Published by the animal welfare program
|
|  Yüklə 1.88 Mb.
|
B. SHELTERS Any shelter, which violates Chapter 719 of Title 7 of the Maine Revised Statutes Annotated, or these Rules, commits a civil violation for which a forfeiture of not less than fifty ($50.00) dollars nor more than two-hundred ($200.00) dollars may be adjudged. SECTION IV - VETERINARIAN EXEMPTION Veterinarians and their facilities shall be exempt from these Rules. If any portion of a veterinarian's facility is used as a kennel or boarding kennel that separate portion of their facility shall be subject to the Rules for kennels. SECTION V - PIG SCRAMBLES I. Any person or organization planning to hold a pig scramble shall obtain a permit from the Department no later than ten (10) days prior to the event. II. To obtain a permit, the applicant must specify and list the precise location of the event, the time it is to be held (plus or minus one hour) and the person or persons who will be in charge of the event. III. Rules: A. The person in charge of the event shall be responsible for the animals being "well cared for" prior to, during, and after the event until such time as the new owners remove the animals from the premises. B. No lubricant may be used on the pig or the contestant. C. The pigs shall not weigh less than sixteen (16) pounds for 8-10 age group, and not less than twenty-two (22) pounds for the 10-12 age group. D. The contestants shall not be over the age of 12. E. The event shall not last more than ten (10) minutes. F. The bags or sacks used shall be burlap to give the animal adequate breathing and cooling air. G. The manager of the event shall have someone available to purchase or take the animals if an animal is caught by someone who does not have adequate facilities to care for the animals at their residence. H. The area/ring being used will be no less than 3,000 square feet. I. A pig may only be used for one event per day. J. RULES MUST BE POSTED IN A CONSPICUOUS PLACE AT EVENT SITE PERMITS PERIODS WILL NOT EXCEED TEN (10) DAYS FOR MULTIPLE EVENTS SPONSORED BY ANY PRIVATE OR PUBLIC ORGANIZATION SECTION VI - CALF SCRAMBLES I. Any person or organization planning to hold a calf scramble shall obtain a permit from the Department no later than ten (10) days prior to the event. II. To obtain a permit, the applicant must specify and list the precise location of the event, the time it is to be held (plus or minus one hour) and the person or persons who will be in charge of the event. III. Rules: A. The person in charge of the event shall be responsible for the animals being "well cared for" prior to, during, and after the event until such time as the new owners remove the animals from the premises. B. The calves shall not weigh less than 300 pounds or over 600 pounds. C. The contestants shall be restricted to the age of 14 to 17 years. (Age 17, as of January 1st of the year the event is held.) D. The event shall not last more than twelve (12) minutes. E. Nothing will be attached to any portion of the animal for removal by contestants from the animal during competition. F. The manager of the event shall have someone available to purchase or take the animals if an animal is caught by someone who does not have adequate facilities to care for the animals at their residence. G. The manager of this event shall have the facilities to hold the calves, which have been won until the winning contestant is ready to leave the premises. H. The area/ring being used will be no less than 3,000 square feet. I. A calf may only be used for one event per day. J. RULES MUST BE POSTED IN A CONSPICUOUS PLACE AT EVENT SITE PERMITS PERIODS WILL NOT EXCEED TEN (10) DAYS FOR MULTIPLE EVENTS SPONSORED BY ANY PRIVATE OR PUBLIC ORGANIZATION SECTION VII - STANDARDS FOR THE HOUSING AND CARE OF HORSES (ALL EQUINE) I. Housing A. A constructed shelter, with a minimum of three sides and a waterproof roof, shall be provided at all times to protect equines from sun, rain, wind and other inclement weather. B. The roof shall be waterproof. C. The shelter shall be of sufficient height and size so that the animals may stand upright in their normal position, with safe head clearances, and accommodate all animals comfortably at all times. D. The floor shall be dry and suitable for the animals to lie down. E. Any animal shall be provided with extra protection by improved housing facilities, blankets, or other methods, if the health of the animal is compromised is any way. F. Where indoor shelter is provided, that shelter shall be adequately ventilated to prevent excessive