Possession of Wild Animal: Related Statutes

Statute by category Citationsort descending Summary
NY - Wild Animals - § 11-0512. Possession, sale, barter, transfer, exchange and import McKinney's E. C. L. § 11-0512 This section provides that no person shall knowingly possess, harbor, sell, barter, transfer, exchange or import any wild animal for use as a pet in New York state, except that any person who possessed a wild animal for use as a pet at the time that this section went effect may retain possession of such animal for the remainder of its life. Certain other entities are also excepted from this ban.
NY - Exotic - Chapter 43-B. Of the Consolidated Laws. McKinney's E. C. L. § 11-0917 This New York laws begin by stating that wild game and other wildlife may only be possessed if lawfully taken in compliance with the Fish and Wildlife Law and the accompanying regulations. Skunk, bobcat, mink, raccoon and muskrat may be bought and sold alive during their respective open seasons. No live wolf, coyote, coydog, fox, skunk, venomous reptile or raccoon shall be possessed or transported, except under a license or permit issued by the department. Every such license or permit shall contain a prominent notice warning the licensee or permittee of his or her duty to exercise due care in safeguarding the public from attack; failure to do so is a crime under section three hundred seventy of the agriculture and markets law.
NY - Hunting - Chapter 43-B. Of the Consolidated Laws McKinney's E. C. L. § 11-1904 This New York statute provides that no person who owns, operates or manages a facility that harbors non-native big game mammals shall knowingly permit the taking on such premises by any person who pays a fee to take a live non-native big game mammal by any of the following means: the shooting or spearing of a non-native big game mammal that is tied or hobbled; the shooting or spearing of a non-native big game mammal that is staked or attached to any object; the shooting or spearing of a non-native big game mammal that is confined in a box, pen, cage or similar container of ten or less contiguous acres from which there is no means for such mammal to escape, among other things.
NY - Dangerous animal - § 209-cc. Notification of presence of wild animals and dangerous dogs McKinney's General Municipal Law § 209-cc New York state law requires anyone in possession of dangerous dogs and dangerous wild animals (which include non-human primates, non-domesticated dogs and cats, bears, venomous, constrictors and python snakes, and certain crocodiles) to report the presence of that animal to the clerk of the city, town, or village in which the animal resides. The report must be filed by April 1st every year and must list all of the physical locations where the animal may be kept. The clerk must then notify all local police, fire, and emergency medical service departments of the presence of that animal. Any person who fails to report the presence may be fined up to $250 dollars for the first offense and $1,000 dollars for each subsequent offense. Zoos and other U.S. Department of Agriculture-licensed exhibitors are exempt from the reporting requirement.
MI - Exotic Pets - Chapter 287. Animal Industry; Wolf-dog Cross Act MCLA 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.
MD - Exotic pets - Subtitle 6. Crimes Relating to Animals. MD Code, Criminal Law, § 10-621 Under this Maryland law, a person may not import into the State, offer for sale, trade, barter, possess, breed, or exchange the following species of animals: foxes, skunks, raccoons, bears, caimans, alligators, crocodiles, wild cats, wolves, nonhuman primates, and venomous snakes. Animal sanctuaries, AWA licensed facilities, those holding valid permits from the Department of Natural Resources, and veterinarians are exempted. This section does not prohibit a person who had lawful possession of an animal listed above on or before May 31, 2006, from continuing to possess that animal if the person provided written notification to the local animal control authority on or before August 1, 2006. Violation results in a fine and seizure of the animal(s).
MD - Dangerous Animals - Part IV. Animal Control MD Code, Health-General, § 18-217 - 222 This chapter of Maryland laws declares that it is in the public interest to ensure public health and safety by strictly regulating the possession, breeding, and importation of certain animals that pose risks to humans. Certain animals such as domestic dogs, cats, and ferrets; animal used for agricultural, scientific, or education purposes; and animals used for public exhibitions are excluded from the provisions of this section. Any person who imports, transports, sells, transfers, breeds, raises, keeps, or possesses any animal which is prohibited under regulations promulgated by the Secretary is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500, or imprisonment not exceeding 1 year, or both.
MD - Hunting - Subtitle 9. Captive Wildlife. MD Code, Natural Resources, § 10-901 - 911 This Maryland statute states that it is in the state's public interest to preserve native species by strictly regulating the possession, importation, exportation, breeding, raising, protection, rehabilitation, hunting, killing, trapping, capture, purchase, or sale of certain wildlife which pose a possibility of harm to native wildlife.
