321 CMR 9:00 EXEMPTION LIST

9.01 Exemption List
9.02 List of Domestic Animals

9.01: Exemption List.

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.

(2) Definitions. For the purposes of 321 CMR 9.01 and unless the context requires otherwise, the following words or phrases shall have the following meanings:

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, 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-erpetuating through the production of viable offspring and can include any subspecies or variety of vertebrate animal.

(3) Categorical Non-exemptions: No species in any of the following categories may be exempted:

(a) Threatened or endangered species listed pursuant to the U.S. Endangered Species Act of 1973, as amended.
(b) Species listed in the Red Book(-s) of the International Union for the Conservation of Nature.
(c) Species appearing on the Massachusetts list of endangered, threatened, and special concern species at 321 CMR 10.90.

(4) Exemption Criteria: Animals exempted below are believed to meet the following criteria:

(a) Accidental release of the fish, amphibian, reptile, bird, or mammal will not result in an adverse effect on the ecology of the state.
(b) The animal in captivity, or escaped therefrom, poses no substantial danger to humans, either by injury or disease.
(c) Proper care of the animal is no more demanding in any major respect than proper care of domestic animals.
(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.

(5) Sources of Acquisition. Except as provided in 321 CMR 3.05, exempt animals may be obtained from the following sources only:

(a) lawfully propagated within Massachusetts, or
(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.

(8) List of Fish. All aquarium trade fish may be kept without a permit except species categorically non-exempt pursuant to 321 CMR 9.01(3), and except that the following species are prohibited without a permit:

(a) Grass Carp or White Amur (Ctenopharyngodon idella)
(b) Piranha (Pygocentrus spp. and Serrasalmus spp.)
(c) Rudd (Scardinius erythrophthalmus)
(d) Walking Catfish (Clarias spp. and all members of the family Clariidae).

Notwithstanding the above, the fathead minnow (Pimephales promelas) and the bluntnose minnow (Pimephales notatus) 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).

(10) List of Reptiles.

(a) Turtles: all species of turtles may be kept without a permit, except:

1. species categorically non-exempt pursuant to 321 CMR 9.01(3).
2. Argentina or Chaco Tortoise (Geochelone chilensis).
3. Gopher tortoises (Gopherus polyphemus) and all other species in the genus Gopherus.
4. Pancake Tortoise (Malacochersus tornieri).
5. Spotted Turtle (Clemmys guttata).

(b) Snakes: All venomous snakes require a permit. The following snakes may be kept without a permit:

1. All species of boas and pythons (family Boidae), except those species categorically non-exempt pursuant to 321 CMR 9.01(3), and except the Emerald Tree Boa (Corallus caninus), Green Tree Python (Chondropython spp.), African Rock Python (Python sebae), Reticulated Python (Python reticulatus) and all species of Anaconda (Eunectes spp.), which require a permit.

2. Shield-tailed Snakes, Sunbeam Snakes, and others in the families Uropeltidae and Xenopeltidae.

3. Worm Snakes, Thread Snakes, and others in the families Typhlopidae, Leptotyphlopidae, and Anomalepidae.

4. Snakes of the family Colubridae, as follows:

Asian Rat Snakes (Elaphe spp. and Ptyas spp. and Zaocys spp.)
Bogetophis spp.
Brown and Redbelly Snakes (Storeria spp.)
Diadem Snakes (Spalerosophis spp.)
Garter and Ribbon Snakes (Thamnophis spp.)
Glossy Snakes (Arizona spp.)
Gopher and Pine Snakes (Pituophis spp.)
Green Snakes (Opheodrys spp.)
Ground Snakes (Sonora spp.)
House Snakes (Boaedon [Lamprophis] spp.)
Kingsnakes and Milk Snakes (Lampropeltis spp.)
North American Rat Snakes (Elaphe spp.) except the Black Rat Snake (E.o. obsoleta other than albinistic and leucistic individuals) which requires a permit.
Pseudaspis spp.
Pseustes spp.
Texas Indigo Snake (Drymarchon corais erebennus)
Tropical Rat Snakes (Spilotes spp.)
Water Snakes (Nerodia [Natrix] spp.)
Western Hognose Snake (Heterodon nasicus)

(c) Lizards: All chameleons (Chameontidae), the Gila Monster and Beaded Lizard
(Heloderatidae), and all Monitors (Varanidae) require a permit. The following lizards may be kept without a permit:

1. All Skinks (Scincidae) except for the following which require a permit:
Species categorically non-exempt pursuant to 321 CMR 9.01(3).
Florida Sand Skinks (Neoseps spp.)
Solomon Island Ground Skink (Tribolonotus spp.)

