Conn. Agencies Regs. § 26-55-6 – Importation, possession or liberation of wild birds, mammals, reptiles, amphibians and invertebrates

Sec. 26-55-6. Importation, possession or liberation of wild birds, mammals, reptiles, amphibians and invertebrates

(a) Definitions. As used in this section:
1. (1) "Aquarium" means a facility accredited by the Association of Zoos and Aquariums, or the Alliance of Marine Mammal Parks and Aquariums;
2. (2) "Category One Wild Animal" means, notwithstanding changes in taxonomic nomenclature, any wild animal, gamete or hybrid of any of the following:
  1. (A) A member within the family Felidae (including, but not limited to, lion, leopard, cheetah, jaguar, ocelot, jaguarundi cat, puma, lynx and bobcat) except Bengal cat pursuant to section 26-40a of the Connecticut General Statutes;
  2. (B) A member within the family Canidae (including, but not limited to, wolf and coyote);
  3. (C) A member within the family Ursidae (including, but not limited to, black bear, grizzly bear and brown bear); or (D) A member within the family Hominidae (including, but not limited to, gorilla, chimpanzee and orangutan);
3. (3) "Category Two Wild Animal" means any wild animal, gamete, or hybrid thereof, as follows:
  1. (A) That is not a Category One Wild Animal; and(B) That is, notwithstanding changes in taxonomic nomenclature:
(i) A species referenced as injurious wildlife in 50 CFR 16.11,(ii) A member within the family Elephantidae (including, but not limited to, African elephant),(iii) A member within the order Primate (including, but not limited to, capuchin, macaque, lemur and marmoset), (iv) Wolverine (Gulo gulo),(v) A member within the family Hyaenidae (including, but not limited to, brown hyaena, spotted hyaena, striped hyaena and aardwolf), (vi) A member within the genus Dendrolagus (including, but not limited to, tree kangaroos),(vii) A member within the genus Dorcopsis (including, but not limited to, dorcopsis and New Guinea forest wallabies), (viii) A member within the genus Dorcopsulus (including, but not limited to, lesser forest wallaby), (ix) A member within the genus Lagorchestes (including, but not limited to, hare-wallabies),(x) A member within the subgenus Osphranter (including, but not limited to, red kangaroo),(xi) A member within the subgenus Macropus (including, but not limited to, gray kangaroo);
1. (xii) A member within the genus Onychogalea (including, but not limited to, nail-tailed wallaby), (xiii) A member within the genus Petrogale (including, but not limited to, rock wallaby),(xiv) Quokka (Setonix brachyurus), (xv) A member within the genus Thylogale (including, but not limited to, pademelons),(xvi) Swamp wallaby (Wallabia bicolor);
2. (xvii) A member within the family Viveridae (including, but not limited to, civets, genets, binturong, linsangs), (xviii) A member within the family Herpestidae (including, but not limited to, mongooses, meerkats), (xix) A member within the family Dasypodidae (including, but not limited to, armadillos),(xx) A member within the family Mephitidae (including, but not limited to, striped skunk),(xxi) A member within the family Procyonidae (including, but not limited to, common raccoon),(xxii) A member within the suborder Suiformes (including, but not limited to, wild boar, warthog, hippopotamus, and peccary), (xxiii) A member within the order Chiroptera (bats),(xxiv) A member within the family Rhinocerotidae (rhinoceros),(xxv) A member within the order Rodentia, except for guinea pig (Cavia porcellus), gerbil (Meriones unguiculatus), chinchilla (Chinchilla lanigera), rat (Rattus norvegicus), mouse (Mus musculus), hamster (Mesocricetus auratus), dwarf hamster (genera Phodopus and Cricetulus), Patagonia mara (Dolichotis patagonum) and American beaver (Castor canadensis), (xxvi) Mute swan (Cygnus olor),(xxvii) Monk parakeet (Myiopsitta monachus),(xxviii) A member within the order Crocodylia (including, but not limited to, alligator, crocodile and caiman), (xxix) A member within the family Elapidae (including, but not limited to, cobra, coral snake, mamba, sea snake and sea krait), (xxx) A member within the family Viperidae (including, but not limited to, copperhead, rattlesnake, cottonmouth, adder, viper, pit viper and night adder), (xxxi) Northern African python (Python sebae), Southern African python (Python natalensis), reticulated python (Python reticulates) and amethystine python (Morelia amethistina), (xxxii) Green or common anaconda (Eunectus murinus), yellow anaconda (Eunectus notaeus) and Bolivian anaconda (Eunectus beniensis), (xxxiii) A member within the genera Boiga, Thelotornis, Enhydris, Dispholidus, Clelia, Rhabdophis, Hydrodynastes, Philodryas or Malpolon (including, but not limited to, mangrove snake, false cobra, cat-eyed snake, false water snake, African boomslang, vine snake, twig snake and bird snake), (xxxiv) A member within the family Helodermatidae (including, but not limited to, Gila monster and beaded lizard), (xxxv) Nile monitor (Varanus niloticus), water monitor (Varanus salvator), black-throated monitor (Varanus a. ionidesi), white-throated monitor (Varanus a. albigularis) or crocodile monitor (Varanus salvadorii), or (xxxvi) Komodo dragon (Varanus komodoensis);
