§197-3  Introduction of aquatic life andwildlife.  (a)  No species of aquatic life and wildlife shall bedeliberately introduced by the department under this chapter into any habitatwithin the State, whether the introduction is from without the State into theState or from one area in the State into another area in the State unless theintroduction is recommended by the department and authorized by rules of thedepartment pursuant to chapter 91.

(b)  The department, in determining whether torecommend the deliberate introduction of aquatic life and wildlife, shall makethe following findings:

(1)  The factors which limit the distribution andabundance of the species in its native habitat have been studied and itsprobable dispersal pattern appraised;

(2)  Whether in the area where the species is proposedto be introduced there is or had been stock of a desirable, ecologicallycomparable indigenous species which can be increased or rehabilitated byreintroduction or by encouraging extension of its range;

(3)  Whether the species proposed to be introducedwould threaten the existence and stability of any indigenous species aspredator; competitor for food, cover, or breeding sites; or in any other wayarising from its characteristics and ecological requirements;

(4)  The availability of socially acceptable methodsof eliminating the species or keeping it under control in the area where it isproposed to be introduced and in adjoining areas;

(5)  The extent to which the species will enhance theeconomic and aesthetic values of the area where it is proposed to beintroduced;

(6)  That the individuals to be introduced are free ofcommunicable diseases and parasites and that there is no reason to believe thatany communicable disease or parasite constitutes an important factor in thecontrol of population; and

(7)  That there is no foreseeable risk of conflict onaccount of the introduction with land use policies in the area where a speciesis proposed to be introduced or in adjoining areas to which the species mightspread.

(c)  Before any species of aquatic life orwildlife is introduced, under this chapter, into a habitat, the suitability ofthe introduction shall be tested, if there is available an experimental areawhich can be fully controlled with a habitat typical of the area where thespecies is proposed to be introduced.

(d)  When a species of aquatic life or wildlifeis deliberately introduced into a habitat under this section, and until thespecies becomes established there on a stable basis, the department shallconduct studies of the introduced species in its new habitat, including studiesof its rate of spread and impact on the habitat.

(e)  Any person who violates this section orany rule adopted pursuant to this section shall be subject to the penaltiesprovided in section 197-5. [L 1985, c 74, pt of §1]