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Possession of Wild Animals: Related Statutes

Statute Name Citation Summary
AZ - Endangered, nongame - Illegal Taking or Wounding of Wildlife   AZ ST § 17-268, § 17-296, § 17-298, § 17-314  

Arizona assesses a monetary civil penalty for the possession or taking of listed species of wildlife and endangered/nongame wildlife (including eagles).  This fine goes to the state wildlife theft prevention fund and is in addition to any other fine or penalty assessed by law.  For discussion of federal Eagle Act, see Detailed Discussion.

 
CA - Bighorn Sheep - Provisions Specific to Bighorn Sheep   CA FISH & G § 4900 - 4904  

The California Legislature declares that bighorn sheep are an important wildlife resource of the state to be managed and maintained at sound biological levels. The policy of the state is to encourage the preservation, restoration, utilization, and management of California's bighorn sheep population. To achieve these goals, these sections provide for the creation of management unit plans. 

 
CA - Birds - Statutes Pertaining to Birds   CA FISH & G § 3500 - 3857   These various sections are all related to the protection of birds in California.  Within these sections, the Legislature has enumerated fully protected birds in the state, prohibited activities such as destroying bird nests and eggs, required licenses for duck hunting, and outlined several provisions to guide state efforts in preserving and rehabilitating the California Condor.  
CA - Burro - Killing or capturing undomesticated burro; prima facie evidence   CA FISH & G § 4600   This section makes it unlawful to kill, wound, capture, or have in possession any undomesticated burro. An undomesticated burro is a wild burro or a burro which has not been tamed or domesticated for a period of three years after its capture.  
CA - Fish & Game - Taking and Possessing of Fish and Game in General (California)   CA FISH & G § 2000 - 2020   These sections make it unlawful to take any bird, mammal, fish, reptile, or amphibian except as provided in this code.  Some of the restrictions in the code refer to taking after season, offering a prize or inducement to take game, setting a bounty for an animal, using sniper scopes, artificial lights, or trap guns.  Section 2009 also makes it a crime willfully interfere with the participation of any individual in the lawful activity of shooting, hunting, or fishing.  
CA - Hunting - Management of Deer   CA FISH & G § 450 - 460  

In an effort to to encourage the conservation, restoration, maintenance, and utilization of California's wild deer populations, these sections mandate the creation of plans for deer herd management units. Such units may encompass a single deer herd or a group of deer herds having similar management and habitat requirements and characteristics. The objectives of such management plans are the restoration and maintenance of healthy deer herds in the wild state and to provide for high quality and diversified use of deer in California.

 
CA - Hunting - Nongame Mammals and Depredators   CA FISH & G § 4150 - 4155, 4180-4190   These sections regulate the taking and permitted killing of nongame mammals and depredatory animals.  Nongame mammals are described in the code as a default category, namely, all mammals occurring naturally in California which are not game mammals, fully protected mammals, or fur-bearing mammals, are nongame mammals.  Nongame mammals that are found to be injuring growing crops or other property may be taken at any time or in any manner in accordance with this code.  A similar provision allows for the taking fur-bearing depredator mammals that damage property, but the code restricts the manner in which they may be taken.  For example, it is unlawful to use snares, hooks, or barbed wire to remove from the den, or fire to kill in the den, any immature depredator mammal.  
CA - Hunting - Taking Deer   CA FISH & G § 4301 - 4304   These sections regulate the selling of deer meat and other parts of the deer, namely the skin, hide and head.  Once a deer has been legally taken, the code allows the skin or hide to be sold, purchased, tanned, or manufactured into articles for sale.  There is also a provision which prohibits the capturing or destroying of any deer and detaching or removing from the carcass only the head, hide, antlers, or horn.  This same section also forbids any person from leaving through carelessness or neglect any game mammal or game bird which is in his possession, or any portion of the flesh thereof usually eaten by humans, to go needlessly to waste.  
CA - Hunting Bears - Provisions Specific to Bears   CA FISH & G § 4750 - 4763   These sections outline the requirements for taking a bear in California.  It is unlawful, for example, to take any bear with a firearm, trap, or bow and arrow without first procuring a license tag authorizing the taking.  These sections list the license requirements and other restrictions on the method of taking, including penalties for violations.  
CA - Mountain Lions - Provisions Specific to Mountain Lions   CA FISH & G § 4800 - 4809  

California statutes make mountain lions specially protected mammals.  These sections make it unlawful to take, injure, possess, transport, import, or sell any mountain lion or any part or product thereof.  Specific exceptions to these prohibitions include instances where a mountain lion is perceived to be an imminent threat to public health or safety or when it is perceived by to be an imminent threat to the survival of any threatened, endangered, candidate, or fully protected sheep species. 