3. (4) "Category Three Wild Animal" means any wild animal, gamete, or hybrid thereof, as follows:
  1. (A) That is not a Category One, Category Two or Category Four Wild Animal; and(B) That is, notwithstanding any changes to taxonomic nomenclature:
(i) A member within the family Cervidae (including, but not limited to the, white-tailed deer, elk, red deer and sika), (ii) American beaver (Castor canadensis), (iii) A member within the family Mustelidae (including, but not limited to, short-tailed weasel, long-tailed weasel, mink, fisher, otter and marten), (iv) Harbor seal (Phoca vitulina),(v) American black duck (Anas rubripes), lesser scaup (Aythya affinis), greater scaup (Aythya marila), canvasback (Aythya valisineria), long-tailed duck (Clangula hyemalis), hooded merganser (Lophodytes cucullatus), white-winged scoter (Melanitta fusca), black scoter (Melanitta nigra), surf scoter (Melanitta perspicillata) and common merganser (Mergus merganser), (vi) Ruffed grouse (Bonasa umbellus),(vii) Chimney swift (Chaetura pelagica) and ruby-throated hummingbird (Archilochus colubris),(viii) Spotted sandpiper (Actitis macularius), sanderling (Calidris alba), semipalmated sandpiper (Calidris pusilla), willet (Tringa semipalmata), American woodcock (Scolopax minor), ruddy turnstone (Arenaria interpres) and black skimmer (Rynchops niger), (ix) Great blue heron (Ardea herodias), green heron (Butorides virescens) and black-crowned night-heron (Nycticorax nycticorax), (x) Belted kingfisher (Ceryle alcyon),(xi) Yellow-billed cuckoo (Coccyzus americanus) and black-billed cuckoo (Coccyzus erythropthalmus),(xii) Cooper's hawk (Accipiter cooperii), northern goshawk (Accipiter gentilis), red-shouldered hawk (Buteo lineatus), osprey (Pandion haliaetus) and rough-legged hawk (Buteo lagopus), (xiii) Red-throated loon (Gavia stellata),(xiv) Virginia rail (Rallus limicola), clapper rail (Rallus longirostris) and sora (Porzana carolina), (xv) Baltimore oriole (Icterus galbula) and orchard oriole (Icterus spurius),(xvi) Brown creeper (Certhia Americana),(xvii) Purple finch (Carpodacus purpureus),(xviii) Rose-breasted grosbeak (Pheucticus ludovicianus),(xix) Gray catbird (Dumetella carolinensis),(xx) Red-breasted nuthatch (Sitta canadensis),(xxi) Cliff swallow (Petrochelidon pyrrhonota), bank swallow (Riparia riparia) and northern rough-winged swallow (Stelgidopteryx serripennis), (xxii) Scarlet tanager (Piranga olivacea),(xxiii) Veery (Catharus fuscescens), hermit thrush (Catharus guttatus), gray-cheeked thrush (Catharus minimus), Swainson's thrush (Catharus ustulatus) and wood thrush (Hylocichla mustelina), (xxiv) Blue-gray gnatcatcher (Polioptila caerulea),(xxv) Golden-crowned kinglet (Regulus satrapa),(xxvi) Louisiana waterthrush (Seiurus motacilla), northern waterthrush (Seiurus noveboracensis), black-throated blue warbler (Dendroica caerulescens), bay-breasted warbler (Dendroica castanea), cerulean warbler (Dendroica cerulea), yellow-rumped warbler (Dendroica coronata), prairie warbler (Dendroica discolor), blackburnian warbler (Dendroica fusca), magnolia warbler (Dendroica magnolia), chestnut-sided warbler (Dendroica pensylvanica), Cape May warbler (Dendroica tigrina), black-throated green warbler (Dendroica virens), worm-eating warbler (Helmitheros vermivorum), black-and-white warbler (Mniotilta varia), ovenbird (Seiurus aurocapilla), American redstart (Setophaga ruticilla), blue-winged warbler (Vermivora pinus), Canada warbler (Wilsonia canadensis) and hooded warbler (Wilsonia citrina), (xxvii) Dark-eyed junco (Junco hyemalis), eastern towhee (Pipilo erythrophthalmus), field sparrow (Spizella pusilla) and indigo bunting (Passerina cyanea), (xxviii) Olive-sided flycatcher (Contopus cooperi), eastern wood-pewee (Contopus virens), least flycatcher (Empidonax minimus), willow flycatcher (Empidonax traillii), acadian flycatcher (Empidonax virescens), great crested flycatcher (Myiarchus crinitus) and eastern kingbird (Tyrannus