State Regulations

We listed here regulations pertaining to non-human primate ownership in various US states.  This list is not all inclusive and shall be used as a guideline only.

 

ALABAMA

===========================================

March 24, 1994

S.282

Section 8. Notwithstanding any provision of law to the contrary, it shall be illegal to own, maintain, sell, or trade any canidae or felidae for which there is no USDA licensed rabies vaccine. Anyone currently owning or maintaining such animal may keep the animal for the length of the animal's life providing the animal is spayed or neutered and is registered with the Department of Agriculture and Industries. This section does not apply to any zoological parks, circuses, colleges, and universities, animal refuges approved by the Department of Agriculture and Industries, county or municipal humane shelters, the Department of Conservation and Natural Resources, or veterinary clinics.

Section 9. This act shall become effective immediately upon its passage and approval by the Governor, or upon its otherwise becoming a law.

ARIZONA

===========================================

Arizona Game and Fish Commission


Wild means, in reference to mammals and birds, those species which are normally found in a state of nature (i.e. not necessarily in Arizona). ARS 17.101.20

No person shall import or transport into the state or sell, trade or release within the state of have in his possession any live wildlife, except as authorized by the (Arizona Game and Fish) Commission. ARS 17.306

The following listed wildlife are "prohibited wildlife" {Order Carnivora: Families Canidae and Felidae: all genera (are prohibited) and they may not be imported, exported, possessed, transported, propagated, purchased, bartered, sold, leased or offered for sale except as authorized by this rule. Rule 12-4-319(R)(1)

Thus importation, possession, propagation and sale, etc. of wild carnivores, whether exotic or native, is prohibited in Arizona without a State permit and applicable Federal authorizations to conduct such activities. The only species recognized by this Department (Arizona Game & Fish Commission )(AGFC) as being domestic in the canid and felid families are: Canis familiaris, the dog, and Felis catus, the house cat. AGFC does not consider a "tamed" individual of a wild species to be a "domestic" animal, and thus out of our jurisdiction. For example, a tamed or captive-bred mountain lion remains wildlife and under out jurisdiction.

HYBRIDS The meaning of existing rules with regard to hybrids is subject to policy (and judicial) interpretation. By unwritten policy, AGFC does not consider most interspecific hybrids wildlife. They are not under AGFC jurisdiction, but may be under that of agencies such as county rabies-animal control departments. In contrast, based on the biological definition of"species," progeny from intraspecific cross-breedings (i.e. between conspecific races or subspecies) are not true hybrids and are under AGFC jurisdiction. Attachment re: hybrids -N- August 10, 1988 Arizona Game Fish Commission.

There are currently NO laws against monkeys in Arizona. I checked into it and was directed to Dr. Leslie, the State Public Health Vet at (602) 230-5917. She was very nice and very informative. Maricopa County Animal Control said all the laws re monkeys are governed by the state, not the counties. Dr. Leslie said she is mostly concerned about monkey bites because of the B-virus especially in macaques (not because of rabies). However, there has only been 40 cases of B-virus from money bites with the last known case back in 1994 or 1995 (she wasn't sure of the year). As the State Public Health Vet, she usually only hears bad monkey stories and was genuinely interested in hearing about our Sheba.

 

ARKANSAS

Their are no Regulations for having a Primate

I

CALIFORNIA

===========================================

671. Importation, Transportation and Possession of Wild Animals.

(a) Species listed in subsection (c) of this Section are prohibited and it shall be unlawful to import, transport or possess these species alive except under permit issued by the Department of Fish and Game. Permits for importation, transportation or possession of these species shall be refused by the department, except that permits may be granted as specified herein and for purposes designated in Section 671.1 subject to the conditions and restrictions contained in sections 671.1, 671.2, 671.3, 671.4, 671.5, 671.6, and 671.7 and such other conditions as may be designated by the department. Cities and counties may prohibit possession or require a permit for species not requiring a state permit.

(b) In designating these prohibited species, the commission has determined that they are not normally domesticated in this state and recognizes two specific classes of prohibited wild animals. Mammals listed to prevent the depletion of wild populations and to provide for animal welfare are termed "welfare animals", and are designated by the letter "W". Those species listed because they pose a threat to native wildlife, the agriculture interests of the state or to public health or safety are termed "detrimental animals" and are designated by the letter "D". Animals may be added to or deleted from this list pursuant to the provisions of Section 2118(k) of the Fish and Game Code. The department shall include the list of welfare and detrimental wild animals as part of DFG MANUAL NO. 671 (2/25/92) IMPORTATION, TRANSPORTATION AND POSSESSION OF WILD ANIMALS, to be made available to all permittees and other interested individuals.

(c) No person shall release into the wilds of this state any animal which is not native to California except as provided in these regulations (See Section 671.6). Prohibited species include:

(2) Class Mammalia-Mammals.

(A) Order Primates-Monkeys, Apes

All species (W), except Family Hominidae not prohibited.

(B) Order Edendata-Sloths, Anteaters, Armadillos, etc


In 1992, the California Fish and Game Commission terminated the issue of permits for pet primates, making it illegal to obtain or keep primates unless legally acquired prior to 1992. However, individuals or institutions can apply for permits through FWS to keep and/or import primates for educational or propagation purposes (to benefit the species). Specifically, it is legal to own a primate by the means of an exhibition permit under section 671.1 b.1.A of the Dept of Fish and Game Manual (Appendix B1). As discussed below (Section 2), this exhibit permit can be used as a legal loophole for the ownership of primates as pets.

COLORADO

===========================================

CHAPTER 11, WILDLIFE PARK LICENSES (Dated 5-12-94)

ARTICLE I - GENERAL PROVISIONS

#1100 - DEFINITIONS

A. "Domestic animals" means those animals which through long association with humans have been bred to a degree which has resulted in genetic changes affecting the color, temperament and conformation, or other attributes of the species to an extent that makes them unique and distinguishable from wild individuals of their species.

    The following animals are considered domestic and are exempted from the requirements of Commission regulations:

    Domestic dog (Canis familiaris) including hybrids with wild canids.

    (remainder omitted)

B. Omitted

C. "Commercial use" for the purpose of this chapter means utilizing captive wildlife in sales, trade, barter, brokerage or other commerce where such sales, trade, barter or brokerage exceeds one-thousand dollars ($1,000) gross, per year.

D. Omitted

E. "Commercial Wildlife Park License" means a license issued for the operation of privately owned wildlife parks and for related buying, selling, brokering or trading of lawfully acquired captive wildlife or for charging customers to hunt on such a park, or for exhibiting wildlife for educational or promotional purposes.

F. "Noncommercial Park License" means a license issued to persons who wish to keep lawfully acquired birds, except raptors.

#1101 - LICENSE REQUIREMENTS

A. No person shall possess, sell acquire, purchase, broker, trade, barter or attempt to sell, acquire, purchase, broker, trade or barter live wildlife unless he first obtains a proper license as provided for in this chapter. All species of wildlife listed on the license must be approved by the Division; such approval shall not be granted if the proposed wildlife is deemed to be detrimental to wild native wildlife. Except as otherwise provided, no person may import, collect, sell, barter, buy, transfer or possess any prohibited live wildlife. Except that it shall be legal to hold live wildlife owned by another person at a commercial park facility provided the facility is licensed for the specific animals being held.

B. Except as otherwise provided, no person may take any wildlife or eggs from the wild nor may a licensee acquire such wildlife or their eggs from any person not authorized by a valid permit issued pursuant to this chapter to dispose of such wildlife or their eggs. No licensee shall sell or attempt to sell live terrestrial wildlife or barter, trade or broker live wildlife except to persons properly licensed to purchase, sell, barter, trade, broker or posses wildlife, except that individuals may buy or sell captive wildlife that is in the total custodial care of another licensed individual.

C. Exemptions From License Requirements:

    1. Federal, state or county agencies or any person with a valid scientific collecting permit conducting research; zoos accredited by AAZPA, carnivals and animal acts which are licensed by the U.S. Department of Agriculture (only those animals used in the carnival or animal act are exempt), and commercial fur farms which raise domesticated animals for the sale of pelts or the sale of breeding stock to other breeders for research, licensed operation, or fur business. Persons who wish to establish a fur farm must obtain a commercial park license unless the production of fur is at least 50 pelts annually.

    2. No license is required for wildlife taken in accordance with commission regulation 1000 a 6.

    3. Omitted (concerns birds)

D. Non-compliance with the provisions of this chapter will result in revocation of the license in accordance with provisions of Section 24-4-104, C.R.S. (1988 and 1989 Supp.) and Section 33-6-106 C.R.S. (1984). The licensee whose license is revoked shall immediately and lawfully dispose of wildlife held pursuant to the license. Wildlife lawfully acquired can be disposed of by the owner or his agent within 60 days of license revocation.


DELAWARE

===========================================

RULES AND REGULATIONS

FOR THE POSSESSION, SALE OR EXHIBITION OF

LIVE WILD MAMMALS OR HYBRIDS OF WILD MAMMALS OR

LIVE REPTILES NOT NATIVE TO OR GENERALLY FOUND IN THE

STATE OF DELAWARE

May 16, 1994

SECTION I. SCOPE AND AUTHORITY

These regulations govern the possession, sale and exhibition of live wild mammals or live reptiles not native to or generally found in the State of Delaware. These regulations are promulgated pursuant to the authority granted by 3 Del, C. Ch. 72. The State Veterinarian or his or her designee shall have the authority to administer these Rules and Regulations and shall be solely responsible for making the determinations required hereunder. If future situations warrant, these regulations may be amended.

SECTION 2. DEFINITIONS

The following terms when used in these Rules and Regulations shall have the following meanings:

a. "Department" means the Delaware Department of Agriculture.

b. "Subject Creatures" means live wild mammals or hybrids of wild mammals or live reptiles not native to or generally found in Delaware which are not specifically exempted by these Rules and Regulations from the requirements of these Rules and Regulations and Chapter 72 of Title 3 of the Delaware Code.

c. "Hybrid of a Wild Mammal" means a mammal whose parents are different varieties of the same species or belong to different but closely allied species, one parent being a wild mammal not native to or generally found in Delaware and the other parent being a domestic mammal native to or generally found in Delaware.

d. "Not Native to or Generally Found in Delaware" means those species which according to the Delaware Department of Natural Resources and Environmental Control, Division of Fish and Wildlife are not native to Delaware.

e. Omitted

f. Omitted

g. Omitted

h. "Carnivores" means flesh-eating mammals which possess teeth and claws adapted for attacking and devouring their prey.

i. "Omnivores" means that group of animals which eat any sort of food, especially both animal and vegetable in origin.

Section 3. REQUIREMENTS FOR OBTAINING A PERMIT

The following requirements must be met before the Department will issue a permit to possess, sell or exhibit a subject creature.

3.01 Enclosure Requirements

a. There must be two enclosures to house a subject creature, a primary enclosure and a secondary enclosure. Fastening or locking devices shall be required on both the primary and the secondary enclosures and must be tamper proof from the general public.

b. The primary enclosure shall consist of a pen, cage or other enclosure where the subject creature will be kept, and must be of such a construction that it cannot be destroyed by or escaped from by the subject creature.

c. The secondary enclosure must be of a type sufficient to prevent the subject creature from escaping from the property of the custodian of the subject creature should the subject creature escape from its primary enclosure. The secondary enclosure shall be of a type sufficient to prevent bodily contact between members of the public and the subject creature.

d. Omitted (deals with reptiles)

e. If the subject creature is removed from the primary and/or secondary enclosure for any reason, it will be the responsibility of the owner/caretaker to make every effort to insure against the escape of the creature.

    If the subject creature is out of the enclosure for the purpose of exercise, it will be the responsibility of the owner/caretaker to have the creature restrained by such a device that the creature will be under the strict control of the owner/caretaker at all times. Under strict control of the owner/caretaker shall be deemed to mean that the owner/caretaker will have the creature restrained to such a degree as to prevent its attacking humans or other animals that may come within its close proximity.

    If the subject creature is to be moved from one location to another for any reason, the creature shall be transported in such a cage or other transportation device that will be strong enough to preclude its escape while in transport.

3.02 Requirements for the Treatment of Subject Creatures

A subject creature or creatures must be receiving proper care, humane treatment and veterinary treatment, if required. The State Veterinarian may consult with the local Society for the Protection of Cruelty to Animals (the "S.P.C.A.") to enforce the provisions of this rule.

3.03 Prohibition on Public Nuisance

The subject creature must not be a public nuisance. A nuisance will be considered as including, but not limited to, a subject creature which created excessive odors or noise, displays obnoxious behavior or causes justifiable fear.

3.04 Inspection requirements

Prior to the granting of a permit under this section, a final inspection of the premises where the subject creature or creatures are to be housed shall be completed by the department personnel to ensure that the requirements of these Rules and Regulations are being met by the applicant. The applicant must schedule such an inspection with the Department. Nothing contained herein shall be construed to prohibit the Department's personnel from reinspection the applicant's premises at any time.

Section 4. TYPES OF PERMITS

There shall be two types of permits which may be issued by the Department: 1) an individual permit; and 2) a class permit.

4.01 Individual Permits

When the subject creatures are kept as pets, the custodian of the subject creature must apply to the Department on forms supplied by the Department for an individual permit for each subject creature so kept. Individual permits granted by the Department shall be valid for the life of the subject creature, provided, however, that said permit or permits shall expire when the custodian transfers possession of the subject creature to another person. Each animal will require a permit. Any natural addition (born from the animals already permitted will require a permit when reaching the age of three (3) months if continued to be kept on original premise.

4.02 Class Permits

When subject creatures are kept for resale or exhibit, or for medical or psychological research, the custodian of the subject creature or creatures shall apply to the Department on forms provided by the Department for a class permit for each class of subject creatures so kept. Applicants may be granted permits for the following classes of subject creatures:

(1) Reptiles;

(2) Primates;

(3) Herbivores;

(4) Carnivores; and

(5) Omnivores.

Section 5. REFUSAL OR CANCELLATION OF A PERMIT

The State Veterinarian may refuse to grant a permit under these Rules and Regulations, or may cancel a permit issued under these Rules and Regulations, if the applicant or permit holder is not in compliance with these Rules and Regulations or 3 Del. C. Ch. 72.

5.01 Notice and Informal Hearing

a. Omitted

b. Omitted

Section 6. Notification of Transfer Or Escape

6.01 Notification of Transfer

Prior to any change of possession or relocation of a subject creature for any reason whatsoever, the transferor or person relocating a subject creature shall notify the Department in writing on forms provided by the Department of such transfer or relocation. No transfer of possession or relocation of a subject creature may occur unless and until the transferee or the person relocating the subject creature applies for and is granted a new permit by the Department as herein provided.

6.02 Notification of Escape

Within twenty-four hours of the escape of any subject creature or creatures from the custody of its custodian, said custodian shall notify the Department of such escape, and provide reasonable assistance and cooperation to the Department to recapture said subject creature or creatures.

SECTION 7. FAILURE TO OBTAIN PROPER PERMIT

When the Department has reason to believe that a subject creature is being kept by a person without a proper permit issued pursuant to these Rules and Regulations, the Department shall notify such person of such violation in writing. Such person shall have ten (10) calendar days from the date of this notice to obtain a proper permit pursuant to these Rules and Regulations. At the discretion of the State Veterinarian and for good cause shown, upon written request of the person, the State Veterinarian may grant an additional ten (10) day extension to such person, if, in the State Veterinarian's sound discretion, such extension will not endanger the public health, safety and welfare. The lack of money or resources needed to come into compliance with these Rules and Regulations and 3 Del. C. Ch. 72 shall not be good cause for an extension under this Rule.

7.01 Informal Hearings

a. Omitted

b. Omitted

7.02 Disposition of Subject Creatures Kept in Violation of These Rules and Regulations

If a person fails to comply with these Rules and Regulations or 3 Del. C. Ch. 72 within the time allowed by the State Veterinarian or his or her designee, and fails to place the subject creature or creatures in a holding facility approved by the State Veterinarian, a list of which facilities will be maintained and made available by the Department, the State Veterinarian may order confiscation and euthanization of the subject creature or creatures kept in violation of these Rules and Regulations or 3 Del. C. Ch. 72 without further notice to the custodian of said subject creature or creatures or any other person.

Section 8. EMERGENCY ACTION

Nothing in these Rules and Regulations shall be construed to prohibit the Department from confiscating and destroying any subject creature without notice or a hearing when in the opinion of the State Veterinarian in his or her sound discretion such emergency action is required to protect the public health, safety or welfare.

 

CONNECTICUT

One is allowed to own primates as pets - including chimpanzees - in the State of Connecticut. There are at least 3 pet trade people dealing with primates in the state.