dust or excessive moisture that may be detrimental to the equine’s health. II. Food A. Equines shall have unlimited access to clean water to maintain normal hydration. B. Each equine shall have sufficient hay, grain, or other feed to maintain its normal body weight. Additional feed shall be fed to underweight animals to achieve normal weight. C. The feeding arrangements shall be such that each animal gets its own proper share of food twice a day. D. All owners/keepers of equine shall have on hand at all times enough hay and grain to maintain all equine in a healthy condition. SECTION VIII - THE SPAY/NEUTER REIMBURSEMENT PROGRAM Summary: The purpose of this chapter is to establish rules that will allow reimbursement to animal shelters for extended days that stray dogs and cats must stay to be spayed or neutered before being given up for adoption. 1. Definitions: For the purpose of this chapter the following words mean: A. "Spay/neuter" means to sterilize a female animal by removing the ovaries or to castrate a male animal by removing the testicles. B. "Animal shelter" (see and use definition in the Animal Welfare Laws 7 M.R.S.A. Section 3907,5-A. C. "Strays,” means a cat or dog with no known owner that may be deserted, sick, or injured. D. "Reimbursement" means to compensate part of the expense of sterilizing an animal. E. "Dog licensing fee" means a fee collected by a municipal clerk or dog recorder for the issuance of a dog license authorized under 7 M.R.S.A. Section 3923. 2. Funding: Funds for the reimbursement are to be allocated from the dog-licensing fee and from private or public donations. This fund shall be a separate, non-lapsing account and shall be named - Animal Welfare Fund: Spaying/Neutering Account. 3. Procedure: Upon receiving a letter from the animal shelter requesting reimbursement for a stray dog or cat that they have had in their possession for at least six (6) days minimum and that particular animal was neutered or spayed, the state shall reimburse that shelter at the rate of ten dollars ($10.00) per dog and the rate of five dollars ($5.00) per cat. The animal shelter must attach to the letter a copy of a Certificate of Neutering signed by a licensed veterinarian. SECTION IX – RULES FOR THE LOW INCOME SPAY/NEUTER PROGRAM Summary: This Chapter establishes and implements a low-income spay/neuter program for cats and dogs. Eligibility requirements for participation in the program, veterinarian reimbursement, and program administration and performance measurements are contained in these rules. The purpose of the low-income spay/neuter program is to reduce: a) Stray and unwanted cats and dogs b) Cat and dog euthanasia rates c) Dog bites d) Feral cats e) Threats to public health and safety from rabies and other zoonotic diseases f) Community and state animal control costs 1. DEFINITIONS: A. CAT – A member of the genus and species known as felis catus. B. COMMISSIONER – The Commissioner of the State of Maine Department of Agriculture, Food and Rural Resources. C. DEPARTMENT – The Department of Agriculture, Food and Rural Resources. D. DOG – A member of the genus and species known as canis familiaris. E. DOG LICENSE – A State of Maine license obtained by the owner or keeper of a dog at the age of 6 months or more, on or before January 1st of each year. F. FERAL CAT – A cat without owner identification of any kind that consistently exhibits extreme fear in the presence of people. G. KEEPER – A person in possession or control of a dog or other animal becomes the keeper of a stray domesticated animal, other than a dog or livestock, if the person feeds that animal for at least 10 consecutive days. H. LICENSED ANIMAL SHELTER – A facility, licensed by the state, which includes a physical structure or part of a physical structure that provides temporary or permanent shelter to stray, abandoned, abused, or owner-surrendered animals. I. OWNER – Any person, firm, partnership, association or corporation owning, keeping or harboring a dog or other animal. J. PROGRAM – The Low-Income Spay/Neuter Program for dogs and cats. K. SPAY/NEUTER – To sterilize a female animal by removing the ovaries or to castrate a male animal by removing the testicles or by FDA approved pharmaceutical sterilization. L. STRAY ANIMAL – A cat or dog with no known owner that may be deserted, sick, or injured. M. UNWANTED – A cat or dog abandoned or not wanted by its owner or keeper. 