tyrannus), (xxix) Yellow-throated vireo (Vireo flavifrons), warbling vireo (Vireo gilvus), white-eyed vireo (Vireo griseus) and blue-headed vireo (Vireo solitarius), (xxx) Marsh wren (Cistothorus palustris) and winter wren (Troglodytes troglodytes),(xxxi) Great cormorant (Phalacrocorax carbo),(xxxii) Northern flicker (Colaptes auratus) and pileated woodpecker (Dryocopus pileatus),(xxxiii) Horned grebe (Podiceps auritus) and red-necked grebe (Podiceps grisegena),(xxxiv) Great horned owl (Bubo virginianus), snowy owl (Bubo scandiacus), eastern screech owl (Megascops asio) and barred owl (Strix varia), (xxxv) Spotted turtle (Clemmys guttata),(xxxvi) Eastern racer (Coluber constrictor),(xxxvii) Diamond-backed terrapin (Malaclemys terrapin),(xxxviii) Fowler's toad (Bufo fowleri),(xxxix) Northern dusky salamander (Desmognathus fuscus),(xl) Gray treefrog (Hyla versicolor),(xli) Eastern newt (Notophthalmus viridescens), or(xlii) Wood frog (Rana sylvatica);
1. (5) "Category Four Wild Animal" means any wild animal or gamete thereof listed as endangered, threatened, or of special concern pursuant to section 26-306 of the Connecticut General Statutes;
2. (6) "Commissioner" means Commissioner of Energy and Environmental Protection(7) "Domestic animal" means any animal that humans have selectively bred in captivity to produce genetic changes affecting the temperament, color, conformation, or other attributes of the species to an extent that makes such animal unique and distinguishable from wild individuals of the species, and that has been raised in a life intimately associated with and advantageous to humans. "Domestic animal" does not include any wild animal raised in captivity, even over many generations, that has become accustomed to human interaction but that is still wild by nature;
3. (8) "Exhibitor" means a person or organization engaged in the showing, displaying, exhibiting or training of wild animals for the purpose of public viewing, and who meets the requirements of subsection (f) of this section;
4. (9) "Exhibitor registered with the United States Department of Agriculture" means an exhibitor who holds a Class C ("exhibitor's") license issued by the United States Department of Agriculture pursuant to the Animal Welfare Act (7 USC 54), and who holds a copy of the last inspection report signed and dated by the United States Department of Agriculture;
5. (10) "Hybrid" means any animal or egg that results from the combining of a gamete of a wild animal with a gamete of another species;
6. (11) "Import" or "importation" means bringing or causing to be transported into the state wild animals or eggs of such wild animals by any means;
7. (12) "Marine mammal park" means a facility accredited by the Alliance of Marine Mammal Parks and Aquariums;
8. (13) "Municipal park" means a facility publicly owned and operated by a municipality, and that is in the practice of displaying wild animals for public viewing;
9. (14) "Museum" or "Nature center" means an institution devoted to the procurement, care, study, and public display of wild animals and that meets the requirements of subsection (e) of these regulations;
10. (15) "Passive Integrated Transponder Tag" means a computer microchip attached to a wire antenna and encapsulated in a biologically inert glass capsule which, when passed through the electromagnetic field of a detector, transmits a unique identification code to the detector;
11. (16) "Public nonprofit aquarium" means an aquarium that is publically held and that has been issued a federal Determination Letter of exemption under section 50l(c)(3) or (13) of the Internal Revenue Code;
12. (17) "Research facility" or "Laboratory" means a facility maintained by a scientific or educational institution with documented works that relate to branches of systemized knowledge including, but not limited to, zoology, botany, ecology, wildlife management, fisheries management, medicine, psychology or veterinary medicine;
13. (18) "Research facility registered with the United States Department of Agriculture" or "Laboratory registered with the United States Department of Agriculture" means a research facility or laboratory that holds a Class C ("exhibitor's") license issued by the United States Department of Agriculture pursuant to the Animal Welfare Act (7 USC 54) and that holds a copy of the last inspection report signed and dated by the United States Department of Agriculture;
14. (19) "School" means kindergarten and grades one to twelve, inclusive;
15. (20) "Veterinarian" means a person licensed to practice veterinary medicine, surgery or dentistry pursuant to the provisions of chapter 384 of the Connecticut General Statutes;
