250-RICR-60-00-1
250-RICR-60-00-1. Rules and Regulations Governing Wildlife Rehabilitation (version Amendment, 08/26/2021 to 01/04/2022)
1.1 Purpose
The proper care of sick,
orphaned, displaced, or injured wild animals requires special
knowledge, skills and facilities not possessed by the general public.
Specially trained individuals, collectively called wildlife
rehabilitators provide for the care of injured, sick, and orphaned
wildlife with the goal of returning them to the wild. The purpose of
these Regulations is to establish the standards under which wildlife
rehabilitators may be permitted to temporarily possess wildlife
protected by the Department under R.I. Gen. Laws Chapter 20-1, and to
ensure the safety and welfare of those animals under their care as
well as the health and safety of themselves and the general public.
1.2 Authority
These Rules and Regulations
are adopted pursuant to authority vested in the Director pursuant to
R.I. Gen. Laws Chapters 42-17.1, 42-17.6; R.I. Gen. Laws §§
20-1-4, 20-1-18, 20-1-22, 20-37-3 and in accordance with the
requirements of the Administrative Procedures Act, R.I. Gen. Laws
Chapter 42-35.
1.3 Application
The terms and provisions of
these Rules and Regulations shall be liberally construed to permit
the Department to effectuate the purposes of State law, Regulations,
and policies.
1.4 Incorporated Materials
A. These Regulations hereby
adopt and incorporate 50 C.F.R. § 17.11 (2017) by reference, not
including any further editions or amendments thereof and only to the
extent that the provisions therein are not inconsistent with these
Regulations.
B. These Regulations hereby
adopt and incorporate 50 C.F.R. § 17.12 (2016) by reference, not
including any further editions or amendments thereof and only to the
extent that the provisions therein are not inconsistent with these
Regulations.
C. These Regulations hereby
adopt and incorporate the "AVMA Guidelines for the Euthanasia of
Animals" (2013 Edition) published by the American Veterinary
Medical Association, by reference, not including any further editions
or amendments thereof and only to the extent that the provisions
therein are not inconsistent with these Regulations.
D. These Regulations hereby
adopt and incorporate the "Minimum Standards for Wildlife
Rehabilitation" (2012) published by the US National Wildlife
Rehabilitation Association and the International Wildlife
Rehabilitation Council, by reference, not including any further
editions or amendments thereof and only to the extent that the
provisions therein are not inconsistent with these Regulations.
1.5 Definitions
A. Wherever used in these
Rules and Regulations the following terms shall be construed as
follows:
1. "Department" or
"DEM" means the Rhode Island Department of Environmental
Management.
2. "Director" means
the Director of the Rhode Island Department of Environmental
Management, or his/her duly authorized agent or agents.
3. "Division" means
the Division of Fish & Wildlife of the Rhode Island Department of
Environmental Management so-called in the R.I. Gen. Laws;
4. "DOH" or "RIDOH"
means the Rhode Island Department of Health.
5. "Endangered species"
means those species of animals designated as threatened or endangered
according to the U.S. Fish and Wildlife Service as published in 50
C.F.R. § 17.11, incorporated above at § 1.4(A) of this
Part, and 50 C.F.R. § 17.12, incorporated above at § 1.4(B)
of this Part.
6. "Euthanasia"
means the humane destruction of an animal accomplished by a method
that involves instantaneous loss of consciousness followed
immediately by death or by a method that involves anesthesia produced
by an agent which causes painless and rapid loss of consciousness and
death during that period of unconsciousness.
7. "Exotic animals"
or "Exotic Wild Animals" means animals not occurring
naturally, either presently or historically, within the boundaries of
the State of Rhode Island.
8. "Exposure" means
the possible exposure to the rabies virus via a direct bite or
scratch, which results in a break in the skin of the victim or
contact between infectious material such as saliva or central nervous
system tissue and fluid with mucosa of the eye, nose, or mouth, or
via an existing break in the skin.