2. ELIGIBILITY A. To be eligible for the low-income spay/neuter program a person must: 1. Be an independent adult (18 years or older and not declared as a dependent for tax purposes by another person); 2. Be a Resident of the State of Maine; 3. Be the owner or keeper of the cat or dog being spayed or neutered by a participating veterinarian; 4. Make a co-payment determined on an annual basis by the Commissioner. The requirement for a co-payment may be waived if the Director of the Animal Welfare Program and/or the Administrator determines that its payment by the owner or keeper of the animal would create a financial hardship; and 5. Have a household income less than 133% of the federal poverty level. If program funding allows, the Commissioner may increase the household income limit for the purposes of this requirement up to 150% of the poverty level. B. Determination and the approval of any government public assistance program that may be used to indicate eligibility shall be at the Commissioner’s discretion. C. Dogs and cats imported or transferred from out of state are not eligible for participation in the program. 3. VETERINARIAN PARTICIPATION A. Any veterinarian licensed in this state may participate in the program established under this Chapter. To participate, a veterinarian must file with the Commissioner on a biennial basis a signed agreement on a form provided by the Commissioner agreeing to all pre-set fees and program conditions. Pre-set fees shall be set by the Commissioner in consultation with the Maine Veterinary Medical Association on a biennial basis. B. For all cats and dogs sterilized under this program the Commissioner shall reimburse the veterinarians for services on a monthly basis. The pre-set fee shall cover the cost of the spay/neuter surgery and a rabies vaccination The owner shall be responsible for the payment of any additional procedures administered by the veterinarian that are not covered under this program. 4. PROGRAM ADMINISTRATION
1. Issuing vouchers; 2. Procuring veterinarian participation agreements and maintaining positive relations with the veterinarians; 3. Maintaining a list of participating veterinarians; 4. Determining individual owner eligibility; 5. Notifying participating veterinarians of the co-payment as determined by the Commissioner on a yearly basic; 6. Collecting of co-payments; and 7. Reimbursing veterinarians in accordance with the agreements and those rules. B. If the program is contracted to an organization or individual, the Commissioner shall deposit all funds in the Companion Animal Sterilization Fund directly into the Help Fix ME account of the organization or individual as determined by the Department of Administrative and Financial Services. The contracted organization or individual shall submit quarterly financial reports to the Commissioner. This report shall include but not be limited to the number of vouchers issued. 5. PERFORMANCE MEASUREMENT Performance Measurement is necessary to determine the success of the program and to assess if any changes in the program should be made. To measure the performance of this program, the AWP shall require standardized reporting of statewide cat and dog intake and euthanasia numbers to the AWP by licensed animal shelters, which are required to keep and maintain such information in accordance with 01-001 CMR Chapter 701: Rules Governing Animal Welfare 1C. The reporting will be on forms provided by the Department. 6. DISTRIBUTION OF FUNDS A. In order for the Companion Animal Sterilization Fund /Help Fix ME funds to be used effectively and reduce animal overpopulation and euthanasia, the apportionment of the funds to be shall be applied to the program shall be determined as follows: 1. The Director of the Animal Welfare Program and/or Administrator shall apportion available funds between cats and dogs according to the need to control overpopulation of cats or dogs. 2. If one species is overpopulated but not the other, then no more than 10% of the program’s funds can be spent on that species that is not overpopulated, with priority given to those breeds that are most difficult to place for adoption. 3. If here is no overpopulation of either species, then the funds shall be expended according to requests for assistance from qualifying low-income applicants. 4. The Commissioner shall consult with Maine humane societies, shelters and other stakeholders the Commissioner deems relevant to make the determinations regarding overpopulation and breeds that are difficult to adopt. 