Possession of Wild Animal: Related Statutes

Statute by categorysort ascending Citation Summary
OK - Confinement - § 5-602. Confinement of wildlife to premises 29 Okl. St. Ann. § 5-602 This Oklahoma statute provides that all furbearers, game mammals, game birds, game fish, and minnows are to be confined to the lands or waters described in the application.
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 - 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 - 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.
NY - Wildlife, Exotics - Title 1. Short Title; Definitions; General Provisions McKinney's E. C. L. § 11-0101 to 11-0113 This set of statutes represents the definitional portion of New York's Fish and Wildlife Law. Among the provisions include definitions for game and non-game, a definition for "wild animal," which includes big cats, non-domesticated dogs, bears, and venomous reptiles, and the state's hunter harassment law. The section also provides that the State of New York owns all fish, game, wildlife, shellfish, crustacea and protected insects in the state, except those legally acquired and held in private ownership.
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 - 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 - Exotic Pets - Chapter 69 Of the Consolidated Laws. McKinney's Agriculture and Markets Law § 370 This New York law provides that any person who owns or possesses a wild animal or reptile capable of inflicting bodily harm upon a human being, who fails to exercise due care in safeguarding the public from attack by such wild animal or reptile, is guilty of a misdemeanor. The punishment for violation is imprisonment for not more than one year, or by a fine of not more than five hundred dollars, or by both. The second part of the law imposes strict liability upon owners of dangerous wild animals.
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 - Exotic - Chapter 43-B. Of the Consolidated Laws. McKinney's E. C. L. § 11-0501 to 11-0540 This set of New York statutes provides some of the state's fish and wildlife laws. Among the provisions include a prohibition against interference with wildlife, restriction on the possession and importation of certain wildlife such as wolves, wolfdogs, coyotes, coydogs, foxes, skunks, and venomous reptiles, and laws that allows individuals to take destructive wildlife. 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.
NY - Enforcement - Agriculture and Markets Law - Article 3. Investigation; Practice and Procedure; Violations; Penalties. McKinney's Agriculture and Markets Law § 32 - 45-c This article outlines the procedures and penalties for violations of New York's Agriculture and Markets Law.
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.
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.
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.
Northern Ireland - Wildlife - Conservation (Natural Habitats etc.) Regulations (Northern Ireland) 1995 1995 No. 380 These Regulations prohibit the deliberate taking, injuring, killing, disturbing, possession, or trading of certain wild species (as scheduled) in Northern Ireland. It is also an offence to take the nests or eggs of wild birds.
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.
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.
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.
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.
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.
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.
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.
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.
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.
MT - Hunting - Chapter 4. Commercial Activities. MCA 87-4-401 to 87-4-433 In Montana, a person may not operate an alternative livestock ranch without a license. Such ranches are defined as enclosed land upon which animals such as privately owned caribou, white-tailed deer, etc, are kept for purposes of obtaining, rearing in captivity, keeping, or selling. The rancher has reporting requirements. Failure to comply with provisions of the act may result in revocation of the license.
MT - Exotic wildlife - Part 7. Importation, Introduction, and Transplantation of Wildlife MCA 87-5-701 to 87-5-725 These Montana statutes control the importation, introduction, and transplantation of exotic wildlife into the state. The importation of any wildlife is prohibited unless the species poses no threat of harm to native wildlife and plants or to agricultural production and that the introduction has significant public benefits. Violations may result in a fine or imprisonment.
MT - Exotic pets - Chapter 4. Commercial Activities. MCA 87-4-801 to 87-4-808 This set of Montana laws covers both "roadside menagerie" (any place where one or more wild animals are kept in captivity for the evident purpose of exhibition or attracting trade, excluding an educational institution or a traveling theatrical exhibition or circus based outside of Montana) and "wild animal menagerie" (any place where one or more bears or large cats, including cougars, lions, tigers, jaguars, leopards, pumas, cheetahs, ocelots, and hybrids of those large cats are kept in captivity for use other than public exhibition). The latter definition seems to cover the keeping of those listed species as exotic pets. Under the section, it is unlawful for any person to operate a roadside menagerie or wild animal menagerie without a permit. The annual permit fee for five or less animals is $10. The annual permit fee for more than five animals is $25.
MT - Commerce - 87-6-202 Unlawful possession, shipping, or transportation of game fish, bird, game animal MCA 87-6-202 Under Montana State law, it is unlawful 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.
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.
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.
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.