9. "Fish and Wildlife"
or "DFW" means the Division of Fish and Wildlife of the
Rhode Island Department of Environmental Management, formerly
referred to as the Division.
10. "IWRC" means the
International Wildlife Rehabilitation Council.
11. "Native wildlife",
"Native Animal", or "Native Wild Animal" means
all species of animals, including all subspecies thereof, occurring
naturally, either presently or historically, within the boundaries of
the State of Rhode Island.
12. “Permittee”
means the person who holds a valid Special Scientific Collectors
Permit to rehabilitate wildlife in Rhode Island.
13. “Person” means
any individual, partnership, firm, joint stock, company, corporation,
association, trust, estate, municipality, or other government entity
or other legal entity.
14. “Possess” or
“Possession” shall mean to exercise dominion or control
over a wild animal at any point starting from the point at which a
decision is made to capture, import, purchase, breed, keep, accept,
or otherwise manage an animal and lasting up to its ultimate
disposition.
15. “RVS” or
“Rabies vector species” shall mean those animals
considered common hosts of the rabies virus and for the purposes of
these Regulations shall mean: raccoon ( Procyon lotor ), striped
skunk ( Mephitis mephitis ), red fox ( Vulpes vulpes ),gray
fox ( Urocyon cinereoargenteus ), woodchuck ( Marmota monax ),
and all species of bats ( Chiroptera spp. ), and any other
mammal as may otherwise be determined by the State Rabies Board.
16. “Sharps” shall
mean instruments that have been used in animal or human patient care
of treatment, including instruments generated from the preparation of
human and animal remains for burial or cremation, or in medical,
research, or industrial laboratories, including, but not limited to,
hypodermic needles, syringes with or without the attached needle,
pasteur pipettes, scalpel blades, blood vials, needles with attached
tubing, glass carpules, and glass culture dishes regardless of
presence of infectious agents. Also included are other types of
broken or unbroken glassware that have been used in animal or human
patient care or treatment, such as used slides and cover slips. For
the purpose of these Regulations, disposable syringes and needles are
considered regulated medical waste after one (1) use.
17. “Small mammals”
for the purposes of these Regulations shall mean all native
terrestrial mammals except: beaver ( Castor canadensis ) , black
bear ( Ursus americanus ), bobcat ( Lynx rufus ), coyote
( Canis latrans ), fisher ( Pekania pennanti ), gray fox
( Urocyon cinereoargenteus ), moose ( Alces alces ),
porcupine ( Erethizon dorsatum ), raccoon ( Procyon lotor ),
red fox ( Vulpes vulpes ), river otter ( Lontra canadensis ),
striped skunk ( Mephitis mephitis ), white-tailed deer
( Odocoileus virginianus ), woodchuck ( Marmota monax ),
and all bats ( Chiroptera spp. ).
18. "Sponsor" means
any person currently permitted as a Level 2, 2 X, or 2 V
rehabilitator, agreeing to assist no more than three (3) Level 1
apprentices, and no more than seven (7) sub-permittees in accordance
with these Regulations.
19. "State list"
means currently listed wildlife species requiring a permit for
handling.
20. "State manual"
means the most current wildlife rehabilitation manual prepared by the
Division of Fish & Wildlife.
21. "State wildlife
rehabilitation manual" means the most current wildlife
rehabilitation manual prepared by the Division of Fish &
Wildlife.
22. “Sub-permittee”
means person(s) authorized by the Division of Fish and Wildlife to
assist currently licensed Level 2, 2 X, 2 V wildlife rehabilitators
with the rehabilitation of wildlife in accordance with these
Regulations.
23. “Supervision”
means the oversight and management of the activities of a
sub-permittee by the permittee occurring primarily onsite and at a
rehabilitation facility but may include periods of indirect oversight
of activities conducted independently by the sub-permittee.
24. “Transporter”
means persons authorized to transport wildlife to licensed wildlife
rehabilitators.
