Concerning this section, in an attempt to put together in one place the various state
 regulations pertaining to keeping and breeding exotic birds, it became apparent that the intentions of the various state laws are as different as the actualy wording. In some states the focus may be toward keeping out exotic animals which might escape and become naturalized; elsewhere the focus may be mostly towards protecting agriculture. The residents of other states may be permitted by statute to keep and care for certain native wild animals, or to have "Roadside Menageries." Some states have specific laws pertaining only to "dangerous quadrupeds" or the focus may be on fish or on reptiles.
Some sections of the regulations have been edited to leave out material which definitely doesn't pertain to keeping exotic birds, but in other cases I have left in the information so that the "flavor" of the law comes through.
Although this project is tedious, I am happily reminded of how different the parts of the country and the state governments are. And let us also remember, that we have a stake in the making of laws and regulations.
The sections for each state will include information useful to doing business in an individual state. Every attempt is being made to have up to the date and correct information in all sections of Clubs, Laws and Addresses; however, it should be understood that that this is intended to be a guide and should not be considered a true source for information. In all cases, please contact the clubs, agencies, bureaus and offices themselves for the most up to date and valid information. In some cases I have offered interpretations of state laws based on my understanding. Please contact authorities for a professional interpretation.
If you can add to or clarify any of this information, or if you find there are errors, please write to me. I will add more information as I can sort through it and as it becomes available.
linda.seger@att.net
Linda Seger
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| Nebraska NEB. REV. STAT. §37-477 - Certain animals kept in captivity; permit required; exceptions; rules and regulations
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NEB. REV. STAT. §37-477 - Certain animals kept in captivity; permit required; exceptions; rules and regulations.
(1) No person shall keep in captivity in this state any wild birds, any wild mammals, any nongame wildlife in need of conservation as determined by the commission under section 37-805, or any wildlife determined to be an endangered or threatened species under the Endangered Species Act or section 37-806 without first having obtained a permit to do so as provided by section 37-478 or 37-479.
(2) Except as provided in subsection (3) of this section, no person shall keep in captivity in this state any wolf, any skunk, or any member of the families Felidae and Ursidae. This subsection shall not apply to (a) the species Felis domesticus, (b) any zoo, park, refuge, wildlife area, or nature center owned or operated by a city, village, state, or federal agency, or (c) any person who holds a captive wildlife permit issued pursuant to section 37-479 and who raises Canada Lynx (Lynx canadensis) or bobcats (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 production.
(3) Any person legally holding in captivity, on March 1, 1986, any animal subject to the prohibition contained in subsection (2) 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 commission.
(4) The commission shall adopt and promulgate rules and regulations governing the purchase, possession, propagation, sale, and barter of wild birds, wild mammals, and wildlife in captivity.
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| Nevada |
NEV. ADMIN. CODE ch. 503, §140 - Species for which certain permits and licenses are not required: Specification; release; sale; exceptions.
1. Except as otherwise provided in subsection 4 and NAC 503.500 to 503.535, inclusive, the following animals may be possessed, transported, imported and exported without a permit or license issued by the division:
(a) Canaries;
(b) Toucans;
(c) Lovebirds;
(d) Nonindigenous house finches;
(e) Parakeets;
(f) Cockatiels;
(g) Mynah birds;
(h) Parrots;
(i) Hamsters;
(j) Domesticated races of rats and mice;
(k) Gerbils;
(l) Guinea pigs;
(m) Monkeys and other primates;
(n) Aquarium fish;
(o) Marsupials;
(p) Elephants;
(q) All felines, except mountain lions and bobcats;
(r) Wolves;
(s) Camels (Camelus spp.);
(t) European ferret (Mustela putorius);
(u) Llamas (Lama glama);
(v) American Bison;
(w) Marine mammals;
(x) Ostrich (Struthio spp.);
(y) Emus (Dromiceius spp.);
(z) Rheas (Rhea spp.);
(aa) Nonvenomous, nonindigenous reptile species and subspecies;
(bb) Albino forms of indigenous reptile species;
(cc) Alpaca (Lama pacos);
(dd) Guinea fowl (Numida meleagris);
(ee) Old World species of pheasants, partridges, quails, francolin, peafowl and jungle fowl (nonendemic species of the subfamily Phasianae), except:
(1) Chukar partridge;
(2) Hungarian (gray) partridge;
(3) Snow cock; and
(4) Ring-necked and white, winged pheasant;
(ff) Domesticated races of turkey (Meleagris gallopavo), distinguished morphologically from wild birds;
(gg) Domesticated races of ducks and geese (Anatidae), distinguished morphologically from wild birds;
(hh) Domesticated races of chinchillas;
(ii) Domesticated races of mink;
(jj) Waterfowl reared in captivity that are lawfully acquired pursuant to the regulations adopted by the United States Fish and Wildlife Service;
(kk) Those species of ducks, geese and swans not listed as protected pursuant to the Migratory Bird Treaty Act, 16 U.S.C. §§ 703 et seq.;
(ll) Yak (Bos grunniens);
(mm) Cassowary;
(nn) Coturnix quail (Coturnix coturnix);
(oo) Zebra (Equus spp.);
(pp) Salt water fish, crustaceans and mollusks;
(qq) Nonindigenous species of amphibians, except:
(1) Bullfrogs (Rana catesbeiana); and
(2) Species listed in NAC 503.110;
(rr) African pygmy hedgehogs (Atelerix albiventris); and
(ss) California kingsnakes (Lampropeltis getulus californiae) that do not have between their head and vent a continuous pattern of bands or rings regardless of whether the bands or rings are opened or closed.
2. Species listed in this section must not be released into the wild, except as otherwise authorized by the division in writing.
3. Except as otherwise provided in subsection 4, lawfully acquired species listed in this section may be sold in Nevada.
4. This section does not authorize the sale, possession, transportation, importation or exportation of animals in violation of any applicable federal or state law, county or city ordinance, or any regulation adopted pursuant thereto.
5. As used in this section, "aquarium fish" includes all the species of fish, except the species listed in NAC 503.110, which are listed in H. Axelrod and W. Vorderwinkler, Encyclopedia of Tropical Fishes, 29th ed., 1988. A copy of that publication may be obtained from T.F.H. Publications, Inc., One T.F.H. Plaza, Neptune City, New Jersey 07753, for a price of $17.59.
NEV. ADMIN. CODE ch. 503, §110 - Restrictions on importation, transportation and possession of certain species.
1. Except as otherwise provided in this section and NAC 504.486, the importation, transportation or possession of the following species of live wildlife or hybrids thereof, including viable embryos or gametes, is prohibited:
(a) Fish ...
(b) Reptiles ...
(c) Amphibians ...
(d) Mammals...
(e) Birds:
Common Name Scientific Classification
(1) Pink Starling or Rosy Pastor Sturnus roseus
(2) Red-billed Dioch Quelea quelea
(3) Red-whiskered Bul-bul Pycnonotus jososus
(f) Crustaceans ...
(g) Mollusks ...
