Spotted Salamanders in Massachusetts - legal?

Linus

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According to the below website A. Maculatum is a state species listed as "Least Concern". It is not listed on the states list of threatened/endangered species:
MassWildlife - 321 CMR 10:00

This document also states:
(9) List of Amphibians. All amphibians may be kept without a permit except species categorically non-exempt pursuant to 321 CMR 9.01(3).

Then in the same document regarding collecting:
(3) No person shall disturb or harass or, except as authorized in a special educational or scientific permit from the Director, shall hunt, fish, trap or take by any means any of the following species or their eggs or young:

(a) Jefferson salamander (Ambystoma jeffersonianum)
(b) Blue-spotted salamander (Ambystoma laterale)
(c) Spotted salamander (Ambystoma maculatum)
(d) Marbled salamander (Ambystoma opacum)
(e) Four-toed salamander (Hemidactylium scutatum)
(f) Spring salamander (Gyrinophilus porphyriticus)
(g) Eastern spadefoot (Scaphiopus holbrooki)
(h) Northern leopard frog (Rana pipiens)
(i) Spotted turtle (Clemmys guttata)
(j) Bog turtle (Clemmys muhlenbergii)
(k) Wood turtle (Clemmys insculpta)
(l) Eastern box turtle (Terrapene carolina)
(m) Diamondback terrapin (Malaclemmys terrapin)
(n) Northern red-bellied cooter (Pseudemys rubriventris)
(o) Blanding's turtle (Emydoidea blandingii)
(p) Green seaturtle (Chelonia mydas)
(q) Hawksbill seaturtle (Eretmochelys imbricata)
(r) Loggerhead seaturtle (Caretta caretta)
(s) Kemp's ridley seaturtle (Lepidochelys kempii)
(t) Leatherback seaturtle (Dermochelys coriacea)
(u) Eastern hognosed snake (Heterodon platirhinos)
(v) Eastern wormsnake (Carphophis amoenus)
(w) Eastern ratsnake (Elaphe obsoleta)
(x) Northern copperhead (Agkistrodon contortrix)
(y) Timber rattlesnake (Crotalus horridus)

None of this stuff has been updated since 2002.. Just seeing if anyone out there can clarify.
I've emailed MassWildlife and i'm awaiting response.
 
321 CMR 9.01(3) probably refers to the list that follows (as you can see it is marked as a (3), which are species that are, for whatever reason, protected against collection. So chances are that means without a permit, no, you can't keep them. In many cases, a 'permit' is something as simple as a fishing license. But you're smart for emailing and asking for clarification.
 
Yeah that isn't the only time there's a contradiction regarding this species. I'd prefer to get CB specimens anyway, but hopefully MWL responds before I go gray.
 
FYI-

My response from MassWildlife:

Dear Eric,

Here is our web page on what captive or exotic wildlife may be kept without a permit. It is very much up to date in the information contained: Keeping Captive / Exotic Wildlife

You may keep a yellow-spotted salamander found in the wild, (2 at the most) but it is not an animal that can be purchased legally (or offered for sale) in Massachusetts. This species is not listed on the Mass. Endangered Species Act list.

I'm not sure if this means it's permitted to purchase them from out of state breeders. But at least we know it's legal to keep.
 
I would read that as they are not legal to purchase in Mass. Captive-bred specimens purchased out of state should be fine and exempt from the limit as long as you have paperwork from the breeder verifying that info.
 
If Mass is anything like PA you can have two total and any paperwork saying you bought them elsewhere will do you little good when the law knocks at you door.
 
I would venture to say that MA is like VA. Purchasing natives (except for a few specifically listed exceptions) from within state, out of state, CB or WC....it's all illegal.
 
It's funny you should say that;

Wildlife, Mass (FWE) mass.wildlife@state.ma.us

to me
Dear Eric,

It is not legal for them to be sold to anyone living in Massachusetts either, regardless of their origin.
 
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