MN - Wildlife, possession - Chapter 97A. Game and Fish. Possession and Transportation of Wild Animals. M. S. A. § 97A.501 - 56 These Minnesota statutes restrict possession and transportation of wild animals. No one may transport wild animals taken, bought, or sold in violation of the game and fish laws. In general, a person may not take, import, transport, or sell an endangered species of wild animal, but there are exceptions.
MN - Hunting - Chapter 97A. Game and Fish. General Provisions. M. S. A. § 97A.105 In Minnesota, there are license requirements for breeding fur-bearing animals, game birds, bear, and mute swans. Fox and mink may not be bought or sold for breeding unless they have been pen-bred for at least two generations. Live beaver may not be transported without a permit. A violation may result in all animals being confiscated. It is not necessary to have a license to purchase live game birds or their eggs if the birds are released, consumed, or processed within one year.
MN - Exotic pet - 346.155. Possessing regulated animals M. S. A. § 346.155 This Minnesota law defines "regulated animal" to mean all members of the Felidae family except the domestic cat, bears, and all non-human primates. Unless a person possessed a regulated animal on or before January 1, 2005, and came into compliance with AWA regulations, possession of the above-mentioned regulated animals is unlawful. A person who lawfully possessed a regulated animal before that date, must comply with registration, microchipping, fee, and inspection requirements.
MN - Exhibition - Chapter 97A. Game and Fish. General Provisions. M. S. A. § 97A.041 In Minnesota, a person may not possess wildlife in captivity for public exhibition purposes without a permit. The commissioner may issue a permit to an applicant qualified by education or experience in the care and treatment of wildlife. A permit shall include a condition that allows an enforcement officer to enter and inspect the facilities where the wildlife covered by the permit are held in captivity. A violation may result in the attorney general bringing an abatement action.
MI - Trapping - Chapter 324. Natural Resources and Environmental Protection Act. M.C.L.A. 324.42501 - 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.
MI - Hunting - Chapter 324. Natural Resources and Environmental Protection Act. M.C.L.A. 324.42701 - 42714 These sections describe the licensing of and regulations of breeders and dealers, including zoological parks. These sections also describe the parameters for enclosures and pens.
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.
MI - Exotic Pets - Chapter 287. Animal Industry; Large Carnivore Act M. C. L. A. 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; ANIMAL INDUSTRY ACT M. C. L. A. 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.
ME - Fish and Wildlife Management Research - Chapter 925. Fish and Wildlife Management and Research 12 M. R. S. A. § 12701 to 12708 The following statutes give the Maine Commissioner of Inland Fisheries and Wildlife the authority to make regulations for hunting, fishing, trapping or other public use of any wildlife management area or wildlife sanctuary. These statutes also provide civil and criminal penalties for violating the rules regulating state-owned wildlife management areas, state game farms, and scientific permits, while also detailing prohibited activity in wildlife sanctuaries. Additionally, these statutes also reveal the wildlife management areas and wildlife sanctuaries that are under the commissioner's authority.
ME - Exotic Pets - Subchapter 15. Wildlife Importation and Possession, Permits and Requirements, 12 M. R. S. A. § 12151 - 12161 These Maine statutes prohibit keeping wildlife in captivity, importing, breeding or releasing wildlife into the wild, with exceptions for a person holding a license. Taking reptiles, amphibians, and certain nonmarine invertebrates from the wild is also prohibited without a license. Provisions for the disposition of wolf hybrids are included. Penalties for violations incur fines that range from $100 to $500. Three or more such violations are considered to be a Class E criminal offense.
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.
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.
MA - Possession - Chapter 131. Inland Fisheries and Game and Other Natural Resources. M.G.L.A. 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.
MA - Exotic Pets - Chapter 131. Inland Fisheries and Game and Other Natural Resources. 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 - Exotic pet, breeding - Chapter 131. Inland Fisheries and Game and Other Natural Resources. M.G.L.A. 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.
LA - Reptiles - § 632.5.1. Constrictors and poisonous snakes LSA-R.S. 56:632.5.1 This Louisiana law provides that certain species of constrictor snakes in excess of eight feet long and venomous snakes shall only be allowed by permit issued by the Department of Wildlife and Fisheries except for animals kept by animal sanctuaries, zoos, aquariums, wildlife research centers, scientific organizations, and medical research facilities as defined in the Animal Welfare Act. Violation of the provisions of this Section or rules adopted pursuant thereto shall constitute a class three violation.

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