2. The office in Reno and each regional office of the division will maintain a physical description and picture of each species listed in this section when reasonably available.
3. The division may issue a permit or license for the importation, transportation or possession of a species listed in this section only to:
(a) A zoo or aquarium which is an accredited institutional member of the American Association of Zoological Parks and Aquariums.
(b) A person who displays, exhibits or uses the species for entertainment or commercial photography, such as motion pictures, still photography or television, if the species:
(1) Is accompanied by evidence of lawful possession;
(2) Is not in this state for more than 90 days; and
(3) Is maintained under complete control and prohibited from coming into contact with members of the general public. If the person is displaying, exhibiting or using mammals for commercial purposes other than for food or fiber, he must possess the appropriate license issued by the United States Department of Agriculture.
(c) A college, university or governmental agency, for scientific or public health research.
(d) Any other scientific institution, as determined by the division, for research or medical necessity.
(e) Any person engaged in commercial aquaculture, upon application and proof to the division that the activity will not be detrimental to aquatic life, other wildlife or recreational uses. As a condition of the issuance to such a person of a license for the possession of a species listed in this section, a bond may be required to provide for the removal of any species to which the licenses applies that may escape or be released from captivity for any reason. The amount of the bond will be determined by the division after considering the degree of potential hazard to wildlife.
(f) A tax-exempt nonprofit organization that exhibits wildlife solely for educational or scientific purposes.
4. An interstate shipment of a species listed in this section may be transported through this state, without a permit or license issued by the division, if:
(a) The shipper or transporter has evidence of lawful possession of the species issued by the state or country where the species originated;
(b) Mammals, birds or fish are accompanied by a health certificate issued by the state or country where the species originated that indicates the destination, origin and proof of ownership of the species being transported;
(c) The species is in this state for less than 48 hours; and
(d) The species is not unloaded or otherwise released while being transported through this state.
5. This section does not apply to the division when it is conducting authorized introductions or transplantations of a native species of big game animal listed in this section.
NEV. ADMIN. CODE ch. 504, §488 - Possession of live animals under authority of permit or license held on February 28, 1994.
A person who, on February 28, 1994, holds any permit or license issued by the division that authorizes the possession of a live animal may, except as otherwise provided in the particular permit or license, continue to possess that animal and its progeny for the life of that animal and its progeny. The animal and its progeny:
1. Must not, if the animal is of a species listed in NAC 503.110, be released, sold, bartered, given away or traded within this state.
2. Must not, if the animal is not of a species listed in NAC 503.110, be:
(a) Released in this state without the prior written authorization of the division; or
(b) Sold, bartered, given away or traded within this state except:
(1) Pursuant to the conditions set forth in the permit or license under which the animal and its progeny are held; and
(2) To a person who holds a commercial or noncommercial license for the same species.
3. May be exported out of this state pursuant to applicable federal and state laws and any regulations adopted pursuant thereto.
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| New Hampshire |
N.H. REV. STATE. ANN. §207:14 - Importing and Releasing.
I. No person shall import, possess, sell, exhibit, or release any live marine species or wildlife, or the eggs or progeny thereof, without first obtaining a permit from the executive director except as permitted under title XVIII. The executive director shall have the authority to determine the time period and any other conditions governing the issuance of such permit. The executive director may refuse to issue a permit if he determines that such issuance may pose significant disease, genetic, ecological, environmental, health, safety, or welfare risks to persons, marine species or wildlife.
II. The executive director shall adopt rules, pursuant to RSA 541-A, to administer this section and relative to the importation, possession, exhibition, sale or release of all marine species and wildlife, including, but not limited to:
(a) Size, sex, number and quantity.
(b) Transportation, within or through the state of New Hampshire.
(c) Sale, inspection, processing, recordkeeping and marking.
(d) Method of keeping.
(e) Areas of release.
(f) Method of release.
(g) Method of taking.
(h) Permit fee schedules.
(i) Appropriate definitions.
III. The executive director may establish a list of marine species or wildlife or the eggs or progeny of such marine species or wildlife which may be exempted from any or all of the provisions of RSA 207:14.
IV. Except where otherwise provided, any person who violates this section or any rule adopted under this section shall be guilty of a violation and guilty of an additional violation for each marine species or wildlife possessed contrary to the provisions of this section.
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N.H. CODE ADMIN. R FIS 804 - POSSESSION OF WILDLIFE
PART Fis 802 GENERAL CHAPTER REQUIREMENTS
Fis 802.01 Permittee Categories.
(a) For the purposes of this chapter the permittee categories shall be as follows:
(1) An individual person shall be permittee category 1;
(2) A propagator shall be permittee category 2;
(3) An individual training and shooting permittee shall be category 3.
(4) The person operating a regulated shooting area shall be permittee category 4;
(5) An exhibitor shall be permittee category 5; and
(6) An aquaculturist shall be permittee category 6.
Fis 804.01 Definitions.
(a) "Cage" means an area enclosed on all sides and has a top and a bottom.
(b) "Enclosure" means an area enclosed on all sides.
Fis 804.02 Non-controlled Species - Possession.
(a) A permit to possess wildlife shall not be required for any person to possess wildlife designated as non-controlled as specified in (b), below.
(b) For purposes of this part, the following species or groups of wildlife shall be designated as non-controlled:
(1) Ornamental aquarium fish, both fresh and marine that shall be kept in a closed system;
(2) Amphibians;
(3) Non-venomous reptiles, except the following ...
(3) The following exotic birds: [Note: "3" was the #]
a. Cockatiel (Nymphicus hollandieus)
b. Canaries (Serinus spp.);
c. Parrots (Psittaciformes);
d. Parakeets (Budgerigar) except Monk Parakeet (Myiopsitta monachus);
e. Mynah Birds (Acridotheres spp);
f. Finches (Estrildidae spp);
g. Pekin robin (Leiothrip lutea);
h. Weavers (Ploceidae);
i. Toucans (Ramphastidae);
j. Button quail (Turnicidae);
k. Pigeons and doves (Columbiformes), exotic; and
l. Feral pigeons (Columba domestica and C. livia);
m. Emu (Dromaius novaehollandire);
n. Ostrich (Struthis camelus);
o. Rehas (Rheidae);
p. Waterfowl, exotic migratory except mute swans;
q. Waterfowl, mallard by individuals in category 1;
r. Gallinaceous birds, except:
1. Bobwhite quail, Northern (Colinus virginianus);
2. Grouse, Ruffed (Bonasa umbellus);
3. Grouse, Spruce (Dendragapus canadensis);
4. Pheasant, Ring-necked (Phasianus colchicus);
5. Partridge, Chuckar and Redleg (Alectoris chuka); and
6. Partridge, Grey/Hungarian (Perdix perdix);
(4) The following mammals:
...
Fis 804.03 Prohibited Species - Possession.
(a) No person shall be issued a permit to possess wildlife that has been designated as prohibited as specified in Fis 804.03(b).
(b) For the purposes of this part, the following species or groups of wildlife shall be designated as prohibited:
(1) The following invertebrates:
...