25. "Vector species"
or "Rabies vector species" means those species that are the
most common wildlife carriers of rabies including raccoons, skunks,
bats, woodchucks and foxes.
26. “Wild animal”
shall mean any animal other than a domestic animal and includes those
animals that may be defined as exotic or native wild animals.
27. "Wildlife
rehabilitation" means the practice of providing care for
injured, orphaned, displaced, or diseased indigenous wild animals
including their capture, transport, housing, feeding, and emergency
treatment for the primary purpose of release back into the wild.
28. "Wildlife
rehabilitator" or "Permittee" means persons who holds
a valid Special Scientific Collectors Permit to rehabilitate wildlife
in Rhode Island.
29. “Wildlife
Rehabilitators Association of Rhode Island” or “WRARI”
shall mean the Rhode Island-based, non-profit organization and the
affiliated Wildlife Clinic of Rhode Island.
1.6 Severability
If any provision of these
Rules and Regulations, or application thereof to any person or
circumstances, is held invalid by a court of competent jurisdiction,
the validity of the remainder of the Rules and Regulations shall not
be affected thereby.
1.7 Violations
A. Any violation pursuant to
the provisions of R.I. Gen. Laws Title 20 and the Rules and
Regulations herein, either by a permittee or a sub-permittee working
under said permittee may be cause for imposing penalties in
accordance with the provisions of the above-mentioned statute,
removal of wild animals in their possession as well as revocation of
existing wildlife rehabilitation permit(s) of both the sub-permittee
and responsible permittee.
B. Special Purpose Scientific
Collector Permits for Wildlife Rehabilitation may be terminated by
the Director for any of the following reasons:
1. The Wildlife Rehabilitator
has ceased to meet appropriate eligibility requirements for
appointment as set forth in these Regulations.
2. The Wildlife Rehabilitator
has failed to perform duties as provided for or required in these
Regulations.
3. The Level 1 Apprentice
Wildlife Rehabilitator or sub-permittee does not meet criteria on
evaluation form and/or is no longer endorsed by their designated
sponsors.
4. The Wildlife Rehabilitator
has ceased to have an approved wildlife rehabilitation facility
available for permittee’s use.
The loss of, or inability to
obtain veterinary cooperation from a Rhode Island licensed
veterinarian as required.
1.8 Superseded Rules and
Regulations
On the effective date of
these Rules and Regulations, all previous Rules and Regulations and
any policies regarding the administration and enforcement of wildlife
rehabilitators shall be superseded. However, any enforcement action
taken by, or application submitted to, the Department prior to the
effective date of these Rules and Regulations shall be governed by
the Rules and Regulations in effect at the time the enforcement
action or application filed.
1.9 Appeal and Hearing Procedures
A. Opportunity for Hearing
1. Denials – Any person
whose application for a permit, permit renewal, or other approval,
has been denied by the permitting agency, acting through Fish and
Wildlife, may appeal to the Administrative Adjudication Division, for
review of the decision on which the denial is based.
2. Violations – Any
person who has been issued a notice of violation of any of the
provisions of these Rules, may request a hearing from the
Administrative Adjudication Division, subject to the provisions of
R.I. Gen. Laws § 42-17.1-2(u).
3. Hearings and Administrative
Procedure – Pursuant to the authority granted to the Department
in R.I. Gen. Laws § 42-17.7-9:
a. Any person who seeks an
adjudicatory hearing in order to contest an enforcement action which
alleges violation(s) of these Rules and Regulations must file said
request in writing with the clerk of Administrative Adjudication
Division, 235 Promenade Street, 3 rd Floor, Providence,
Rhode Island, 02908 within twenty (20) days of receipt of the
contested agency enforcement action.
b. Any person who seeks an
adjudicatory hearing relative to the denial of a permit or sub-permit
arising under these Rules and Regulations must file said request in
writing with the clerk of Administrative Adjudication Division, 235
Promenade Street, 3 rd Floor, Providence, Rhode Island
02908 within thirty (30) calendar days of receipt of the contested
agency action.