2. The following Girdle-tailed Lizards (Cordylidae) may be kept without a permit:
False Club-tailed Lizards (Pseudocordylus spp.)
Girdle-tailed Lizards (Cordylus spp.)
Plated Lizards (Gerrhosaurus spp.)
Rock Lizards (Platysaurus spp.)
Zonosaurus spp.

3. All Teiids (Teiidae) may be kept without a permit except for the following which require a permit:
Species categorically non-exempt pursuant to 321 CMR 9.01(3).
Brown Water Teiids (Neusticurus spp.)
Dicrodon spp.
Earless Teiids (Bachia spp.)
Rough Teiids (Echinosaura spp.)
Snake Teiids (Ophiognomon spp.)
Spectacled Teiids (Gymnophthalmus spp.)
Worm Teiids (Scolacosaurus spp.)

4. The following Lacertid Lizards (Lacertidae) may be kept without a permit:
Acanthodactylus spp.
Gallotia spp.
Lacerta spp.
Podarcis spp.
Psammodromus spp.

5. The following Lateral-fold Lizards (Anguidae) may be kept without a permit:
Alligator Lizards (Gerrhonotus spp.)
Glass Lizards (Ophisaurus spp.)
Slowworm (Anguis spp.)

6. All Gekkos (Gekkonidae) may be kept without a permit except:
Species categorically non-exempt pursuant to 321 CMR 9.01(3) and the Big Bend Gekko (Coleonyx reticulatus) which require a permit.

7. The following Iguanid Lizards (Iguanidae) may be kept without a permit:
Basilisks (Basiliscus spp.)
Collared and Leopard Lizards (Crotaphytus spp.)
Common or Green Iguanas (Iguana i. iguana)
False or Spring-tailed Iguanas (Ctenosaurus spp.)
Liolaemus spp.
New World Chameleons (Anolis spp. and Ctenotus spp.)
Spiny Lizards (Sceloporus spp.)
Tree and Bush Lizards (Urosaurus spp.)
Uranoscodon spp.
Zebra-tailed Lizards (Callisaurus spp.)

8. The following Agamid Lizards (Agamidae) may be kept without a permit:
Amphibolorus spp.
Calotes spp.
Hydrosaurus spp.
Pogona spp.
Water Dragon (Physignathus spp.)

9. Night Lizards (Xantusidae): All Night Lizards (Xantusia spp.) may be kept without a permit, except for the Utah Night Lizard (Xantusia virgilis utahensis)which requires a permit.

(11) List of Birds.

(a) The following groups of birds are prohibited without a permit:

1. Species categorically non-exempt pursuant to 321 CMR 9.01(3).
2. Migratory birds listed in the Code of Federal Regulations, 50 CFR 10.13.
3. Any other bird native to the United States and Canada.

(b) Except for species listed in 321 CMR 9.01(11)(a), the following birds or groups of birds may be kept without a permit:

1. Blue or Button Quail (Coturnix chinensis)
2. Columbidae (pigeons and doves)
3. Estrildidae (Waxbills and allies)
4. Fringillidae (Finches and allies)
5. Ploceidae (Weaver Finches except the Red-billed, Black-fronted, and Sudan Diochs) which require a permit.
6. Psittacidae (parrots and their allies)
7. Ramphastidae (Toucans, Aracaris, and Toucanets)
8. Sturnidae (Starlings and Mynahs, except the Rose-colored Starling (Pink Starling or Rosy Pastor) (Sturnus roseus) which requires a permit.

(12) List of Mammals.