(2) The following fish:
...; and
(3) Monk Parakeet (Myiopsitta monachus).
Fis 804.04 Permits To Possess Wildlife.
(a) No live wildlife designated as controlled, the eggs or progeny thereof, shall be possessed without a permit to possess wildlife or except as otherwise permitted under RSA 207:1-a, 214:34-d and 209-A:3, IV.
(b) All species not specifically listed under the categories of non-controlled, prohibited or controlled shall be designated as controlled and shall require a permit to possess.
(c) The executive director shall review each application to possess and shall make a determination as to whether such possession shall be permitted. No permit to possess shall be issued if there is any significant disease, genetic, ecological, environmental, health, safety or welfare risks to the public or other wildlife species.
(d) In order to determine such a determination, the executive director shall consider the following criteria such as but not limited to:
(1) Life cycle;
(2) Life history;
(3) Reproduction habits;
(4) Habitat requirements;
(5) Interaction with competing species for food/habitat;
(6) The ability of the species to survive or not survive in New Hampshire' environment;
(7) Geographic distribution in the wild;
(8) Source of wildlife; and
(9) Competition with indigenous species.
(e) No possession of wildlife shall take place until a permit is issued by the executive director.
(f) Permits to possess wildlife as specified in Fis 804.05(a) shall expire on December 31 of the calendar year of issuance, unless sooner revoked.
(g) The permit shall be valid only for the facilities or locations described in the application and the permit shall not be transferable or assignable.
(h) Application for a permit to possess shall be submitted no less than 30 days in advance of the date of possession.
(i) Health certificates shall meet standards set forth by the United States Department of Agriculture pursuant to 9 CFR, 2.78 and/or the New Hampshire Department of Agriculture.
Fis 804.05 Controlled Species - Possession.
(a) A permit to possess wildlife shall be required for all species designated as controlled as cited in the controlled table under (b), below.
(b) A permit shall be issued only to a person in the permittee category(ies), as defined in Fis 802.01, and cited Table 800.2:
Table 800.2 Controlled Species Table - Possession
PERMITTEE CATEGORY SPECIES SCIENTIFIC NAME
Reptiles
...
Fish
...
Birds
5 All native species
1,2, 5 All waterfowl, indigenous and naturalized, except
2, 3, 4, 5 Mallard Anas platyrhynchos
2, 5 Mute Swans Cygnus olor
Gallinaceous Birds:
1, 2, 3, 4, 5 Bobwhite Quail, Northern Colinus virginianus
5 Grouse, Ruffed Bonasa umbellus
5 Grouse, Spruce Dendragapus canadensis
1, 2, 3, 4, 5 Pheasant, Ring-necked Phasianus colchicus
1, 2, 3, 4, 5 Partridge, Chukar /Redleg Alectoris chuka
1, 2, 3, 4, 5 Partridge, Grey/Hungarian Perdix perdix
Mammals ...
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| New Jersey |
N.J. ADMIN. CODE tit. 7, §25-4.8 - Potentially dangerous species
(a) "Potentially dangerous species" is defined as any exotic mammals, birds, reptiles or amphibians or nongame species which, in the opinion of the Division, is capable of inflicting serious or fatal injuries or which has the potential to become an agricultural pest or a menace to the public health or indigenous wildlife populations, including, but not limited to the following:
Class/Order Family/Genus
Primates Cebidae - New World Monkeys
Cercophithecidae - Old World Monkeys and Baboons
Pongidae - Apes
Carnivora Canidae - Nondomestic dogs
Ursidae - Bears
Felidae - Nondomestic cats
Saura (Venomous) Helodermatidae - Gila Monsters
Serpentes (Venomous) Elapidae - Coral snakes and cobras
Viperidae - Vipers
Crotalidae - Pit Vipers
Crocodilia Alligatoridae - Alligators and caiman
Crocodylidae - crocodiles
Gavialidae - gavials
Psittaciformes Psittaculis spp. - Ring-necked parakeets
Myiopsitta spp. - Monk parakeets
Cyanoliseus patagonus - Patagonian Conures
Rodentia Cynomys spp. - Prairie dogs
Spermophilus spp. - Ground Squirrels
(b) The Department, in its discretion, may issue a permit for possession of a potentially dangerous species only after a clear showing that the criteria for the possession of such potentially dangerous species contained in N.J.A.C. 7:25-4.9 have been met.
N.J. ADMIN. CODE tit. 7, §25-4.9 - Criteria for the possession of potentially dangerous species
(a) In addition to the general criteria enumerated above in N.J.A.C. 7:25-4.7, every person applying for a permit to possess potentially dangerous species shall meet each and every of the following criteria to the satisfaction of the Division.
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. Protection of the Public: The housing facilities shall also be constructed to prevent public access to and contact with the animal. The potentially dangerous species shall not be kept as a pet, for hobby purposes or in situations, which, in the judgment of the Department, could adversely affect the health of the animal or which could constitute a hazard to the public.
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. A summary must be submitted of a continuous source of food for the specific diet of the animals. Division personnel may inspect the completed facilities to determine if the facilities are suitable for the animal. Facilities must be constructed to prevent the possible escape of the animal.
6. Other restrictions: Under no circumstances shall a person issued a pet shop or animal dealer permit possess any potentially dangerous species on the commercial premises, except in emergencies and for a limited period of time as stipulated by the Department in writing and subsequently agreed to by the animal dealer or pet shop owner, who shall assume full responsibility for the safety and welfare of both the animal and the public during its temporary storage. A potentially dangerous animal already on display at the premises of a pet shop or animal dealer and already under a permit for such display as of January 17, 1995 may remain so displayed under the terms and conditions of that permit for the lifetime of that animal.
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| New Mexico |
N/A
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| New York |
N.Y. ENVTL. CONSERV. §11-0511 - Envtl. Conserv. Possession and transportation of wildlife.
No person shall, except under a license or permit first obtained from the department containing the prominent warning notice specified in subdivision nine of section 11-0917 of this article, possess, transport or cause to be transported, imported or exported any live wolf, wolfdog, coyote, coydog, fox, skunk, venomous reptile or raccoon, endangered species designated pursuant to section 11-0535 hereof, species named in section 11-0536 or other species of native or non-native live wildlife or fish where the department finds that possession, transportation, importation or exportation of such species of wildlife or fish would present a danger to the health or welfare of the people of the state, an individual resident or indigenous fish or wildlife population. Environmental conservation officers, forest rangers and members of the state police may seize every such animal possessed without such license or permit. No action for damages shall lie for such seizure, and disposition of seized animals shall be at the discretion of the department.
N.Y. ENVTL. CONSERV. §11-0536 - Envtl. Conserv. Sale of certain wild animals or wild animal products prohibited.
