Sec. 26-55. Permit for importing, possessing or liberating fish, wild birds, wild mammals, reptiles, amphibians and invertebrates.
Sec. 26-55. Permit for importing, possessing or liberating fish, wild birds, wild
mammals, reptiles, amphibians and invertebrates. No person shall import or introduce into the state, or possess or liberate therein, any live fish, wild bird, wild mammal,
reptile, amphibian or invertebrate unless such person has obtained a permit therefor
from the commissioner, provided nothing in this section shall be construed to require
such permit for any primate species that weighs not more than fifty pounds at maturity
that was imported or possessed in the state prior to October 1, 2003. Such permit may
be issued at the discretion of the commissioner under such regulations as the commissioner may prescribe. The commissioner may by regulation prescribe the numbers of
live fish, wild birds, wild mammals, reptiles, amphibians or invertebrates of certain
species which may be imported, possessed, introduced into the state or liberated therein.
The commissioner may by regulation exempt certain species or groups of live fish from
the permit requirements. The commissioner may by regulation determine which species
of wild birds, wild mammals, reptiles, amphibians or invertebrates must meet permit
requirements. The commissioner may totally prohibit the importation, possession, introduction into the state or liberation therein of certain species which the commissioner
has determined may be a potential threat to humans, agricultural crops or established
species of plants, fish, birds, mammals, reptiles, amphibians or invertebrates. The commissioner may by regulation exempt from permit requirements organizations or institutions such as zoos, research laboratories, colleges or universities, public nonprofit
aquaria or nature centers where live fish, wild birds, wild mammals, reptiles, amphibians
or invertebrates are held in strict confinement. Any such fish, bird, mammal, reptile,
amphibian or invertebrate illegally imported into the state or illegally possessed therein
shall be seized by any representative of the Department of Environmental Protection
and shall be disposed of as determined by the commissioner. Any person, except as
provided in section 26-55a, who violates any provision of this section or any regulation
issued by the commissioner as provided in this section shall be guilty of an infraction.
Importation, liberation or possession of each fish, wild bird, wild mammal, reptile,
amphibian or invertebrate in violation of this section or such regulation shall be a separate
and distinct offense and, in the case of a continuing violation, each day of continuance
thereof shall be deemed to be a separate and distinct offense.
(1949 Rev., S. 4861; 1955, S. 2453d; 1967, P.A. 169; 1971, P.A. 174; 872, S. 251; P.A. 77-109, S. 1, 2; P.A. 85-53, S.
4; P.A. 89-218, S. 1, 3; P.A. 03-192, S. 3; June 30 Sp. Sess. P.A. 03-6, S. 242; P.A. 04-97, S. 5; 04-257, S. 42.)
History: 1967 act specifically listed wild quadrupeds to which prohibition applies and added exception for municipal
parks, zoos, nature centers, etc.; 1971 acts required that imported fish, birds and quadrupeds or their progeny not be
exported, sold, exchanged, given away or liberated without board's approval and later replaced references to board of
fisheries and game with references to environmental protection commissioner and department; P.A. 77-109 replaced listing
of specific quadrupeds with general reference, required that permits for possession of potentially dangerous wild animals
be issued pursuant to Sec. 26-40a and added provisions detailing commissioner's regulatory power, deleting exception re
parks, zoos, nature centers, etc. now incorporated under regulatory provisions; P.A. 85-53 applied provisions of section
to reptiles or amphibians and deleted reference to issuance of permits for possession of "potentially dangerous wild animals"
under Sec. 26-40a; P.A. 89-218 added exception for Sec. 26-55a and removed language concerning fine and imprisonment
and substituted language on infraction and on separate and continuing offenses; P.A. 03-192 replaced references to wild
quadrupeds with references to wild mammals, added references to invertebrates and made technical changes; June 30 Sp.
Sess. P.A. 03-6 added "provided nothing in this section shall be construed to require such permit for any live fish, wild
bird, wild mammal, reptile amphibian or invertebrate that was imported, introduced into the state, possessed or liberated
in the state prior to October 1, 2003"; P.A. 04-97 added permit exemption for primate species weighing not more than 50
pounds at maturity that were imported or possessed in the state prior to October 1, 2003, and made conforming changes,
effective May 10, 2004; P.A. 04-257 made technical changes, effective June 14, 2004.
Cited. 235 C. 426.
Cited. 34 CA 741; judgment reversed in part, see 235 C. 426.