 
CA - Pigs, Wild - Provisions Specific to Wild Pigs   CA FISH & G § 4650 - 4657   These provisions make it unlawful to take any wild pig in California without first procuring a license tag authorizing the taking.  These sections outline the requirements for licenses and require plans for the management of wild pigs. Under these plans, the status and trend of wild pig populations are determined and management units shall be designated within the state.  
CA - Protected Reptiles & Amphibians - Protected Reptiles and Amphibians (California)   CA FISH & G § 5000 - 5062   These sections are the California statutes that specifically protect certain reptiles and amphibians.  The sections enumerate the protected species and strictly prohibit taking and possession, with  a narrow exception that may be granted by permit to an educational or scientific institution or a public zoological garden.  
CA - Wild Animal - Chapter 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals.   CA FISH & G § 2116.5 - 2195  

The California Legislature adopted this act based on a findings that wild animals are captured for importation and resold in California and that some populations of wild animals are being depleted, that many animals die in captivity or transit, and that some keepers of wild animals lack sufficient knowledge or facilities for the proper care of wild animals.  It was the intention of the Legislature to regulate the importation, transportation, and possession of wild animals to protect the native wildlife and agricultural interests against damage from the existence at large of certain wild animals, and to protect the public health and safety in this state.  The act defines "wild animal" and classifies them by species.  Among other things, the act also includes inspection and permit provisions that govern the treatment of wild animals and the actions that may be taken where they are concerned.

 
CO - Nongame - Wildlife; Illegal Possession   CO ST § 33-6-109  

Colorado law prohibits the taking, hunting, or possession of animals deemed property of the state or wildlife taken in violation of state, federal, or non-U.S. law (including bald and golden eagles), resulting in a misdemeanor with up to one year in jail and fines.  Further, there is an additional penalty for the taking of "big game" species.  It is also illegal to have in one's possession any nonnative or exotic species.  For discussion of federal Eagle Act, see Detailed Discussion.

 
CT - Fisheries & Wildlife - Fisheries and Game - Definitions   CT ST § 26-1   Definitions for the Connecticut Statute for Fisheries and Wildlife  
DE - Exotic Pets - Possession of Mammals or Reptiles Exotic to Delaware   DE ST TI 3 § 7201   This Delaware law requires a permit to possess, sell, or import any non-native wild animal. No such permits will be granted for non-native venomous snakes.  
GA - Hunting - Hunting, possessing, or transporting birds generally   Ga. Code Ann. § 27-3-22  

Georgia is unique insofar as it prohibits the killing, possession, sale, and transporting of eagles and other migratory birds except for the transportation of feathers into the state of non-migratory birds for millinery purposes (the making of hats or headdresses).  For discussion of federal Eagle Act, see Detailed Discussion.

 
IL - Hunting - Exotic game hunting area permit   IL ST CH 520 § 5/3.34   This Illinois statute provides that any person who imports into Illinois wild or semi-domestic mammals from other states or foreign countries for the purpose of providing hunting with bow and arrow or gun with or without dogs must obtain an exotic game hunting area permit.  Certain specifications are outlined in the statute, including the requirement that the area be at least 640 contiguous acres and a certification that the animals are disease-free.   
IL - Possession - Possession of Wild Birds and Mammals   IL ST CH 520 § 5/2.2; § 5/2.4; § 5/2.36a  

Three statutes related to the possession of wild birds and animals are listed here.  Possession of any listed wild bird or its parts (including the eagle) is illegal under the statute, except for the bona fide scientific or zoological exhibition. Under the falconry statute, the eagle is also specifically excepted for use in falconry. It is also a felony to engage in any commerce of certain listed species where the minimum fine for violating this section is the "fair market value" of the species listed.  For discussion of federal Eagle Act, see Detailed Discussion.

 
KS - Possession - Commercialization of Wildlife   KS ST § 32-1005  

Knowingly capturing, killing, or possessing for profit, or selling, bartering, purchasing or offering to do so as well as the shipping or transportation of wildlife constitutes the commercialization of wildlife.  The possession of listed wildlife for commercial purposes is considered a "nonperson" misdemeanor or felony depending on whether the aggregate value is greater than $500. Commerce in protected wildlife (including eagles) incurs at least the minimum fine and may also result in the confiscation of equipment, license sanctions, and restitution.  For discussion of federal Eagle Act, see Detailed Discussion.