1. Except as provided in subdivision three hereof, no part of the skin or body, whether raw or manufactured, of the following species of wild animals or the animal itself may be sold or offered for sale by any individual, firm, corporation, association or partnership within the state of New York: - Leopard (Panthera pardus), Snow Leopard (Uuncia), Clouded Leopard (Neofelis nebulosa), Tiger (Panthera tigres), Asiatic Lion (Panthera leo persica), Cheetah (Acinoyx jubatus), Alligators, Caiman or Crocodile of the Order Crocodylia (except as provided in subdivision two of this section), tortoises of the genus Gopherus, marine turtles of the family Cheloniidae and the family Dermochelidae, Vicuna (Vicugna vicugna), Wolf (Canis lupus), Red Wolf (Canis niger), or Kangaroo (Macropodidae) or Polar Bear (Thalarctos maritimus), Mountain Lion, sometimes called Cougar (Felis Concolar), Jaguar (Panthera onca), Ocelot (Felis pardalis), or Margay (Felis wiedii), Sumatran Rhinoceros (Dicerorhinus sumatrensis), or Black Rhinoceros (Dicero bicornis).
2. The commissioner may permit, under such terms and conditions as he may prescribe, the importation and sale of the skin, body or parts therefrom of Alligators, Caiman or Crocodile of the Order Crocodylia.
3. Any officer or agent authorized by the commissioner, or any police officer of the state of New York, or any police officer of any municipality within the state of New York, shall have authority to execute any warrant to search for and seize any goods, merchandise or wildlife sold or offered for sale in violation of this section, or any property or item used in connection with a violation of this section; such goods, merchandise, wildlife or property shall be held pending proceedings in any court of proper jurisdiction. Upon conviction, or upon the entry of a judgment restraining the sale or offer for sale of such goods, merchandise or wildlife on the ground that such items were sold or offered for sale in violation of this section, such seized goods, merchandise or wildlife shall be forfeited and, upon forfeiture, either offered to a recognized institution for scientific or educational purposes, or destroyed.
4. The commissioner may permit, under such terms and conditions as he may prescribe, the importation, transportation, possession or sale of any species or subspecies of fish or wildlife listed in this section for zoological, educational, and scientific purposes, and for the propagation of such fish or wildlife in captivity for preservation purposes, unless such importation, transportation, possession or sale is prohibited by any federal law or regulation.
N.Y. ENVTL. CONSERV. §11-0917 - Envtl. Conserv. Possession, transportation and sale of wild game and other wildlife.
1. Wild game and other wildlife, taken in this state, and parts thereof, may, if lawfully taken, be
a. possessed.
b. transported within the state and from within to without the state, and
c. bought and sold, as provided in this section and in the sections of the Fish and Wildlife Law and regulations of the department to which this section refers, and not otherwise. It shall not be possessed, transported, bought or sold unless lawfully taken, nor transported, bought or sold unless lawfully possessed. Nothing in this section applies to any game which is not wild game, as defined in subdivision 2 of section 11-0103.
2. Unprotected wildlife may be possessed, transported, bought and sold without restriction except as provided in subdivision 9 or subdivision 10.
3. Game for propagation purposes may be transported without restriction except as provided in subdivision 8 or subdivision 10.
4. The carcasses, flesh, head, hide, feet or fur of wildlife, except birds, may be bought and sold without restriction, except as provided in subdivisions 8, 9 or 10. The head, skin plumage, hide, feet or fur of wildlife may be possessed and transported without restriction except (a) as provided in section 11-0911 with respect to deer, (b) as provided in subdivision 9 with respect to birds, and (c) as provided in subdivision 8 or subdivision 10.
5. Game taken and possessed in one part of the state may be transported as provided in this section by the taker, or any person who acquires it lawfully from the taker, and possessed by the taker or by such person in any part of the state for the period during which it may be possessed at the place where taken.
6. Skunk, bobcat, mink, raccoon and muskrat may be bought and sold alive during their respective open seasons.
8. Migratory game birds and beaver, fisher, otter, bobcat, coyote, fox, raccoon, skunk, muskrat and mink shall be possessed, transported and disposed of only as permitted by regulation of the department.
9. a. The flesh of cottontail rabbits, varying hares, European hares, squirrels, bear and deer shall not be bought or sold, except as provided in section 11-1713 with respect to bear.
b. Notwithstanding paragraph a of this subdivision, game legally taken may be possessed, prepared and served by a non-profit organization at any meeting for the members and guests provided that there is no charge for the meal.
c. Game legally taken may be donated to, and possessed, prepared and distributed by a charitable or not-for-profit organization which serves or distributes food without cost to the poor or needy. Game or packages of game donated pursuant to this paragraph shall, notwithstanding the requirements for tagging and labelling of game contained in paragraph b of subdivision 5 of section 11-0911 of this chapter, be tagged, labelled or marked "not for sale" and such tag, label or marking shall identify the type of meat, the license number of the taker, the name and address of the professional processor of the game and the date of processing. The department shall make available instructions for the safe and sanitary preparation of game, a list of professional processors where potential donors may take their game for preparation and packaging and a list of charitable or not-for-profit organizations which accept donations of game. Professional processors, charitable and not-for-profit organizations may notify the department of their intention to participate in such distribution, and the department shall include them in its lists unless good cause otherwise exists.
d. The dead bodies of birds belonging to all species or subspecies native to this state, defined in section 11-0103, subdivision 5 as protected wild birds, or belonging to any family of which any species or subspecies is native to this state, and is so defined in section 11-0103, subdivision 5 shall not be sold, offered for sale or possessed for sale, for food purposes.
e. The plumage, skin or body of any wild bird shall not be sold, possessed for sale or offered for sale except as permitted by section 11-1729 or 11-1731 of the Fish and Wildlife Law.
f. No live wolf, coyote, coydog, fox, skunk, venomous reptile or raccoon shall be possessed or transported, except under a license or permit issued by the department. Every such license or permit shall contain a prominent notice thereon warning the licensee or permittee of his or her duty to exercise due care in safeguarding the public from attack by such wild animal or venomous reptile and that failure to do so is a crime under section three hundred seventy of the agriculture and markets law. The provisions of the opening paragraph of section three hundred seventy of the agriculture and markets law except the last sentence thereof shall be set forth on such license or permit immediately following such warning notice.
10. No wildlife shall be possessed, transported or sold contrary to the terms of any statute, or regulation, permit or license of the department, pursuant to which it was taken or acquired.
N.Y. AGRIC. & MKTS. §370 - Protection of the public from attack by wild animals and reptiles.
Any person owning, possessing or harboring a wild animal or reptile capable of inflicting bodily harm upon a human being, who shall fail to exercise due care in safeguarding the public from attack by such wild animal or reptile, is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than five hundred dollars, or by both. "Wild animal" within the meaning of this section, shall not include a dog or cat or other domestic animal.
Previous attacks upon a human being by such wild animal or reptile, or knowledge of the vicious propensities of such wild animal or reptile, on the part of the possessor or harborer thereof, shall not be required to be proven by the people upon a prosecution hereunder; and neither the fact that such wild animal or reptile has not previously attacked a human being, nor lack of knowledge of the vicious propensities of such wild animal or reptile on the part of the owner, possessor or harborer thereof shall constitute a defense to a prosecution hereunder.