FLORIDA

The Florida code, as it is written, is very strict, classifying animals as Class 1, 2, and 3. No pet permits are allowed for Class 1, which includes chimpanzees, gorillas, gibbons, and baboons. The Game and Freshwater Fish Commission asks a $100 permit fee for "personal pet" primates, but only $25 for commercial or educational use (which also entails USDA licensing). Therefore, there is a financial incentive for some primate owners in Florida to claim commercial or educational intent. Sellers and exhibitors of wildlife are required to demonstrate no less than 1000 hours of experience caring for the species for which the permit is sought. Due to the number of primates in Florida, many advocates recommend that the State require all primates be permanently identified with tattoos or epidermal micro-chips. Permits & information can be obtained from:

Florida Game & Fresh Water Fish Commission Div. of Law Enforcement

620 South Meridian Street

Tallahassee, FL 32399-1600

Phone: 904/488-6253  Fax: 904/414-2628

GEORGIA

===========================================

Game and Fish

'27-1-2

(rev.95)

(75) Wild animal" means any animal which is not wildlife and is not normally a domestic species in this state. This term specifically includes any hybrid or cross between any combination of a wild animal, wildlife, and a domestic animal. Offspring from all subsequent generations of such crosses or hybrids are wild animals.

(76) "Wild animal business" means the importation, transportation, or possession of any wild animal for the purpose of sale or transfer.

(77) "Wildlife" means any vertebrate or invertebrate animal life indigenous to this state or any species introduced or specified by the board and includes fish, except domestic fish produced by aquacullurists registered under Code Section 27-4-255, mammals, birds, fish, amphibians, reptiles, crustaceans, and mollusks or any part thereof. (Ga. L. 1911, p. 142, '11; Ga. L. 1912, p. 113, '4; Ga. L. 1925, p. 304, '7; Code 1933, ''45-301, 45-328; Ga. L. 1937, p. 675. '7; Ga. L. 1937-38, Ex. Sess., p. 332, '4; Ga. L. 1955, p. 438, '2; Ga. L. 1960, p. 974, '1; Ga. L. 1961, p. 515, '1; Ga. L. 1968, p. 497, '2; Ga. L. 1969, p. 812, '1; Ga. L. 1971, p. 236, '1; Ga. L. 1973, p. 274, '2; Ga. L. 1973, p. 897, '1; Ga. L. 1976, p.771, '1; Code 1933, '45-102, enacted by Ga. L. 1977, p. 396, '1; Ga. L. 1977, p. 1270, '1; Ga. L. 1978, p. 816, ''1-6; Ga. L. 1979, p. 420, ''1, 2; Ga. L. 1979, p. 678, ''1-12; Ga. L. 1979, p. 800, '1; Ga. L. 1979, p. 893, ''1-3; Ga. L. 1979, p. 1094, ''1,2; Ga. L. 1981, p. 798, '1; Ga.L. 1985, p. 913, '1; Ga. L. 1985, p. 1047, ''1, 2; Ga. L. 1986, p. 1460, '3; Ga. L. 1988, p. 848, ''1, 2; Ga. L. 1989, p. 1207, '1; Ga. L. 1989, p. 1579, ''1, 2; Ga. L. 1991, p. 693, '1; Ga. L. 1992, p. 6, '27; Ga. L. 1992, p. 1507, '2; Ga. L. 1992, p. 1636, '1; Ga. L. 1992, p. 2863, '1; Ga. L. 1993, p. 779, '1; Ga. L. 1994, p. 600, '1; Ga. L. 1994, p. 1742, '1; Ga. L. 1995, p. 244, '30; Ga. L. 1995, p. 543, '1; Ga. L. 1995, p. 946, '1.)

The 1991 amendment, effective July 1, 1991, added paragraphs (65.1) and (65.2).

 


 

GEORGIA WILD ANIMAL LAW

CHAPTER 5

Wild Animals

27-5-1. Legislative intent and findings.

The General Assembly finds and declares that it is in the public interest to insure the public health, safety, and welfare strictly regulating in this state the importation, transportation, sale, transfer, and possession of those wild animals which pose a possibility of:

    (1) Harmful competition for wildlife;

    (2) The introduction of a disease or pest harmful to wildlife;

    (3) Problems of enforcing laws and regulations relative to wildlife;

    (4) Threatening wildlife or other natural resources; or

    (5) Endangering the physical safety of human beings.

The importation, transportation, sale, transfer, and possession of wildlife are privileges not to be granted unless it can be clearly demonstrated that such actions can be accomplished in such a manner that does not pose unnecessary risk to Georgia's wildlife and other natural resources or to the citizens of and visitors to this state. For these reasons, the General Assembly further finds and declares that only certain wild animals may be held for scientific or educational purposes, for public exhibition, or as pets and may only be lawfully held when the requirements of this chapter are met. The General Assembly further finds and declares that any wild anima; for which a license or permit, or both, is required under the provisions of this chapter and for which no such license or permit, or both, has been obtained is a nuisance and is contraband and is subject to seizure by any peace officer authorized to enforce this chapter. Code 1933, '45-1101, enacted by Ga. L. 1979, 0. 1094, '4.)

27-5-2. Powers of board generally.

(a) The board shall have the authority to regulate the importation, transportation, sale, and possession of wild animals when and to the extent that the importation, transportation, sale, or possession poses a possibility of:

    (1) Harmful competition for wildlife;

    (2) The introduction of a disease or pest harmful to wildlife;

    (3) Problems of enforcing laws and regulations relative to wildlife;

    (4) Threatening wildlife or other natural resources; or

    (5) Endangering the physical safety of human beings.

(b) The board is specifically authorized to supplement the list of wild animals set forth in this chapter for which a permit or license, or both, is required.

(c) The board shall have the authority to require that any listed wild animal that is imported, transported, possessed, sold, or transferred by any person, including wild animal dealers, be labeled with the correct species, number, age, or other relevant information.

(d) The board shall have the authority to require an applicant for a permit or license required under this chapter to supply such information and to supply in such form as the board deems necessary for the department to discharge its responsibilities under this chapter. (Ga. L. 1975, p. 1254, '2; Code 1933, '45-1107, enacted by Ga. L. 1977, p. 396, '1; Ga. L. 1979, p. 1094, '' 17, 18.)

27-5-3. Powers of the department generally.

(a) The department shall have the authority to prescribe the form and contents of the license and permit applications provided in this chapter.

(b) The department shall issue or deny all permits and licenses required by this chapter and any rules and regulations adopted pursuant to this chapter.

(c) The department may, prior to a hearing, issue a cease and desist order or other appropriate order to any person who is violating this chapter or any regulation, permit, or license issued pursuant to this chapter.

(d) The department may quarantine or otherwise dispose of or order the disposition of any wild animal when it determines that the wild animal is affected with or exposed to a contagious or infectious disease or is infested with a parasite or pest harmful to wildlife.

(e) The department shall have the authority, based upon the standards set forth in Code Section 27-5-6, to determine if the necessary facilities, conditions, and standards prescribed by this chapter are sufficient for safety to the public and for the humane handling, care, confinement, and transportation of the wild animal for which application for a permit or license, or both, has been received. The department shall be authorized to make such determinations by inspecting the facilities of the permit or license holder. Following such determination, the department also has the authority to condition the license or permit so that the standards and intent of this chapter are met.

(f) The department is authorized to capture and contain any wild animal regulated by this chapter which has escaped or been released when such wild animal is determined by the department to pose a risk to Georgia's wildlife or other natural resources or to the citizens of and visitors to this state. (Ga. L. 1975, p. 1254, '5; Code 1933, '45-1106, enacted by Ga. L. 1977, p. 396, '1; Ga. L. 1979, p. 1094, '16.)

27-5-4 Wild animal licenses and permits generally.

(a) Unless otherwise provided in Code Section 27-5-5, it shall be unlawful for any person to import, transport, transfer, sell, purchase, or possess any wild animal listed in Code Section 27-5-5 or specified by the board by regulation without first obtaining a wild animal license from the department as provided in Code Section 27-2-23 or a wild animal permit as provided in this Code section. Unless otherwise specified by the department, such license or permit shall be effective from April 1 through March 31 and may contain such conditions and restrictions, including restrictions as to numbers and species of animals, as the department determines appropriate in light of provisions of this chapter. An applicant for a wild animal license or permit shall the burden of proving that any wild animals subject to such license or permit are or will be imported, transported, transferred, sold, purchased, or possessed in compliance with this chapter.

(b) Wild animal licenses will be issued only to persons engaged in the wholesale or retail wild animal business or persons exhibiting wild animals to the public. Wild animal permits will be issued at no cost and only to persons for scientific or educational purpose or to a pond owner for grass carp or grass carp hybrids where the department has determined that the possession of such carp by the pond owner will not constitute a threat to wildlife; provided, however, that no such permit shall be required for persons buying triploid grass carp from properly licensed wild animal dealers authorized to sell grass carp where the bill of sale is retained by the buyer as proof of such sale and where the triploid grass carp are to be stocked only into a private pond; provided, further, that no such license or permit shall be required solely for the transportation of wild animals through this state where the animals remain in this state no more than 24 hours and are not sold or transferred while in this state.

(c) It shall be unlawful for any person to sell, transfer, deliver, or surrender a wild animal listed in Code Section 27-5-5 or specified by the board by regulation to any other person unless that other person holds a license or permit issued pursuant to this chapter for such wild animal or is exempt from the requirement for such a permit or license by the provisions of subsection (d) of this Code section.

(d) No wild animal license or permit shall be required for a carrier regulated either by the Interstate Commerce Commission, the Civil Aeronautics Board, or the Public Service Commission to import or transport any wild animal.

(e) Omitted

(f) Except as otherwise provided Chapter 5 of this Title, a wild animal license or permit is required for any wild animal listed in Code Section 27-5-5 or by regulation of the Board. Additionally, liability insurance is required for any wild animal that is classified as being inherently dangerous to people in Code Section 27-5-5 or by regulation of the Board. Prior to issuance of a wild animal license or permit for the inherently dangerous animals, any applicant other than a governmental agency must provide proof of liability insurance from a company licensed to do business in this state or an authorized insurer if permitted by Chapter 5 of Title 33. This insurance must be maintained in force and effect and cover claims for injury or damage to persons or property in an amount equal to $40,000 for each inherently dangerous animal up to a maximum of $500,000. The insurance company shall notify the department at least 30 days prior to the termination of the policy by the company. Liability insurance is not required for wild animals that are not considered to be inherently dangerous to people.

(g) Any license or permit issued in accordance with Chapter 5 of this Title shall be valid only for the species and numbers of wild animals referenced on the application and the license or permit, The license or permit to hold a female wild animal shall cover her progeny only while the progeny are physically dependent upon her or until her progeny are two months of age, whichever period is longer. It shall also be unlawful to transfer any license or permit issued by the department from one person to another person.

(h) It shall be unlawful for any person holding a license or permit issued pursuant to this chapter to import, transport, sell, transfer, or possess any wild animal in facilities not approved by the department as described in Code Section 27-5-6.

(i) In the event that a determination has been made to revoke, suspend, deny or refuse to renew any license or permit issued pursuant to this Chapter, the applicant for the license or permit may appeal the determination according to the provisions stated in Code Section 27-2-25.

(j) It shall be unlawful for any person holding a license or permit pursuant to this chapter to import, purchase, transport, sell or transfer any wild animal and fail to record in a record book, within 24 hours after the completion of such a transaction, the date, place, manner, and names and addresses of all persons involved in such a transaction. It shall also be unlawful to fail to maintain such records for a period of 12 months or to fail to provide the department access to such records during all regular business hours.

(k) Wild animal licenses shall not be issued unless the following conditions are met:

    (A) The applicant must be at least 18 years of age;

    (B) Applicants requesting a license for mammals must obtain a license from the United States Department of Agriculture, Animal and Plant Health Inspection Service (USDA/APHIS), or provide written documentation that the applicant is exempt from USDA/APHIS requirements;

    (C) Applicants must submit documentation verifying that proposed construction of facilities and holding of wild animals is not prohibited by county or municipal ordinances;

    (D) The applicant must obtain required business licenses;

    (E) Facilities for holding and/or exhibiting wild animals must be completely separated from a residence and meet specifications for humane handling, care and confinement as provided in Code Section 27-5-6.*

27-5-5 Wild animals for which a license or permit is required.

(A) Wild animals that are classified as being inherently dangerous to people. Except as provided in this Code subsection, liability insurance and a license or permit are required for all inherently dangerous wild animals listed in this subsection or specified by regulation of the Board.

(A) Omitted (Kangaroos)

(B) Omitted (Primates)

(C) Order Carnivora:

    (i) Family Canidea:

      (I) Genus Canis (wolves, jackals, and dingos); all species; except that any person possessing hybrid crosses between wolves and domestic animals on July 1, 1994 shall have until July 1, 1995 to apply for a fee-exempt permit to possess these animals as pets; provided however that the said hybrid is sexually neutered; also provided that it shall be unlawful to transfer possession or ownership of said hybrid without prior written approval from the Department. Liability insurance shall not be mandatory for wolf hybrids possessed under this fee-exempt permit.

      (II) Chrysocyon brachyurus (maned wolf);

      (III) Cuon alpinus (red dog);

      (IV) Lycaon pictus (african hunting dog);

    (ii) Omitted (bears)

    (iii) Omitted (wolverine)

    (iv) Family Hyaenidea (hyenas) - All species;

    (v) Omitted (large cats)

(D) Omitted (elephants)

(E) Omitted (rhinoceroses)

(F) Omitted (Artiodactyla)

27-5-5 G

*** CODE SECTION *** 08/26/98

(a) The following animals are considered to be inherently dangerous to human beings and are subject to the license or permit and insurance requirements provided for in subsection (f) of Code Section 27-5-4:

(1) Class Mammalia:

(B) Order Primates:

(i) Family Pongidae (gibbons, orang-utan, chimpanzees, siamangs, and gorillas) -- All species;

(ii) Family Cercopithecidae:

(I) Genus Macaca (macaques) -- All species;

(II) Genus Papio (mandrills, drills, and baboons) -- All species;

(III) Theropithecus gelada (Gelada baboon);

---------------------------------------------------------------------------- ---------------

(b) Except as provided in this Code section, a license or permit is required for the following wild animals and any others specified by regulation of the board:

(1) Class Mammalia:

(E) Order Primates (monkeys, apes, etc.) -- All species except Family Hominidae;

---------------------------------------------------------------------------- ----

(c) Any person who on July 1, 1994, possessed a wild animal for which a license or permit was not required prior to July 1, 1994, shall have until January 1, 1995, to apply for a fee-exempt permit, provided that the requirements of this chapter relating to insurance and humane handling, care, and confinement of wild animals are met. Such permits shall only be valid for wild animals possessed prior to July 1, 1994, and shall not authorize breeding, importation, sale, or transfer without specific authorization from the department.

(2) Omitted (Reptilia)

(3) Omitted (Osteichthyes)

(4) Omitted (Chondrichthyes)

(B) Except as provided in this Code section, a license or permit is required for all wild animals listed in this subsection or specified by regulation of the Board. Wild animals listed in this subsection do not require mandatory liability insurance.

    (1) Class Mammalia:

      (A) thru (J) Omitted.

      (K) Order Carnivora (weasels, ferrets, cats, bears, wolves, etc.) - All species, except that a European ferret (Mustela putorius furo) may be sold, purchased, exhibited or held as a pet without a license or permit; provided, however, that the ferret owner can provide valid documentation that the ferret is sexually neutered prior to seven months of age and is vaccinated against rabies with a properly administered vaccine approved for use on ferrets by the United States Department of Agriculture;

      (L) thru (Q) Omitted

    (2) Class Aves: - Omitted

    (3) Class Amphibia - Omitted

    (4) Class Osteichthyes - Omitted

    (5) Class Chondrichthyes - Omitted

    (6) All exotic fish.....- Omitted

27-5-6 Specifications for humane handling, care, confinement, and transportation of wild animals. - Omitted

27-5-7. Release or escape from captivity.

It shall be unlawful for any person to release intentionally or accidentally from captivity any wild animal as defined in 27-1-2(75) or to import, transport, sell, transfer, or possess such a wild animal in such a manner so as to cause its release or escape from captivity. In the event a person imports, transports, sells, transfers, or possesses a wild animal in such a manner so as to pose a reasonable possibility that such wild animal may be released accidentally or escape from captivity, the department may revoke the license or permit, or both, of such person pursuant to the procedure set forth in Code Section 27-2-25.*

27-5-8. Seizure of wild animals as contraband; civil action to recover animals.

(a) Peace officers authorized to enforce this chapter may seize as contraband any wild animal for which a permit or license, or both, is required and for which no permit or license, or both, has been obtained.

(b) When any peace officer authorized to enforce this chapter has seized as contraband any wild animal, he shall deliver the same to the department. To recover such wild animal, the owner or the person in possession of the wild animal at the time of may file, in the state or superior court having jurisdiction in the county where the seizure was made, a civil action against the State of Georgia, Department of Natural Resources, within 30 days following such seizure. The person filing the action shall have the burden of proof of showing that the wild animal was not held In violation of this title, and the action shall be tried as other civil cases in such court. The wild animal for which the action has been filed shall be held pending the resolution of the action. Reasonable charges for storing shall be paid to the department by the owner and the person in possession of the wild animal at the time of seizure unless it is determined that the seizure was unlawful (Code 1933, ' 45-11-04.1, enacted by Ga. L 1979, p. 1094, ' 14; Ga. L 1985, p. 913, ' 5.)