MS - Exotic pet - Chapter 8. Importation, Sale and Possession of Inherently Dangerous Wild Animals. Miss. Code Ann. § 49-8-1 to 49-8-19 This Mississippi chapter states that it is in the public interest to ensure the public health, safety and welfare by strictly regulating the importation, sale, transfer and possession of those wild animals inherently dangerous to humans. Several species are listed under this section as inherently dangerous to humans, including non-human primates, wolves, bears, hyenas, big cats, and hippopotamus, among others. It is unlawful for a person to import, transfer, sell, purchase or possess any wild animal classified inherently dangerous by law or regulation unless that person holds a permit. Those persons who were in possession of such animals on or before May 1, 1997 were able to continue possession provided that they complied with the permit process. Prior to the issuance of a permit, the applicant must have provided proof of liability insurance in the amount of $100,000.00 for each wild animal up to a maximum of $1,000,000.00.
NV - Hunting, exotics - 504.295. Prohibited acts; regulations; licenses; inapplicability to alternative livestock N. R. S. 504.295 Under this Nevada statute, unless otherwise provided by statute no person may possess any live wildlife unless he is licensed by the division to do so, capture live wildlife in this state to stock a commercial or noncommercial wildlife facility, or possess or release from confinement any mammal for the purposes of hunting. However, the provisions of this section do not apply to alternative livestock and products made therefrom.
NC - Commerce - Chapter 113. Conservation and Development. N.C.G.S.A. § 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.
NC - Exotic pets - Chapter 153A. Counties. N.C.G.S.A. § 153A-131; N.C.G.S.A. § 160A-187 These two North Carolina statutes provide that a city or county may by ordinance regulate, restrict, or prohibit the possession or harboring of animals which are dangerous to persons or property.
NH - Exotic Pets, Wildlife - Chapter 207. Import, Possession, or Release of Wildlife. N.H. Rev. Stat. § 207:14 - 207:15-a This New Hampshire section states that no person shall import, possess, sell, exhibit, or release any live marine species or wildlife, or the eggs or progeny thereof, without first obtaining a permit from the executive director except as otherwise permitted. The executive director has the authority to determine the time period and any other conditions governing the issuance of such permit. Any wildlife release or imported contrary to these provisions are subject to seizure.
NH - Wolf - Chapter 207. General Provisions as to Fish and Game. N.H. Rev. Stat. § 207:61 This New Hampshire statute prohibits the introduction of wolf populations into the state by a person or state agency.
ND - Livestock - State Board of Animal Health NDCC 36-01-00.1 - 36 This Chapter of North Dakota laws deals with the state board of animal health, state veterinarian, and special provisions for keeping certain non-traditional livestock. Section 36-01-08.2 states that any person who keeps a mountain lion, wolf, or wolf hybrid in captivity must obtain an identification number from the state board. Section 36-01-08.4 also provides that a person may not keep a skunk or raccoon in captivity, and that the state board must adopt rules concerning the keeping of a primate, wolf, or wolf-hybrid in captivity. The remainder of the chapter deals primary with infectious disease control in livestock, although section 36-01-31 contains a ban on the keeping of a live venomous reptile.
NE - Exotic pets - Chapter 37. Game and Parks. Article 4. Permits and Licenses. (B) Special Permits and Licenses. Neb. Rev. St. § 37-477 to 37-482 This set of Nebraska laws provides that no person shall keep in captivity any wild bird or mammal that is either in need of conservation or listed as an endangered or threatened species. Further, no person shall keep in captivity in this state any wolf, any skunk, or any member of the families Felidae (except the domestic cat) and Ursidae (the bear family). Any person legally holding in captivity, on March 1, 1986, any such animal subject to the prohibition shall be allowed to keep the animal for the duration of its life. The section also outlines the legal requirements for obtaining and maintaining captive wildlife.
NE - Wildlife - Article 2. Game Law General Provisions Neb. Rev. St. § 37-201 to 248 These statutes comprise the definitional section of Nebraska's wildlife code. Among the definitions include game, aquaculture, wildlife, hunt, and take.
NM - Exotic Pets - § 77-18-1. Sale, purchase, trade and possession of certain animals regulated NMSA 1978, § 77-18-1 This New Mexico law states that the sale, purchase, trade and possession with intent to keep as a pet of any subhuman primate, skunk, raccoon, fox or other sylvatic carnivore may be regulated by regulation of the health and environment department [department of health] for the protection of public health and safety.