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| North Carolina |
N.C. SESS. LAWS §153A-131 - Possession or harboring of dangerous animals.
A county may by ordinance regulate, restrict, or prohibit the possession or harboring of animals which are dangerous to persons or property. No such ordinance shall have the effect of permitting any activity or condition with respect to a wild animal which is prohibited or more severely restricted by regulations of the Wildlife Resources Commission.
N.C. SESS. LAWS §160A-187 - Possession or harboring of dangerous animals.
A city may by ordinance regulate, restrict, or prohibit the possession or harboring within the city of animals which are dangerous to persons or property. No such ordinance shall have the effect of permitting any activity or condition with respect to a wild animal which is prohibited or more severely restricted by regulations of the Wildlife Resources Commission.
N.C. ADMIN. CODE tit. 2, r. 52B.0212 - IMPORTATION REQUIREMENTS: WILD ANIMALS
(a) A person shall obtain a permit from the State Veterinarian before importing any of the following animals into this State:
(1) Skunk;
(2) Fox;
(3) Raccoon;
(4) Ringtail;
(5) Bobcat (includes Lynx and other North and South American felines as cougars, jaguars, etc.);
(6) Coyote;
(7) Marten;
(8) Brushtail Possum (Trichosurus vulpecula).
(b) Permits for the importation into this State of any of the animals listed in (a) of this Rule shall be issued only if the animal(s) will be used in a research institute or for public display or organized entertainment as in zoos or circuses.
(c) Camelids, all cervidae, bison, and all other bovidae other than domestic cattle may be imported into the State if accompanied by an official health certificate issued by an accredited veterinarian which states that:
(1) all animals six months of age or older have tested negative for brucellosis within 30 days prior to importation; and
(2) all animals six months of age or older have tested negative for tuberculosis within 60 days prior to importation; and
(3) all cervidae meet the requirements of the Uniform Methods and Rules: Tuberculosis in Cervidae; and
(4) the herd of origin has had no brucellosis or tuberculosis diagnosed within the past 12 months.
(d) Any species or hybrid of a mammal not otherwise covered in the Administrative Code that is found to exist in the wild or naturally occurs in the wild must be accompanied by a valid certificate of veterinary inspection.
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| North Dakota |
N.D. ADMIN. CODE §48-12-01-02 - Definitions.
For purposes of this chapter:
1. "Board" means the North Dakota board of animal health.
2. "Domestic animal" means dog, cat, horse, bovine animal, sheep, goat, bison, llama, alpaca, or swine.
3. "Herd" means all animals commingled with other animals of the same species owned by the same person, which are confined to specific premises.
4. "Hybrid" means an animal produced by crossing species or subspecies.
5. "License" means a document obtained from the board for the raising or propagation of a species in North Dakota.
6. "Nontraditional livestock" means any wildlife held in a cage, fence, enclosure, or other manmade means of confinement that limits its movement within definite boundaries, or an animal that is physically altered to limit movement and facilitate capture.
Category 1: Those animals that are similar to but have not been included as domestic species, including turkeys, geese, ducks (morphologically distinguishable from wild turkeys, geese, ducks), pigeons, and mules or donkeys. (These animals are subject to the rules of domestic animals.)
Category 2: Those species that have been domesticated, including ostrich, emu, chinchilla, guinea fowl, ferret, ranch foxes, ranch mink, peafowl, all pheasants not in category 3, quail, chukar, and Russian lynx. Category 2 species imported must meet the health requirements as set forth in this chapter.
Category 3: Those species that are indistinguishable from wild, indigenous species or present a health risk to wild and domestic species, or both, including elk, deer (except those listed under subdivisions a and b of subsection 3 of section 48-12-01-03), reindeer, bighorn sheep, fallow deer, ring-necked pheasant, Bohemian pheasant, sichuan pheasant, Canadian lynx, bobcat, and raptor.
Category 4: Those species that are considered inherently or environmentally dangerous, including bears, wolves, wolf hybrids, primates, lions, tigers, and cats (not listed previously).
Category 5: Those species that are not categorized in categories 1 through 4 require a special license, the requirements of which will be established by the board.
7. "Permit" means a document obtained from the board for the importation of animals into North Dakota.
8. "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity.
9. "Possess" means to own, control, restrain, transport, or keep in captivity.
10. "Zoo" means an organization with a class C exhibitor's permit, which follows United States department of agriculture (USDA) regulations and are inspected by USDA/APHIS.
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N.D. ADMIN. CODE §48-12-01-03 - Permit and license requirements.
All nontraditional livestock premises must be licensed and comply with the administrative rules of the board and applicable statutes. Licenses are not required for categories 1 and 2. An owner of category 2 species must comply with all health requirements as set forth in subdivisions e and f of subsection 1.
1. Category 3, 4, or 5 nontraditional livestock may be imported into North Dakota only after the owner obtains all of the following:
a. An importation permit from the board.
b. A North Dakota nontraditional livestock license from the board which is valid for the species to be imported or possessed. The license fee is five dollars for each game bird species and ten dollars for all other species. The maximum annual fee for a person holding more than one bird species license is twenty-five dollars. The maximum annual fee for a person holding more than one nonbird species license is seventy-five dollars.
c. Genetic testing for purity is required for all elk or elk hybrids prior to entry into zone 1 or 2, as those zones are described in subdivision c of subsection
7. Only genetically pure elk will be allowed in zone 1 or 2.
d. An animal may not be imported, without approval from the board, if the animal originated in a herd that has been quarantined for a reportable disease.
e. An examination by an accredited veterinarian accompanied by an approved certificate of veterinary inspection. Minimum specific disease test results and health statements that must be included on a certificate of veterinary inspection include:
(1) Animals in the shipment must be tested for any diseases prescribed by the board.
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(a) Tuberculosis.
[1] Cervidae - all animals in the shipment must be tested negative within thirty to ninety days and the entire herd of origin within twelve months using the single strength cervical test, or if originating from an accredited free herd, only the animals in the shipment must be tested, or follow uniform method and rules and guidelines for the control of tuberculosis in cervidae as published by USDA/APHIS.
[2] Other species - use recognized approved testing protocol.
(b) Brucellosis.
[1] Cervidae - all animals in the shipment must be tested negative by two official brucellosis tests within thirty days, one of which must be the complement fixation test or follow uniform method and rules in control of brucellosis in cervidae as published by USDA/APHIS.
[2] Other species - use recognized industry testing protocol.
(c) Pseudorabies. Serologic testing methodology must be conducted in accordance with board pseudorabies standards within thirty days prior to entry for the following category, except for suckling piglets accompanying a negative sow:
Suidae: Wild suidae (See also subdivisions c and d of subsection 3.)
(d) Equine infectious anemia. Serologic testing must be conducted in accordance with state equine infectious anemia protocol within twelve months prior to entry for the following category of equidae, except suckling foals accompanying a negative dam:
Equidae: All wild equidae
(e) Rabies. Any native mammal of the order carnivora that has been taken from the wild may not enter the state if a diagnosis of rabies has been made in the past twelve months in the same species in the state of origin.