The 1985 amendment, effective May 1,1985, in subsection (b), divided the former last sentence into the present last and nextto-last sentences by substituting a period for "; provided however," following "resolution of the action" in the next-tolast sentence and substituted "owner and the person in possession of the wild animal at the time of seizure unless it is determined that the seizure was unlawful" for "person filing the action in the event that such person does not prevail in the action" at the end of the last sentence.

27-5-9. Seizure of wild animals pursuant to administrative order; appeal.

(a) Authorized personnel of the department may seize any wild animal regulated by this chapter pursuant to an administrative order or an emergency administrative order issued by the department.

(b) In the event that any person is adversely affected by a seizure pursuant to an administrative order or emergency administrative order issued by the department, such person shall be entitled to appeal such order pursuant to subsection (d) of Code Section 27-1-37.

(c) Any wild animal seized under this Code section shall be held until the expiration of the time for filing any administrative appeal. Reasonable charges for storage shall be paid to the department by the owner and the person in possession of the animal at the time of seizure unless it is determined that the seizure was unlawful. (Code 1933, ' 45-1104.2, enacted by Ga. L. 1979, p. 1094, ' 14; Ga. L 1985, p. 913, ' 6,) The 1985 amendment, effective May 1, 1985, in subsection (b), substituted a "seizure pursuant to an" for "any" and substituted "appeal such order pursuant to subsection (d) of Code Section 27-1-37" for "all rights of appeal as stated in this title" and added subsection (c).

27-5-10. Disposal at wild animals recaptured after escape or seized under this title.

(a) The commissioner may authorize the disposal of any wild animal regulated by this chapter which has escaped and been recaptured or any wild animal which has been seized under this title. Such disposal shall be in the manner determined by the commissioner too be in the best interest of the state and shall not be in violation of this title, provided that no such disposal shall be made until there has been a final adjudication of any civil or administrative proceeding commenced by any person authorized to do so by this title.

(b) Notwithstanding any other provisions of this title, when a wild animal regulated by this chapter has escaped, the commissioner may authorized the destruction of the wild animal if he determines that the wild animal poses a threat to the safety of human beings or if he determines that there is very little likelihood that the wild animal can be recaptured. (Code 1933, ' 45-1105, enacted by Ga. L 1977, p. 396, ' 1; Ga. L 1978, p. 816, ' 69, Ga. L. 1979, p. 1094, ' 15.)

27-5-11. Wild animal auction license; applications; filing requirements.

(a) As used in this Code section, the term "auction" means a public or private sale of wild animals to the highest bidder.

(b) No person shall conduct an auction of wild animals without first obtaining a wild animal auction license from the department. Such license shall only be good for a specific auction of not more than seven days in duration at a single location.

(c) All applications for a wild animal auction license shall include:

    (1) A $5,000.00 wild animal auction license fee which shall be refunded if the application is denied;

    (2) A cash bond or surety bond issued by a surety company authorized to do business in this state in the amount of $50,000.00 made payable to the commissioner and conditioned upon the applicant's conducting the auction in accordance with this chapter, and the terms and conditions of the applicant's wild animal auction license;

    (3) A description by species and number of the wild animals to be sold at auction and plans of the facilities to be used to house such wild animals which include an explanation of which facilities are to house which animals;

    (4) A certificate or policy of insurance issued to the auctioneer and the owner of the auction facilities meeting all the requirements of subsection (f) of Code Section 27-5-4 if any wild animals inherently dangerous to human beings are to be sold at auction;

    (5) A description of the facilities to be provided for the obtainment of any insurance required by subsection (f) of Code Section 27-5-4 for persons who buy wild animals at the auction and an affidavit from an officer or agent of such an insurer that it is ready, willing, and able to provide such insurance;

    (6) Authorization for the department to inspect the proposed facilities for the auction prior to to a determination on the application and, if the application is granted, at any time thereafter until all wild animals have been removed from the premises of the auction;

    (7) Copies of all materials to be distributed to the public or participants about the auction; and;

    (8) Such other information as the commissioner deems necessary for the department to discharge its responsibilities under this code section.

(d) No application for a wild animal auction license shall be considered unless it is filed and completed at least 60 days prior to the proposed auction. The department shall have at least 30 days to respond to a completed application.

(e) All other provisions of this chapter, including, without limitation, those relating to licensing, insurance, humane handling, care, confinement and transportation of wild animals, and seizure and disposal of wild animals shall be applicable to a wild animal auction and any participants therein. (Code 1981. ' 27-5-11, enacted by Ga. L.. 1985 p. 913, ' 7, ##Effective Date.- This code section ' 4-6-42 et seq. Sales became effective May l, 1985. by auction generally. Cross references.- Livestock auctions, ' 11-2-328. Regulation of business of auctioneers generally, T. 43, Ch. 6,


Georgia has enacted legislation that requires all nonhuman primate pet owners obtain permits for keeping their pets. This is a statewide regulation. $236 per year is the standard rate, regardless of the number of animals owned. The permit must be renewed annually, but because the fee is expensive, it appears many avoid paying. There are no mandatory inspections or checkups required, leading to a potential for illegally owned primates being held in possibly unhealthy or inadequate conditions. A grandfather clause was part of the legislation, allowing all pet owners prior to July, 1994, to be exempt from paying the permit fee, with permits expiring upon the deaths of the primate pets.

 

HAWAII

===========================================

It is possible to own pet primates in the State of Hawaii, but they must be bonded by the State and one must petition the State Board of Agriculture to bring them into the islands. Bonding costs $250, but this will soon be raised to $1000, unless one has a USDA license (in which case the fee remains $250). Because of this high cost, pet and sanctuary owners may increasingly seek USDA licensing. 90% of the primates in Hawaii are in research (mostly Aotus), bona fide exhibits, or in a few dealerships. Pet stores are allowed to sell nonhuman primates.

 

 

Idaho State Code

Chapter 2

Classifications and Definitions

Section 36-201. Fish and game commission authorized to classify wildlife.

Section 36-202. Definitions.

36-201. Fish and game commission authorized to classify wildlife.

- With he exception of predatory animals, the Idaho fish and game

commission is hereby authorized to define by classification or

reclassification all wildlife in the state of Idaho. Such definitions and

classifications shall include:

(a) Game animals

(b) Game birds

(c) Game fish

(d) Fur-bearing animals

(e) Migratory birds

(f) Threatened or endangered wildlife

(g) Protected non-game species

(h) Unprotected wildlife


Predatory wildlife shall include:

1. Coyote

2. Jackrabbit

3. Skunk

4. Weasel

5. Starling

[I.C., subsection 36-201, as added by 1976, ch. 95, subsection 2, p. 315; am. 1977,ch. 75, subsection 1, p. 154] 36-2-2.

Definitions. - Whenever the following words appear in title 36, Idaho Code, and orders and rules promulgated by the Idaho fish and game commission or the director of the Idaho department of fish and game, they shall be deemed to have the same meaning and terms of reference as hereinafter set forth. The present tense includes the past and future tenses, and the future, the present.

(a) "Title" shall mean all of the fish and game laws and rules promulgated pursuant thereto.

(b) "Commission" shall mean the Idaho fish and game commission. "Commissioner" shall mean a member of the Idaho fish and game commission.

(c) "Department" shall mean the Idaho department of fish and game.

(d) "Director" shall mean the director of the Idaho department of fish and game or any person authorized to act in his name.

(e) "Employee" shall mean any employee of the Idaho department of fish and game whose salary is paid entirely or in part by funds administered by the Idaho fish and game commission and whose appointment is made in accordance with the Idaho personnel commission act and related rules.

(f) "Person" shall mean an individual, partnership, corporation, company, or any other type of association, and any agent or officer of any partnership, corporation, company, or other type of association. The masculine gender includes the feminine and the neuter. The singular, the plural, and the plural, the singular.

(g) "Wildlife" shall mean any form of animal life, native or exotic, generally living in a state of nature.

(h) "Take" shall mean hunt, pursue, catch, capture, shoot, fish, seine, trap, kill, or possess or any attempt to so do.

(i) "Hunting" shall mean chasing, driving, flushing, attracting, pursuing, worrying, following after or on the trail of, shooting at, stalking, or lying in wait for, any wildlife whether or not such wildlife is then or subsequently captured, killed, taken, or wounded. Such term does not include stalking, attracting, searching for, or lying in wait for, any wildlife by an unarmed person solely for the purpose of watching wildlife or taking pictures thereof.

(j) "Fishing" shall mean any effort made to take, kill, injure, capture, or catch any fish or bullfrog.

(k) "Trapping" shall mean taking, killing, and capturing wildlife by the use of any trap, snare, deadfall, or other device commonly used to capture wildlife, and the shooting or killing of wildlife lawfully trapped, and includes all lesser acts such as placing, setting or staking such traps, snare, deadfalls, and other devices, whether or not such acts result in the taking of wildlife, and every attempt to take and every act of assistance to any other person in taking or attempting to take wildlife with traps, snares, deadfalls, or other devices.

(l) "Possession" shall mean both actual and constructive possession, and any control of the object or objects referred to; provided that wildlife taken accidentally and in a manner not contrary to the provisions of this title shall not be deemed to be in possession while being immediately released live back to the wild.

 

ILLINOIS

===========================================

Illinois Dept. of Agriculture, Springfield, IL

Excerpt from April 8, 1996 letter from David R. Bromwell, D.V.M., Chief Veterinarian, Bureau of Animal Welfare:

"There is no special provision for crossbred wolves and dogs or coyotes and dogs because there is no rabies vaccine approved for use on animals resulting from the crossbreeding of dogs with wild animals. If the animals are represented as wolves or coyotes, it would be illegal to possess them.

"A copy of the Illinois Dangerous Animals Act is enclosed for your information." (see below)

Illinois Dangerous Animals Act

Administered by the ILLINOIS DEPARTMENT OF AGRICULTURE Bureau of Animal Welfare
ILLINOIS DANGEROUS ANIMALS ACT (Illinois Compiled Statutes, Ch. 720, Para 585/0.1 et seq. from Illinois Revised Statutes, Ch. 8, Para 240 et seq.)

AN ACT to prohibit the keeping of certain animals and reptiles, and to provide penalties for the violation thereof. Approved by P.A. 76-1885, approved and eff. October 10, 1969.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

585/0.1 DEFINITIONS


SECTION 0.1. As used in this Act, unless the context otherwise requires: "Dangerous animal" means a lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, lynx, bobcat, jaguarundi, bear, hyena, wolf or coyote, or any poisonous or life-threatening reptile.

"Owner" means any person who (a) has a right of property in a dangerous animal, (b) keeps or harbors a dangerous animal, (c) has a dangerous animal in his care, or (d) acts as custodian of a dangerous animal.

"Person" means any individual, firm, association, partnership, corporation, or other legal entity, any public or private institution, the State of Illinois, or any municipal corporation or political subdivision of the State.

Added by P.A. 84-28, 3, eff. Jan. 1, 1986.

585/1 DANGEROUS ANIMALS PROHIBITED - EXCEPTIONS.


SECTION 1. No person shall have a right of property in, keep, harbor, care for, act as custodian of or maintain in his possession any dangerous animal except at a properly maintained zoological park, federally licensed exhibit, circus, scientific or educational institution, research laboratory, veterinary hospital or animal refuge in an escape-proof enclosure.

Amended by P.A. 84-28, SECTION 3, eff. Jan. 1, 1986.

582/2 DOMESTICATION NO DEFENSE.

SECTION 2. It is no defense to a violation of Section 1 that the person violating such Section has attempted to domesticate the dangerous animal. If there appears to be imminent danger to the public, any dangerous animal found not in compliance with the provisions of this Act shall be subject to seizure and may immediately be placed in an approved facility. Upon the conviction of a person for a violation of Section 1, the animal with regard to which the conviction was obtained shall be confiscated and placed in an approved facility, with the owner thereof to be responsible for all costs connected with the seizure and confiscation of such animal. Approved facilities include, but are not limited to, a zoological park, federally licensed exhibit, humane society, veterinary hospital or animal refuge.

Amended by P.A. 84-28, SECTION 3, eff. Jan. 1, 1986.

585/3 VIOLATIONS-CORPORATIONS AND PARTNERSHIP.

SECTION 3. Any person violating this Act shall be guilty of a Class C misdemeanor. Each day of violation constitutes a separate offense. In the event the person violating this Act is a corporation or partnership, any officer, director, manager or managerial agent of the partnership or corporation who violates this Section or causes the partnership or corporation to violate this Section is guilty of a Class C misdemeanor.

Amended by P.A. 84-28, SECTION 3, eff. Jan. 1, 1986.

585/4 SHORT TITLE.


SECTION 4. This Act shall be known and may be cited as the "Illinois Dangerous Animals Act."

Added by P.A. 84-28, SECTION 3, eff. Jan. 1, 1986.

PRINTED BY THE AUTHORITY OF THE STATE OF ILLINOIS #5012/500 copies/11-95

The Department of Conservation's Wildlife Code has a brief section (Chapter 520 ILCS, Section 5/2.2) which lists species specifically protected (none of them primates) and requires that one must have a permit in order to bring a wild animal into the state. However, our sources indicated that this provision is rarely used and is never used for animals coming through the pet-store trade. It is generally applied to animal breeders (e.g., falconers), and for animals which could endanger native species. Local authorities are discussing the fact that they may need to develop standards for animal housing and care which do not currently exist. The state Department of Agriculture has no specific regulations beyond the federal regulations with two exceptions: a) They do license all pet shops, which must meet certain standards (with no specific rules for those trading in primates), and b) There is a "Humane Care for Animals Act," established to assure that all animals receive adequate care. It is employed retroactively rather than proactively; a veterinarian investigates all charges of inhumane or inadequate care. There are few Illinois counties or municipalities that have their own nonhuman primate ordinances.

INDIANA

===========================================


 

ARTICLE 3.1. FISH AND WILDLIFE

RULE 1. Definitions

310 IAC 3.1-1-1 General application of definitions

Authority: IC 14-11-2-1; IC 14-22-2-6

Affected: IC 14-22

Sec. 1.

The definitions provided in 310 IAC 3.1-1 apply throughout this article.

310 IAC 3.1-1-2 "Animal" defined

Authority: IC 14-11-2-1; IC 14-22-2-6

Affected: IC 14-22

Sec. 2.

"Animal" means all mammals, birds, reptiles, amphibians, fish, crustaceans, and mollusks.

310 IAC 3.1-1-10 "Department" defined

Authority: IC 14-11-2-1; IC 14-22-2-6

Affected: IC 14-22

Sec. 10.

"Department" means the department of natural resources.

310 IAC 3.1-1-11 "Director" defined

Authority. IC 14-11-2-1; IC 14-22-2-6

Affected: IC 14-22

Sec. 11.

"Director means the director of the department of natural resources.

310 IAC 3.1-1-12 "Division director" defined

Authority: IC 14-11-2-1; IC 14-22-2-6

Affected: IC 14-22

Sec. 12.

"Division director means the director of the division of fish and wildlife

310 IAC 3.1-1-13 "Division" defined

Authority: IC 14-11-2-1; IC 14-22-2-6

Affected: IC 14-22

Sec. 13.

"Division" means the division of fish and wildlife of the department of natural resources.

310 IAC 3.1-1-14 "Endangered species" defined

Authority: IC 14-11-2-1; IC 14-22-2-6

Affected: IC 14-22

Sec. 14.

"Endangered species" means a species or subspecies of wildlife whose prospects of survival or recruitment within the state are in jeopardy or are likely within the foreseeable future to become so due to any of the following factors:

(1) the destruction, drastic modification, or severe curtailment of its habitat; or

(2) its overutilitization of scientific, commercial or sporting purposes; or

(3) the effect on it of disease, pollution, or predation; or

(4) other natural or man-made factors affecting its prospects of survival or recruitment within the state; or

(5) any combination of the foregoing factors. The term shall also be deemed to include any species or subspecies of fish or wildlife appearing on the United States list of endangered native fish and wildlife as it appears on the effective date of this chapter (Part 17 of Title 50 of the Code of Federal Regulations, Appendix D) or may hereafter be modified as well as any species or subspecies of fish and wildlife appearing on the United States list of endangered foreign fish and wildlife (Part 17 of Title 50 of the Code of Federal Regulations, Appendix A), or any appearing as a result of such list being modified hereafter.

310 IAC 3.1-1-15 "Exempted wild animal defined

Authority: IC 14-11-2-1; IC 14-22-2-6

Affected: IC 14-22

Sec. 15.

"Exempted wild animal" means a wild animal which is unprotected and may be taken at any time.

310 IAC 3.1-1-23 "Individual" defined

Authority: IC 14-11-2-1; IC 14-22-2-6

Affected: IC 14-22

Sec. 23.

"Individual" means a human being.

310 IAC 3.1-1-25 "Law defined

Authority: IC 14-11-2-1; IC 14-22-2-6

Affected: IC 14-22

Sec. 25.

Law" means the United States Constitution, a treaty, a federal statute, a federal regulation, an Indiana statute, or an Indiana rule.