(a) The following mammals may be kept without a permit:

1. Four-toed (African pygmy) hedgehog (Erinaceus albiventris) (=Atelerix pruneri)
2. Chinchilla (Chinchilla spp.) derived from captive stock
3. Deer Mouse and White-footed Mouse (Peromyscus maniculatus and P. leucopus)
4. Degu (Octodon degus)
5. Egyptian Spiny Mouse (Acomys cahirinus)
6. House Mouse (Mus musculus)
7. Jerboas (Dipus spp.)
8. Norway Rat (Rattus norvegicus)
9. Paca (Cuniculus spp.)
10. Southern Flying Squirrel (Glaucomys volans)
11. Striped hamster (Cricetulus barabensis), also known as the Chinese or Siberian dwarf hamster. NOTE: the golden hamster (Mesocricetus auratus) may be kept without a permit pursuant to 321 CMR 9.02.

Regulatory Authority: M.G.L. c. 131, § 23.

Last Revised: 7-14-06

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9.02: List of Domestic Animals.

(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).

(2) Exemptions, presumption, etc.

(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.

(b) Ferrets (Mustela furo or Mustela putorius furo) may be possessed, bought, and sold only in accordance with provisions of M.G.L. c. 131, § 77 and 321 CMR 2.07.

(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.

(3) List of Domestic Animals:

Birds:
Domestic geese derived from the greylag goose (Anser anser), including, but not restricted to, Emden goose, Gray African goose, Pilgrim goose, Sebastopol goose, and Toulouse goose.
Domestic geese derived from the swan goose (Anser cygnoides), including, but not restricted to, the African goose and the Chinese goose.
Domestic geese derived from the Egyptian goose (Alopochen aegyptiaca).
Domestic ducks derived from the Mallard (Anas platyrhinos), including, but not restricted to, Aylesbury duck, Blue Swedish duck, Buff duck, Cayuga duck, Crested White duck, English call duck, Indian runner duck, Pekin duck, and Roen duck.
Mallards (Anas platyrhinos) reared in captivity and properly marked in accordance with the provisions of the Code of Federal Regulations, 50 CFR 21.13.
Domestic muscovy derived from the Muscovy duck (Cairina moschata).
Common coturnix (Coturnix coturnix or C. japonica).
Domestic chicken (Gallus "domesticus") derived from the red junglefowl (Gallus gallus).
Peafowl (blue peafowl) (Pavo cristatus).
Domestic guineafowl derived from the helmet guineafowl (Numida meleagris).
Domestic turkey derived from the wild turkey (Meleagris gallopavo) and including breeds and varieties recognized by the American Poultry Association and the U.S. Department of Agriculture, but not including the wild turkey ferae naturae and captive or captive-bred individuals thereof and not including the pen-raised or game-farm non-standard variety "Wild Turkey".
Common pigeon (rock dove) derived from the blue rock pigeon (Columba livia).

Mammals:
Domestic dog (Canis familiaris)
Mink (Mustela vison) propagated in captivity for two or more generations pursuant to provisions of M.G.L. c. 128, § 8B.
Domestic cat (Felis catus)
Domestic ass (Equus asinus)
Domestic horse (Equus caballus)
Domestic swine (Sus domesticus), including breeds and varieties derived from the wild boar (Sus scrofa) but not including free-living or feral wild boars or wild swine.
Llama (Lama glama)
Alpaca (Lama pacos)
Dromedary (Camelus dromedarius)
Domestic water buffalo (carabao) (Bubalis bubalis)
Domestic cow (Bos taurus)
Domestic yak (Bos grunniens)
Zebu (Bos indicus)
Domestic goat (Capra hircus), including breeds and varieties derived from the wild goat or bezoar (Capra aegagrus).
Domestic sheep (Ovis aries)
Domestic hamster derived from the golden hamster (Mesocricetus auratus)
Mongolian gerbil (Meriones unguiculatus)
Laboratory rat, including breeds, varieties, and strains derived from the Norway rat (Rattus norvegicus)
Laboratory mouse, including breeds, varieties, and strains derived from the house mouse (Mus musculus)
Guinea pig (Cavia porcellus)
Domestic rabbit, including breeds, varieties, and strains derived from the European rabbit (Oryctolagus cuniculus) but not including the European rabbit ferae naturae and not including the so-called "San Juan" rabbit.

(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 and c. 140, § 161A.

Last Revised: 3-22-96

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Link to CMR 321 Table of Contents

Date Last Updated: August 16, 2006

Questions? Comments? Contact: MassWildlife at Mass.Wildlife@state.ma.us