An Act To Regulate the Keeping of Wolf Hybrids
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the keeping of wolf hybrids poses concerns for public safety; and
Whereas, current regulation of wolf hybrid kennels does not provide adequate safeguards; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 7 MRSA §3907, sub-§8-A, as amended by PL 2009, c. 403, §1, is further amended to read:
Sec. 2. 7 MRSA §3907, sub-§12-C, as enacted by PL 1997, c. 690, §5, is amended to read:
Sec. 3. 7 MRSA §3907, sub-§12-D, as amended by PL 2007, c. 702, §4, is further amended to read:
For the purposes of this definition, "dog or wolf hybrid owner's or keeper's premises" means the residence or residences, including buildings and land and motor vehicles, belonging to the owner or keeper of the dog or wolf hybrid.
Sec. 4. 7 MRSA §3907, sub-§17, as amended by PL 2009, c. 343, §4, is further amended to read:
Sec. 5. 7 MRSA §3911-A, as enacted by PL 2001, c. 129, §1, is amended to read:
§ 3911-A. Abandonment of wolf hybrid
A person who abandons a wolf hybrid licensed under section 3922 commits a civil violation for which a forfeiture fine not to exceed $1,000 may be adjudged. A person who abandons a wolf hybrid not licensed under section 3922 commits a civil violation for which a fine of $1,000 must be adjudged and may also be subject to a penalty under Title 12, section 12153. For the purposes of this section "abandon" means to desert. For enforcement purposes a wolf hybrid is abandoned if the animal is found a distance of more than 5 miles from the premises of the owner and is not under the control of any person.
Sec. 6. 7 MRSA §3911-B is enacted to read:
§ 3911-B. Disposition of wolf hybrid at large
The owner or keeper of a wolf hybrid found at large commits a civil violation. An animal control officer or person acting in that capacity shall seize, impound or restrain a wolf hybrid found at large and proceed under this section.
An animal shelter that accepts a wolf hybrid under this subsection is entitled to receive from the department the sum of $4 a day for the period for which food and shelter are furnished, not to exceed 6 days. The animal shelter's responsibilities and the procedure for filing claims and calculating fees established under section 3913, subsection 3 apply to wolf hybrids accepted under this subsection. Upon expiration of the 6-day period, ownership of the wolf hybrid is vested in the animal shelter. The animal shelter shall:
Notwithstanding paragraphs A and B, a veterinarian may authorize immediate euthanasia if, in the veterinarian's judgment, the wolf hybrid is severely injured or sick and has no possibility of recovery.
Sec. 7. 7 MRSA §3914, as amended by PL 2007, c. 439, §7, is further amended by adding at the end a new paragraph to read:
A wolf hybrid may not be sold or exchanged for value. Ownership of a wolf hybrid may be transferred only in accordance with section 3911-B or section 3921-B, subsection 3.
Sec. 8. 7 MRSA §3919-B, sub-§3, as enacted by PL 2003, c. 405, §9, is amended to read:
An animal shelter may not sell or give a pet to a research facility. An animal shelter may not sell, give away or offer for adoption a wolf hybrid. Ownership of a wolf hybrid may be transferred only in accordance with section 3921-B, subsection 3.
Sec. 9. 7 MRSA §3921-A, as enacted by PL 2001, c. 129, §2, is amended to read:
§ 3921-A. Permanent identification of wolf hybrids
The commissioner shall adopt rules to establish methods of identifying wolf hybrids through tattooing, the placement of a microchip under the animal's skin or any other method determined by the commissioner as adequately providing a permanent means of identification on the body of the animal. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A 2-A. A person may not own or keep a wolf hybrid under section 3921-B, subsection 2 or under Title 12, section 12152 unless the animal has identification in compliance with the rules adopted under this section.
Sec. 10. 7 MRSA §3921-B is enacted to read:
§ 3921-B. Prohibition on keeping a wolf hybrid; exception
A person transferring ownership of a wolf hybrid under this subsection shall within 10 days of the transfer notify the department and provide the name and address of the person accepting the transfer.
Sec. 11. 7 MRSA §3922, sub-§3-B, as enacted by PL 2001, c. 129, §3, is amended to read:
(1) June 1, 2011 if the wolf hybrid was 6 months old or older on June 1, 2011; or
(2) December 31, 2011 if the wolf hybrid was less than 6 months old on June 1, 2011.
Sec. 12. 7 MRSA §3923-G, sub-§6 is enacted to read:
Sec. 13. 7 MRSA §3931-B, as enacted by PL 2001, c. 129, §4, is repealed.
Sec. 14. 7 MRSA §4151, sub-§1, as enacted by PL 1995, c. 589, §1, is amended to read:
Sec. 15. 7 MRSA §4153, as amended by PL 2007, c. 702, §24, is further amended by adding at the end a new paragraph to read:
A seller may not sell a wolf hybrid.
Sec. 16. 12 MRSA §12160 is enacted to read:
§ 12160. Disposition of wolf hybrids
The department may pursue genetic testing to determine if the animal is a wolf or wolf hybrid.
Sec. 17. 17 MRSA §1011, sub-§8-A, as amended by PL 2009, c. 403, §11, is further amended to read:
Sec. 18. 17 MRSA §1011, sub-§17, as amended by PL 2009, c. 343, §25, is further amended to read:
Sec. 19. Department of Inland Fisheries and Wildlife to require a permit to possess wolf hybrids. The Commissioner of Inland Fisheries and Wildlife shall amend rules adopted under the Maine Revised Statutes, Title 12, section 12152 to require a permit for the importation and possession of wolf hybrids as defined in Title 7, section 3907, subsection 30. The commissioner shall establish confinement standards in rule that prevent escape of a wolf hybrid and restrict unauthorized humans from having contact with a wolf hybrid kept under a permit. The rule must recognize the exception for wolf hybrids kept as pets under Title 7, section 3921-B, subsection 2. Rules adopted under this section must be in effect no later than July 1, 2012.
Sec. 20. Department of Agriculture, Food and Rural Resources to assist in identifying wolf hybrids kept as pets. The Commissioner of Agriculture, Food, and Rural Resources shall periodically update the Commissioner of Inland Fisheries and Wildlife on the number and location of wolf hybrids licensed under the Maine Revised Statutes, Title 7, section 3922, subsection 3-B. Upon determining that all of the wolf hybrids kept as pets under that provision have died, the commissioner, in consultation with the Commissioner of Inland Fisheries and Wildlife, shall submit a bill to repeal the exception under Title 7, section 3921-B, subsection 2 and clarify that a permit issued by the Department of Inland Fisheries and Wildlife is required to keep any wolf hybrid in captivity.
Sec. 21. Transition provisions. The following transition provisions apply.
1. The Companion Animal Sterilization Fund established under the Maine Revised Statutes, Title 7, section 3910-B may be used for the spaying and neutering of wolf hybrids until February 1, 2012.
2. Until July 1, 2012, a person operating a facility licensed as an animal shelter under Title 7, section 3932-A and functioning as a refuge exclusively for wolf hybrids on April 1, 2011 may:
3. A person operating a facility licensed as an animal shelter under Title 7, section 3932-A and functioning as a refuge exclusively for wolf hybrids on April 1, 2011 must obtain a permit to possess wildlife under Title 12, section 12152 no later than December 31, 2012 to continue keeping wolf hybrids.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.