310 IAC 3.1-1-25.5 "License" defined

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-22-2-6

Affected: IC 4-21.5-1-8; IC 14-22

Sec. 25.5.

"License" has the meaning set forth in IC

310 IAC 3.1-1-31 "Person" defined

Authority: IC 14-11-2-1; IC 14-22-2-6

Affected: IC 14-22

Sec. 31.

"Person" means an individual, an incorporated or unincorporated organization or association, a trustee, or a legal representative.

310 IAC 3.1-1-32 "Possession" defined

Authority: IC 14-11-2-1; IC 14-22-2-6

Affected: IC 14-22

Sec. 32.

"Possession" means to have direct physical control or to knowingly have the power and the intention to exercise dominion or control.

310 IAC 3.1-1-33 "Premises" defined

Authority: IC 14-11-2-1; IC 14-22-2-6

Affected: IC 14-22

Sec. 33.

"Premises" means lands, waters, and private ways.

310 IAC 3.1-1-37 "Resident" defined

Authority: IC 14-11-2-1; IC 14-22-2-6

Affected: IC 14-22

Sec. 37.

"Resident means a person who is at the time and who has continuously resided within this state for sixty (60) consecutive days immediately preceding the date of application for a license or permit. All other persons are nonresidents.

310 IAC 3.1-1-41 "Threatened species" defined

Authority: IC 14-11-2-1; IC 14-22-2-6

Affected: IC 14-22

Sec. 41.

"Threatened species" means a species or subspecies of wild animal likely to become endangered within the foreseeable future, including all species or subspecies classified as threatened by the federal government which occur in Indiana.

310 IAC 3.1-1-46 "Wild animal" defined

Authority: IC 14-11-2-1; IC 14-22-2-6

Affected: IC 14-22

Sec. 46.

"Wild animal" means any animal whose species usually lives in the wild or usually is not domesticated.

310 IAC 3.1-1-47 "Wildlife" defined

Authority: IC 14-11-2-1; IC 14-22-2-6

Affected: IC 14-22

Sec. 47.

"Wildlife" means all wild birds and wild mammals.

Rule 2. Restrictions and Standards Applicable to Wild Animals

310 IAC 3.1-2-1 Taking, chasing and possessing wild animals

Authority: IC 14-22-2-6

Affected: IC 14-22

Sec. 1.

(a) It is unlawful to take, chase or possess a wild animal except as provided by statute or by this article (310 IAC 3.1).

(b) Notwithstanding subsection (a), this article (310 IAC 3.1) does not apply to groundhogs.

310 IAC 3.1-2-2 Prohibition against motor driven conveyances

Authority: IC 14-22-2-6

Affected: IC 14-22

Sec. 2.

(a) It is unlawful to take or chase a wild mammal or bird from, by the use of, or with the aid of a motor driven conveyance, except:

    (1) as authorized for a handicapped individual under 310 IAC 3.1-10-10; and

    (2) as provided in subsection (b).

(b) A motorboat may be used:

    (1) to check traps which are lawfully set and maintained; or

    (2) to retrieve a dead or crippled waterfowl.

(c) A motorboat may be used to hunt waterfowl if the motorboat is beached, resting at anchor, tied to a stationary object, or otherwise without motion except as provided by wind, water current, or hand-operated oars or paddles.

(d) It is unlawful to discharge a firearm or bow and arrows from a motor driven conveyance while the conveyance is in motion.

310 IAC 3.1-2-7 Endangered and threatened species

Authority: IC 14-22-2-6; IC 14-22-34-17

Affected: IC 14-22

Sec. 7.

It is unlawful to take, possess, transport, export, process, sell, offer for sale, or ship, and for any common or contract carrier knowingly to transport or receive for shipment an endangered or threatened species unless provided in a permit issued by the director or the federal government or if the animal was lawfully obtained outside Indiana.

310 IAC 3.1-2-10 Violations of law or license terms; revocations

Authority: IC 14-22-2-6

Affected: IC 4-21.5; IC 14-22-6-1

Sec. 10.

(a) The failure by a license holder to comply with the law or a term of the license may result in its revocation by the director under IC 4-21.5.

(b) A violation of a license issued under this article is a violation of this article and IC 14-2-3-8(a).

310 IAC 3.1-2-11 State parks

Authority: IC 14-22-2-6

Affected: IC 14-22

Sec. 11.

It is unlawful to take or chase a wild animal, other than a fish, in a state park.

 

IOWA

===========================================

Sorry ... we have no information for this state. If you find information about this state, please send it to us immediately

 

KANSAS

========================================

AS OF MAY 1996 RECEIVED FROM KANSAS, Effective 10 Feb 1992

115-12-3 A game breeder permit SHALL be required to engage in the business of raising and selling the following wildlife:

(1) mountain lion, Felis concolor Linnaeus;

(2) wolf, Canis lupus Say;

(3) black bear, Ursus americanus Pallas; and

(4) grizzly bear, Ursus arctos horribilis Ord.

115-20-4(A) Any person possessing one of the following animals SHALL be required to obtain a possession permit:

(1) mountain lion, Felis concolor Linnaeus;

(2) wolf, Canis lupus Say;

(3) black bear, Ursus americanus Pallas; and

(4) grizzly bear, Ursus arctos horribilis Ord.

 

115-20-4(F) The possession of wildlife listed in subsection (A) SHALL be subject to all federal and state laws and regulations and to all local ordinances.
115-20-4(G) The provisions of this regulation SHALL NOT apply to

(1) zoos,

(2) licensed veterinarians;

(3) transportation of such wildlife through the state;

(4) possession of such wildlife when the possession shall not exceed five days; or

(5) such wildlife possessed for scientific, educational or display purposes by:

(a) a school or university; or

(b) a circus or other similar business enterprise offering public viewing opportunity.

 

KENTUCKY

===========================================

Commonwealth of Kentucky, Dept. of Fish and Wildlife Resources, Frankfort, KY

The beginning of this is an excerpt from the letter that was received from Mr. Mark S. Cramer dated April 24, 1996:

"Per your request for regulations pertaining to wolves, coyotes, and their hybrids, ...enclosing a copy of KY's pet and propagation permitting regulation (301 KAR 2:081), and the state stature dealing with the importation, or possession of endangered species of wildlife (KRS 150.183). Currently, wolves cannot be imported, transported, or possessed in Kentucky except for certain educational, scientific or research purposes approved by the commissioner. Coyotes can be imported and possessed if a transportation permit and a noncommercial pet and propagation permit is received from the Kentucky Department of Fish and Wildlife Resources (refer to regulation).

"Presently, state regulations or statutes do not exist that specifically address wolf/dog hybrids, however, recent information suggests that a few free-roaming wolf/dog hybrids may be present in Kentucky, either through owner negligence or intentional release by individuals. The potential problems associate with these free-roaming animals may necessitate developing regulations that address wolf/dog hybrids in the future. We are currently looking into this matter."

FROM THE REGS:

150.183. Importing, transporting or possessing endangered species of wildlife.

(1) No person shall import, transport, possess for resale or sell any endangered species of wildlife, the hides, skins, or other parts of any species of wildlife designated as an endangered species by regulation promulgated by the Department of Fish and Wildlife Resources except as provided in subsection (3) of this section. As used in this section, the term "endangered species" means any species of wildlife seriously threatened with worldwide extinction or in danger of being extirpated from the Commonwealth of Kentucky.

(2) The regulation or regulations promulgated pursuant to subsection (1) of this section shall include, but not be limited to, all species of wildlife designated as endangered species by the United States Secretary of the Interior on January 1, 1973.

(3) The Department of Fish and Wildlife Resources may permit, under such terms and conditions as it may prescribe, the importation, transportation, possession, or sale of any species of wildlife otherwise prohibited pursuant to this section for zoological, educational, or scientific purposes, and for the propagation of such wildlife in captivity for preservation purposes except as otherwise prohibited by law.

(Enact. Acts 1972, ch. 40, SECTION 1(1) to (3), effective January 1, 1973,; 1978, ch. 384, SECTION 35, effective June 17, 1978; 1986, ch. 265, SECTION 8, effective July 15, 1986.)

Opinions of Attorney General. First sentence omitted. The authority of the Department of Fish and Wildlife Resources to promulgate regulations designating endangered species granted by this section clearly indicates an intent to include endangered wildlife within the department's jurisdiction. OAG 84-214.

TOURISM CABINET
Department of Fish and Wildlife Resources

301 KAR 2:081; Pet and Propagation permits

RELATES TO: KRS 150.015, 150.180, 150.280, 150.290, 150.305, 150.320, 150.330, 150.360, 150.370, 150.470

STATUTORY AUTHORITY: KRS 13 A.350, 150.170, 150.180

NECESSITY AND FUNCTION: This administrative regulation is necessary to control the indiscriminate possession of wildlife and to insure that wildlife is humanely and properly cared for; to protect the public and native wildlife from wildlife-borne diseases and to prevent the introduction of wildlife that might be detrimental to native fauna and flora.


Section 1. DEFINITIONS.
"Wildlife" means all species of normally undomesticated animals except love-birds, cockatiels, withe rates, exotic finches, hamsters, guinea pigs, canaries, mice, reptiles, mynah birds, gerbils, toucans, and primates.

Section 2. TAKING AND POSSESSING WILDLIFE.
(1) A person shall not hold wildlife in captivity which was not legally taken or possessed.

(2) A person holding wildlife in captivity shall apply for a permit within ten (10) days after the wildlife is acquired.


Section 3. IMPORTATION OR POSSESSION PROHIBITED.
A person shall not import or possess the following wildlife: wild hog, jack rabbit, monk parakeet, javelina, nutria, wild turkey, San Juan rabbit, bear, bobcat, cougar, raccoon dog (Nyctereutes procyonoides) and wolf. The commissioner may approve exceptions for certain educational, scientific or research purposes.

Section 4. PERMITS.
(1) Commercial Pet and Propagation permits. (a) A person buying, selling, possessing, propagating or exhibiting wildlife for commercial purposes shall obtain a Commercial Pet and Propagation Permit from the department. (b) Commercial permit holders shall obtain wildlife only from permitted or qualified sources as determined by the commissioner. (c) Determination of wildlife permitted to be possessed, transported, bought, sold, or exhibited will be made by the commissioner or his appointed representative.

(2) Noncommercial Pet and Propagation Permits. (a) A person possession, purchasing, or propagating wildlife for noncommercial purposes shall obtain a noncommercial pet and propagation permit from the department within ten (10) days after the wildlife is acquired. (b) Holders of noncommercial permits may obtain wildlife legally from the wild or from a permitted or qualified source as determined by the commissioner.

(3) Transportation Permits and Veterinarian's Certificates. (a) A person importing, transporting, or receiving shipment of live wildlife shall first obtain a transportation permit from a conservation officer, nonresidents receiving wildlife shipments in Kentucky may apply directly to the department. (b) All shipments of wildlife shall be accompanied by a veterinarian's certificate stating that the wildlife is free of symptoms of disease. A federal quarantine certificate may be substituted for the veterinarian's certificate.

(4) Commercial and noncommercial permits are renewable annually from dates of issue.

Section 5. APPLYING FOR PERMITS.

(1) All applications for pet or propagation permits shall be made on standard forms.

(2) The applicant shall indicate the source of supply of the wildlife.

(3) After the permit is issued, the permit older shall retain a bill of sale or other written proof to show that the wildlife was obtained from a legal source.

(4) A permit holder shall show this written proof to a conservation officer upon request.

Section 6. CONFINING FACILITIES AND INSPECTIONS.


(1) Confining facilities shall be large enough to allow reasonable space for exercise, shelter, and maintenance of sanitary conditions.

(2) The holder of a pet or propagation permit shall allow a conservation officer to inspect the facilities at any reasonable time.

(3) The conservation officer shall immediately notify the permit and the commissioner if his inspection reveals that wildlife is being kept under unsanitary or inhumane conditions.

(4) The conservation officer shall make a second inspection after ten (10) days, and the permit shall be revoked and all captive wildlife confiscated immediately if the unsatisfactory conditions have not been corrected.

(5) The pet or propagation permit shall be revoked and all wildlife confiscated if it becomes apparent that an application was not made in good faith, or if the permit holder is convicted of any law violation concerning the species for which he holds a permit.

(6) Fees shall not be refunded for permits which are revoked.

Section 7. CONDITIONS FOR SELLING WILDLIFE.

(1) Omitted.

(2) Other wildlife or parts thereof produced on a permitted commercial propagation facility may be sold.

(3)

(4) All wildlife sold alive for propagation purposes or to commercial shooting preserves shall bear a tag on each crate stating the name and address of the propagator and permit number. The tags may be obtained from the Department.

(5) Omitted.

Approved by Department of Fish and Wildlife Resources: March 7, 1994.


There is no regulation of nonhuman primates as pets in the state of Kentucky. In 301 KAR 2:080 "Propagation of Game: Pet Permits", Section 3 specifically states that "Possessing, buying, selling, or exhibiting any of the following wildlife DOES NOT require a pet or propagation permit: lovebirds, cockatiels, .... and primates (monkeys). The Indigenous Species Act allows the state to regulate, but state officials do not use this stipulation often. State Wildlife officers can inspect reported problems with animals but, since there are no written standards for care, these inspections are of little value. The State plans to extend regulations to require either a low-cost holding permit or a $200 propagation fee.


Counties Enforce Regulation of Exotic and Wild Animals

To the majority of people across the United States, the term “pet”still means owing dog or cat. But in the past 15 years, the definition of this term has expanded to include animals of an exotic or wild nature. Because of a county’s responsibility to protect the public health, safety, and welfare of its citizens, more counties are developing ordinances to regulate the possession and/or ownership of these types of pets.

The Sedgwick County, Kan., Board of Commissioners, with the help of the Sedgwick Animal Care Advisory Board, has developed a comprehensive exotic animal ordinance. In Sedgwick County, an exotic animal is “any animal which is not native or indigenous to Kansas, or does not have an established wild population in Kansas.”

The county’s regulation of exotic animals is divided into two categories: inherently dangerous exotic mammals (i.e., non-domesticated dogs, non-domesticated cats, and bears), and inherently dangerous reptiles (i.e., venomous snakes, snakes greater than 10 feet and/or weighing 15 pounds, crocodiles, and alligators).

A license to possess an inherently dangerous mammal is granted only to those persons whose facilities are licensed by the U. S. Department of Agriculture, or to those individuals who owned or possessed this type of mammal on or before the day the ordinance went into effect.

In order to own or possess an inherently dangerous reptile, a person has to be at least 18 years old and meet the licensing requirements set forth in the ordinance.

Standards for housing, including the dimensions and the types of materials used in constructing and maintaining the housing, are very specific, and are provided for each type of exotic animal. Care standards, (i.e., water, food, sanitation, medical needs, transportation, and restraint), are also given for each specific species.

The ordinance establishes license regulations, and grants the licensing and inspection authority to the county animal control officer.

Jefferson County, Ky.’s wildlife ordinance prohibits the possession of primates and venomous reptiles (unless owned prior to March 1988). In Jefferson County, wildlife is defined as any animal which occurs naturally in a wild state, including any animal which is part wild.

Individuals who own or possess wildlife are required by state statute to obtain a permit from the Kentucky State Department of Fish and Wildlife Resources. The county ordinance also requires a second permit from the Jefferson County Division of Animal Control and Protection and a health certificate from a veterinarian stating that the animal is free of infectious diseases.

Although specific, sections of both these ordinances do not apply to accredited zoos and aquariums, and licensed theatrical exhibits or circuses.

(For more information on the ordinances discussed above, please call 202/942-4279. If you would like to share your county’s ordinances with NACo regarding exotic and/or wild animals, please send information to the attention of Peggy Beardslee.)

 

LOUISIANA

===========================================

Sorry ... we have no information for this state. If you find information about this state, please send it to us immediately.

 

MAINE

===========================================

State of Maine = Animal Laws:


PET means a dog, cat or other domesticated animal commonly kept in a household, but does not include tamed animals that are ordinarily considered wild animals. {7[3907 22-B]}


WOLF HYBRID means any canine, regardless of generation, that has resulted from the interbreeding of a dog and a wolf.{7[3907 30]}

LICENSE means a dog or wolf hybrid may not be kept within the limits of the State, unless the dog or wolf hybrid has been licensed by its owner or keeper. {7[3921]}


Each owner or keeper of a dog or wolf hybrid at the age of 6 months or more shall obtain a license. {7[3922 1]}


A municipal clerk may NOT issue a license for a dog until the applicant has filed with the clerk proof that the dog has been immunized against rabies in accordance with rules adopted by the Commissioner of Human Services. {7[3922 3]}


The license must state the breed, sex, color and markings of the dog or wolf hybrid, whether that animal is a dog or wolf hybrid and the name and address of the owner or keeper. The license must be issued in triplicate and the original must be given to the applicant and the remaining 2 copies must be retained by the municipal clerk or dog recorder. {7[3922 5]}

LICENSE TAG means the municipal clerk shall provide with each new

 

MARYLAND

===========================================

Maryland Department of Natural Resources, Annapolis, Maryland

08.03.09.02 Department of Natural Resources.

.03 Rabies Emergency


A. A person may not imprt into Maryland any live raccoons, skunks, foxes, wolves, coyotes, bobcats, or any other mammalian wildlife species, or hybrids, for which there is no U.S.D.A. certified vaccine against rabies.