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-rabies vector species 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. Part 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 species defined as
“Exotic Wild Animals” without prior approval of the
Division, except for those species listed in § 1.10(N) of this
Part.
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 ), black bear ( Ursus americanus ), 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. 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 (§ 216-20-15-6. 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 (1 st ) attempt. Persons not achieving a
passing grade on the second (2 nd ) attempt may retake the
exam no sooner than fourteen (14) days following the second (2 nd )
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 at the
end of the calendar year 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.
1.11 Application Requirements for
All Categories
A. A Special Scientific
Collectors Permit to rehabilitate wild animals may only be issued to
a person who:
1. Is a resident of Rhode
Island or is a non-resident whose wildlife rehabilitation activities
occur in Rhode Island or whose facility exists within the State;
2. Is at least eighteen (18)
years of age;
3. Submits a complete and
accurate written application on forms provided by the Division;
4. Has achieved a grade of
eighty percent (80%) or higher on the written examination
administered by the Division for respective categories;
5. Has successfully completed
the International Wildlife Rehabilitation Council’s (IWRC)
Basic Wildlife Rehabilitation Course, or other course of similar
scope and content that has been approved by the Division.
Sub-permittees and currently licensed veterinarians are exempt from
this requirement;
6. Provides a letter from a
veterinarian currently licensed in Rhode Island who agrees to provide
veterinary services and consultation to the permittee, if the
applicant is not a Rhode Island-licensed veterinarian;
7. Submits completed
rehabilitation log sheets, on forms provided by or approved by the
Division for the previous season activities, where applicable;
8. Provides or has access to a
suitable rehabilitation facility, meeting minimum requirements as
defined in these Regulations;
9. For migratory birds,
provides a copy of the applicants U.S. Fish and Wildlife Service
special purpose rehabilitation permit;
10. Provides certification of
proof of Tetanus vaccine within the last ten (10) years;
11. Provides certification
that no local ordinances prohibit the possession of wildlife for
purposes of wildlife rehabilitation and/or that the possession of
wildlife for such purposes does not violate any rental or real estate
agreement at the property where the activities are to occur;
12. Provides certification
that he or she has not been convicted of, or admitted to a violation
of any provisions of these Regulations or other wildlife law in this
State or had his or her Special Scientific Collector’s permit
to rehabilitate wildlife revoked or suspended within three (3) years
prior to application;
13. Provides certification
that all wildlife rehabilitation activities will comply with these
Regulations;
14. Provides certification
that the permittee will hold the Department harmless for any damage,
injuries, or infections to the permittee, sub-permittees, volunteers,
or the public caused by any wildlife held, captured, or transported
as authorized by and due to activities or actions associated with
this permit, to include treatment for and prevention of such, and
assumes all liability associated with this permit;
15. Submits payment of a
non-refundable permit fee, as prescribed under R.I. Gen. Laws §
20-1-21. Sub-permittees are exempt from the permit fee.
1.12 Permit Categories
A. The Division of Fish and
Wildlife may issue an annual Special Scientific Collectors Permit
pursuant to authority granted to the Department in R.I. Gen. Laws §
20-1-18 to rehabilitate wild animals to persons meeting the criteria
set forth in these Regulations.
B. Prior to permit issuance,
the Division of Fish and Wildlife shall determine that, in addition
to meeting all the requirements specified in § 1.11 of these
Regulations, the applicant has met the following requirements to be
permitted in the categories described below.
1.12.1 Wildlife
Rehabilitator 2
A. Qualified persons are those
persons:
1. Who were previously
licensed as a Level 2 wildlife rehabilitator in Rhode Island, or in
another State having equivalent requirements and offering reciprocal
privileges to licensed rehabilitators of this State, or,
2. Who previously held a Level
1 permit for a minimum of nine (9) months immediately preceding the
year of application for a Level 2 permit, with a letter of
recommendation from their Level 2 sponsor.