NM - Pigs, feral - § 77-18-6. Feral hogs; prohibition; penalty NMSA 1978, § 77-18-6 This New Mexico law prohibits the importation, transportation, holding for breeding, releasing, or selling of a sell a live feral hog or the operation of a commercial feral hog hunting enterprise. Any person who violates this section is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for a definite term of less than one year or both.
NV - Wildlife - Chapter 501. Administration and Enforcement. NRS § 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.
OR - Exotic Pets - Chapter 609. Animal Control; Exotic Animals; Dealers. O. R. S. § 609.205 - 355 These Oregon laws concern the regulation of exotic pets in the state. An "exotic animal" for purposes of the section means a member of the family Felidae not indigenous to Oregon (except the domestic cat), any nonhuman primate, any nonwolf member of the family Canidae not indigenous to Oregon (except the domestic dog), any bear except the black bear, and any member of the order Crocodylia. A person may not keep an exotic animal in this state unless the person possesses a valid State Department of Agriculture permit for that animal issued prior to the effective date of this 2009 Act.
OH - Nongame - Chapter 1533. Hunting; Fishing. Special Hunting Area; Nongame Birds; Scientific Permits. R.C. § 1533.06 - 1533.09 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.
OH - Wildlife possession - Chapter 1533. Hunting; Fishing. Restoration, Possession, and Transportation of Wildlife R.C. § 1533.28 - 1533.32 These Ohio statutes regulate possession of wildlife. These laws make it illegal to transport fish, game birds, or wild quadrupeds or any part thereof, unless in a container with a label showing certain information. However, no one may transport certain game birds and game quadrupeds out of state. No person may fish in any of the waters in the state without a license, including taking frogs or turtles. However, people fishing in privately owned waters are exempt from the license requirements.
OH - Exotic - Chapter 935. Dangerous Wild Animals and Restricted Snakes R.C. § 935.01 - .99 On June 5, 2012, Ohio governor Kasich signed the "Dangerous Wild Animal Act" into law. Under this new section, no person shall possess a dangerous wild animal on or after January 1, 2014 unless he or she is authorized under an unexpired wildlife shelter/propagation permit or other exception. Dangerous wild animals include big cats, some smaller exotic cats, bears, elephants, hyenas, gray wolves, alligators, crocodiles and nonhuman primates other than lemurs. Except as provided, no person shall acquire, buy, sell, trade, or transfer possession or ownership of a dangerous wild animal on or after the effective date of this section.
SD - Exotic Pets - Chapter 40-3. State Animal Industry Board (captive wildlife provisions) S D C L § 40-3-23 - 30; SDCL § 7-12-29 These South Dakota statutes establish the Animal Industry Board, which promulgate rules to allow nondomestic mammals that are safe to the public and to the free-roaming animals of the state to be imported or possessed. The Board regulates the breeding, raising, marketing, and transportation of any captive nondomestic mammals. The Board may also develop and implement programs to identify animals and premises involved to further animal health and food safety.
TN - Dangerous Animals - § 39-17-101. Dangerous snakes or reptiles; handling T. C. A. § 39-17-101 This Tennessee law makes it an offense for a person to display, exhibit, handle, or use a poisonous or dangerous snake or reptile in a manner that endangers the life or health of any person. Violation is a Class C misdemeanor.
TN - Wildlife - Part 2. Wildlife Regulation and Protection T. C. A. § 70-4-201 - 211 These Tennessee statutes make it unlawful to barter, sell, transfer, or to purchase any wildlife without a hunting or fishing license. The unlawful importation, possession, or sale of skunks or red foxes is a Class C misdemeanor. The statutes also impose requirements on transport and storage of other wildlife.
TN - Exotic Pet - Part 4. Exotic Animals. T. C. A. §§ 70-4-401 - 418 This Tennessee chapter relates to the private possession of wildlife. It is unlawful for any person to possess, transport, import, export, buy, sell, barter, propagate or transfer any wildlife, whether indigenous to this state or not, except as provided by this part and rules and regulations promulgated by the Tennessee wildlife resources commission pursuant to this part. Additionally, no person shall possess Class I (all species inherently dangerous to humans such as wolves, bears, lions and poisonous snakes) or Class II (native species that are not listed in other classes) wildlife without having documentary evidence showing the name and address of the supplier of such wildlife and date of acquisition. In order to obtain a permit to possess Class I wildlife, a person must be 21, have at least 2 years of experience handling such animals (or take an approved written exam), have a full-time resident caretaker, and must have a plan for the quick and safe recapture of the wildlife, among other provisions. The annual permits and fees for personal possession of Class I wildlife are $150/animal or $1,000/facility.