(f) Johne's disease. The following statement signed by an accredited veterinarian in the state or province of origin: "To the best of my knowledge, animals listed herein are not infected with paratuberculosis (Johne's disease) and have not been exposed to animals infected with paratuberculosis. To the best of my knowledge, the premises of origin have not been the site of a significant disease outbreak in the previous twenty-four months that was not contained and extirpated using recommended disease control".
(g) Diseases of birds.
[1] Pullorum and fowl typhoid.
[a] Captive wild birds as defined in this paragraph, unless going directly to slaughter, must originate from a producer who is participating in the pullorum-fowl typhoid control phase of the national poultry improvement plan (NPIP) plan or the birds must be tested serologically negative for pullorum and fowl typhoid within the past thirty days. In the case of eggs and hatchling birds, the breeder flock must be a national poultry improvement plan participant or must have been tested negative in the past thirty days. Serum testing or national poultry improvement plan active status are required for birds of the order galliformes including prairie chicken (tympanuchus cupido), quail, pheasants (phasianus colchicus), chukar (alectoris chukar), gray (Hungarian) partridge (perdix perdix), and wild turkey (meleagris gallopavo).
[b] In lieu of pullorum and fowl typhoid testing of other birds, the following statement can be placed on the health certificate: "To my knowledge, birds listed herein are not infected with pullorum or fowl typhoid and have not been exposed to birds infected with pullorum or fowl typhoid during the past twelve months". This statement shall be signed by the owner or the owner's representative.
[2] Avian tuberculosis (mycobacterium avium). The certificate of veterinary inspection must read: "To my knowledge, birds listed herein are not infected with avian tuberculosis and have not been exposed to birds infected with avian tuberculosis during the last twelve months". This requirement applies to all birds, including ratites.
[3] Duck plague (duck virus enteritis, D.V.E.) and avian cholera. The statement, "To my knowledge, birds listed herein are not infected with duck plague or avian cholera and have not been exposed to birds known to be infected with duck plague or avian cholera within the past one hundred eighty days", must be written on the health certificate of all anseriformes entering the state. The statement shall be signed by the owner or the owner's representative. This statement applies to waterfowl (anseriformes).
[4] Exotic Newcastle disease (viscerotropic, velogenic viruses) psittacosis.
[a] The statement, "To my knowledge, birds listed herein are not infected with exotic Newcastle disease or psittacosis and have not been exposed to birds known to be infected with exotic Newcastle disease or psittacosis within the past thirty days", must be written on the health certificate of all psittacine birds entering the state. The statement shall be signed by the owner or the owner's representative. This statement applies to all psittacine birds.
[b] While in transit or while being offered for sale by a person holding a nontraditional livestock license and nontraditional livestock auction license, the following birds which have been associated with introductions of exotic Newcastle disease should be identified with a numbered leg band or other approved method of identification: yellow naped Amazon parrot (Amazona ochrocephala auropalliata), Mexican double yellow head parrot (Amazona ochrocephala oratrix), Mexican red head parrot (Amazona viridigenalis), spectacled Amazon parrot (Amazona albifrons), yellow cheeked Amazon parrot (Amazon autumnalis), green conure (aratinga holochlora, A. strenua, A. leucophthalmus), military machaw (ara militaris), lilac crowned Amazon parrot, (Amazona finschi).
[5] Mycoplasmosis. All wild turkeys of the species meleagris gallopavo, unless going directly to slaughter, must originate from a producer who is participating in the mycoplasmosis control phase of the national poultry improvement plan or the birds must have been tested serologically negative for mycoplasma gallisepticum and M. synoviae within the past thirty days. In the case of eggs and hatchling birds, the breeder flock must be a national poultry improvement plan participant or must have been tested negative in the past thirty days.
f. Additional disease testing may be required from the board prior to importation or sale if there is reason to believe other diseases, parasites, or other health risks are present.
2. It is a violation of this rule to release or abandon any nontraditional livestock without prior written authorization from the board. Game bird releases must be stipulated in the license application.
3. The board finds that the following species, hybrids, or viable gametes (ova or semen) are detrimental to existing animals and their habitat through parasites, disease, habitat degradation, or competition. Possession of the following species, hybrids, or viable gametes is restricted to a special license (applies to category 5).
a. In the family bovidae, subfamily caprinae: chamois (rupicapra), tahr (hemitragus), goats. ibexes (capra), except domestic goat (capra hircus), barbary sheep or aoudad (ammotragus), mouflon species (ovis musimon), subfamily hippotraginae: oryx and gemsbok (oryx), addax (addax), subfamily redinunae: reed bucks (redunca), subfamily alcelaphinae: wildebeests (connochaetes), hartebeests (alcelaphus), sassabees, blesbok, bontebok, topi (damaliscus), subfamily water buffalo (bubalus).
b. In the family cervidae, all of the following species and hybrids: moose (alces alces), axis deer (axis axis), rusa deer (cervus timorensis), sambar deer (cervus unicolor), sika deer (cervus nippon), roe deer (capreolus capreolus and capreolus pygarus), red deer (cervus elaphus).
c. All wild species of the family suidae (Russian boar, European boar) and hybrids.
d. In the family tayassuidae: the collared peccary or javelina (tayassu tajacu) and hybrids.
4. A special license application will be reviewed by the nontraditional livestock advisory council. The advisory council shall recommend action to be taken by the board.
5. These special license species may not be released, imported, transported, sold, bartered, or traded within the state except as authorized. The special license animals may be transported out of the state in compliance with the nontraditional livestock rules of the receiving state and federal laws.
6. Persons with proof of possession prior to the effective date of these rules may possess special license species.
7. The following nontraditional livestock are "restricted species", on the basis of specific animal health risks that they pose to wildlife and domestic livestock: white-tailed deer (odocoileus virginianus) and reindeer (caribou) (rangifer sp.), red deer and red deer hybrid.
a. Importation of white-tailed deer into North Dakota is allowed only for nontraditional livestock farms having a valid license. The only white-tailed deer that may be permitted entry or transported west of the one hundredth meridian are those originating from states west of the one hundredth meridian where meningeal worm has not been reported. This also applies to intrastate movement.
b. Importation of reindeer (rangifer sp.) into North Dakota is prohibited except under the following conditions:
(1) All animals in shipment must be tested negative to four brucellosis serological tests.
(2) All animals in the shipment must originate in a herd located south of the border of Canada and the United States which is certified brucellosis (B. suis and B. abortus) and tuberculosis free as determined by whole herd testing.
(3) Animals must have never been exposed to tuberculosis positive animals.
c. The importation or intrastate movement of red deer and red deer and elk hybrids requires a special license. A license will not be issued for premises in zone 1 or 2. Zone 1 is that area bordered by a line that begins at the junction of the Montana border and Missouri River, runs east along the Missouri River to highway 49, south to highway 21, west to highway 22, to the Slope-Bowman County line, and west to Montana. Zone 2 is that area bordered by a line that begins at the Minnesota state line on highway 2, runs west to Towner and north along the Souris River to the Canadian border.
