herein. This condition does not apply to diurnal birds of prey.8.Sanitation: All cages and enclosures must be kept in a sanitary condition. Regular cleaning schedules must be maintained. Cages may not be stacked in such a way that excrement may enter lower enclosures.9.Food and Water: All permitted wildlife must be provided necessary sustenance. This includes:A. An adequate supply of potable water that is made available in cages and enclosures for drinking, washing or other purposes necessary to the species being contained.B. Regular feeding schedules; the rations supplied must be adequate, nutritious, and so far as possible consistent with the food which is ordinarily eaten by such animals in the wild. Food must be sufficient to maintain good body condition, and age appropriate size and weight with a healthy appearance.C. Areas used for the preparation and storage of food must be sufficiently clean to prevent contamination by pathogens or harmful substances. Meat, fish and fresh fruits and vegetables to be fed to animals must be properly refrigerated to prevent spoilage.D. Food for animals must be stored in such a way as to prevent damage from weather, rodents, insects and animals.10.Notification: Pursuant to 12 M.R.S. §12152 a person who possesses a restricted species shall immediately notify law enforcement officials of any escape of the regulated animal whether the species was legally permitted or illegally possessed without a permit. The permit holder may also be subject to "cost of recovery" as described in 7.13.11.Handling Techniques: Handling of wildlife must be done as expeditiously and carefully as possible and in such a way as to avoid unnecessary discomfort, behavioral stress, or physical harm to the animal. Where permitted, handling of wildlife in public settings or displayed in advertising materials must demonstrate professional techniques and methods that consider public health and safety, the welfare of the animal, and an awareness of disease or parasite transmission.09-137 C.M.R. ch. 7, § 10