UT - Wildlife - Title 23. Wildlife Resources Code of Utah U.C.A. 1953 § 23A-1-101 - 205 (formerly U.C.A. 1953 § 23-13-1 - 19) Under these Utah statutes, all wildlife is the property of the state unless held in private ownership, but it is illegal to hold protected wildlife in captivity, with exceptions, such as for furbearers.
UT - Endangered Species - Chapter 20. Enforcement--Violations and Penalties U.C.A. 1953 § 23A-5-309 - 314 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.
UT - Hunting - § 23-20-4.5. Illegal taking, possession, or wanton destruction of protected wildlife U.C.A. 1953 § 23A-5-312 (formerly cited as U.C.A. 1953 § 23-20-4.5) This statute lists the restitution amounts for the illegal killing of certain species (including bald and golden eagles) of wildlife, with enhanced monetary penalties for "trophy" animals. These funds are used in educational and wildlife enforcement activities by the state.
UT - Predator Control - Chapter 23. Agricultural and Wildlife Damage Prevention Act U.C.A. 1953 § 4-23-101 - 111 This Utah statute is known as the Agricultural and Wildlife Damage Prevention Act. It creates the Agricultural and Wildlife Damage Prevention Board and Agricultural and Wildlife Damage Prevention Account. This act also makes it a class B misdemeanor to hold a raccoon or coyote in captivity (with exceptions).
MO - Wildlife - Chapter 252. Department of Conservation--Fish and Game. V. A. M. S. 252.040 No wildlife shall be pursued, taken, killed, possessed or disposed of except in the manner, to the extent and at the time or times permitted by such rules and regulations; and any pursuit, taking, killing, possession or disposition thereof, except as permitted by such rules and regulations, are hereby prohibited. Any person violating this section shall be guilty of a misdemeanor except that any person violating any of the rules and regulations pertaining to record keeping requirements imposed on licensed fur buyers and fur dealers shall be guilty of an infraction and shall be fined not less than ten dollars nor more than one hundred dollars. At least one case has held this statute to be applicable to dogs chasing deer.
MO - Exotic pet - 578.023. Keeping a dangerous wild animal, penalty V. A. M. S. 578.023 This Missouri law states that no person may keep any lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarundi, hyena, wolf, bear, nonhuman primate, coyote, any deadly, dangerous, or poisonous reptile, or any deadly or dangerous reptile over eight feet long, in any place other than a properly maintained zoological park, circus, scientific, or educational institution, research laboratory, veterinary hospital, or animal refuge, unless such person has registered such animals with the local law enforcement agency in the county in which the animal is kept. Violation is a class C misdemeanor.
TX - Dangerous - Subchapter E: Dangerous Wild Animals V. T. C. A., Health & Safety Code § 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.
TX - Exotic pets - Subchapter A. Regulation of Keeping of Wild Animals V. T. C. A., Local Government Code § 240.001 - 004 In this subchapter, wild animal is defined as a nondomestic animal that the commissioners court of a county determines is dangerous and is in need of control in that county. The commissioners court of a county by order may prohibit or regulate the keeping of a wild animal in the county. A person commits a Class C misdemeanor if the person violates an order adopted under this subchapter and the order defines the violation as an offense.
TX - Hunting - Subchapter F. Unlawful Controlled Killing of or Attempting to Injure Dangerous Wild Animals. V. T. C. A., Parks & Wildlife Code § 62.101 - 107 This Texas statute provides that no person may kill or attempt to injure a dangerous wild animal that is in captivity in this state or released from captivity in this state for the purpose of being killed.
TX - Wildlife, wolves - Subchapter B. Nongame Animals V. T. C. A., Parks & Wildlife Code § 63.101 - 104 Under these Texas statutes, no person may hunt, sell, buy or possess a live or dead bat, with exceptions. A violation is a Class C misdemeanor. It is a felony to possess, transport, receive, or release a live wolf in Texas (with exceptions). It is a class B misdemeanor to sell a living armadillo in Texas (with exceptions).
TX - Alligators - Chapter 65. Alligators V. T. C. A., Parks & Wildlife Code § 65.001 - 104 Under these Texas statutes, no person may take, sell, purchase, or possess an alligator, an alligator egg, or any part of an alligator without a permit. An offense is a misdemeanor.