 
KY - Trade - Buying and selling protected wildlife   KY ST § 150.180; 150.390; 150.990   Kentucky statute prohibiting the trade in protected wildlife; Kentucky statute prohibiting the hunting of bears; Kentucky statute providing punishment for violation of aforementioned statutes.  
LA - Zoo - Sport killing of zoo or circus animals prohibited   LA HB 1621 (Section 1. R.S.14:102.19)   This Louisiana statute is aimed at eliminating the practice of selling retired zoo or circus animals to "canned hunt" facilities.  It makes both the killing of a former zoo or circus animal for sport a crime as well as the sale or donation of such animal to any sport hunting entity.  Violation of the act incurs a potential $500 fine and/or six months imprisonment.  
MA - Breeding - Propagation, dealing, etc., in fish, birds, mammals, reptiles or amphibians; rules and regulations; licenses; fees   MA ST 131 § 23   Massachusetts bans private possession of exotic pets, and requires licenses for those who deal and propagate wild species for other reasons. The Massachusetts director of the Division of Fisheries and Wildlife also issues a list of exempted species for which no permit is needed.  
MA - Exotic Pets - Ban on Possession, Sale, etc. of Wild Dog and Cat Hybrids; Penalty; Exceptions.   MA ST 131 § 77A; M.G.L.A. 131 § 77A   Massachusetts bans hybrid animals, those offspring of mating between a domestic animal and its wild counterpart, usually wolves and dogs. No individual may possess or own a hybrid as a pet.  
MA - Possession - Birds of Prey   Mass. Gen. Laws. ch. 131, § 75A  

Massachusetts specifically protects the eagle as a bird of prey from hunting or possession, unless provided by permit. The law further prohibits the possession, harassment or harming of the eggs and nests of birds of prey. Notably, sale and transportation are not specifically listed under the statute.  For discussion of federal Eagle Act, see Detailed Discussion.

 
MI - Exotic Pets - Animal Industry; Large Carnivore Act   MI ST 287.1101-1123   This Michigan law bans acquisition and possession of large carnivores (big cats and bears), though it “grandfathered” animals already owned as pets at the time of the law's enactment. In order to maintain public safety and animal welfare, the state created a strict permit system for those owners who were allowed to keep their already-existing pets.  The statute also outlines minimal care requirements, transportation guidelines, and procedures for when a large carnivore suspected of carrying rabies bites a human or livestock.  
MI - Exotic Pets - Chapter 287. Animal Industry; Wolf-dog Cross Act   MI ST 287.1001-1023   This Michigan law bans acquisition and possession of wolf-dog hybrids, though it “grandfathered” animals already owned as pets at the time of the law's enactments. In order to maintain public safety and animal welfare, the state created a strict permit system for those owners who were allowed to keep their already-existing pets.  
MI - Exotic Pets - Importation of species having potential to endanger life or property prohibited; importation of wild or exotic animals; requirements and prohibitions   MI ST 287.731   Michigan completely prohibits the importation into the state of “any species having the potential to spread serious diseases or parasites, to cause serious physical harm, or to otherwise endanger native wildlife, human life, livestock, domestic animals, or property.” For other wild or exotic animals, Michigan regulates various aspects of their importation, such as requiring physical exams by vets, negative disease tests, and proper animal care and restraint.  
MI - Foxes - Regulation of Wildlife: Foxes In Captivity (Natural Resources and Environmental Protection Act)   MCL 324.43101 to MCL 324.43104   These sections lay out the regulations and prohibited acts in regards to foxes in captivity.  
MI - Hunting - Hunter Harassment   MCLA 324.40112  

This law makes it a crime to interfere or obstruct someone in the lawful taking of animals.

 
MI - Trapping - Furs, Hides and Pelts (Natural Resources and Environmental Protection Act)   MCL 324.42501 to MCL 324.42507   These sections describe the regulations for trapping for furs, hides and pelts. This includes the requirement for a fur dealer's license and for a monthly report of all pelts on hand.  
MT - Commerce - Unlawful possession, shipping, or transportation of game fish, birds, game animals, or fur-bearing animals -- exceptions -- penalties   Mont. Code Ann. § 87-3-111  

Under Montana State law, it constitutes a misdemeanor offense to buy, sell, or possess, or offer to buy, sell or possess any migratory game bird, game fish, or game animal.  The exceptions include the possession and transportation of legally taken game animals, the sale or purchase of hides, heads or mounts of legally acquired game animals, and the possession of naturally shed antlers of game animals, among other exceptions.  For discussion of federal Eagle Act, see Detailed Discussion.