B. Level 2 permittees may be
authorized to rehabilitate or to possess for purposes of
rehabilitation: amphibians, reptiles, mammals (except for RVS),
non-migratory and migratory birds (in accordance with a U.S. Fish and
Wildlife Service Special Purpose Rehabilitation Permit).
C. Level 2 permittees may
euthanize wildlife that are injured, sick, orphaned, or not likely to
function normally or survive if released.
D. Level 2 permittees are
permitted to supervise and receive assistance from up to seven (7)
sub-permittees at the discretion of the Division and may sponsor no
more than three (3) Level 1 Apprentices. Level 2 permittees are
responsible for the rehabilitation activities of any sub-permittees
under their supervision.
E. Persons who have previously
held a Level 2 or 2 X permit under these Regulations but have not
renewed their permit for three (3) or more consecutive years may only
reapply as a Level 1 wildlife rehabilitator (§ 1.12.4 of this
Part)
1.12.2 Wildlife
Rehabilitator 2 X
A. Qualification is limited to
those persons meeting Level 2 requirements in addition to the
conditions and requirements as described in §§ 1.10, 1.13
and 1.14 of this Part and Part
40-05-2
of this Title, Rules and Regulations Governing the Prevention,
Control, and Suppression of Rabies Within the State of Rhode Island.
B. Level 2 X wildlife
rehabilitators must provide proof of current rabies vaccination with
a titer level of not less than one half (0.5) International Units of
antibody per milliliter (> 0.5 IU/ml). Applicants for renewal of
Level 2 X permit must submit proof of rabies titer level no less than
every two (2) years.
C. Level 2 X permittees may be
authorized to rehabilitate or to possess for purposes of
rehabilitation: amphibians, reptiles, mammals (including RVS),
non-migratory and migratory birds (in accordance with a U.S. Fish and
Wildlife Service Special Purpose Rehabilitation Permit).
D. Level 2 X permittees may
euthanize wildlife that are injured, sick, orphaned, or not likely to
function normally or survive if released.
E. All Level 2 X wildlife
rehabilitators must abide by the following protocols, and applicable
provisions of Part
40-05-2
of this Title, Rules and Regulations Governing the Prevention,
Control, and Suppression of Rabies Within the State of Rhode Island.
F. Level 2 X permittees are
permitted to supervise and receive assistance from up to seven (7)
sub-permittees and sponsor no more than three (3) Level 1
Apprentices, provided that the sub-permittee(s) and Apprentice(s) are
not directed or allowed to handle, transport, possess, or otherwise
have contact with any rabies vector species (RVS). Level 2 X
permittees are responsible for the rehabilitation activities of any
sub-permittees under their supervision.
1.12.3 Wildlife
Rehabilitator 2 V
A. Qualification is limited to
veterinarians licensed in Rhode Island. Level 2 V applicants are
exempt from the requirements as described in §§ 1.11(A)(4),
(5), and (6) of these Regulations. Level 2 V permittees are subject
to all other pertinent regulatory requirements of these Regulations.
B. Level 2 V permittees may be
authorized to rehabilitate or to possess for purposes of
rehabilitation: amphibians, reptiles, mammals (including RVS),
non-migratory and migratory birds (in accordance with a U.S. Fish and
Wildlife Service Special Purpose Rehabilitation Permit).
C. Level 2 V permittees may
euthanize wildlife that are injured, sick, orphaned, or not likely to
function normally or survive if released.
D. Level 2 V permittees are
permitted to supervise and receive assistance from up to seven (7)
sub-permittees and sponsor no more than three (3) Level 1
Apprentices, provided that the sub-permittee(s) and Apprentice(s) are
not directed or allowed to handle, transport, possess or otherwise
have contact with any RVS. Level 2 V permittees are responsible for
the rehabilitation activities of any sub-permittees under their
supervision.
