§ 12 §12152 — Permit to possess wildlife in captivity

1.
Permit required.
1-A.
Permit required.
Except as otherwise provided in this Part, a person may not import wildlife into or possess wildlife in the State or receive or possess wildlife imported into the State. The department shall maintain a list of unregulated fish and wildlife species for which a permit under this section is not required that is available to the public. Each day a person violates this subsection that person commits a Class E crime for which a minimum fine of $50 and an amount equal to twice the applicable permit fee must be imposed. The commissioner may grant a permit to introduce, import, transport, receive or possess fish or gametes in accordance with the provisions of section 12509.
1-B.
Exemption.
Notwithstanding subsection 1‑A, a reptile, amphibian or invertebrate that is native to the State and not listed by the department as threatened or endangered or as a species of special concern may be captured from the wild in the State and possessed without a permit. Possession limits for each species are as follows:
2.
Affected species.
Except as otherwise provided in this Part, this section applies to the possession of any wildlife regulated by the State that is held in captivity and to the importation of wildlife from an area outside the State, including:
3.
Issuance.
The commissioner may issue a permit to a person permitting the introduction, importation, possession and use of wildlife in accordance with the provisions of subsection 5.
3-A.
Restrictions.
A permit issued pursuant to this section does not authorize the permittee to:
3-B.
Application fees.
3-C.
Issuance for unpermitted wildlife.
The commissioner may issue a permit under this section to a person who possesses wildlife without a permit for which a permit is required if the possession would have been allowed had the person applied for a permit before importing or possessing the wildlife. A person issued a permit under this subsection must pay a fee of $500 in addition to the applicable application fee and permit fee. A person issued a permit under this subsection may not be charged with a penalty under section 12151. The commissioner may issue a notice of corrective action to a person issued a permit under this subsection informing the person of the requirement to fully comply with application and permit conditions and that failure to comply may result in denial of future permits.
3-D.
Permit types; application fees; permit fees.
An applicant for a permit under this section shall submit a written application on a form specified by the commissioner. The application must be accompanied by the applicable nonrefundable application fee. The following permits may be issued by the commissioner:
4.
Permit fees.
4-A.
Renewal.
A permit holder who wishes to renew a permit issued under this section must renew the permit prior to its expiration date. The department may assess a late fee of $25, in addition to the required permit fee, to a person who does not renew a permit prior to its expiration date.
5.
Rules.
The commissioner may adopt rules necessary for the administration of this section, including provisions to ensure that all wildlife possessed under these permits receives humane treatment and proper husbandry and security, and to safeguard the interests of the wildlife and citizens of the State. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A. Rules adopted may include but are not limited to rules that:
6.
Additional permit requirements.
In addition to the provisions adopted under subsection 3, the commissioner may assign permit conditions or requirements designed to mitigate potential impacts or risks that may arise from the possession of specific wildlife species or to ensure the humane treatment or proper husbandry for specific species.
7.
Escaped wildlife prohibition; penalty.
The following provisions apply to escaped wildlife.

Legislative History

PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §B201 (AMD). PL 2003, c. 655, §B422 (AFF). PL 2005, c. 12, §III22 (AMD). PL 2005, c. 117, §2 (AMD). PL 2015, c. 301, §27 (AMD). PL 2015, c. 374, §§5-10 (AMD). PL 2015, c. 494, Pt. A, §8 (AMD). PL 2017, c. 205, §§14-19 (AMD). PL 2017, c. 285, §2 (AMD). PL 2019, c. 355, §6 (AMD). PL 2019, c. 501, §9 (AMD). PL 2019, c. 639, §7 (AMD). PL 2019, c. 652, §1 (AMD). PL 2021, c. 65, §§3, 4 (AMD).