250 R.I. Code R. 250-RICR-60-00-1.10

Current through December 26, 2024

Section 250-RICR-60-00-1.10 - General Requirements and Special Conditions

A. No person shall rehabilitate, handle, possess, transport, or release for purposes of rehabilitation any wildlife, except as provided in §§ 1.10(B), (E) and (N) of this Part, without first obtaining a Special Scientific Collector's permit for Wildlife Rehabilitation from the Department.

B. Persons may transport birds, reptiles, amphibians, and non-RVS mammals from their property or other location directly to a Rhode Island-licensed wildlife rehabilitator, provided that they notify a wildlife rehabilitator at the time they take possession of the animal and that if circumstances are such that the animal(s) cannot be transported immediately to the wildlife rehabilitator, are not to be kept in their possession for more than twenty-four (24) hours.

C. Wild animals shall not be transported into or out of Rhode Island without prior notification and approval of the Division, or, if outside normal business hours, the DEM Division of Law Enforcement, and in accordance with applicable Federal or State law including, but not limited to the Federal Lacey Act, 50 C.F.R. § 20.

D. Wild animals held under this permit shall not be owned, offered for sale, purchased, bartered, tamed, neutered, exhibited, or used for propagation purposes. Images of wild animals held for wildlife rehabilitation may be used for monitoring, advertising, brochures, websites, presentations, or for training purposes. Placement of animals under care in settings or circumstances that are not in keeping with the primary purpose of rehabilitation or may cause undue stress or harm to the animals and risk to humans are prohibited. Non-releasable wild animals held for educational purposes may be publicly displayed within the conditions of the permittees Federal permit and/or Rhode Island Native Wild Animal Importation/Possession permit.

E. Licensed veterinarians who do not possess a Special Scientific Collector's Permit for wildlife rehabilitation may provide emergency treatment to wild animals without obtaining a Special Scientific Collector's permit, provided that animal(s) that survive and need extended care are transferred to a licensed wildlife rehabilitator within forty-eight (48) hours or as soon as medically stable. Veterinarians may euthanize animals that are not likely to survive or meet criteria for release back into the wild.

F. Obtaining a permit pursuant to these Regulations does not preclude the permittees conformance with other Federal, State, or local requirements for licensure certification or permits which may be required.

G. A Special Scientific Collectors permit to rehabilitate wildlife does not authorize the practice of veterinary medicine or the treatment of domestic animals.

H. The Department reserves the right to take possession of any animal held pursuant to these Regulations at any time.

I. A permit issued pursuant to these Regulations does not convey any authority to the permittee to possess any wildlife or conduct any wildlife rehabilitation activities other than in the State of Rhode Island.

J. Permittees may transfer wild animals to other permittees or facilities with similar authority for such species but shall not delegate to any other person the authority granted by this permit.

K. No person may rehabilitate or possess, handle, release or transport any of the following species:

1. Species defined as "Exotic Wild Animals" without prior written annual approval of the Division, except for those species listed in § 1.10(N) of this Part.

2. Mute swans (Cygnus olor) adults or cygnet.

3. American black bears (Ursus americanus) adults, juveniles, or cubs.

4. Moose (Alces alces) adults, juveniles, or calves.

L. Unless specifically authorized by the National Marine Fisheries Service and the Department, a Special Scientific Collector's Permit does not convey authority to rehabilitate marine mammals.

M. In addition to any species listed as federally Threatened or Endangered by the USFWS, the following species require notification be made to the Division within forty-eight (48) hours upon receipt by the permittee: beaver (Castor canadensis), bobcat (Lynx rufus), coyote (Canis latrans), fisher (Pekania pennanti), river otter (Lontra canadensis), porcupine (Erethizon dorsatum), and white-tailed deer (Odocoileus virginianus). The placement, care, and final disposition of these species may be determined by the Department. The disposition of any Federally-listed species will be determined by the USFWS.

N. Exotic wildlife may only be rehabilitated under the following circumstances:

1. Exotic herpetafauna may be removed from the wild and rehabilitated by permitted rehabilitators only when the animal will be permanently confined from the wild for education or exhibit following 250-RICR-40-05 and never released, or humanely euthanized. The Transfer of exotic herpetafauna from a rehabilitator to a permanent facility shall be free of charge.

