Section 250-RICR-40-05-3.8 - General ExemptionsA. General Exemption for Pet Shops. Exemption from individual exotic animal possession permits for Pet Shops. Pet shops that are properly licensed and in good standing pursuant to R.I. Gen. Laws § 4-19-5 may be granted by the Department a resale permit in lieu of an individual exotic animal possession permit. The resale permit will allow possession of a reasonable number of a particular species to be kept on the licensed premises for the purpose of resale. Each species will require issuance of a resale permit for that species. The application for a resale permit will be provided by the Department and the fee will be five dollars ($5.00) per permit issued. Animals held by a pet shop under a resale permit may only be sold to persons who can demonstrate lawful possession of the particular species, including an exotic animal possession permit if required.B. General Exemptions for AZA-Accredited and USDA Licensed Facilities. Nothing in this Part shall prohibit zoos, aquariums, research facilities, managed propagation facilities, or other animal care facilities that meet the exemption criteria for such facilities listed in R.I. Gen. Laws §§ 4-18-3 and 4-18-6 from importing or possessing native and exotic wild animals without a permit. Such facilities shall comply with all Department import/possession specifications identified within the subject statues and this Part, including, but not limited to, reporting, examination, and testing requirements.C. General Exemptions for Nuisance Wildlife Control Specialists. Nothing in this Part shall prohibit a person possessing a valid license as a Nuisance Wildlife Control Specialist issued by the Department from possession of native wildlife without a permit while in the execution of their professional duties and in compliance with Rules and Regulations Governing Nuisance Wildlife Control Specialists, Subchapter 00 Part 3 of this Chapter.D. General Exemption for Licensed Wildlife Rehabilitators. Nothing in this Part shall prohibit a person possessing a valid license as a Wildlife Rehabilitator issued by the Department from possession of native wildlife without a permit while in the execution of their duties and in compliance with Rules and Regulations Governing Wildlife Rehabilitation, Subchapter 00 Part 1 of this Chapter.E. General Exemption for Authorized Agents of the Department in their Official Duties. Nothing in this Part shall prohibit an agent of the Department's Division of Agriculture, Division of Fish and Wildlife, or Division of Law Enforcement from possession of exotic wildlife or native wildlife without a permit while in the execution of his or her official duties.F. General Exemption for Agents of the Rhode Island Society for the Prevention of Cruelty to Animals. Nothing in this Part shall prohibit an agent of the Rhode Island Society for the Prevention of Cruelty to Animals from possession of exotic wildlife or native wildlife without a permit while in the execution of their law enforcement powers pursuant to R.I. Gen. Laws Chapter 4-1.G. General Exemption for Possession of Insects. Nothing in this Part shall prohibit any person from possession of exotic animals or native animals of the class Insecta unless the animals of that class appear on the list of prohibited insects as is published by the USDA at the following URL http://www.invasivespeciesinfo.gov/animals/main.shtml under the heading of "Invasive Species." Possession of any animal on this list requires an exotic animal possession permit.H. General Exemptions for Some Species of Exotic Wild Animals. Nothing in this Part shall prohibit any person from possession of exempt exotic animals as defined herein. The list of exempt exotic animals will appear on a list published by the Department as § 3.17 of this Part.I. General Exemption for Game Bird Propagation. Nothing in this Part shall prohibit any person from possession of native wild animals as defined herein for the purpose of propagation of game birds pursuant to R.I. Gen. Laws Chapter 20-17.J. General Exemption for Licensed Falconers. Nothing in this Part shall prohibit a person possessing a valid license as a Falconer issued by the Department from possession of native wildlife without a permit while in the execution of the privileges associated with their Falconry license provided they are in compliance with the current Rhode Island Falconry Regulations, Subchapter 00 Part 7 of this Chapter.K. General Exemption for Travelers. Nothing in this Part shall prohibit any person from possession of a native or exotic wild animal, as defined herein, from traveling through the State, provided they are duly authorized to possess the animals in question under a valid Federal or State license, and that the animals are properly confined, and that they do not exhibit, offer for sale, barter, release, or otherwise transfer possession of animals to another while in Rhode Island, or stay overnight in the State while in possession of native or exotic wild animals, unless duly authorized to do so by the Department.250 R.I. Code R. 250-RICR-40-05-3.8
Amended effective 7/11/2021