B. A person or incorporated or unincoproated organization may not harbor or move within Maryland any live raccoons, skunks, foxes, wolves, coyotes, bobcats, or any other mammalian wildlife species, or hybrids, for which there is no U.S.D.A. certified vaccine against rabies, without first having obtained a permit from the Service, except that is shall be lawful to transfer those living animals within a county or city to a designee of local government for the purpose of humane euthanasia.


C. Omitted.

D. This regulation does not prohibit or restrict the importation or possession of mammals into Maryland for use at a circus, carnival, or fair licensed under 9 CFR SECTIONS 1.2 - 2.11, Subpart A.

 

MASSACHUSETTS

===========================================

FACT SHEET

Wolf/Dog and Wild/Domestic Cat Hybrids

INTRODUCTION

On January 10th, 1994 Governor Weld signed a new law which changed the legal status of wolf/dog and wild/domestic cat hybrids. The law serves to prohibit hybrids as pets but it grandfathers all existing pet hybrids in Massachusetts and guarantees that so long as they are maintained responsibly that they can be kept for the rest of their lives.

LEGAL STATUS

The legal significance of the new law (M.G.L. 131:77A) was to classify these hybrids, for the purpose of state law, as wildlife rather than as domestic dogs or cats. After April 10th, 1994 it became unlawful to acquire any new hybrids in Massachusetts.

EXISTING PETS

Hybrids that were already in Massachusetts on April 10th, 1994 may be kept for the rest of their lives but must be registered with the Division of Fisheries and Wildlife (DFW). They must also be kept in a way that meets the minimum housing and restraint requirements established by the Division and which are outlined below.

BREEDING WOLF/DOG HYBRIDS

Although the Division does not require that registered hybrids be neutered or spayed, they may NOT be bred in Massachusetts. Any young born in Massachusetts to a female hybrid, or whose father is a hybrid, after April 10th, 1994 is an illegal animal.

BREEDING WILD/DOMESTIC CAT HYBRIDS Omitted

Health Care

Any wolf/dog or wild domestic cat hybrid registered in Massachusetts should be provided the very same health care as a domestic dog or domestic cat. The DFW strongly recommends that these animals receive all of the vaccines that would be given to their domestic counterparts, including rabies.

RABIES VACCINES

Although dog or cat rabies vaccines probably provide good protection for a wolf/dog or wild/domestic cat hybrid, it is important to understand that no rabies vaccines are actually registered for use in hybrids. Having your pet hybrid vaccinated is still very important since it will likely protect your pet from unknown encounters with rabid raccoons or bats. However, if a pet hybrid bites a person or another pet it has to be treated as if the hybrid were not vaccinated since the vaccines are not legally registered for use in hybrids. For this reason it is particularly important that owners of hybrids take extra precautions that their pets do not bite people or other pets.

HOUSING AND RESTRAINT

The Division of Fisheries and Wildlife will not require the same substantial level of cage construction and security for hybrids that it does for wolves and wild cat species. However, all hybrids must be kept in such a way that they are under the constant control of their owners, They may be kept indoors and/or in outdoor pens or cages from which they do not escape. No hybrid may be allowed to roam free. Wolf/dog hybrids may be kept on an outdoor lead, run or chain but the animal's area of reach must be surrounded by a fence of at least three feet in height to discourage potential access by an unattended child. This perimeter fence may only be omitted if the animal is being restrained more than 100 yards away from the nearest occupied home, regardless of whether children reside in the nearest home or not. Hybrids may be taken out into public for exercise, veterinary care, to travel or for any other reason but must be leashed whenever they are outside the constant supervision of someone at least 18 years of age.

Failure to properly house or restrain a wolf/dog or wild/domestic cat hybrid can be justification for the Division of Fisheries and Wildlife to revoke a person's authority to keep the animal in Massachusetts.

For More Information - Call the Division of Fisheries and Wildlife at 617-727-3151.


H 5092

Chapter 406

THE COMMONWEALTH OF MASSACHUSETTS

In the Year One Thousand Nine Hundred and Ninety-three

AN ACT FURTHER REGULATING CERTAIN WILD CANID HYBRIDS AND WILD FELID HYBRIDS.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Section 1. Chapter 131 of the General Laws is hereby amended by inserting after section 77, as appearing in the 1992 Official Edition, the following section:-

Section 77A. No person shall possess, sell, trade, breed, import, export or release a wild canid hybrid or wild felid hybrid, except as otherwise provided by rules and regulations of the division. Any mammal which is the offspring of the reproduction between any species of wild canid or hybrid wild canid and a domestic dog or hybrid wild canid, or is represented by its owner to be a wolf hybrid, coyote hybrid, coy dog or any other kind of wild canid hybrid, or which is the offspring of the reproduction between any species of wild felid or hybrid wild felid and a domestic cat or hybrid wild felid or is represented by its owner to be a wild felid hybrid. All mammals shall be considered to be wild mammals and subject to the provisions of this chapter.

The provisions of this act shall not apply to an owner or other person possessing any such animal as of January first, nineteen hundred an ninety-four who has received a permit from the director; provided, however, that such permit has been acquired on or before July thirty-first, nineteen hundred and ninety-four. Such owner or other person shall be subject to the rules and regulations promulgated by the division. Such rules and regulations may include, but shall not be limited to, provisions for the housing of such animals.

The provisions of this section shall not apply to an owner or person possessing a domesticated show or pet cat registered with a nationally or internationally recognized breeding association or registry which certifies the pedigree and registration of such cats to be without any wild felid parentage for a minimum of three generations.

SECTION 2. Section 90 of said chapter 131, as so appearing, is hereby amended by inserting after the tenth paragraph the following paragraph:- Whoever violates any provision of section seventy-seven A shall be punished by a fine of not less than one hundred nor more than five hundred dollars.

Signed into law January 10th, 1994.

MICHIGAN

========================================

Michigan Department of Natural Resources, Wildlife Division


A Permit To Hold Wildlife In Captivity does not authorize the possession of threatened or endangered species, which includes a number of birds and the following mammals: cougar, gray wolf, Indiana bat, least shrew, lynx, marten, woodland caribou, and wolverine. It is unlawful to possess, transport, buy, sell, import, or export any of these animals without a Threatened/Endangered Species Permit. For more information, contact: Endangered Species Coordinator, DNR, Wildlife Division, Box 30444, Lansing, Michigan 48909-7944, telephone (517) 373-1263. {page 2 of PERMITS TO HOLD WILDLIFE IN CAPTIVITY}


Dr. Harry Michael Chaddock

Division Director & State Veterinarian
Michigan Department of Agriculture
Animal Industry Division
P O Box 30017
Lansing, MI 48909

Tel Nr: (517) 373-1077
Fax Nr: (517) 373-6015

Packages:

Animal Industry Division
611 N. Ottawa, Fourth Floor
Lansing, MI 48933

 

MINNESOTA

===========================================

Received April 15, 1996

There is no single state code regulating hybrids; their legal status is derived from various general wildlife statutes. Coyotes are an unprotected species in Minnesota; they may be taken and possessed at any time, with few restrictions. The possession of live coyotes is legal in Minnesota.


Michael DonCarlos Furbearer/Wildlife Depredation"

Received June 5, 1996
"The Minnesota Department of Natural Resources, Enforcement Division, is in receipt of your letter regarding the regulations covering the timber wolf and hy-breds (sic). The timber wolf is protected by federal law, not state.


Nancy Huonder

Information Officer II

Division of Enforcement

Dept. of Natural Resources

 

MISSISSIPPI

Regulations regarding the ownership of exotic animals took effect in Mississippi in late 1997.

 

The governing board is:  Ms. Dept. of Wildlife & Fisheries, P.O. Box 451, Jackson, MS  39205-0451

 

The primates which fall under these regulations are:  GIBBONS, ORANGUTANS, CHIMPANZEES, SIAMANGS, GORILLAS, MACAQUES, MANDRILLS & BABOONS.

 

There is a fee of $150.00 a year for each primate you have, and you must be 21 or over to own an exotic.  There are additional fees for exhibition.  Whether private or exhibited, you must carry 100,000 liability insurance on each animal.  Each animal must have an I.D. Microchip.  Health records must be maintained and available for inspection.

 

Housing requirements are specific to the species and very detailed, covering such things as entrance doors, gauge of fencing, minimum square footage, food and water availability, den boxes, climbing and / or perching apparatus, enrichment apparatus and waste removal.

 

Inspections are made regularly and penalties are stiff for escape and/or capture.

 

MISSOURI

As of September 1st, 1996, there are no state laws concerning primate ownership. All species of monkeys are legal.

Here are the city and county laws that I know of:

CITY OF ST. LOUIS - Primate ownership is illegal

ST. LOUIS COUNTY - You must obtain a Non-Domestic Animal License from the St. Louis County Dept. of Health. The permit is $25 yearly and an inspector will come to view your cage to make sure it is of adequate size. You must have $100,000 worth of liability insurance on your home owners policy, locks on cage doors, and "Caution, Monkey May Bite" signs clearly posted on the cage. You can contact the D.O.H at:

St. Louis County Department of Health

4100 Seven Hill CT.

Florissant, MO 63031

314-831-6500

MONTANA

===========================================

MONTANA DEPARTMENT OF FISH, WILDLIFE AND PARKS

REPORTING AND TATTOOING OF BEARS, WOLVES, TIGERS, MOUNTAIN LIONS, AND COYOTES CAPTURED OR HELD IN CAPTIVITY

12.6.1901 DEFINITIONS

For purposes of this rule the following definitions apply:

(1) "Bear" means a member of any species of the genus Ursus.

(2) "Coyote" means a member of the species Canis latrans, including any canine hybrid which is one-half or more coyote.

(3) "Mountain lion" means a member of the species Felis concolour.

(4) "Tattoo means a permanent tattoo or other permanent identification approved by the department.

(5) "Tiger" means a member of the species Felis tigris.

(6) "Wolf" means a member of the species Canis lupus, including any canine hybrid which is one-half or more wolf.

12.6.1902 REPORT OF CAPTURE OR CAPTIVITY-PENALTY

(1) Any person who captures alive for release at a later time, or who holds in captivity for any purpose, any bear, coyote, mountain lion, tiger or wolf, must report the capture or captivity to the department, in accordance with forms prescribed by the department, within 3 days of the capture or commencement of captivity.

(2) Failure to report as provided by subsection (2) (a) is a misdemeanor punishable as provided in 87-1-102, MCA.

(3) Any person holding a bear, coyote, mountain lion, tiger or wolf in captivity shall immediately report to the department any death, escape, release, transfer of custody or other disposition of the animal.

12.6.1903 TATTOOING

(1) Except as provided in ARM 12.6.903 (5), each animal reported as required by ARM 12.6.1902 shall be permanently tattooed with an identifying number assigned by the department, within 15 days after the assignment of the number.

(2) Assigned numbers shall be tattooed on the inside of the left thigh, 6 inches or less from the abdomen. The tattoo shall be indelible and read from left to right as viewed from the animal's feet. Numbers or letters shall be no less than 3/8 inch in height on coyotes and 1/2 inch in height on bear, mountain lions, tigers and wolves.

(3) No tattoo is required by this subsection with respect to an animal subject to a permanent individual identification process by a state or federal agency.

(4) The tattoo shall be certified by either a veterinarian or a department employee.

(5) The department may permit ear tags or ear tattoos to be used as permanent identification of animals born and kept in captivity if the owner or breeder certifies to the department that the animals are intended to be slaughtered for their pelage prior to the age of one year. Any animals identified with ear tags or ear tattoos that are not slaughtered prior to the age of one year must be reported and tattooed as provided in ARM 12.6.1902(1) and 12.6.1903(1) respectively.

12.6.1904 FEES

The fee for reports to the department under ARM 12.6.190 is:

(1) $10 for each animal, except that multiple young born in captivity may be registered as a single animal if the owner or breeder certifies to the department that the animals are intended to be slaughtered for their pelage prior to the age of one year;

(2) if six or more animals (other than multiple young born in captivity) are reported at the same time, $10 each for the first five animals, and thereafter $5 per animal, not to exceed a total of $200.

12.6.1905 EXCEPTIONS

The requirements of ARM 12.6.1901 through 12.6.1904 do not apply with respect to those animals:

(1) captured and released as part of an ongoing game management program or an ongoing predator control program unless the animals have been involved in killing livestock; or

(2) captured and released as part of a scientific, educational or research program as certified by the department.

 

NEBRASKA

===========================================

NEBRASKA GAME & PARKS COMMISSION as of 1987

37-713 Wild birds or animals; keeping in captivity; permit required; exceptions; terms; defined; rules & regulations.


(1) No person SHALL keep in captivity in this state (Nebraska) any wild birds or animals without first having obtained a permit to do so as provided by section 37-714 or 37-715.


(3) Except as provided in subsection (4) of this section, no person SHALL keep in captivity in this state (Nebraska) any wolf, skunk, or any member of the families Felidae and Ursidae. This subsection SHALL not apply to


(a) the species Felis domesticus,

(b) any municipal, state, or federal zoo, park, refuge, or wildlife area,

(c) any bona fide circus or animal exhibit, or

(d) any person who holds a commercial game or fur farmer permit issued pursuant to section 37-715 and who raises Lynx canadensis or Lynx rufus solely for the purpose of producing furs for sale to individuals or businesses or for the purpose of producing breeding stock for sale to persons engaged in fur farming.

(4) Any person legally holding in captivity, on 01 March 1986, any animal subject to the prohibition contained in subsection (3) of this section shall be allowed to keep the animal for the duration of its life. Such animal shall not be traded, sold, or otherwise disposed of without written permission from the Game and Parks Commission.


When contacted, the Parks and Game personnel told our Task Force members that, in Nebraska, it is illegal to own any endangered exotic animal and that other exotics (non-threatened) are only allowed if the owner has a permit. They also noted that a permit is required to transport these animals across state lines. However, in Nebraska all animal-related laws are enforced on a 'complaint only' basis.

 

NEVADA

For a full review on the legislation go to: 

Proposed Exotic Animal Ordinance

Wild Animal - Exhibited & Not Exhibited
General Information:
Title 7, Chapter 38, of the City Code contains the provisions for obtaining and maintaining a wild animal permit.

Persons applying for a city of Las Vegas wild animal permit shall complete a wild animal permit application. A $25.00 fee shall be collected at the time the application is submitted. Wild animal permits can be approved or disapproved by the animal regulation officer or his designee only. An impound and boarding fee will also be collected when necessary.

A wild animal permit is required for the following animals:

• All monkeys and primates (excluding humans)

• Wolves and Hybrid Wolves

• Skunks / Raccoons

• All cats (except domestic house cats)

• Ferrets

• Tigers

• All snakes over 8 feet long

• Lions

• Bears

• Coyotes

• Foxes

• All venomous reptiles

Any other exotic/wild animals required to be permitted by the Animal Regulation Officer.

Animals excluded from wild animal permits are:

 

• Any indigenous,
non-venomous reptile,
including iguanas

• Gerbils

• All non-venomous snakes
  under 8 feet

• Mice

• Guinea Pigs

• Birds

• Ground squirrels

• Chinchillas

• All domestic dogs and cats

• Hamsters

• All fish

• Rats

• Falcons/Falconers with State Wild Life Permit

 

 

• Spiders

• Insects

• Scorpions

 

 

NEW HAMPSHIRE

In New Hampshire, as of 1992 it is illegal to keep a monkey as a pet. Those that have a sales proof of obtaining their monkey before that date, are allowed to keep them. To exhibit or to import a monkey in the state of New Hampshire, you have to have a permit. So, if you are traveling through the state with your monkey, please make sure to obtain a permit.

 

NEW JERSEY

===========================================

Captive Game Animal and

Game Bird Regulations

(N.J.A.C. 7:25-10)

SUBCHAPTER 10. POSSESSION, PROPAGATION, LIBERATION, SALE AND IMPORTATION OF GAME ANIMALS AND GAME BIRDS

7:25-10.1 Scope

This subchapter shall constitute the rules governing the possession, propagation, liberation, sale and importation of game mammals and game birds pursuant to N.J.S.A. 23:3-28 through 39.

7:25-10.2 Construction

This subchapter shall be liberally construed to permit the department to discharge its statutory functions.

7:25-10.3 Purpose

This subchapter is promulgated to regulate the possession, propogation, liberation, sale, and importation of game mammals and game birds through a permit system, with conditions associated therewith, to be issued at the discretion of the division.

7:25-10.4 Definitions

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.

"Department means the New Jersey Department of Environmental Protection.

Division means the Division of Fish, Game and Wildlife or its successor within the Department of Environmental Protection.

Director means the Director of Fish, Game and Wildlife or his successor within the Department of Environmental Protection.