16. (21) "Wild animal" means any bird, mammal, reptile, amphibian, or invertebrate that is, or historically has been found, in the wild or in the wild state, and that is not otherwise a domestic animal; and (22) "Zoo" means a facility accredited by the Association of Zoos and Aquariums or the Zoological Association of America.
(b) Prohibitions and Exemptions.
1. (1) No person, except a municipal park, zoo, public nonprofit aquarium, nature center, museum, exhibitor licensed or registered with the United States Department of Agriculture, laboratory registered with the United States Department of Agriculture, or research facility registered with the United States Department of Agriculture, shall import or possess any Category One Wild Animal.
2. (2) A person authorized to import or possess a Category One Wild Animal as provided in subdivision (1) of this subsection shall not allow such animal to be accessible for handling by the general public.
3. (3) No person, except a veterinarian for purposes of treatment and care, a municipal park, zoo, marine mammal park, aquarium, nature center, museum, exhibitor, laboratory or research facility, shall import or possess any Category Two Wild Animal.
4. (4) No person, except a municipal park, zoo, marine mammal park, aquarium, nature center, museum, exhibitor, laboratory, research facility or school, or any person otherwise authorized pursuant to section 26-40, 26-54, 26-57 or 26-67e of the Connecticut General Statutes, shall import or export any Category Three Wild Animal.
5. (5) No person shall import or possess any Category Four Wild Animal unless such person has been issued a permit pursuant to subsection (d) of this section.
6. (6) No person shall liberate any wild animal except as provided pursuant to sections 26-48, 26-48a, 26-49, 26-51, 26-52, 26-54, 26-60 or 26-67e of the Connecticut General Statutes, or subsection (d) of this section.
7. (7) A primate that weighs less than thirty-five pounds at maturity and that was legally possessed by a person in this state on or before October 1, 2003 may continue to be possessed by such person provided such person complies with the provisions of subsection (c) of this section.
(c) Registration and Transfer of Primates.
1. (1) Registration. A primate that weighs less than thirty-five pounds at maturity and that was legally possessed by a person in this state on or before October 1, 2003 may continue to be possessed by such person provided such person registers such primate in accordance with the provisions of this subdivision. Such registration shall include proof of legal possession prior to October 1, 2003, a detailed physical description and photographs of such primate, and descriptions and photographs of the enclosure in which such primate is kept. All required information shall be submitted on or before December 31, 2012 on forms provided by the Department of Energy and Environmental Protection. A registrant shall:
  1. (A) Keep and handle a registered primate in such a manner as to prevent the possibility of loss, breeding with other animals, or injuring persons or other animals;
  2. (B) Maintain a plan for the recapture or destruction of any such registered primate in the event of loss;
  3. (C) Immediately notify the Department of Energy and Environmental Protection and the local law enforcement agency in the event such registered primate is lost or injures a person or other animal;
  4. (D) Maintain a plan for the maintenance or disposition of such registered primate in the event of the owner or keeper's absence, illness, or death;
  5. (E) Maintain complete and accurate records that identify:
(i) The species, sex, age, and lineage of such registered primate,(ii) Date of birth and acquisition of such registered primate,(iii) If applicable, the name and address of any person who has previously possessed such primate and date of transfer, and (iv) The date of the death, loss or transfer to another person of such registered primate;
1. (F) If required by the commissioner, uniquely identify such primate with a passive integrated transponder tag administered by a veterinarian;
2. (G) Not breed or liberate a primate registered pursuant to this subdivision; and(H) Maintain the records required pursuant to this subdivision in chronological order, for a minimum of five years after the date of death, loss, or transfer of such registered primate and make such records available for inspection at any reasonable time upon request of the commissioner or the commissioner's designee.
