Possession of Wild Animal

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Titlesort descending Summary
DC - Wildlife Control - Chapter 22 Wildlife Protection The following D.C. statutes provide the legal requirements for wildlife control service providers, which are defined as operators of businesses which involve the charging of a fee for services in wildlife control. Specifically, these statutes provide provisions about capturing target animals and non-target animals, as well as indicating how often a wildlife control service providers must check their traps.
DE - Exotic Animals - Chapter 903. Exotic Animal Regulations These regulations govern the permitting process, possession, sale, rehabilitation and exhibition of exotic animals, i.e., live wild mammals, hybrids of wild mammals, and live reptiles not native to or generally found in the State of Delaware. The State Veterinarian or her or his designee shall have the authority to administer these regulations and shall be solely responsible for making the determinations required herein.
DE - Exotic Pets - CHAPTER 72. POSSESSION OF MAMMALS OR REPTILES EXOTIC TO DELAWARE 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.
DE - Fox - § 791. Possession of red fox whelps This Delaware statute permits the taking and possession of the red fox whelp between April 1 and August 15 of each year subject to certain criteria.
DE - Invasive/non-native - § 802. Non-native wildlife injurious to native wildlife, agriculture, and other interests This Delaware statute leaves to the discretion of the state whether to authorize an entity or persons to take, harvest, or capture any species of non-native wildlife that is or has the potential to become injurious to native wildlife.
DE - Sharks - § 928A. Trade in shark fins; penalty This Delaware statute prohibits people from possessing, selling, trading, or distributing a shark fin unless a person possesses a license to do so from the State. The statute also lists the penalty for violations.
DE - Skunks and Raccoons - § 795. Prohibition of sale or transportation of live skunks or raccoons Without a permit from the state of Delaware, it is illegal to possess or sell a live skunk or raccoon.
DE - Wildlife - Chapter 1. Protected Wildlife These statutes comprise Delaware's protected wildlife provisions. The section outlines the powers and duties of the Department of Fish and Wildlife as well as how funds derived from fishing and hunting licenses may be used. The code also explains the procedure private parties may take when protected wildlife injures crops.
Dehart v. Town of Austin


The breeder was in the business of buying, breeding, raising, and selling of exotic and wild animals. The town passed an ordinance making it unlawful to keep certain wild animals, and the breeder filed suit challenging the constitutionality of a local ordinance.  On appeal, the court affirmed the grant of summary judgment in favor of the town because: (1) the ordinance was not preempted by the Animal Welfare Act; (2) the ordinance was not an impermissible attempt to regulate interstate commerce in violation of the Commerce Clause; and (3) the town did not deprive him of his property interest in his federal and state licenses without due process.

Detailed Discussion of Exotic Pet Laws


This paper examines state and local statutes and regulations regarding private possession of captive wildlife, or exotic pets. It also discusses the policy and constitutional issues surrounding these regulations.

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