7. FUNDING A Low-Income Spay/Neuter Fund shall be established for this program. Any monies received by the Commissioner in accordance with the authority provided by 7 M.R.S. §3906-B(13) shall be deposited into a separate, non-lapsing account and shall be dedicated for use by the Commissioner exclusively for implementation of this program, including veterinarian reimbursement, administration, promotions and other costs associated with the program. Interest earnings credited to the assets of the fund shall become part of the fund. STATUTORY AUTHORITY: 7 M.R.S. §3906-B and §3910-B EFFECTIVE DATE: June 9, 2004 - filing 2004-206 AMENDED: May 8, 2011 – filing 2011-137, filing 2011-137 SECTION X – RULES FOR THE PERMANENT IDENTIFICATION OF WOLF HYBRIDS SUMMARY These rules establish methods of permanent identification for wolf hybrids applicable to all wolf hybrids owned or kept in the State of Maine. 1. DEFINITIONS A. Commissioner – means the Commissioner of the State of Maine Department of Agriculture, Food and Rural Resources. B. Department – means the State of Maine Department of Agriculture, Food and Rural Resources. C. Identification – means a method or item bearing identifying data. i.e. a tattoo or microchip that provides information for determining the owner or keeper of a wolf hybrid. D. Keeper – means a person in possession or control of a wolf hybrid. A person becomes the keeper a wolf hybrid, if the person feeds that animal for at least 10 consecutive days. E. Microchip – means a small crystal of a silicon semiconductor fabricated to carry out a number of electronic functions in an integrated circuit and includes an electronic device implanted into a wolf hybrid for the purposes of identification. F. Owner – means any person, firm, partnership, association or corporation owning, keeping, or harboring a wolf hybrid. G. Permanent Identification – means any method of identification that is indelible or otherwise continues or endures without marked change in status or condition or place. H. Tattoo – means a permanent mark or design made on the skin by a process of pricking and ingraining an indelible pigment or by raising scars. I. Wolf - any of various large wild predatory canids (genus Canis) that live and hunt in packs and resemble the related dogs; Canis lupus, gray wolf, timber wolf, brindled gray wolf of forested northern regions of North America Arctic wolf, Canis lupus tundrarum, white wolf - wolf of arctic North America having white fur and a black-tipped tail J. Wolf Hybrid – means a mammal that is the off spring of a species of wild canid or wild canid hybrid. “Wolf hybrid” includes a mammal that is represented by it’s owner or keeper to be a cross between a domestic dog (canis familiaris) and a wild canid or wild canid hybrid, and includes without limitation, any mammal that is represented by it’s owner or keeper to be a wolf hybrid, coyote hybrid, coy dog, or any other wild canid hybrid. 2. PROHIBITED ACTS No person may own or keep any wolf hybrid over the age of eight (8) weeks unless permanent identification of that wolf hybrid has been provided in accordance with these rules. 3. METHODS OF IDENTIFICATION A. Permanent identification of a wolf hybrid must be provided by one of the following methods: (1) A microchip placed subcutaneous (under the skin) that has been registered with a nationwide organization and whose database will be accessible by the Department at all times; or (2) A permanent tattoo that will be registered with a nationwide organization and whose database will be accessible by the Department at all times. B. The database for any microchip or tattoo placed in accordance with Paragraph 3.A (1) or 3.A (2) of these rules must contain the following information, at a minimum, and be readily accessible to the Department at all times: (1) The name of the person who owns or keeps the wolf hybrid. (2) The address of the person who owns or keeps the wolf hybrid. (3) The telephone number of the person who owns or keeps the wolf hybrid. C. Any telephone number provided to the Department by the owner or keeper of any wolf hybrid must remain in service and provide the Department ready access to the owner or keeper on a 24 hour basis, seven (7) days a week. D. If available, anyone who owns or keeps a wolf hybrid must provide the Department with an email address. E. Anyone who owns or keeps a wolf hybrid must advise the Department of any changes to the information provided to the Department in accordance with these rules within 72 hours of such change, including any changes in the name, address, phone, or email address of the owner or keeper of the wolf hybrid. Statutory Authority: 7 M.R.S.A. § 3921-A Section XI – Rules for the importation of dogs and cats for re-sale or adoption. 