Reptile & Amphibian Forums

Do I need a permit for keeping and breeding CAPTIVE BRED bog turtles in Massachusetts? According to MassWildLife's exemption list document at http://www.state.ma.us/dfwele/dfw/CMR/dfw_cmr_900.htm, it says the following,

(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).

Now bog turtles are not listed as an exception, so does this mean a permit is not required to keep and breed them?

Bog turtles are listed as federally threatened. Which means at the very LEAST you're gonna need a Captive Bred Wildlife Permit from the USFWS. If bog turtles are native to MA, you're also gonna need to get a permit for them there too b/c I gaurantee they're at least threatened(b/c they're threatened federally).

Since these are captive bred (I'm assuming from legally held animals), I think the Federal Permit is only required if they are being obtained from outside of Massachussetts and transported across state lines for sale, trade or barter.

The Northern Population is considered Threatened in New York, Massachussetts and Connecticut by the USFWS and is listed as such on Appendix II. The Southern Population (which extends to extreme North Georgia) is not considered Threatened by the USFWS, but is afforded protected status under the Federal Endangered Species Act as a similar population to the one listed as Threatened. Since it is also listed as Endangered by the State of Massachussetts, a permit from that State will certainly be required to keep them or possess them in the state. It is also listed as Threatened by the State of Georgia, interestingly enough, and I would assume that it is similarly listed in every other state where it occurs.

The following link:

www.api4animals.org/doc.asp?ID=353

will explain the rules for issuance of Special Propagation Permits for Protected Species. In there, under the title : Categorical Non-exemptions, you will find reference to 321 CMR 10.60.

That statute can be found at this link:

www.state.ma.us/dfwele/dfw/nhesp/nhrare.htm

The way I read it is that they will not exempt Bog Turtles since they are found listed as Endangered by the State of Massachussetts on the list provided at 321 CMR 10.60. You may want to call the Massachussetts Fish and Game folks for clarification.