MO - Exotic - Chapter 578. Miscellaneous Offenses. Large Carnivores V.A.M.S. 578.600 - 578.625 The “Large Carnivore Act” pertains to large cats and bears that are nonnative to Missouri and held in captivity. The Act prohibits ownership, possession, breeding, and transportation of large carnivores (with exceptions). The Act creates civil and criminal liability for persons who own or possess a large carnivore. Violations may result in misdemeanor or felony convictions, community service work, the loss of privileges to own or possess any animal, and forfeiture of a large carnivore.
TX - Hunting, canned - § 62.015. Hunting and Possession of Exotic Animals V.T.C.A., Parks & Wildlife Code § 62.015 This Texas law provides that no person on a public road or on the right-of-way of a public road may hunt an exotic animal. In addition, no person may hunt on the land of another for an exotic animal without the express consent of the owner of the land to hunt for exotic animals. A person who violates this section commits an offense that is a Class A Parks and Wildlife Code misdemeanor.
TX - Trade - Shark Fins V.T.C.A., Parks & Wildlife Code §§ 66.216; 66.2161; 66.218 Effective July 1, 2106: a person may not buy or offer to buy, sell or offer to sell, possess for the purpose of sale, transport, or ship for the purpose of sale, barter, or exchange a shark fin regardless of where the shark was taken or caught. A person who violates Section 66.2161 or a proclamation adopted under that section commits an offense that is a Class B Parks and Wildlife Code misdemeanor.
WY - Predatory Animals - Chapter 6. Predatory Animals. W. S. 1977 § 11-6-101 - 313 This first article of the chapter allows owners of livestock to fill out an application with the board of county commissioners to receive permission to eradicate predatory animals. The second article of the chapter outlines the composition and function of the state predator management advisory board. Article 3 outlines the Wyoming animal damage management program. In that section, "predatory animal is defined as any coyote, jackrabbit, porcupine, raccoon, red fox, skunk or stray cat; and gray wolves except where they are designated as trophy game animals.
WY - Grizzly Bear - Article 10. Grizzly Bear Relocation W. S. 1977 § 23-1-1001 This Wyoming statute requires that, when a grizzly bear is relocated, that the department must notify the sheriff and issue a press release to the media and sheriff. The press release must provide the date and location of the relocation, and the number of bears to be relocated.
WY - Wildlife, exotic hybrid - Chapter 1. Game and Fish Administration. W. S. 1977 §§ 23-1-101 to 109 This section of Wyoming statutes 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. Exotic species means any wild animals, including amphibians, reptiles, mollusks, crustaceans or birds not found in a wild, free or unconfined status in Wyoming. This section also contains the management laws for delisted gray wolves that were repealed in 2012.
WI - Exotic pets - Chapter 169. Captive Wildlife W. S. A. 169.01 - 46 The Wisconsin wildlife laws require a license to take a wild animal from the wild or to import one into the state. A license is also required to exhibit, breed, rehabilitate, hunt, and/or purchase wild animals. Violations can result in fines, forfeiture, and/or imprisonment.
WI - Import - 95.20. Import and movement of animals W. S. A. 95.20 Under this Wisconsin statute, the importation or movement of animals may be prohibited or regulated if it is necessary to prevent the introduction or spread of a disease that threatens the health of animals or of humans.
WV - Exotic Pets - Article 34. Dangerous Wild Animals Act W. Va. Code, § 19-34-1 to 9 The State of West Virginia found the possession of dangerous wild animals to present a serious public health and safety concern. Because of this, the state prohibits a person from possessing a dangerous wild animal unless the animal was owned prior to June 1, 2015 and the owner obtained a permit. Under this statute, a “Dangerous wild animal” means a mammal, bird, reptile, amphibian or aquatic animal, including a hybrid that is dangerous to humans, other animals or the environment due to its inherent nature and capability to do significant harm.
WV - Scientific research - § 20-2-50. Permit to hunt, kill, etc., wildlife for scientific or propagation purposes W. Va. Code, § 20-2-50 Under this West Virginia law, the director may issue a permit to a person to hunt, kill, take, capture or maintain in captivity wildlife exclusively for scientific purposes, but not for any commercial purposes.
WV - Exotic Pet - § 20-2-51. Permit for keeping pets; § 20-2-52. Permits for roadside menageries W. Va. Code, § 20-2-51; W. Va. Code, § 20-2-52 This West Virginia statute provides that the state fish and game director may issue a permit to a person to keep and maintain in captivity as a pet, a wild animal acquired from a commercial dealer or during the legal open season. The fee is charged is two dollars.

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