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Reptiles requiring permits in Ma.

MassLawGeek Feb 11, 2012 03:23 PM

The state of Massachusetts has a list of reptiles requiring a permit. This list is in addition to the following reptiles which may not be kept without a permit:

Any animal listed in any category of the IUCN Red Data List
(this is currently undergoing a "clarification of order."
more on this in a later post).

Any category of federal endangered species law.
Any animal listed on the MA. endangered, threatened or special concern species list.

Many people are unaware that a document has been in existence for over twenty years that allows a person to obtain permits for the following families and species:

Chamaeleonidae
Green tree pythons
Emerald tree boas
Varanidae

This document is called the "Certification of Captive-birth for Non-Exempt Reptiles and Amphibians" and is available on the Massachusetts Reptile Expo Facebook page. Feel free to copy and paste. It's under "wall photos" about a third of the way down.

This document is available for a person who wishes to buy captive bred offspring of a "permit-required" species. The document is filled out by the person who wishes to obtain an animal and also by the vendor of the desired animal. By filling out the form, the vendor certifies that the animal they are selling to this customer is captive-bred.

It works like this: you go to a reptile expo in NH and see baby Savannah monitor lizards for $25.00. You present the document to the vendor of these animals and request that he fill it out. You then submit this form to the address on the form and a permit will be issued based on the accuracy of the information on the form.

You may NOT obtain an animal and then request a permit for it. You must already have the permit in hand when making your purchase. This becomes cumbersome and problematic while shopping for a particular animal at a reptile expo. The tendency is to make the purchase right away because you're seeing the animal you want. The proper way to get the animal you want without violating the law would be to come to an arrangement with the vendor and put a deposit down on the animal or purchase it outright and have the vendor hang onto it until you have your permit. Some vendors may not agree to do this, unfortunately.

This document works best with internet purchases, where certain breeders advertise captive-bred stock several times per year. Via email, the potential customer can make the vendor aware of the need for a permit and the existence of the document. The customer can email the document to the vendor and the vendor can snail mail it back or create a pdf. file already filled out and email it back to the customer for their permit.

You CANNOT use this document for certain reptiles such as reticulated pythons, Rock pythons, Anacondas, venomous animals or crocodilians. Keep in mind that recent federal laws will soon ban burmese pythons, both species of Rock pythons and the Yellow anaconda.

Permits for the animals listed in the above category are not impossible to get. The individual applying for a permit for one of these categories of reptile has the burden of making a case for ownership (what do you need this animal for?) to the state.

Division of Fisheries and Wildlife hearings on CMR (Code of Ma. Regulations) statue regulation changes are currently moving forward after four years of stagnation thanks to our Governor, Deval Patrick. You still need permits for your chameleons, green tree pythons, emerald tree boas and Spiny tailed monitor lizards thanks to him. No word as of yet when these animals will be removed from the restricted list.

Replies (5)

mpollard Feb 13, 2012 09:11 AM

"You CANNOT use this document for certain reptiles such as reticulated pythons, Rock pythons, Anacondas, venomous animals or crocodilians. Keep in mind that recent federal laws will soon ban burmese pythons, both species of Rock pythons and the Yellow anaconda."

To clarify, the Lacey Act listing will not ban ownership or intrastate sales, only the import/export and interstate transportation without a permit. Right?

Mark

KLANCEY Feb 13, 2012 03:58 PM

I think what he was referring to is that Massachusetts has certain animals that are completely banned and those that are banned unless you obtain a permit to keep them. Those particular species of snakes are completely banned in Ma. and have been for quite some time now.

KL

MassLawGeek Feb 18, 2012 12:21 PM

>>I think what he was referring to is that Massachusetts has certain animals that are completely banned and those that are banned unless you obtain a permit to keep them. Those particular species of snakes are completely banned in Ma. and have been for quite some time now.
>>
>>KL

On March 23, the Injurious Wildlife Lacey Act listing of the four species )burmese, n & s african rock python and yellow anaconda) will take effect.

http://www.fws.gov/verobeach/ConstrictorSnakeListing_QA.html

However, permits have been issued in the past for these species(retics and rock pythons), including certain venomous animals, by the MDFW. The potential owner has to make their case to DFW as to why they want to work with the animal in question. If the DFW thinks the reason is acceptable, permits have been issued.

Of course, the new federal law takes the four species mentioned in the Injurious Wildlife/Lacey Act listing off the table for good at the state level.

MassLawGeek Feb 13, 2012 10:17 PM

>>"You CANNOT use this document for certain reptiles such as reticulated pythons, Rock pythons, Anacondas, venomous animals or crocodilians. Keep in mind that recent federal laws will soon ban burmese pythons, both species of Rock pythons and the Yellow anaconda."
>>
>>To clarify, the Lacey Act listing will not ban ownership or intrastate sales, only the import/export and interstate transportation without a permit. Right?
>>
>>Mark

>>I think what he was referring to is that Massachusetts has certain animals that are completely banned and those that are banned unless you obtain a permit to keep them. Those particular species of snakes are completely banned in Ma. and have been for quite some time now.
>>
>>KL

The latest Injurious Wildlife listing under the Lacey Act involving the two species of rock python, burmese and yellow anaconda will mean that no new importations into any state will occur of these species. Only those animals currently residing in each individual state can be maintained, purchased and sold WITHIN EACH RESPECTIVE STATE. No interstate sales, no import or export. It does not ban possession. States (when the law goes into effect) will not have authority to issue new permits for any of these four species. That authority will rest with the federal government.

KLANCEY Feb 14, 2012 08:28 AM

If I'm not mistaken, I believe those species of constrictors were already completely banned in Ma. and no permits were given for them.

KL

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