321 CMR, § 9.02

Current through Register 1538, January 3, 2025

Section 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 hog (Sus scrofa) but not including captive European wild hog, or free-living or feral wild hogs 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.

321 CMR, § 9.02

Regulatory Authority: M.G.L. c. 131, §§ 23; c. 140, §§ 161A.

Last Revised: 01-03-2014