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.
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.
(c) Species appearing on the Massachusetts list of endangered, threatened, and special concern species at 321 CMR 10.90.
(d) Trade in the fish, bird, mammal, reptile or amphibian has no significant adverse effect on the wild population of such animal in any of its native habitats.
(b) lawfully taken or lawfully propagated without Massachusetts, provided that the export, sale, or exchange of such animals is lawful in the state or country in which animals are taken or propagated.
(6) Liberation. No person shall liberate or cause to be liberated any exempt animal, except in accordance with a liberation permit issued pursuant to 321 CMR 2.15.
(7) Quarantine. Notwithstanding the provisions of 321 CMR 9.01(1), the Director may examine, quarantine and destroy exempt animals and may restrict or prohibit the importation thereof in accordance with the provisions of M.G.L. c. 131, §§ 19, 19A, 25A, and 25B, and the penalty for violation of such quarantine shall be as provided in M.G.L. c. 131, § 25C.
(d) Walking Catfish (Clarias spp. and all members of the family Clariidae).
Notwithstanding the above, the fathead minnow (Pimephales promelas) may be kept without a permit as a pet or for sale as a pet, but require a permit when sold as bait fish pursuant to 321 CMR 4.09.
(9) List of Amphibians. All amphibians may be kept without a permit except species categorically non-exempt pursuant to 321 CMR 9.01(3).
(1) Definitions: For the purposes of 321 CMR 9.02, the following words or phrases shall have the following meanings.
Director means the Director of the Massachusetts Division of Fisheries and Wildlife or his agent.
Domestic Animals means only those animals listed in 321 CMR 9.02(3), except as provided in 321 CMR 9.02(2)(d).
(a) Domestic animals as listed in 321 CMR 9.02(3) shall be exempt from the provisions of M.G.L. c. 131, § 23, and may be possessed, propagated, maintained, imported, bought, sold, or otherwise disposed of, provided that such is not contrary to any local, state, or federal law.
(c) Any vertebrate taxa not listed in 321 CMR 9.02 shall be presumed to be wild and shall be subject to the provisions of M.G.L. c. 131.
(d) This list of domestic animals shall be in addition to the list of exempt wild animals established pursuant to 321 CMR 9.01.
(e) Hybrids between or among wild mammals and domestic mammals, except for wild canid and wild felid hybrids, shall be considered domestic animals. Wild canid and wild felid hybrids shall be subject to the provisions of M.G.L. c. 131, § 77A.
(4) Quarantine. Notwithstanding the provisions of 321 CMR 9.02(2), the Director may examine, quarantine, and destroy domestic animals and may restrict or prohibit the importation thereof in accordance with provisions of M.G.L. c. 131, §§ 19A and 25A-25B.
(5) Penalties. The penalties for violation of a quarantine as provided in 321 CMR 9.02(4) shall be as provided in M.G.L. c. 131, § 25C.
(6) Liberation. No person shall liberate or cause to be liberated any domestic animal, except for the liberation and recapture of homing or racing pigeons.
(7) Reimbursement of Damages. For the purposes of reimbursement of damages pursuant to M.G.L. c. 140, § 161A, wild birds and mammals held by a person in compliance with M.G.L. c. 131, § 23 and 321 CMR 2.12 shall be considered domestic live stock or fowl.
(8) Other Laws. 321 CMR 9.02 is in addition to other applicable statutes including, but not limited to, M.G.L. c. 59, § 8A; M.G.L. c. 64H, § 6(p); M.G.L. c. 128, § 1A; M.G.L. c. 129; M.G.L. c. 131; and M.G.L. c. 140, and shall be construed consistently therewith.
Regulatory Authority: M.G.L. c. 131, §§ 23; c. 140, §§ 161A.