3. (2) Such registered primate may be transferred to another individual provided that the recipient has and maintains an adequate enclosure that prevents the possibility of loss or breeding with other animals, the transfer is registered with the Department of Energy and Environmental Protection, and the transferee meets all requirements set forth in this subsection.
4. (3) Registered primates may be transferred to a municipal park, zoo, marine mammal park, aquarium, nature center, museum, exhibitor, laboratory or research facility, provided the transfer is registered with the Department of Energy and Environmental Protection.
5. (4) The registrant shall immediately notify the Department of Energy and Environmental Protection upon the death of a registered primate.
6. (5) The registrant shall update the Department of Energy and Environmental Protection concerning the status of such registered primate when requested by the commissioner.
7. (6) Upon adequate notice, the registrant shall allow a representative of the Department of Energy and Environmental Protection to inspect such registered primate and the enclosure in which such primate is kept.
(d) Permit Duration and Revocation.
1. (1) The commissioner may, upon receipt of an application, issue a permit authorizing the importation and possession of a Category Four Wild Animal, as follows:
  1. (A) The duration of an importation or possession permit shall be for the life of the specific wild animal listed on the permit;
  2. (B) An importation and possession permit is not transferable; and(C) The commissioner may at any time revoke, in accordance with the provisions of the Uniform Administrative Procedure Act, an importation or possession permit for failure by the permittee to comply with the terms of a permit or any statute or regulation governing importation or possession of wild animals.
2. (2) The commissioner may, upon receipt of an application, issue a permit authorizing the liberation of wild animals. The commissioner may prescribe the location and time of year such liberation may occur.
(e) Museums and Nature Centers. In order to qualify for the exemptions provided in subsection (b) of this section, the operator of a museum or nature center shall meet the following minimum requirements:
1. (1) For purposes of importing or possessing mammals, holds a Class C ("exhibitor's") license issued by the United States Department of Agriculture pursuant to the Animal Welfare Act (7 USC 54), and a copy of the last inspection report signed and dated by the United States Department of Agriculture;
2. (2) Holds municipal, state, or federal permits or licenses required to possess wild animals;
3. (3) Complies with all applicable laws of the municipality in which the housing facility is located;
4. (4) Accommodates a minimum of 5,000 visitors to the facility annually;
5. (5) Has regularly scheduled hours open to the public consisting of a minimum of 28 hours per week, and eight months within a calendar year;
6. (6) Maintains the wild animal under conditions that give the owner or keeper exclusive control over it at all times as to prevent loss or risk of injury to the public;
7. (7) Maintains a housing facility consistent with design standards established pursuant to the United States Animal Welfare Act (7 USC 54) and complies with state and local health and building codes;
8. (8) Maintains liability insurance of a least $1 million;
9. (9) Maintains a plan for the recapture or destruction of any such wild animal in the event of loss;
10. (10) Maintains a plan for the maintenance or disposition of all wild animals in the event of the owner or keeper's absence, illness, or death;
11. (11) Maintains complete and accurate records for each wild animal in its possession which identify:
  1. (A) The species, sex, age, and lineage of each wild animal;
  2. (B) Date of birth and acquisition of each wild animal;
  3. (C) If applicable, the name and address of any person who has previously possessed the wild animal and date of transfer; and (D) The date of the death, loss or transfer to another person of each wild animal; and Maintains records required by this subsection in chronological order, for a minimum of five years after the date of death, loss, or transfer of any wild animal and makes such records available for inspection at any reasonable time upon request of the commissioner or the commissioner's designee.
