250 R.I. Code R. 250-RICR-40-05-3.6

Current through October 15, 2024
Section 250-RICR-40-05-3.6 - Definitions
A. Wherever used in this Part the following terms should be construed as follows:
1. "Animal" and "Animals" means every living creature including but not limited to any species of mammal, bird, fish, reptile, amphibian, insect, aquatic organisms, or other animal except a human being.
2. "Department" means the Department of Environmental Management.
3. "Director" means the Director of the Department of Environmental Management, or his/her duly authorized agent or agents.
4. "Domestic animal" means any animal, which through extremely long association with humans, have been bred to a degree that has resulted in genetic changes affecting the temperament, color, conformation, or other attributes of the species to an extent that makes them unique and distinguishable from wild individuals of their species. For the purposes of this Part the term domestic animal shall apply to the following animals:
a. Alpaca (Lama pacos),
b. Common Coturnix (Coturnix coturnix or C. japonica),
c. Common Pigeon (rock dove) derived from the blue rock pigeon ( Columba livia),
d. Domestic Camel (Camelus dromedarius and Camelus bactrianus),
e. Domestic Cat (Felis catus ) excluding hybrids with wild felines,
f. Domestic Cattle (Bos taurus and Bos indicus),
g. Domestic Chicken (Gallus "domesticus") derived from the red junglefowl (Gallus gallus),
h. Domestic Dog (Canis familiaris) excluding hybrids with wild canids,
i. Domestic Ducks derived from the Mallard ( Anas platyrhynchos), 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, derived from the Muscovy duck ( Cairina moschata),
j. Domestic Equines (Equus caballus, Equus asinus) including hybrids with other domestic equines, but not hybrids with wild equines,
k. 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, derived from the swan goose (Anser cygnoides), including, but not restricted to, the African goose and the Chinese goose, derived from the Egyptian goose (Alopochen aegyptiaca ),
l. Domestic Goat (Capra hircus),
m. Domestic Guineafowl derived from the helmet guineafowl (Numida meleagris),
n. Domestic Hamster derived from ( Mesocricetus auratus) and (Phodopus sp.),
o. 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,
p. Domestic Sheep ( Ovis aries ),
q. Domestic Swine (Sus scrofa domestica) excluding those animals that meet the definition of wild/feral swine, as defined herein,
r. 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 gamefarm non-standard variety "Wild Turkey,"
s. Domestic Water Buffalo (Bubalis bubalis),
t. Domestic Yak (Bos grunniens),
u. Guinea Pig (Cavia porcellus),
v. Laboratory Mouse, including breeds, varieties, and strains derived from the house mouse (Mus musculus),
w. Laboratory Rat, including breeds, varieties, and strains derived from the Norway rat (Rattus norvegicus),
x. Llama ( Lama glama ),
y. Mongolian Gerbil ( Meriones unguiculatus),
z. Peafowl (blue peafowl) (Pavo cristatus).
5. "Enclosure" means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage, or compartment.
6. "Endangered species" means any animal so declared by the United States Secretaries of the Interior or Commerce under the provisions of the Federal Endangered Species Conservation Act or any animal so declared by the Director of the Rhode Island Department of Environmental Management pursuant to R.I. Gen. Laws Chapter 42-34.
7. "Exempt exotic animal" means any animal that is neither listed nor defined as a domestic animal or native wild animal, but for which there is no requirement to obtain an exotic animal possession permit. The list of exotic animals that are exempt from the requirement of obtaining an exotic animal possession permit is found in § 3.17 of this Part.
8. "Exotic animal" or "Exotic wild animal" means any vertebrate or invertebrate other than those defined as domestic animals, native wildlife, or exempt exotic animals.
9. "Exotic animal possession permit" means a permit issued by the Department, in order to authorize the permittee to import and/or possess any exotic wild animal(s) specifically listed on the permit.
10. "Federally accredited veterinarian" means any veterinarian who holds a current license in good standing in any State and who is recognized by the United States Department of Agriculture as having completed the necessary requirements for Federal accreditation.
11. "Health certificate" or "Certificate of veterinary inspection" means an official form of the State of origin that states the animal(s)/bird(s) have been inspected and found free of contagious, infectious or communicable diseases, and contains the date of the veterinary inspection as well as the dates and results of all required tests, and describes the animal(s)/bird(s) by species, breed, age, sex, and any individual identification such as ear tags, tattoos, leg bands, microchip, or other means of individual identification, and contains the data for all required tests and vaccinations prior to entry into Rhode Island (including the name and address of the laboratory that performed the test), and has the complete name and address of the consignor and consignee, and contains the signature of the inspecting veterinarian as well as that of the official having jurisdiction over the disease of animals in the State of origin.
12. "Hybrid" means any animal which is a result of the cross breeding of a domestic and wild animal for which there is no USDA conditionally licensed or unconditionally licensed rabies vaccine.
13. "Native animal possession permit" means shall be issued by the Department, in order to authorize the permittee to import and/or possess any native wild animal(s) which is specifically listed on the permit.
14. "Native wildlife" or "Native animal" or "Native wild animal" means all species of animals, including all subspecies thereof, occurring naturally, either presently or historically, within the boundaries of the State of Rhode Island, regardless of where the animal originated.
15. "Person" means any individual, firm, association, organization, partnership, business trust, corporation or company including but not limited to educational and research institutions, zoological gardens, schools, colleges, universities, pet stores, animal care facilities, and laboratories.
16. "Pet shop" means a temporary or permanent establishment where animals are bought, sold, exchanged, or offered for sale or exchange to the general public at retail. This shall not include an establishment or person whose total sales are the offspring of canine or feline females maintained on their premises and sold from those premises.
17. "Possess" or "Possession" means to exercise dominion or control over a wild animal at any point starting from the point at which the decision is made to import, purchase, breed, keep, or otherwise manage an animal and lasting up until its ultimate disposition.
18. "Quarantine" means shall refer to the types of enclosures necessary to ensure that the confined animal will not have any contact, either directly or through fomites, with any domestic animal, wild animal, or person, other than the person(s) charged with the immediate care of the animal.
19. "RIDEM" means the Department of Environmental Management.
20. "Researcher" means someone engaged in scientific research or experimentation and who is a student, faculty member, employee or contractor at an accredited college, university, or research institution.
21. "Short-term exhibition" shall mean for a period not to exceed thirty (30) days, from the time the animal(s) in question enter the State until the time they leave.
22. "Target species" means those species that are the most common wildlife carriers of rabies including raccoons, skunks, bats, woodchucks, and foxes or other mammal species as may be determined by the Rhode Island Rabies Control Board.
23. "USDA" means the United States Department of Agriculture.
24. "USFWS" means the United States Fish and Wildlife Service.
25. "Veterinarian" means an individual currently licensed to practice veterinary medicine in the State of Rhode Island.
26. "Wild animal" means any animal other than a domestic animal and includes those animals that may be defined as exotic or native wild animals.
27. "Wild swine" or "Feral swine" means any animal of the genus and species (Sus scrofa ) that is not intended for commercial agricultural purposes such as breeding or meat production, for pet ownership, or for biomedical research. A wild/feral swine can also refer to a domestic pig that has escaped from captivity or has been released into the wild (accidentally or otherwise), or one that is descended from such animals.

250 R.I. Code R. 250-RICR-40-05-3.6

Amended effective 7/11/2021