Game animal means any mammal for which a legal hunting or trapping season has been established in New Jersey, identified in this subchapter, or designated a game animal by the Fish and Game Council in the annual game code.

"Person shall include, but is not limited to, corporations, companies, associations, societies including nonprofit organizations, firms, partnerships, joint stock companies, individuals, and governmental entities.

7:25-10.5 Permit required

(a) Except as hereinafter provided, no person shall have in possession any game animal or game bird unless that person has first received a permit from the division. The permit form and permit application form shall be prescribed by and be obtainable from the division.

(b) No person shall liberate within this state any game animal or game bird unless that person has first received a permit therefor from the division.

(c) No person shall import into this state any game animal or game bird unless that person has first received a permit therefor from the division.

(d) The permit requirement pursuant to this section shall not apply to game animals and game birds legally taken or killed pursuant to the general hunting and fishing license statutes, N.J.S.A. 23:3-1 through 22, and during the season therefor.

7:25-10.6 Game animals and game birds for which a permit is required for possession

(a) A permit shall be required for possession of game animals including the following mammals:

    1 through 17 Omited

    18. Coyote (Canis latrans);

    19. Black bear (Ursus americanus);

    20. Bobcat (Felis rufus);

    21. White-Tailed deer (Odocoileus virginianus)

(b) A permit shall be required for possession of the following game birds: Omitted (c) The division may issue a permit for the possession of the mammals or birds listed in (a) and (b) above provided the applicant has satisfactorily met the criteria contained within N.J.A.C. 7:25-10.8.

7:25-10.7 Categories of permits, expiration, fees, sales receipt required, records and reports required

(a) The division, when it appears to be in public interest, may issue the following permits:

    1. "Individual Hobby may be issued to persons holding game animals or game birds for hobby purposes or as pets;

    2. Scientific Holding may be issued to persons holding game animals or game birds for scientific observation, captive breeding attempts and other scientific or educational study;

    3. "Zoological may be issued to private and public institutions which exhibit game animals or game birds and for possession, importation, exportation, and sale of species listed in the permit; 4. Propagation and Sales may be issued to persons engaged in the propagation and/or sale of game animals or game birds for importation, and exportation of species listed in the permit;

    5. "Animal Exhibitor may be issued to exhibitors of game animals or game birds other than zoos, including traveling exhibits, small exhibitions not qualifying as zoos, and circuses;

    6. "Animal Theatrical Agency" may be issued to persons owning game animals or game birds to be used for advertising, acting, or theatrical appearances, permitting importation, exportation, and sale of species listed in the permit;

    7. "Fur Farming" may be issued to persons engaged in the business of fur farming the species listed at N.J.A.C. 7:25-10.6(a)7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 20; and

    8. Cooperator may be issued to persons who are deemed qualified by the division under the criteria set forth in the most current edition of the "Cooperator's Manual or, in the absence of such manual, based on the need as determined by the division to rear orphaned juvenile wildlife species and rehabilitate injured wildlife species listed under N.J.A.C. 7:25-10.6(a) and (b). Persons issued this permit must also maintain applicable federal permits where required.

(b) All possession permits shall expire on December 31 of the year of issue.

(c) The license fee for each permit shall be $5.00 plus a $2.00 non-refundable processing fee for a total cost of $7.00; provided, however, that there shall be NO fee for the cooperator permit.

(d) All permits must be displayed in a prominent place. The sale of game animals or game birds to any person must be accompanied by a Game Animal or Game Bird Sales Receipt, the form of which shall be prescribed by and obtainable from the division, and which shall serve as a temporary possession permit for a period of 20 days after the date of sale.

(e) Propagation and sales dealers shall submit to the division an annual inventory of acquisitions, sales, and exchanges upon expiration or renewal of their permits.

(f) Zoological, Exhibitor, Theatrical, and Cooperator permit holders must submit quarterly reports of births, deaths, acquisitions, and disposals.

(g) Periodic inspections may be made by division-designated personnel and shall consist of examination of game animal or game bird, their food, facilities, holding pen and exhibit area, and a review of relevant records pertaining to these species.

(h) Animal exhibitors and animal theatrical agencies shall notify the division no less than two weeks prior to any scheduled activity in New Jersey covered by their permits in order to allow inspection of the activity by division personnel.

7:25-10.8 General possession criteria

(a) Prior to the issuance of any permit under this subchapter, the applicant shall, on forms provided by the division, demonstrate that:

    1. The origin of the animal is not from the wild stock of this state or any other state except where authorized by the division for rehabilitation or scientific purposes;

    2. The animal will be fed an adequate diet;

    3. The animal is housed or caged in a manner that:

      i. Allows the animal to perform the normal behavior patterns of its species; and

      ii. Prevents disease, liberation, or accidental injury to the animal and the public;

    4. The method of acquisition did not violate the laws and regulations of this state, any other state, or the federal government;

    5. Competent and adequate licensed veterinary services for the care and treatment of the animal are readily available; and

    6. The animal is free of infectious diseases and parasites which may be dangerous to the animal, livestock or people of the State.

The division may request certification from a licensed New Jersey veterinarian or a person recognized as qualified by the director to make such certification that the animal for which the permit is being sought is free from infectious diseases and parasites.

7:25-10.9 Emergency possession

(a) Persons may temporarily possess without permit a game animal or game bird, other than a potentially dangerous species defined at N.J.A.C. 7:25-10.10, which is orphaned, injured, or displaced provided that:

    1. The division law enforcement office of jurisdiction, DEP Emergency Hotline, or the Wildlife Control Unit is notified of such emergency possession within 12 hours of acquisition;

    2. The Division Wildlife Control Unit reviews the case for the purpose of prescribing a course of action that is in the best interest of the animal or bird so possessed; and

    3. The emergency possession of the game animal or game bird does not violate any local ordinances or requirements.

    4. Contact phone numbers for cases of emergency possession are as follows: i. Northern Region Law Enforcement Office (201) 735-8240; ii. Central Region Law Enforcement Office (201) 259-2120; iii. Southern Region Law Enforcement Office (609) 629-0555; iv. DEP Emergency Action Hotline (24 hours) (609) 292-7172; and v. Wildlife Control Unit (201) 735-8793.

(b) The game animal or bird held without a permit therefor shall be surrendered upon demand by the division.

7:25-10.10 Potentially dangerous species

(a) Potentially dangerous species" is defined as any game animal or game bird which, in the opinion of the division, is potentially capable of inflicting serious or fatal injuries, of being an agricultural pest, of being detrimental to existing or future wild populations, or of being a menace to public health, including, but not limited to, the following:

    Order Family Carnivora Canidae - Nondomestic dogs Ursidae - Bears

    Artiodactyla Felidae - Nondomestic cats Cervidae - Deer

(b) The division, in its discretion, may issue a permit for possession of a potentially dangerous game animal or game bird only after a clear showing that the criteria for the possession of such potentially dangerous game animal or game bird have been met.

7:25-10.11 Criteria for the possession of potentially dangerous species

(a) In addition to the general criteria enumerated in N.J.A.C. 7:25-10.8, every person applying for a permit to possess potentially dangerous species shall meet each of the following criteria to the satisfaction of the divison:

    1. Education and background: Persons wishing to apply for a permit to possess a potentially dangerous species must have extensive experience in maintaining the species desired or related species;

    2. Knowledge: Persons wishing to apply for a permit to possess potentially dangerous species must demonstrate a working knowledge and expertise in handling and caring for each of the species desired;

    3. Other licenses and permits: Persons applying to possess potentially dangerous species must obtain, in addition to New Jersey Captive Game Animal or Game Bird Permit, all other applicable permits covering the possession of such species. Any permit issued for the possession of such animal by the division shall not exempt an applicant from compliance with any other law of the State, or subdivision of the State, any municipality, or the Federal government, regarding construction necessary to house the animal, or other local requirements;

    4. Purpose and intent: Persons applying to possess potentially dangerous species must submit a written statement of the purpose and intent of keeping the species;

    5. Housing and feeding: Persons applying for a permit to possess a potentially dangerous species must supply a written description of the housing and caging facilities for the species required including a summary detailing a continuous source of food appropriate for the specific diet of the animals. Facilities must be constructed to prevent the possible escape of the animal. Division personnel may inspect the completed facilities to determine if the facilities are suitable for the game animal or game birds; and

    6. Protection of the public: The housing facilities must also be constructed to prevent public access to, and contact with, the animal. The potentially dangerous species may not be kept as a household pet except when compelled by the infancy of the animal. The public must not be allowed access to the animal, including animals used for exhibition purposes.

7:25-10.13 Miscellaneous provisions

(a) Any person who transfers possession, as distinguished from ownership, or location of any game animal or game bird for which a permit has been issued, shall, within 48 hours, report in writing to the division exactly which animal(s) was transferred, the name and address of the person to whom the animal(s) was transferred and the location to which the animal(s) was transferred. No transfer shall be permitted without prior written approval of the division of a potentially dangerous species as defined at N.J.A.C. 7:25-10.10.

(b) Any person, issued a permit, who violates or fails to continually conform to the criteria established for the issuance of his permit, shall be considered to have violated an express condition of the permit and shall be deemed to be in possession of the animal or bird without a permit. Permit violators shall be subject to prosecution for possession of the animal or bird without a permit, and may be subject to the penalty prescribed by the statute.

(c) No person shall acquire additional game animals or game birds under any one permit without prior written permission from the division. Progeny of permitted captive game animals or game birds are exempt from this requirement provided the permittee can biologically substantiate the increase in numbers from permitted captive game animals or game birds and reports the increase on the annual inventory report.

(d) As a condition of any permit issued under this subchapter the division may require the permitted game animal or game bird be quarantined for the period specified by the division.

(e) Any permittee shall allow division personnel, at any reasonable time, to inspect the housing facilities of the permitted species to determine compliance with the permit requirements and criteria.

(f) Nothing in this subchapter relative to the possession of Game Animals and Game Birds is intended to preempt any federal, state, or local requirement that is more stringent nor exempt any person from obtaining any permit required by these governmental entities.

For further information contact:

N.J. Division of Fish, Game and Wildlife CN 400 Trenton, N.J. 08625

If you have any questions, we are available at 609-292-9591.

(1996 GOW)


The Exotic and Nongame Species Possession Permit Program of NJ Reprinted from NJ DEP Information Packet The possession of animals always creates unavoidable and sometimes unique problems. 7. Animal Theatrical Agencies-issued to persons owning exotic or nongame species to be hired for advertising, acting, or theatrical appearances, including importation, exportation and sale of species listed.

 

NEW MEXICO

There are no specific laws concerning private or commercial ownership of primates in New Mexico. The only document legally required to bring in and privately maintain a primate in the state is an importation document, which is regulated by the state. The Game and Fish Department can interfere with ownership of a primate if this documentation does not exist and the animal is imported illegally - or if the animal is an endangered species. Illegal ownership comes to the attention of the Game and Fish Department only via reports from concerned neighbors of primate owners. The authorities are said to discourage importation of the larger primates, but do not regard importation of smaller primates as seriously. New Mexico's main concern with importing any exotic, non indigenous animal is the competition and crossbreeding that it may impose upon native wildlife. Primates being used in education and research are considered legal in the state as long as they will not be released as free-ranging animals. Temporary blanket permits are administered to traveling shows regardless of the primates involved or the care they receive.

 NEW YORK

Regulation is by the NY State Department of Environment Conservation - Fish and Wildlife - Special Licenses in Albany, NY and by the NY City Department of Health - Animal Affairs - Veterinary Public Health Services. The state requires that any pet primate not be on their NY State endangered animal list which is similar, but different, from CITES Appendix I. The city which includes the five boroughs has a ban on all primate ownership, requires that any pet not be an ape (chimpanzee, etc.. and I've been told that no exemptions are given for pet ape ownership).  State requires that all Centers of Disease Control and Federal Regulations be followed, which means the pet must be captive-bred and you maintain written proof all of its ancestors came to the US before October 1975. No permits/licenses/fees are required for pet primates in the State.  City has banned primate ownership.

North Carolina

===========================================

In NC you do not have to have a special permit for primates....the only permits needed are for native wildlife...contact the wildlife agency to confirm. There are several counties that don't allow primates however.

 

North Dakota

===========================================


To Whom It May Concern:

The following guidelines are required for individuals requesting to possess wolf or wolf-hybrids:

l. A Non-traditional Livestock License issued by the North Dakota Board of Animal Health.

2. Comply with North Dakota rules and regulations 48-12-01, specifically: A. Welfare section 48-12-01-15 B. Sub-Part A of the Code of Federal Regulations Title 9.

3. Must have official identification; each animal must be tattooed with indelible ink in the ear. The number to be used will be the Nontraditional livestock license number assigned.

4. The facilities will be inspected by a person authorized by the Board of Animal Health.

5. The facility must be constructed as to prevent escape i.e. double fence, buried fence, electric fence.

If you have any questions, feel free to contact this office.

36-01-08.1. Captive wildlife license Fee. The board of animal health may require a license for captive wildlife maintained within this state, The annual fee for a license for a bird species required to be licensed is five dollars. The maximum annual fees for bird species licenses to be paid by a person holding more than one bird species license is twenty-five dollars. The annual fee for a license for any other species required to be licensed is ten dollars. The maximum annual fees for nonbird species licenses to be paid by a person holding more than one nonbird species license is seventy-five dollars.

Source: S.L. 1993, ch. 356, $ l. Effective Date. The 1993 amendment to this section became effective April 20, 1993.

36-01-08.2. Mountain lions, wolves, and wolf hybrids held in captivity Identification required. Any person who keeps a mountain lion, wolf, or wolf hybrid in captivity must obtain an identification number from the board. The number must be tattooed in indelible ink inside the ear of the animal for permanent identification purposes.

Source: S.L. 1995, ch. 234, $ 2. Effective Date. This section became effective August 1, 1995.

36-01-08.3. Duties Evaluations Report. The board shall conduct performance evaluations of the state veterinarian and any assistant state veterinarians; review the short-term and the long-term role and mission of the board and its employees; review alternatives for the enhancement of, and the efficient delivery of, services provided by the board and its employees; and evaluate the consolidation and cooperation with the department of agriculture. The board shall

report to the governor and the legislative council before September 1, 1996, and each year thereafter.

Source: S.L. 1995, ch. 347, $ 12. Effective Date. This section became effective August 1, 1995.

(1996 Gaurdians of Wildlife)

 

 OHIO

Task Force member Sally Boysen has conducted a thorough survey of the entire state of Ohio. The results reveal the variation which exists from city to city (Appendix B2). In general, there is little mention of exotic animals in city codes and in no case is nonhuman primate ownership addressed.

OKLAHOMA

There is no statewide law in Oklahoma addressing the private ownership of primates and, though some of the 77 counties have ordinances which regulate exotic pets, none specifically mention nonhuman primates. At the time of this writing, the City of Oklahoma City is preparing an ordinance dealing with exotic pets and the officials have welcomed advice and information resulting from development of this White Paper from the American Society of Primatologists.

OREGON

===========================================

Oregon Department of Agriculture

Exotic Animal Permits Clerk

Livestock Health & Identification Division

503/986-4680 Fax: 503/986-4734

RE: Oregon Exotic Animal Permit

Oregon law requires the owners of exotic animals (which includes wolves and wolf crosses, and other hybrid exotics) in Oregon to have a permit for each species of exotic they hold. One requirement of the law is that the animal must be kept secure. It cannot run at large. Fencing requirements and recommendations are detailed in the packet. You must also meet any requirements of the city or county in which you live.

Failure to obtain the required permit is a Class B misdemeanor which carries a penalty of up to six (6) months in jail and/or $1,000 fine.

Included in the packet are 1) a summary of the exotic animal permit process, 2) copies of the Oregon laws and administrative rules concerning exotics, and 3) an exotic animal permit application.

To apply for an Oregon exotic animal permit, please complete the application form (including the name, address, and telephone number of the veterinarian who will provide routine care for your exotic) and return the original and one copy to this office with $20.00 filling fee. Keep one copy for your files.

The application will be forwarded to the appropriate Area Animal Health Veterinarian so he can schedule an inspection of your facility. After he approves the facility, a permit will be issued which is good for two years.

If you have any questions, please call the number above.