1.12.4 Wildlife
Rehabilitator 1, "Apprentice"
A. Qualified applicants are
authorized to possess, receive, rehabilitate, transport, transfer and
release amphibians, reptiles, mammals (except for RVS), non-migratory
and migratory birds (in accordance with a U.S. Fish and Wildlife
Service Special Purpose Rehabilitation Permit) and as approved by the
Division.
B. Level 1 Apprentice
applicants must provide a written letter of agreement from a
currently-licensed Wildlife Rehabilitator Level 2, 2 X, or 2 V,
stating that he or she is willing to serve as the applicants sponsor
for one (1) calendar year.
C. Level 1 Apprentice
permittees may euthanize wildlife that are injured, sick, orphaned,
or not likely to function normally or survive if released.
D. Level 1 Apprentice
permittees are not authorized to sponsor sub-permittees.
1.12.5 Transporter
A. Qualified persons are
limited to those persons holding Level T permits at the time these
Regulations were adopted and their current sub-permittees, or
individuals who have attended and successfully completed a class in
transporting wildlife or other relevant training provided by, or
otherwise approved by, the Division.
B. Transport permittees are
limited to the transport of birds and non-RVS small mammals from the
point of possession and directly transporting to a licensed wildlife
rehabilitator.
1.12.6 Sub-permittees
A. Qualified persons may
perform limited wildlife rehabilitation activities as prescribed by
these Regulations under the supervision of a permittee provided that:
1. The sub-permittee has
passed a written examination administered by the Division with a
grade of eighty percent (80%) or higher;
2. The sub-permittee provides
documentation that they have successfully completed six (6) hours of
classroom instructional training as provided by the Wildlife
Rehabilitators Association of Rhode Island or other equivalent
training approved by the Division;
3. A permittee provides the
name and address of the sub-permittee(s) working under their
supervision to the Division annually;
4. The permittee provides the
sub-permittee with written instruction concerning caging, dietary
requirements, personal protection, and any other assistance the
permittee deems necessary;
5. The sub-permittee follows
the written instruction provided by the permittee;
6. The permittee inspects the
facilities of the sub-permittee prior to the sub-permittee receiving
any wildlife and the permittee provides the Division with an
inspection report for the sub-permittee’s facilities;
7. All wildlife is admitted
through a permittee, the sub-permittee may not accept or obtain
wildlife from any other source;
8. The sub-permittee does not
possess any category of wildlife that the permittee is not authorized
to rehabilitate;
9. The sub-permittee at no
time possesses raptors or RVS;
10. The sub-permittee conducts
wildlife rehabilitation activities within Rhode Island.
B. Sub-permittees may not
euthanize animals.
C. Sub-permittees are
restricted to pre-fledged songbirds, pre-fledged waterfowl, reptiles,
amphibians, and pre-weaned, non-RVS small mammals.
D. A permittee may terminate
his or her relationship with a sub-permittee at any time. The
Division must be notified of termination of said relationship within
five (5) days of termination. A sub-permittee’s permit becomes
invalid upon termination of relationship with a permittee.
1.13 Facility Requirements
A. All rehabilitation
facilities must meet or exceed the IWRC’s Minimum Standards for
Wildlife Rehabilitation (2012) Basic Requirements for Housing Wild
Animals in Rehabilitation (§ 1.4(D) of this Part).
B. For RVS, in addition to
meeting the IWRC Minimum Standards for Wildlife Rehabilitation (2012)
Basic Requirements for Housing Wild Animals in Rehabilitation, all
facilities must also meet or exceed the following requirements:
1. Caging, holding, and
treatment areas for RVS must be separate from other non-RVS
rehabilitation caging;
2. Rehabilitation of RVS may
not take place in areas used for human food preparation or in other
living areas in general use by human occupants;
3. All cages must consist of
double caging; e.g. a cage within a room or building that can be
secured from the public or domestic animals and to prevent escapes,
or a cage within a larger cage or perimeter fencing that can be
locked and provide adequate separation to prevent contact with humans
and other animals and escapes;
4. The RVS cannot come into
contact with any other domestic or wild animal;
5. The RVS cannot come into
contact with any person outside the cage;
6. There is a means to observe
the RVS inside the cage prior to entering or accessing the cage;
7. The cages can be secured to
prevent opening by unauthorized people or other animals;
8. A RVS can be safely removed
from caging or confinement using appropriate handling equipment and
techniques;
9. Caging used for raccoons
shall not be used for other species;
10. RVS facilities must be
prominently marked: “WARNING: WILDLIFE RABIES ISOLATION AREA:
KEEP AWAY.”