 
NC - Commerce - Specific Violations; Sale and Possession of Wildlife   NC ST § 113-294  

North Carolina law makes it a Class 2 misdemeanor to sell, possess for sale, or buy any wildlife. Further, the law specifically makes it a greater transgression (a Class 1 misdemeanor) to unlawfully take, possess, transport, sell, or buy any dead or alive bald or golden eagle, nest or egg.  The taking of other animals listed like bears and cougars also incurs greater penalty.  For discussion of federal Eagle Act, see Detailed Discussion.

 
NE - Hunting - Administrative Wildlife Regulations: Keeping Wildlife in Captivity   163 NAC Ch. 4, § 008   These Nebraska administrative regulations set forth the regulations pertaining to captive wildlife permits.  Under the provisions, Captive Wildlife Permits shall not be issued for wild birds or wild mammals which have been taken or removed from the wild.  It is also unlawful for wild birds or wild mammals to be kept in captivity unless they are confined in a manner reasonably designed to prevent escape and are given humane treatment, as defined in the USDA Animal and Plant Health Inspection Service code book.  Wild birds or wild mammals must be placed in a semi-natural environment where they will have substantial freedom of movement.  
NV - Wildlife - Wildlife defined   NV ST § 501.097   "Wildlife" means any wild mammal, wild bird, fish, reptile, amphibian, mollusk or crustacean found naturally in a wild state, whether indigenous to Nevada or not and whether raised in captivity or not.  
NV - Wildlife - Wildlife defined (Admin. Code)   NAC 504.471 (2005)   This administrative provision restricts the shipment, transportation and exportation of wildlife subject to limited exceptions.  
OH - Nongame - Protection Afforded Nongame Birds   OH ST § 1533.07   This Ohio statute prohibits the injuring, killing, pursuing, possessing, or exposing to commerce of all nongame birds.  The statute further prohibits the killing or possession at any time of bald or golden eagles, except for the educational or zoological possession by government affiliated agencies.  Notably, each possession or taking of a bird or bird part constitutes a separate offense.  For discussion of federal Eagle Act, see Detailed Discussion.  
OR - Animal Definitions   OR ST § 87.142   This is Oregon's statutory definitions for Animal Statutes.  
TX - Dangerous - Subchapter E: Dangerous Wild Animals   TX HEALTH & S § 822.101 - 116   Chapter 822, Subchapter E regulates the keeping of dangerous wild animals. It imposes a registration requirement upon the owner of a dangerous wild animal and also sets forth insurance requirements.  One thing to note is that Texas animal cruelty laws do not apply to these wild animals.  
UT - Endangered Species - Wanton destruction of protected wildlife   UT ST § 23-20-3 - 4.5   This Utah statute criminalizes the intentional or reckless abandonment of a carcass or killing of wildlife for pecuniary gain.  The statute lists the restitution value of species protected under the code (bald eagles $1,000 and golden eagles $500).  Further, the statute proscribes mandatory incarceration for felony convictions (aggregate value of species taken over $500)  where the motive of the individual was pecuniary gain.  For discussion of federal Eagle Act, see Detailed Discussion.  
WV - Hunting - Forfeiture by Person Causing Injury, Death or Destruction of Game   WV ST § 20-2-5a   Under this statute, defendants must pay an additional monetary penalty in the form of a "replacement cost" for the unlawful killing of certain listed species ($5,000 for each bald or golden eagle killed).  If two defendants were implicated in the killing, each must pay the full penalty.  For discussion of federal Eagle Act, see Detailed Discussion.  
WY - Hunting - Applicant for license to file verified declaration   WY ST § 23-5-103   This Wyoming statute provides that one who desires to operate a game bird farm must file a verified declaration that states the purpose of the farm (breeding, propagating, or hunting) and a legal description of the tract of land.  
WY - Wildlife - Ownership of wildlife; purpose of provisions   WY ST § 23-1-103  

This Wyoming statute states that all wildlife in the state is considered the property of the state.  It further provides that there is no private ownership of live animals classified in this act as big or trophy game animals.

 

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