8. Reclassification of any species listed as restricted is contingent upon compelling scientific information indicating that risks posed by these species to native wildlife populations and domestic livestock can be eliminated or managed effectively through application of new diagnostic or management technologies.
9. Any diseased, prohibited, or restricted animal determined by the board to pose a significant threat to the state's wildlife resources, domestic animals, or human health must be held in quarantine at the owner's expense until disposition is determined. Possession or transfer of such animals is prohibited if contrary to the determination of the board.
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| Ohio |
OHIO ADMIN. CODE §901: 1-17-12 - Nondomestic animals
(A) No nondomestic animal shall be imported into the state of Ohio unless:
(1) It is in full compliance with all other state and federal agencies [sic] rules and regulations; and
(2) It is free of evidence of any contagious or infectious diseases or parasites harmful to humans or animals.
(B) Nondomestic animals may be legally imported into the state under all of the following conditions:
(1) Animals are accompanied by an entry permit and certificate of veterinary inspection, and
(2) Test-negative animals that have been exposed to test-positive animals through transportation or husbandry practices will be allowed entry into Ohio only by permission of chief, division of animal industry and with a consignee letter of consent.
(3) Animals are accompanied by documentation to prove they had been legal residents in the state or country of origin (i.e., license numbers of appropriate state and federal permits or tenure status on certificate of veterinary inspection).
(C) Qualifications, specific tests, or statements required for mammals prior to entry into the state:
(1) Brucellosis
Animals may move on a brucellosis free herd status that is acceptable to the chief of the division of animal industry or on negative test results from an approved state/federal brucellosis laboratory conducted within thirty days prior to entry. This requirement includes but is not limited to the following categories of animals over six months of age:
Cervidae: Elk, caribou, moose, deer (including but not limited to fallow, roe, axis, sika, red, and white tail)
Bovidae: Antelope, wild cattle, buffalo, wild goats
Suidae: Wild swine including peccaries
(2) Tuberculosis (mycobacterium bovis)
Animals may move on a tuberculosis free herd status that is acceptable to the chief of the division of animal industry or have a negative test which was conducted within sixty days of entry or in accordance with the stipulation on the permit. Eligible species would include but not be limited to the following categories of animals over six months of age:
Buffalo
Elk (cervus canadenis)
Caribou (rangifer spp.)
Wild cattle
Deer (including but not limited to fallow, roe, axis, sika red,and white tail)
(3) Pseudorabies
Official pseudorabies serologic tests must be negative within thirty days prior to entry. Breeding animals must be held in isolation and post entry tested twenty-one to forty-five days after the import date. This requirement includes but is not limited to the following categories of animals except for suckling piglets accompanying a negative saw:
Suidae: Wild swine
Tayassuidae: Peccarie
(4) Equine infectious anemia
Equidae, except suckling foals accompanied by a negative dam, must be negative to an official equine infectious anemia serological test conducted in a laboratory approved by United States Department of Agriculture - animal plant health inspection service within twelve months prior to entry. This requirement includes but is not limited to the following categories of wild equidae, except suckling foals accompanying a negative dam:
Equidae: All wild horses, wild donkeys, and zebra
(D) Qualifications, specific tests, or statements required for birds prior to entry into Ohio:
(1) Pullorum and fowl typhoid
(a) Commercial gamebirds, including, but not limited to bobwhite, quail, coturmix quail, pure or hybrid ring-neck pheasant, chukar, hungarian partridge, wild turkey, ratites, and their eggs, unless going directly to slaughter or a ratite feedlot for slaughter, must originate from a producer who is participating in the pullorum-fowl typhoid control phase of the national poultry improvement plan or the birds must test serologically negative for pullorum and fowl typhoid within the past thirty days. Aforementioned birds (excluding turkeys) imported for a sale, swap, or show may be tested as negative upon arrival. Negative serologic tests for pullorum and fowl typhoid are required within thirty days from the entire breeder flock who imports eggs and hatching birds and is not a participant in the national poultry improvement plan.
(b) In lieu of pullorum and fowl typhoid testing for doves, pigeons, and certain other birds, the following statement can be placed on the health certificate: "To my knowledge, birds listed herein are not infected with pullorum or fowl typhoid and have not been exposed to birds infected with pullorum or fowl typhoid during the past twelve months." This statement should be signed by the owner or the owner's representative.
(2) Mycoplasmosis
Wild turkeys of the species melagris gallopavo and their eggs, unless going directly to slaughter, must originate from a producer who is participating in the mycoplasmosis control phase of the national poultry improvement plan or the birds must have tested serologically negative for mycoplasma gallisepticum, mycoplasma meleagridis, and m. Synoviae within the past thirty days. In the case of eggs, the breeder flock must be a national poultry improvement plan participant or must have tested negative, in the past thirty days.
(3) Newcastle disease
The statement "to my knowledge, birds listed herein are not infected with Newcastle disease or chlamydia and have not been exposed to birds known to be infected with newcastle disease within the past thirty days," shall be written on the health certificate of all psittacine birds entering the state and be signed by the owner or the owner's representative.
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| Oklahoma |
OKLA. STAT. Tit. 29, §4-107 - Commercial wildlife breeder's license.
A. Except as otherwise provided for in this title, no person may breed, possess or raise native wildlife, except fish, amphibians, aquatic reptiles, aquatic invertebrates or exotic livestock, for commercial purposes without having first procured a license for such from the Director.
B. No person licensed under this section may sell cats specified in subsection D of this section or bears to any person who does not possess a commercial wildlife breeder's license or noncommercial wildlife breeder's license.
C. Such license may be issued to any person whom the Director believes to be acting in good faith, and whom he believes does not intend to use such license for the purpose of violating any of the laws of the State of Oklahoma, and who proves that the brood stock he uses will be obtained in a lawful manner.
D. Without exception, any person shall be licensed under this section who keeps or maintains on premises any bear or cat that will grow to reach the weight of fifty (50) pounds or more and shall at all times keep such wildlife confined, controlled and restrained in such manner so the life, limb or property of any person lawfully entering such premises shall not be endangered.
E. The fees for a license under this section, and all renewals of such license, shall be Forty-eight Dollars ($48.00).
F. Any person convicted of violating the provisions of this section shall be punished by a fine of not less than One Hundred Dollars ($100.00); and, if applicable, shall have his wildlife license revoked. No such person whose license has been revoked shall be eligible to obtain a new license until after the date on which the revoked license would have expired.
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| Oregon |
OR. REV. STAT. §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).
R. REV STAT §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 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.
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| Pennsylvania |
34 PA. CONS. STAT. ANN. §2961 - Definitions
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Educational purposes." Displays by or for public or private schools, sportsmen's organizations, youth organizations, civic associations, conservation camps and school or any other organization deemed appropriate by the commission.