11. Visual barriers shall be
used to prevent or minimize disturbance and reduce habituation.
C. Division staff will conduct
an interview and inspection for first-time applicants, other than
sub-permittees, or when a permittee makes significant changes or
additions to their facilities, to ensure compliance prior to the
issuance of a permit.
D. Permittees must notify the
Division within thirty (30) days prior to moving or closing their
facility.
1.14 Rabies Vector Species Special
Conditions and Requirements
A. Only apparently healthy,
juvenile (estimated to be ten (10) weeks of age or less) raccoons,
skunks, red and gray foxes, and woodchucks, and bats of any age are
candidates for rehabilitation, and only if the DOH has determined
that no human or animal exposure has occurred. Apparently healthy
shall mean that the animal in question exhibits no signs of
behavioral, locomotive, or neurological impairment or wounds of
unknown origin.
B. Any RVS that exhibits signs
of behavioral, locomotive, or neurological impairment, or has a wound
of unknown origin shall not be a candidate for rehabilitation and
must be euthanized.
C. Bats of any age are
candidates for rehabilitation, provided that the DOH has been
contacted and has determined there has been no human or animal
exposure and that the bat exhibits no signs of behavioral or
neurological impairment.
D. The DOH must be notified
immediately upon the submission of an RVS, to determine if a human or
animal exposure has occurred.
E. Level 2 X wildlife
rehabilitators are responsible for the capture, restraint, and
transport of RVS.
F. Level 2 X wildlife
rehabilitators must not request or direct any member of the public to
handle, capture, or transport an RVS.
G. Wildlife rehabilitators
must complete a "Rabies Vector Species Acceptance-Interview"
form for each RVS that is received for intake. One (1) form may be
used if the RVS incident involves more than one (1) animal.
H. When a person informs a
wildlife rehabilitator that he or she has been bitten, scratched, or
otherwise potentially exposed to the saliva of an RVS, the wildlife
rehabilitator must:
1. Advise the person to
immediately wash the wound with soap and water;
2. Advise the person to call
his or her physician and to seek medical attention immediately;
3. Immediately notify the DOH
of the incident and request further instructions concerning the
disposition of the RVS animal
I. When informed that an RVS
in their care has bitten, scratched or otherwise potentially exposed
a domestic animal (e.g. cat, dog, or ferret), the wildlife
rehabilitator must:
1. Advise the person to avoid
touching the domestic animal or use gloves when doing so;
2. Immediately notify the
Animal Control Officer (ACO) in the municipality in which the
incident occurred and request further instructions on the disposition
of the wild animal. If the ACO is not available, contact the DOH;
3. Advise the person to
contact their veterinarian to determine the animal’s
vaccination history;
J. When informed that an RVS
in their care has bitten, scratched, or otherwise potentially exposed
a domestic animal other than a cat, dog, or ferret (e.g. cow or
horse), the rehabilitator must:
1. Advise the person to avoid
touching the domestic animal or to use gloves when handling the
domestic animal;
2. Notify the ACO;
3. Immediately notify the DOH
of the incident and request further instructions concerning the
disposition of the RVS;
4. Notify the State
Veterinarian;
5. Advise the person to call
his or her veterinarian to determine vaccination history, if
applicable
K. The permittee must notify
RIDOH immediately if an RVS dies while in care and make the animal
available for rabies testing. If the animal in question tests
positive for rabies all cage mates or other animals having previous
contact are not to be released and must be euthanized.