SP0026, LD 11, item 1, An Act To Regulate the Keeping of Wolf Hybrids

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,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 7 MRSA §3931-B, sub-§2, as enacted by PL 2001, c. 129, §4, is repealed.

Sec. 2. 7 MRSA §3931-B, sub-§2-A is enacted to read:

2-A. Kennel license required. A person may not operate a wolf hybrid kennel without a license from the department. To apply for a license, a person must submit a completed form provided by the department. The completed form must include the name of the person operating the kennel, the mailing address of the kennel, the road or street address of the kennel, a description of the facilities for sheltering and confining the wolf hybrids and the number of wolf hybrids kept at the time of application. The applicant must submit with the license application proof that each wolf hybrid has been permanently identified in accordance with section 3921-A.

Sec. 3. 7 MRSA §3931-B, sub-§2-B is enacted to read:

2-B. Review of kennel license application; denial. Upon receiving an application under subsection 2-A, the department shall forward a copy of the application to the Department of Inland Fisheries and Wildlife for review to assess the potential threat to public safety or a wildlife population. The department shall consult with the Department of Inland Fisheries and Wildlife prior to issuing a license. The department may deny a license based on a potential threat to wildlife or public safety.

Sec. 4. Transition. The Department of Agriculture, Food and Rural Resources shall issue a conditional license to a wolf hybrid kennel registered under the former Maine Revised Statutes, Title 7, section 3931-B, subsection 2 that applies for a wolf hybrid kennel license under Title 7, section 3931-B, subsection 2-A. The conditional license remains in effect until the application materials have been reviewed by the Department of Inland Fisheries and Wildlife pursuant to Title 7, section 3931-B, subsection 2-B. If public safety concerns arise during the review, the Department of Agriculture, Food and Rural Resources may revoke the conditional license pending an administrative proceeding held in accordance with Title 5, chapter 375, subchapter 5.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

SUMMARY

This bill changes the registration requirement for a wolf hybrid kennel to a licensing requirement. It directs the Department of Agriculture, Food and Rural Resources to consult with the Department of Inland Fisheries and Wildlife on potential threats to wildlife and public safety prior to issuing a license. It provides for the conditional licensure of kennels that were previously registered.

SP0026 LD 11	First Regular Session - 125th Maine Legislature		LR 170 Item 1
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