2. A Special Scientific Collector's permit is not required to rehabilitate, handle or possess the following species: house mouse (Mus musculus), Norway rat (Rattus norvegicus); house sparrow (Passer domesticus), rock pigeon (Columba livia), and European starling (Sturnus vulgaris).

O. Carcasses and all animal waste products must be disposed of in a manner consistent with all municipal ordinances as well as with all applicable State and Federal laws.

P. Nothing in these Regulations permits the use of regulated medical supplies including but not limited to syringes and drugs, unless in conformance with the DOH's Hypodermic Needles, Syringes, and Other Such Instruments (216-RICR-20-15-6).

Q. Nothing in these Regulations permits the disposal of excess or unused needles unless in accordance with the DOH's Hypodermic Needles, Syringes, and Other Such Instruments (216-RICR-20-15-6.3.3) and the Department's Medical Waste Regulations (Part 140-15-1 of this Title).

R. Any person who fails to pass the written examination for respective categories on their first attempt may retake the exam no sooner than seven (7) days from the date of the first (1st) attempt. Persons not achieving a passing grade on the second (2nd) attempt may retake the exam no sooner than fourteen (14) days following the second (2nd) attempt. The required wait time for any additional attempts shall be at the discretion of the Division.

S. Permittees must maintain intake forms for all wildlife received. Intake forms, at a minimum, shall include: location of origin of animals accepted, name, home address, and telephone number of the person transporting the animal(s), date of intake, and the disposition of each individual animal. Intake forms must be made available for inspection at any reasonable hour by the Department upon request.

T. Permittees and sub-permittees must possess at all times a current wildlife rehabilitation identification card provided by the Division, when transporting or in possession of wild animals outside their facility. A copy of their Special Scientific Collector's permit must be displayed in a prominent location at their facility.

U. All permits expire January 31st of the year succeeding the date of issuance and become invalid after the expiration date. Permits must be renewed and are only valid after receipt of a completed application, and other conditions as detailed in § 1.11 of this Part.

V. Wild animals being treated shall be released to the wild within forty-eight (48) hours of the subject wild animal(s) meeting the IWRC's "Minimum standards for Release of Wildlife Following Rehabilitation" as described in § 7.2 of the IWRC Minimum Standards for Wildlife Rehabilitation (2012), incorporated in § 1.4(D) of this Part. For white-tailed deer, all deer held in rehabilitation shall be released no later than September 30 of the year received, unless prior approval is received from the Division. Juvenile raccoons must be released no later than October 30 of the year received, unless prior approval is received from the Division. Animals may be held for longer periods (overwintered), with Division approval, if seasonal conditions are such that the animal's survival after release would be at risk due to such conditions.

W. Wild animals shall be released at, or as close as practical to the point of origin, or in suitable habitat at another location and as specified in §§ 1.14(X) and (Y) of this Part. Release of animals shall be done under weather conditions and under circumstances that will minimize stress to the animal.

X. No reptile, amphibian, wild turkey (Meleagris gallpavo), or any other mammal other than bats, shall be released onto any of the islands of Narragansett Bay or Block Island, unless the animal(s) in question originated from that location.

Y. Landowner permission is required to release wild animals onto private property. Animals shall not be released onto State wildlife management areas without prior approval of the Division.

Z. All methods of euthanasia must comply with Rhode Island General Laws.

AA. No person shall dispense medication to any wild animal regardless of the animals condition or labelled use of the medication, outside of the confines of their permitted wildlife rehabilitation facility. No person shall medicate wild animals that have been released from or that are not accepted into their facility regardless of the animals location or condition. This does not apply to work conducted under a valid state permit from DEM while conducting work that is listed as an acceptable activity. Staff of the state, and duly licensed veterinarians are exempt from this Section when acting in official capacity.

250 R.I. Code R. 250-RICR-60-00-1.10

Amended effective 12/26/2018
Amended effective 7/12/2021
Amended effective 8/7/2024