01-001 DEPARTMENT OF AGRICULTURE, FOOD & RURAL RESOURCES DIVISION OF VETERINARY SERVICES Chapter 216: RULES GOVERNING THE SALE OF DOGS AND CATS AND IMPORTATION OF DOGS AND CATS FOR RESALE OR ADOPTION 1. STATUTORY AUTHORITY The Statutory Authority is found in 7 MRSA §1753 and §1809 and grants the Commissioner of Agriculture, Food and Rural Resources the authority to promulgate all rules that are deemed proper and necessary to maintain the health of all dogs and cats imported into the State for resale or adoption or offered for resale or adoption within the State. 2. DEFINITIONS The following terms have the following meanings: A. Accredited Veterinarian: A licensed veterinarian who has been accredited by the United States Department of Agriculture, Animal Plant Health inspection Service - Veterinary Services to represent the State and Federal Government in assuming responsibilities for disease and parasite eradication as defined by the Code of Federal Regulation 9, chapter 1 (1-1-86 edition), Part 161. B. Adoption: For the purposes of this Chapter, adoption shall consist of any and all activities undertaken by private parties and/or individuals, and organized or unorganized rescue groups and humane societies with the intent or effect of transferring possession and/or ownership to others of imported animals as described in this rule. C. Canine Diseases: 1. Canine Distemper: A highly contagious viral disease of dogs. The virus is spread by direct contact or aerosol droplets from secretions of infected animals. Infected animals may show gastrointestinal and respiratory distress with pneumonia and neurologic complications. The infected animals may shed virus for several months. 2. Canine ehrlichiosis: A disease of dogs, transmitted by ticks, caused by the obligate intracellular organism, Ehrlichia canis. 3. Heartworm: A parasitic disease of dogs, transmitted by mosquitoes, caused by the filarial organism, Dirofilaria immitis. 4. Hepatitis: A viral infection of dogs that cause symptoms that vary from a slight fever and congestion of the mucus membranes to severe depression, prolonged bleeding time and lose of weight. The virus is shed in urine, feces and saliva of infected animals. 5. Leptospirosis: A bacterial infection of dogs characterized by a sudden onset, weakness, lack of appetite, vomiting and high temperature. 6. Lyme disease: A tickborne, bacterial disease of domestic animals and humans caused by the bacteria, Borrelia burgdorferi. 7. Infectious Tracheobronchitis (canine adenovirus 2 and parainfluenza virus): A viral disease commonly known as Kennel cough, usually mild and self-limiting involving the trachea and bronchi of dogs. 8. Canine Parvo Virus: A viral disease causing a severe hemorrhagic enteritis in dogs of all ages. It has a sudden onset with varying degrees of mortality. D. Feline Diseases: 1. Feline Viral Rhinotracheitis: A viral infection of cats, causing fever, frequent sneezing, conjunctivitis, rhinitis and salivation. Mortality may be high in young kittens and aged cats. The illness is often prolonged and may cause a marked weight loss due to lack of appetite and severe depression. 2. Feline Calici Virus: A disease of the oral cavity, respiratory tract and lungs, causing fever, lack of appetite and severe depression. 3. Panleukopenia. A highly contagious disease of cats, commonly called Feline Distemper. All secretions and excretions of affected animals contain the virus and the infection may be spread by direct contact or by contaminated objects. E. Import: To move dogs or cats either internationally or interstate into the State of Maine. F. Official Certificate of Veterinary Inspection: A legible certificate or form signed by an accredited veterinarian and approved by the Chief Livestock official of the State or Country of origin that shows the age, sex, breed, description and health record of each dog or cat and the name of the consignor and consignee. The certificate or form shall list the vaccines administered to each dog or cat and shall state that the animal(s) is/are not showing signs of infectious, contagious and or communicable diseases. G. Permit for State Entry: A document issued by the Commissioner of the Department of Agriculture, Food and Rural Resources to the owner or owners of dogs and cats purchased (or dogs and cats whose ownership or care-taking responsibilities have been transferred to another person) for resale or adoption in the State of Maine that must be obtained previous to the time of entry into the State for resale. |