 


 

OREGON ADMINISTRATIVE RULES

CHAPTER 609, DIVISION 11 - DEPARTMENT OF AGRICULTURE

(Local Government Regulation)

609.205 Prohibitions against keeping of wild or exotic animals.

Notwithstanding the provisions of ORS chapters 496, 497 and 498 relating to wildlife, and ORS 609.305 to 609.335 and 609.992 relating to exotic animals, a city or county may prohibit by ordinance the keeping of exotic animals as defined in ORS 609.305. {1977 c.802 '3; 1985 c.437 '9}

(GENERALLY)

609.305 Definitions for ORS 609.305 to 609.335.

As used in ORS 609.305, 609.309, 609.319 to 609.335 and 609.992, "exotic animal" means: (1) Any lion, tiger, leopard, cheetah, ocelot or any other cat not indigenous to Oregon, except the species Felis catus (domestic cat); (2) Any monkey, ape, gorilla or other nonhuman primate; (3) Any wolf or any canine not indigenous to Oregon, except the species Canis familiaris (domestic dog); and (4) Any bear, except the black bear (Ursus americanus). {1985 c.437 '2}

609.309 Policy on exotic animals.

It is the policy of this state that the keeping of exotic animals be regulated so as to assure the health, welfare and safety of such animals and to assure the security of facilities in which they are kept, so as to avoid undue risk to the public. It is the policy of this state that such regulation place no more burden upon the keepers of exotic animals than is required to accomplish the purposes expressed in this section. {1985 c.437 '1}

609.310 (1963 c.217 '; repealed by 1977 c.802 '15}

609.315 Application of ORS 609.305, 609.309, 609.319, to 609.335, and 609.992.

Nothing in ORS 609.305, 609.309, 609.319 to 609.335 and 609.992 shall apply to: (1) A wildlife rehabilitation center operated under a valid permit issued by the Oregon State Fish and Wildlife Department pursuant to ORS chapter 497; or (2) A facility operated under a valid license issued by the United States Department of Agriculture pursuant to the federal Animal Welfare Act of 1970 (7 U.S.C. 2133) {1985 c.437 '8}

609.319 Permit required to keep exotic animal.

No person may keep an exotic animal in this state unless, before acquiring the animal, the person possesses, or has applied for and not been refused or have had revoked or suspended, a valid State Department of agriculture permit for such an animal issued pursuant to ORS 609.335. No person may keep an exotic animal in this state for more than 30 days after the expiration, revocation or suspension of such a permit. {1985 c.437 '3}

609.320 {1963 c.217 '2; repealed by 1977 c.802 '15}

609.329 Liability for escape.

Any person who keeps an exotic animal shall be liable for any costs incurred by any person, city, county or state agency resulting from the escape from custody of the animal. {1985 c.437 '5}

609.330 {1963 c.217 '3; repealed by 1977 c.802 '15}

609.335 Permits; rules; fee; revocation; warning.

    (1) The State Department of Agriculture shall issue permits for the keeping of exotic animals, as defined in ORS 609.305.

    (2) The department of Agriculture shall adopt reasonable rules for the issuing of permits to keep exotic animals and establishing conditions thereof. The conditions shall be directed toward assuring the health, welfare and safety of the animals and, where necessary, the security of facilities in which the animals are kept. The rules shall be no more restrictive upon keepers of exotic animals than is reasonably necessary to carry out the purposes of ORS 609.309 and subsection (1) of this section.

    (3) A separate permit shall be required for each species of animal kept. A permit shall be valid for a period of two years from the date of issue and may be renewed.

    (4) The Department may charge a fee for the issuance and for renewal of permits under this section. The fee shall not exceed $20 for each issuance or renewal.

    (5) The department may revoke a permit upon finding a violation of rules adopted under this section, or the department may issue a finding of violation and a warning to remedy the violation by a date certain. {1985 c.437 '7}

609.340 {1963 c.217 '4; repealed by 1977 c.802 '15}

609.350 {1963 c.217 '5; repealed by 1977 c.802 '15}

609.992 Penalties for ORS 609.319.

    (1) Violation of ORS 609.319 is a Class B misdemeanor.

    (2) In addition to and not in lieu of any jail sentence or fine it may impose, a court may require a defendant convicted under ORS 609.319 to forfeit any rights of the defendant in any exotic animal kept in violation thereof and to repay reasonable costs incurred by any person, city, state agency in caring for the animal prior to judgment.

    (3) When the court orders the defendant's rights in the exotic animal to be forfeited, the court may further order that those rights be given over to an appropriate person or agency demonstrating a willingness to accept and care for the animal or to the county or an appropriate animal care agency for further disposition in accordance with accepted practices for humane treatment of animals. This subsection shall not constitute or authorize any limitation upon the right of the person or agency to whom rights are granted to resell or otherwise make disposition of the animal. A transfer of rights under this subsection constitutes a transfer of ownership. {1985 c.437 '6}


In Oregon you need an exotic animal permit from the Oregon Department of Agriculture.

 

Contact person is June Volkman
phone: 503-986 4683
fax: 503-986-4734
Livestock Health & Identification Diviosn
Salem, Oregon 97310



You are supposed to apply before you get a primate. They send out a vet to inspect. He checks premises for appropriateness of housing for them. Safety for them and for others they may come in contact with. If you have them, cleanliness, odor, health etc. Also want to know the experience and education you've had with them.

The permit is renewable every 2 years. It costs $20.00 for 2 years per type of animal. If you had 100 primates it would be the same fee as you would pay for one.

Permit holders must also meet all requirements of the city or county in which the primate is to be kept.


No person may keep an exotic animal in this state unless, before acquiring the animal, the person possesses, or has applied for and not been refused or have had revoked or suspended, a valid State Department of agriculture permit for such an animal issued pursuant to ORS 609.335. Any person who keeps an exotic animal shall be liable for any costs incurred by any person, city, county or state.

 

PENNSYLVANIA

===========================================

Sorry ... we have no information for this state. If you find information about this state, please send it to us immediately

 

RHODE ISLAND

===========================================

State of Rhode Island - Rules & Regulations Governing Importation and Possession Native Wildlife, December 1995:


Domestic animals means animals, which through extremely long association with humans, have been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation, or other attributes of the species to an extent that makes them unique and distinguishable from wild individuals of their species.......Rule 5(C)


Exotic animals means animals not occurring naturally, either presently or historically, within the boundaries of the State of Rhode Island......Rule 5(E)

Hybrid means any animal which is a result of a domestic and wild animal cross breeding.Rule 5(F)

A permit to import into, receive or possess in this state native wildlife and hybrids thereof,......, shall be restricted to United States Department of Agriculture and American Association of Zoological Parks and Aquariums approved, zoos and research institutes or other USDA approved facilities.......Rule 8 Part 1.1


Poultry and Animal Health

Poultry and Animal Health.

H. Wesley Towers, Jr....................739-4811 Aquaculture

Bob Moore ..........................................739-4811 Exotic Pets

Bob Moore ..........................................739-4811 Interstate/International Regulations

Pat Yossick...............739-4811 Laboratory

JoAnn Davis.........................................739-4811 Rabies(animals only).

 

SOUTH CAROLINA

There are no permits required for ANYTHING in SC. He also contacted Doc from T.I.G.E.R.S (the institute of greatly endangered and rare species). Doc is the guy who owns and trained all of the animals for both "Ace Ventura" movies (He lives here in Myrtle Beach). He told me that there are no permits required for pet elephants or tigers or anything. You do need a USDA if you breed or use the animals for some commercial purpose.

SOUTH DAKOTA

===========================================


 

CHAPTER 40-3

STATE ANIMAL INDUSTRY BOARD

40-3-23. Definitions.

Terms used in this section and in '' 40-3-24 to 40-3-26, inclusive, mean:

    (1) "Animal," any mammal, bird, reptile, amphibian or fish, except humans;

    (2) "Captive nondomestic animal," any nondomestic animal or hybrid thereof held in man-made confinement or physically altered to limit movement and facilitate capture;

    (3) "Domestic animal," any animal that through long association with man, has been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation or other attributes of the species to an extent that makes it unique and different from wild individuals of its kind;

    (4) "Free-roaming animal," any animal not in captivity, other than a domestic animal; and

    (5) "Nondomestic animal," any animal that is not domestic.

Source: SL 1993, ch 311, ' 1.

40-3-24. Certain nondomestic mammals not allowed - Violation as misdemeanor.

No person may bring into this state or possess in the state any nondomestic mammal unless the mammal is allowed in the state pursuant to ' 4040-3-25. This section is effective on the date the rules promulgated pursuant to ' 40-3-25 are effective. Any violation of this section is a Class 2 misdemeanor.

Source: SL 1993, ch 311, ' 2.

Cross-references. Penalties for classified misdemeanors, ' 22-6-2.

Commission Note. As of the date of publication of the 1995 Pocket Supplement, no rules had been promulgated to ' 40-3-25

40-3-25. Promulgation of rules for bringing nondomestic mammals into state.

The animal industry board shall promulgate rules pursuant to chapter 1-26 to allow to be brought into the state any nondomestic mammals which the board determines would be safe to the public and to the free-roaming animals of the state. Before such rules may be adopted, the animal industry board shall consult with the game, fish and parks commission.

Source: SL 1993, ch 311. ' 3.

40-3-26. Rules regulating breeding, raising, marketing, and transportation of certain captive nondomestic animals.

The animal industry board shall, by rules promulgated pursuant to chapter 1-26, regulate the breeding, raising, marketing and transportation of any captive nondomestic animal of the mammalia class and the products thereof which is allowed in the state pursuant to ' 40-3-25. The rules may provide the following:

    (1) Require a permit of any person possessing such animals;

    (2) Prescribe the application procedures for a permit;

    (3) Require a legal description of the premises where such animals are held;

    (4) Require an inventory of such animals at the time of application and require reports to provide for the continual accounting of such animals and their offspring;

    (5) Require the marking of such animals for identification purposes;

    (6) Require facilities and procedures to ensure such animals to be confined from free-roaming animals;

    (7) Establish facility requirements and procedures for identification and inspection of such animals by the board;

    (8) Establish the grounds for denial, suspension or revocation of a permit and for the seizure and disposition of any unlawfully held animal; and

    (9) Establish a fee for a permit which may not exceed one hundred dollars.

Source: SL 1993, ch 311. ' 4.

 


 

CHAPTER 12:68:18

NONDOMESTIC ANIMAL CONTROL

12:68:18:01. Importation on nondomestic animals.

The provisions of SDCL 40-14-2 apply to imported nondomestic animals

Source: 10 SDR 61, effective December 18, 1993; 12 SDAR 128, 12 SDR 154, effective July 1, 1986; 16 SDR 40, effective September 3, 1989.

General Authority: SDCL 40-3-14, 40-5-8.6

Law Implemented: SDCL 40-5-8

12:68:18:02. Change of ownership test. Repealed.

Source: 10 SDR 61, effective December 18, 1983; 10 SDR 123, effective May 20, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 16 SDR 40, effective September 3, 1989.

12:68:18:03. Permit required.

A permit from the board is required to import nondomestic animals. In addition, a permit as described in ' 12:68:18:03 is required to possess in South Dakota any nondomestic mammal, or any of its hybrids, listed in this section:

    (1) Of the Carnivora, all nondomestic members of the following families:

      (a) Felidae;

      (b) Canidea;

      (c) Ursidea;

      (d) Mustelidae; and

      (e) Hyaenidae;

    (2) Of order Artiodactyla, all nondomestic members; and

    (3) Of the order Perissodactyla, all nondomestic members of the following families:

      (a) Tapiridae; and

      (b) Rhinocerotidae.

Source: 10 SDR 61, effective December 18, 1983; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 16 SDR 40, effective September 3, 1989; 18 SDR 55, effective September 23, 1991, 20 SDR 96 effective December 31, 1993.

General Authority: SDCL 40-3-14, 40-3-25, 04-3-26, 04-5-8.6

Law Implemented: SDCL 40-3-24 to 40-3-26, 40-5-8 Cross-Reference: Types of permits -- Fees, 12:68:03.03

12:68:18:03.1. Specifically prohibited nondomestic mammals.

The board may issue only a temporary permit or zoo permit for possession of the following nondomestic mammals or any of their hybrids. Possession of these mammals is otherwise specifically prohibited:

    (1) Of the family Suidae, all nondomestic members; and

    (2) Of the family Canidae, genus Nyctereutes, species procyonoides (raccoon dog).

A person possessing before December 31, 1993, a nondomestic mammal listed in this section may not translocate, purchase additions, or market the mammal within South Dakota. A person possessing such a mammal must quarantine the mammal and must obtain a grandfather permit until the mammal is disposed of.

Source: 20 SDR 96, effective December 31, 1993.

General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6

Law Implemented: SDCL 40-3-24 to 40-3-26, 40-5-8.

Cross-Reference: Types of permits -- Fees, 12:68:18:03.03.

12:68:18:03.02. Specifically restricted nondomestic mammals - Omitted

12:68:18:03.03. Types of permits -- Fees.

The board shall issue the following permits to persons who meet the requirements of this chapter and pay the required fee:

    (1) Entry permit (no fee) - a permit allowing importation of captive nondomestic animals into South Dakota which may be granted by telephone;

    (2) Temporary permit ($10) - a permit issued to an individual to possess for not more than 14 days a captive nondomestic mammal specifically prohibited in '12:68:18:03.01 or restricted in '12:68:18:03.02;

    (3) Grandfather permit ($10 an animal to a maximum of $100) - a permit issued to an individual who possesses before December 31, 1993, mammals prohibited in '12:68:18:03.01 or restricted in '12:68:18:03.02;

    (4) Dealer auction permit ($100) - an annual permit issued to an individual or group solely for the purpose of brokering, leasing, purchasing, or selling mammals listed in this chapter whether or not a fee or other compensation is charged for such services;

    (5) Possession permit ($10 an animal up to a maximum of $100) - a permit issued for the possession of mammals listed in this chapter for any reason other than the conditions described in subdivisions (2), (3), and (4) of this section;

    (6) Zoo permit ($10 an animal to a maximum of $100) - a permit issued to nonprofit exhibitors of nondomestic mammals. A zoo permit allows the possession of any class of nondomestic mammals. The board may approve the permit if it determines that facilities are adequate for confinement.

Source: 20 SDR 96, effective December 31, 1993.

General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6

Law Implemented: SDCL 40-3-24 to 40-3-26.

12:68:18:03.04 Application for permit.

The board shall provide application forms for all permits required by this chapter. an application must be submitted to the board before the applicant may possess any of the mammals listed in '12:68:18:03. The permit application must contain all information required in '12:68:18:06. The board shall issue the permit if the following requirements are met:

    (1) The required fees are received;

    (2) Grounds for denial as listed in '12:68:18:09 do not exist; and

    (3) The board determines that the facilities and procedures as described in the application are adequate for compliance with this chapter and to provide for the safety of other animals and humans.

Source: 20 SDR 96. effective December 31, 1993.

General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.

Law Implemented: SDCL 40-3-24 to 40-3-26.

12:68:18:03.05 Release of permitted animal to the wild prohibited.

An animal possessed under authority of a permit issued under this chapter may not be released to the wild.

Source: 20 SDR 96, effective December 31, 1993

General Authority: SDCL 04-3-14, 40-3-25, 40-3-26, 40-5-8.6.

Law Implemented: SDCL 40-3-24 to 40-3-26, 40-5-8, 40-5-8.6.

12:68:18:03.06 Escapes.

An animal possessed under authority of a permit issued under this chapter must be continuously maintained within the confines of the permitted facility. The following procedures apply to animals that escape:

    (1) If an animal governed by this chapter escapes or otherwise exits the confines of the facility and is found to be free-roaming, the permittee must immediately notify the board;

    (2) An animal that escapes is immediately eligible for impoundment or destruction by the board in cooperation with the department of Game, Fish and Parks;

    (3) An animal that escapes is the property of the board, and the board shall determine the most expedient disposition of the impounded animal. Disposition may include return to the permittee or transfer to the Department of Game, Fish and Parks; and

    (4) Expenses incurred in the capture, impoundment, care of, and transfer of ownership of escaped animals at the time of escape are the permittee's responsibility. The permittee must pay such costs to the board before the board issues or renews any permits covered by this chapter.

Source: 20 SDR 96, effective December 13, 1993.

General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8, 40-5-8.6.

Law implemented: SDCL 40-3-14, 40-3-24 to 40-3-26, 40-5-8.

12:68:18:03.07 Free-roaming wildlife. - Omitted

12:68:18:03.08 Testing for purity of species.

At the request of the board, a person possessing an animal by permit under this chapter must present the animal in a confined area, individually restrained, for identification and testing for purity of species. Testing for purity may include all animals permitted or a percentage, as determined by the board in consultation with the Department of Game, Fish and Parks.

Source: 20 SDR 96, effective December 31, 1993.

General Authority: SCDL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.

Law Implemented: SCDL 40-3-24 to 40-3-26, 40-5-8.

12:68:18:04 Testing of nondomestic ruminant animals. - Omitted

12:68:18:05 Nondomestic birds. - Omitted

12:68:18:06 Annual application required.

A person possessing captive nondomestic mammals listed in '12:68:18:03 to 12:68:18:03.02, inclusive, must apply for a permit for captive nondomestic animals annually from the board by January 1. The permit application shall include the following information:

    (1) The applicant's name, mailing address, and phone number;

    (2) The legal description of the premises where the animals are held;

    (3) An inventory by species, age, and sex of al mammals covered by this permit at application time;

    (4) A listing a of all mammals added to the premises within the past 12 months and of all disappearances of mammals within the past 12 months, including purchases, sales, leases, gifts, deaths, and escapes. The list must include individual identification of all such mammals by either legible tattoo or eartag as defined in '12:68:18:07, by similar tag, or by electronic means; and

    (5) A description of facilities used for confining animals for such purposes as testing and identification.

Source: 19 SDR 39, effective September 24, 1992; 20 SDR 96. effective December 31, 1993.

