§1313. Procedures for the transportation, quarantine, euthanasia and testing of animals suspected of having rabies
1.
Establishment of procedures.
The commissioner, in consultation with the Commissioner of Agriculture, Conservation and Forestry and the Commissioner of Inland Fisheries and Wildlife, shall adopt rules, in accordance with the Maine Administrative Procedure Act, establishing procedures for responding to a report of an animal suspected of having rabies. The procedures must include provisions for the transportation, quarantine, euthanasia and testing of an animal suspected of having rabies and, when that animal has bitten a person, provisions for the notification of the animal control officer in the locality where the bite occurred. The procedures may differ based on the perceived public health threat determined in part by consideration of the following factors:
A.
Whether the animal is a domesticated animal for which a known effective vaccine exists and, if so, whether the animal's vaccination status can be verified;
[PL 2007, c. 133, §1 (AMD).]
B.
Whether the animal has bitten a person or exhibited other aggressive behavior; and
[PL 2007, c. 133, §1 (AMD).]
C.
Whether the animal is a wolf hybrid that has bitten or may have otherwise exposed a person or a domesticated animal to rabies.
[PL 2007, c. 133, §1 (NEW).]
[PL 2007, c. 133, §1 (AMD); PL 2011, c. 657, Pt. W, §6 (REV).]
2.
Role of animal control officer; game warden.
An animal control officer appointed in accordance with Title 7, section 3947 receiving a report of an animal suspected of having rabies shall ensure that the procedures established pursuant to this section and sections 1313‑A and 1313‑B are carried out. If the animal is an undomesticated animal, other than a wolf hybrid, a game warden shall assist the animal control officer.
[PL 2007, c. 133, §1 (AMD).]
3.
Costs associated with transportation, quarantine, testing and euthanasia.
The Department of Inland Fisheries and Wildlife shall provide for or pay all necessary costs for transportation and euthanasia of an undomesticated animal suspected of having rabies. The owner of a domesticated animal or a wolf hybrid suspected of having rabies shall pay all costs for transportation, quarantine, euthanasia and testing of the animal. If a domesticated animal or a wolf hybrid is a stray or the owner is unknown, the municipality in which the animal was apprehended is responsible for transportation, quarantine, euthanasia and testing costs. Cost of testing animals judged by the department to have created a public health risk of rabies must be borne by the department through its General Fund appropriations.
[PL 2007, c. 133, §1 (AMD).]
SECTION HISTORY
PL 1993, c. 468, §23 (NEW). PL 1999, c. 350, §3 (AMD). PL 1999, c. 731, §Q1 (AMD). PL 2007, c. 133, §1 (AMD). PL 2011, c. 657, Pt. W, §6 (REV).