(f) Exhibitors. In order to qualify for the exemptions provided in subsection (b) of this section, an exhibitor shall meet the following minimum requirements:
1. (1) For purposes of importing or possessing mammals, holds a Class C ("exhibitor's") license issued by the United States Department of Agriculture pursuant to the Animal Welfare Act (7 USC 54), and a copy of the last inspection report signed and dated by the United States Department of Agriculture;
2. (2) Holds all municipal, state, or federal permits or licenses required to possess wild animals;
3. (3) Complies with all applicable laws of the municipality in which the housing facility is located;
4. (4) Has conducted public programs involving the exhibition of the wild animals subject to this section and in the exhibitor's possession, and maintains documentation thereof. Such public programs shall meet the following criteria:
  1. (A) Fifty programs or before 1,000 attendees within the first two years of possession of a Category One or Two Wild Animal, or, in the case of mammals, attaining a Class C license as described in subdivision (1) of this subsection; and (B) Fifty programs or before 1,000 attendees in the third year of possession of a Category One or Two Wild Animal, or, in the case of mammals, attaining a Class C license, as described in subdivision (1) of this subsection, and in each calendar year thereafter;
5. (5) Maintains the wild animal under conditions that give the owner or keeper exclusive control over them at all times as to prevent loss or risk of injury to the public;
6. (6) Maintains a housing facility consistent with the design standards established pursuant to the United States Animal Welfare Act (7 USC 54) and compliant with state and local health and building codes;
7. (7) Maintains liability insurance of a least $1 million;
8. (8) Maintains a plan for the recapture or destruction of any such wild animal in the event of loss;
9. (9) Maintains a plan for the maintenance or disposition of all wild animals in the event of the owner or keeper's absence, illness, or death;
10. (10) Maintains documentation to verify a minimum of one year of practical husbandry or a minimum of 300 hours of formalized training or apprenticeship in the care, feeding, handling and husbandry of the species to be possessed or of another species that is substantially similar to the species to be possessed in size, characteristics, care and nutritional requirements. A Bachelor of Science or higher degree in a relevant biological science, obtained at an accredited institution of higher learning, may be substituted for 150 hours of apprenticeship. Documentation shall consist of:
  1. (A) A description of the specific experience acquired;
  2. (B) The date and time the experience was obtained and the specific locations where acquired; and (C) A minimum of two references from a professional organization or governmental institution such as a university, zoological association, or federal agency;
11. (11) Has not been convicted of violating wild animal laws or regulations of any state, the federal government or other country pertaining to the importation, possession, liberation, or welfare of wild animals;
12. (12) Maintains complete and accurate records for each wild animal in its possession which identify:
  1. (A) The species, sex, age, and lineage of each wild animal;
  2. (B) Date of birth and acquisition;
  3. (C) If applicable, the name and address of any person who has previously possessed the wild animal and date of transfer; and (D) The date of the death, loss or transfer to another person of each wild animal; and(13) Maintain records required by this subsection in chronological order, for a minimum of five years after the date of death, loss, or transfer of any wild animal and shall make such records available for inspection at any reasonable time upon request of the commissioner or the commissioner's designee.
(g) Notification Requirement. Any person possessing a Category One or Two Wild Animal who loses such wild animal shall notify the Department of Energy and Environmental Protection upon becoming aware of the loss.
(h) Disease Reporting and Prevention.
1. (1) Any person who possesses a wild animal showing any symptoms of illness within six weeks of the importation of such wild animal shall, not later than twenty-four hours after recognition of such symptoms, file a report with the commissioner on a form prescribed by the commissioner. The commissioner may require that any wild animal imported into the state that shows symptoms of illness or disease be quarantined for a period of time to be determined by the commissioner.
2. (2) Any person who possesses a wild animal that continues to show symptoms of illness or disease during the quarantine period described in subdivision (1) of this subsection shall immediately have such animal taken to a licensed veterinarian for examination, or if the animal is dead, shall have such animal taken to an animal disease laboratory, or such other laboratory designated by the commissioner, for examination. Such person shall request that a copy of the animal disease laboratory's, or other laboratory's, findings be sent to the Department of Energy and Environmental Protection and the Department of Agriculture.

(Effective March 5, 2012)