General Authority: SDCL 40-3-14, 40-5-8.6

Law Implemented: SDCL 38-1-41, 40-3-14, 40-5-8.6

12:68:18:07 Reporting requirements.

A permit holder under '12:68:18:06 must maintain records of all additions and disappearances of animals covered by the permit requirements. All such records must be made available to the board at the request of the board. The records must include the individual identification by legible tattoo or official eartag as defined in 9 C.F.R. '71.1 (January 1, 1991), by a similar tag, or by electronic means and the name and address of all parties involved in transactions of sale, purchase, lease, loan, gift, or translocation.

Disappearances by death or escape, and any diseased animal must be reported to the board by telephone or in writing immediately. The permittee must have any animals that die autopsied at the official diagnostic laboratory for the board if requested to do so by the board. The permittee is responsible for all expenses of transporting the animals to the laboratory.

Source: 19 SDR 39, effective September 24, 1992; 20 SDR 96, effective December 31, 1993.

General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6

Law Implemented: SDCL 38-1-41, 40-3-14, 40-3-24 to 40-3-26, 40-5-8.6

12:68:18:08. Identification and inspection of captive nondomestic animals.

At the request of the board, persons possessing animals listed in ' 12:68:18:06 must present animals in a confined area, individually restrained, for identification and inspection.

Source: 19 SDR, effective September 24, 1992.

General Authority: SDCL 40-3-14, 40-5-8.6

Law Implemented: SDCL 38-1-41, 40-3-14, 40-5-8.6

12:68:18:09. Grounds for denial, suspension, or revocation of permits for captive nondomestic animals.

Permits for possession of captive nondomestic animals may be denied, suspended, or revoked by the board for any of the following reasons:

    (1) Incomplete application;

    (2) Incorrect application information;

    (3) Incorrect records;

    (4) Not presenting animals for identification at the request of the board;

    (5) Violation of any part of '' 12:68:18:06 to 12:68:18:08, inclusive; and

    (6) Violation of any lawful order of the board pursuant to SDCL 40-5-8 to 40-5-8.6, inclusive, or 40-5-9.

Source: 19 SDR 39, effective September 24, 1992.

General Authority: SDCL 40-3-14, 40-5-8.6

Law Implemented: SDCL 38-1-41, 40-3-14, 40-5-8.6

 

TENNESSEE

===========================================

The rules set by the Tenn.


Tennessee Wildlife Resources Agency Captive Wildlife Laws:

 

Personal possession permit means a noncommercial type permit issued to private citizens for ownership or possession of non breeding animals in small numbers. 70-4-402(9)

 

Persons legally possessing Class I wildlife prior to 25 June 1991 shall obtain annually a personal possession permit .....and shall comply with all of the provisions of this part. {Please send for a copy of these rules as they are too numerous to list.} After 25 June 1991 no new animals shall be brought into possession under authority of a personal possession permit.70-4-404(c)(1)


No person shall possess Class 1...........Class I wildlife means this class shall include all species inherently dangerous to humans. These species may only be possessed by zoos, circuses and commercial propagators, except as otherwise provided in this part. The following is a listing of animals considered inherently dangerous: (A) Mammals: (i) Primates-Gorillas, orangutans, chimpanzees, Macaques, Capuchins...etc; (ii) Carnivores: (a) Wolves-All species; (b) Bears-All species; and (c) Lions, tigers, leopards, jaguars, cheetahs, cougars-All species.......70-4-403(1)(A)(i&ii)

 

Any person who keeps Class I wildlife shall be liable for any costs incurred by any person, city, county or state agency resulting from the escape from captivity of the animal(s) 70-4-406(a)

 

Hybrids resulting from the cross of two Class I species shall be considered Class I. 1660-1-18-.03(1)(a)


Hybrids involving two species from different Classes of animals shall be regulated as a member of the least restrictive Class involved, unless otherwise specified. Rule 1660-1-18-.03(5)

SEARCH WARRANTS

You have the right to look at a search warrant that a law enforcement officer is getting ready to serve and enforce. Read the sections below and familiarize yourself with what constitutes a legal search warrant.

1. It must have been issued and signed by a magistrate.

2. The signature must be in black ink.

3. It must contain the court seal.

It must state what is being sought and where with specificity, not general terms.

 Tennessee Code Annotated 40-6-101 through 107, 39-16-602, Art. 1, 7 of the Tennessee State Constitution and Amendment IV, of the United States Constitution govern search warrants.

 Tennessee Code Annotated:

 40-6-101. Definition. - A search warrant is an order in writing in the name of the state, signed by a magistrate, directed to the sheriff, any constable, or any peace officer of the county, commanding him to search for personal property, and bring it before the magistrate.

 

40-6-102. Grounds for issuance. - A search warrant may be issued on any one of the following grounds:

(1) Where the property was stolen or embezzled;

(2) Where it was used as the means of committing a felony;

(3) Where it is in the possession of any person with the intent to use it as a means of committing a public offense, or in the possession of another to whom he may have delivered it, for the purpose of concealing it, or preventing its discovery; and

(4) Any other ground provided by law.

 

40-6-103. Probable cause and affidavit. - A search warrant can only be issued on a probable cause, supported by affidavit, naming or describing the person, and particularly describing the property, and the place to be searched.

 

40-6-104. Examination of complainant. - The magistrate, before issuing the warrant, shall examine on oath the complainant and any witness he may produce, and take their affidavits in writing, and cause them to be subscribed by the persons making them; and the affidavits must set forth facts tending to establish the grounds of the applications, or probable cause for believing that they exist.

 

40-6-105. Issuance of Warrant. - If the magistrate is satisfied of the existence of the grounds of the application, or that there is probable ground to believe their existence, he shall issue a search warrant signed by him, directed to the sheriff, any constable, or any peace officer, commanding him forthwith to search the person or place named for the property specified, and to bring it before the magistrate.

 

40-6-106. Form of Warrant. - The warrant may be substantially in the following form:

 

State of Tennessee,

________________ County.

 

To the sheriff or any constable of said county:

Proof by affidavit having been made before me by A. B., that (stating the particular grounds of the application; or, if the affidavits are not positive, "that there is probable cause for believing that," stating the particular grounds of the application); You are therefore hereby commanded to make immediate search on the person of C.D. (or "in the house of E.F.," or "in the house situated," describing it, or any other place to be searched, with reasonable particularity, as the case may be) for the following property (describing it with reasonable particularity); and if you find the same, or any part thereof, to bring it forthwith before me at (stating the place). This ______________ day of _____________________, 19 _______. L.M., Magistrate

 

40-6-107. Return date. - A search warrant shall be executed and returned to the magistrate by whom it was issued within five (5) days after its date; after which time, unless executed, it is void; and all search warrants in this state may be executed either in the daytime or in the nighttime.

 

39-16-602. Resisting stop, frisk, halt, arrest, or search. - (a) It is an offense for a person to intentionally prevent or obstruct anyone known to the person to be a law enforcement officer, or anyone acting in a law enforcement officer’s presence and at such officer’s direction, from effecting a stop, frisk, halt, arrest, or search of any person, including the defendant, by using force again the law enforcement officer or another.

(b) Except as provided in 39-11-611, it is no defense to prosecution under this section that the stop, frisk, halt, arrest, or search was unlawful.

(c) A violation of this section is a Class B misdemeanor unless the defendant uses a deadly weapon to resist the stop, frisk, halt, arrest, or search, in which event violation is a Class A misdemeanor.

 

39-11-611. Self-defense. - (a) A person is justified in threatening or using force against another person when and to the degree the person reasonably believes the force is immediately necessary to protect against the other’s use or attempted use of unlawful force. The person must have a reasonable belief that there is an imminent danger of death or serious bodily injury. The danger creating the belief of imminent death or serious bodily injury must be real, or honestly believed to be real at the time, and must be founded upon reasonable grounds. There is no duty to retreat before a person threatens or uses force.

(b) Any person using force intended or likely to cause death or serious bodily injury within their own residence is presumed to have held a reasonable fear of imminent peril of death or serious bodily injury to self, family or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence, and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred.

(c) The threat or use of force against another is not justified if the person consented to the exact force used or attempted by the other individual.

(d) The threat or use of force against another is not justified if the person provoked the other individual’s use or attempted use of unlawful force, unless:

(1) The person abandons the encounter or clearly communicates to the other the intent to do so; and

(2) The other nevertheless continues or attempts to use unlawful force against the person.

(e) The threat or use of force against another is not justified to resist a halt at a roadblock, arrest, search, or stop and frisk that the person knows is being made by a law enforcement officer, unless:

(1) The law enforcement officer uses or attempts to use greater force than necessary to make the arrest, search, stop and frisk, or halt; and

(2) The person reasonably believes that the force is immediately necessary to protect against the law enforcement officer’s use or attempted use of greater force than necessary.

 

39-11-614. Protection of property. - (a) A person in lawful possession of real or personal property is justified in threatening or using force against another when and to the degree it is reasonably believed the force is immediately necessary to prevent or terminate the other’s trespass on the land or unlawful interference with the property.

 

(b) A person who has been unlawfully dispossessed of real or personal property is justified in threatening or using force against the other when and to the degree it is reasonably believed the force is immediately necessary to reenter the land or recover the property if the person threatens or uses the force immediately or in fresh pursuit after the dispossession; and:

(1) The person reasonably believes the other had no claim or right when the other dispossessed the person ; and

(2) The other accomplished the dispossession by threatening or using force against the person.

(c) A person is not justified in using deadly force to prevent or terminate the other’s trespass on real estate or unlawful interference with personal property.

 TRESPASSING 

Section 39-14-405 and the sections which follow deal with what constitutes criminal trespass and how to properly post "No trespassing" signs.

 Be sure to check with your county court clerk to see if you must file the "No Trespassing" notice. Otherwise, here are the basics:

 

1. The sign must be posted where it is in clear sight.

2. Anyone who comes onto the property and leaves when asked has not trespassed.

3. Some jurisdictions require that you sign the "No Trespassing" sign.

 BEWARE OF THE DOG SIGNS

 In more and more jurisdictions these days, courts are holding that a "Beware of the Dog" sign is an admission that your dog is a dangerous animal. At one point in time, I had one of these signs. Upon learning about this, I took the sign down. I didn’t want to give any more leverage to the other side than necessary. I discovered the "No Trespassing" signs were better.

 CONSTITUTIONAL BASICS

 1. The government at both the state and federal levels is divided into three separate branches. The executive which enforces the laws passed by the legislative branch. The legislative branch which writes and passes the laws. The judicial branch which hears disputes between parties. For one branch to usurp or engage in the powers of another branch is expressly forbidden by both state and federal constitutions. This can be interpreted to mean that an executive

 

TEXAS

The Task Force is currently conducting a very extensive county-by-county survey of the State of Texas. Of 253 counties surveyed, 198 responses have been received by the surveyors, Linda Brent and Amy Kessel. 91.4% of the responding counties had no regulations regarding ownership of nonhuman primates. Only for 7 counties and 3 cities do the regulations specifically mention "monkeys", "apes", "primates", or "nonhuman primates." Appendix B3 provides several examples of responses. The state requires a permit for certain species of animals (apes being the only primates on that list) - unless one has a USDA license. There are known to be many pet primate owners in the State of Texas and there are a large number of baby monkeys sold at exotic auctions.

UTAH

===========================================

It is illegal to have any primate in the state of Utah, as of June 5th, 2005

 

VERMONT

===========================================

 

Internal Security and Public Safety

Chapter 193 Domestic Pet or Wolf-Hybrid Control

Vermont Fish and Wildlife Department

 

3541(8) Wolf-hybrid means an animal which is the progeny or descendant of a domestic dog (Canis familiaris) and a wolf(Canis lupus or Canis rufus). Wolf-hybrid also means an animal which is advertised, registered, licensed or otherwise described or represented as a wolf-hybrid by its owner or an animal which exhibits primary physical and behavioral wolf characteristics. The commissioner of the department of fish and wildlife shall adopt a rule describing primary physical and behavioral wolf characteristics. June 15, 1994


3545(a) A person may kill a domestic pet or wolf-hybrid that suddenly assaults him or her or when necessary to discontinue an attack upon the person or another person provided that the attack or assault does not occur while the domestic pet or wolf-hybrid is restrained, within an enclosure containing the domestic pet or wolf-hybrid, or on the premises of the owner. June 15, 1994

3546(a-d) When a domestic pet or wolf-hybrid has bitten a person.....the legislative body, within 7 days from receipt of the complaint, shall investigate.....if the domestic pet or wolf-hybrid is found to have bitten the victim without provocation....disposed of in a humane way, muzzled, chained....if not a rabies suspect....if the animal is a rabies suspect the rules of the department of health shall apply. June 15, 1994


3550.....commissioner may impose a civil penalty of up to $500.00 per violation.......June 15, 1994


3581(a) A person who is the owner of a dog or wolf-hybrid more than 6 months old shall annually on or before April 1 cause it to be registered, numbered, described and licensed on a form approved by the commissioner for one year from that day in the office of the clerk of the municipality wherein the dog or wolf-hybrid is kept........(d)..........the dog or wolf-hybrid has received a current......rabies vaccination......approved by the commissioner.........April 1, 1995

3581a-e An owner of a domestic pet or wolf-hybrid shall have that animal inoculated against rabies by a licensed veterinarian in accordance with section 3581.....(b) No rabies vaccine may be used for domestic pets unless it is first approved by the commissioner..(c) Until the commissioner approves a rabies vaccine for use on wolf-hybrids, these animals shall be vaccinated with a vaccine approved by the commissioner for domestic dogs and a veterinarian inoculating a wolf-hybrid in accordance with this section shall not be liable for the failure of the rabies vaccine to protect the animal from rabies nor for any adverse reaction that may be attributable to the vaccination.......June 15, 1994


3590(a&b) The legislative body.....designate a person to maintain a list of dogs and wolf-hybrids owned or kept in their municipality ......owners shall be notified that unlicensed or uninoculated dogs or wolf-hybrids may be destroyed. April 1, 1995


It is suggested that you contact Vermont Fish & Wildlife Department for a complete listing of rules and regulations that are too numerous to list here. Also Regulation 1009 Physical & Behavioral Wolf Characteristics.

 

3590(a&b) The legislative body.....designate a person to maintain a list of dogs and wolf-hybrids owned or kept in their municipality ......owners shall be notified that unlicensed or uninoculated dogs or wolf-hybrids may be destroyed. April 1, 1995


It is suggested that you contact Vermont Fish & Wildlife Department for a complete listing of rules and regulations that are too numerous to list here. Also Regulation 1009 Physical & Behavioral Wolf Characteristics.

 

VIRGINIA

The State Game and Inland Fisheries regulates pet primates. They estimate about five times as many owners of pet primates as primate owners with USDA licenses. The state has a list of "acceptable" and a list of "undesirable" species. Some primates are in one category, some in the other. One may not own animals of an "undesirable" species without a state permit, but no such permit will be issued unless one also has a USDA license. Thus, many pet primate owners also obtain a USDA license by becoming pseudo-exhibitors. It is also illegal to own an endangered species as a pet (meaning no USDA license) but this is not strongly enforced. Fairfax County has an ordinance against pet primate ownership; however, the County has made two exceptions for the life of specific individual animals due to long-term relationships. These owners must renew their special permit yearly, so officials can monitor and ensure that no new primates are acquired when these animals die.

WASHINGTON

There is no statewide law regulating pet primate ownership in the state of Washington. These are covered instead by city or county ordinances. The City of Seattle has a Dangerous Animals bylaw, and chimpanzees are considered "dangerous." Therefore, in Seattle it is illegal to own a chimpanzee. King County has an exotic animal ordinance which states that all nonhuman primates are banned from the county (Appendix B4). Snohomish, Pierce, Thurston, and Kitsap Counties, on the other hand, do not have dangerous or exotic animal ordinances nor regulations. With no regulations, there are no records of who owns nonhuman primates. The only way one comes under regulation is if the primate is exhibited or used commercially, in which case a USDA permit is required.

Des Moines, Washington ( a city in Washington) bans monkeys as pets. 

Des Moines Municipal code

8.04.310 Wild or exotic animals, (1)  No person shall have, keep, or maintain, in an area of the city, a live monkey (nonhuman primate), lion, tiger, bear, cougar, mountain lion, badger, wolf, coyote, fox, lynx, or a poisonous reptile or serpent, or any other dangerous, carnivorous, wild, or exotic animal or reptile.

 

WEST VIRGINIA

===========================================

Sorry ... we have no information for this state. If you find information about this state, please send it to us immediately.

 

WISCONSIN

===========================================

Sorry ... we have no information for this state. If you find information about this state, please send it to us immediately

 

WYOMING

===========================================

Sorry ... we have no information for this state. If you find information about this state, please send it to us immediately

 

We have a few States missing so if your State is not represented , call your local Fish and Game Wildlife Department and ask them what specifications are needed in owning a primate in your area, and Please share them with all of us.  Thank You.

Copyright 1994 Monkeyzone.com All rights reserved.  We or our content providers own all of the content on our website, including text, customized graphics, photographs, data, images, audio, video clips and software.