"Exotic wildlife." The phrase includes, but is not limited to, all bears, coyotes, lions, tigers, leopards, jaguars, cheetahs, cougars, wolves and any crossbreed of these animals which have similar characteristics in appearance or features. The definition is applicable whether or not the birds or animals were bred or reared in captivity or imported from another state or nation.
"Exotic wildlife dealer." Any person who imports into this Commonwealth, possesses, buys, sells, locates or finds for a fee, barters, donates, gives away or otherwise disposes of more than one bird or one animal classified as exotic wildlife by this subchapter.
"Menagerie." Any place where one or more wild birds or wild animals, or one or more birds or animals which have similar characteristics and appearance to birds or animals wild by nature, are kept in captivity for the evident purpose of exhibition with or without charge.
34 PA. CONS. STAT. ANN. §2963 - Exotic wildlife possession permits
(a) Authorization. - The commission may issue permits to persons to possess exotic wildlife which shall authorize the holder to purchase, receive or possess exotic wildlife from any lawful source from within or without this Commonwealth.
(b) Shelter, care and protection. - No permit provided for in this section shall be granted until the commission is satisfied that the provisions for housing and caring for such exotic wildlife and for protecting the public are proper and adequate and in accordance with the standards established by the commission.
(c) Unlawful acts. - It is unlawful for any person to:
(1) Possess, purchase or receive exotic wildlife, without first securing a permit to possess exotic wildlife issued under this section or regulations pertaining to this section.
(2) Release exotic wildlife into the wild.
(3) Fail to exercise due care in safeguarding the public from attack by exotic wildlife.
(4) Recklessly engage in conduct which places or may place another person in danger of attack by exotic wildlife.
(d) Penalty. -
(1) A violation of this section relating to permits is a summary offense of the third degree.
(2) Any other violation of this section is a summary offense of the fifth degree.
(3) Each day of violation shall constitute a separate offense, but under no circumstances shall the accumulated penalty for purposes of a field receipt exceed $300. There shall be no limit on any accumulated penalty a court may assess.
(e) Discretion of director. - In addition to the penalties provided, the director may, for any violation of this section, revoke or suspend any permit and order the disposal of any exotic wildlife held.
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| Rhode Island |
R.I. GEN. LAWS §4-18-3 - Permit required to import wild animals.
No person shall import into, receive, or possess in this state without first obtaining a permit from the department, animals of the following orders, families, and genera: Primates, carnivores, amphibia, reptilia, canidae, and insecta. The director may by regulation designate additional orders, families, genera, or species requiring a permit to import, receive or possess; or the director may by regulation waive the permit requirement for specific species, orders, families and genera.
1994 R.I. PUB. LAWS 12 020 030
SECTION 1.00 ADMINISTRATIVE FINDINGS AND POLICY
1.01 AUTHORITY - These rules and regulations are adopted pursuant to authority provided under Rhode Island General Laws ("R.I.G.L.") 42-35, 42-17 and 4-18-9 for the purpose of safeguarding the protection of persons in the State of Rhode Island from disease hazards and physical harm associated with imported wild animals. Issues not addressed in these rules and regulations or for which a party seeks clarity are to be construed in light of Chapter 4-18. These rules and regulations shall become effective twenty (20) days after filing.
1.02 ADMINISTRATIVE FINDINGS - Certain wild animals pose a substantial threat to the safety of the people of Rhode Island. This threat includes both actual physical harm resulting from natural predatory, defensive, or feeding behaviors, as well as disease transmission to human, domestic livestock, and indigenous wildlife populations of Rhode Island. Many wild animals require highly specialized nutritional, environmental, and veterinary care. It is therefore necessary to ensure that only disease-free, wild animals are imported into and possessed within Rhode Island, by those persons who can demonstrate they have adequate knowledge of species specific animal health and husbandry.
1.03 PURPOSE - The purpose of these rules and regulations is to:
(a) Permit importation and possession within Rhode Island of those wild animals which are free of diseases which pose a threat to humans, livestock and native wildlife.
(b) Allow importation/possession by only those persons who can demonstrate they have both adequate facilities, and adequate knowledge of animal health and husbandry to ensure both public safety as well as the health and well being of the imported/possessed wild animal.
(c) Ensure endangered and threatened species are not imported/possessed in Rhode Island without a permit.
SECTION 2.00 DEFINITIONS
Wherever used in these rules and regulations the following terms shall be construed as follows:
"Domestic Animals" shall mean 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.
Such animals may include but are not limited to:
Domestic dog (Canis familiaris) excluding hybrids with wild canids
Domestic cat (Felis catus) excluding hybrids with wild felines
Domestic horse (Eguus caballus) including hybrids with Eguus asinus
Domestic ass, burro, and donkey (Eguus asinus)
Domestic cattle (Bos taurus and Bos indicus)
Domestic sheep (Ovis aries)
Domestic goat (Capra hircus)
Domestic swine (Sus scrofa domestica)
Llama (Lama alama)
Alpaca (Lama pacos)
Camels (Camelus bactrianus and Camelus dromedariuated races of chickens (Gallus gallus)
Domesticated races of ducks and geese (Anatidae) morphologically distinguishable from wild birds
Domesticated races of guinea fowl (Numida meleagris)
Domesticated races of peafowl (Pavo cristatus)
"Endangered Species" those species of animals designated as threatened or endangered according to the U.S. Fish and Wildlife Service and published in the Federal Register.
"Department" shall mean the Department of Environmental Management.
"Director" shall mean the Director of the Rhode Island Department of Environmental Management, or his/her duly authorized agent or agents.
"Enclosure" shall mean any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage or compartment.
"Native Wildlife" shall mean animals occurring naturally, either presently or historically, within the boundaries of the State of Rhode Island.
"Person" shall mean any person, firm, association, organization, partnership, business trust, corporation or company including but not limited to educational and research institutions, zoological gardens, schools, cols)
Domesticated races of European rabbit (Oryctolagus cuniculus)
Domesticleges, universities, pet stores, animal care facilities, and laboratories who import, hold, sell, purchase or possess any wild animal in accordance with sections 4-18-1 and 4-18-2 of the General Laws of Rhode Island.
"Quarantine" shall refer to the types of quarantine as defined by the American Public Health Association, namely: (1) complete quarantine; (2) modified quarantine; (3) personal surveillance; and (4) segregation.
"Veterinarian" shall mean an individual currently licensed to practice veterinary medicine in the state of Rhode Island.
"Wild Animals" shall mean vertebrate animals and insecta other than those defined as domestic animals or native wildlife.
SECTION 3.00 REQUIREMENTS FOR IMPORTATION OR POSSESSION OF WILD ANIMALS
3.01 A PERMIT to import into, receive or possess in this state animals listed in section 8.00 herein, shall be restricted to United States Department of Agriculture (USDA) and American Association of Zoological Parks and Aquariums (AAZPA) approved, zoos and research institutes or other USDA approved facilities as well as exhibitors and private persons seeking to import or possess a wild animal pursuant to the provisions of section 4-18-3 of the General Laws of Rhode Island, 1956, as amended, and the rules and regulations herein. Obtaining such permit does not preclude conformance with such other Federal, State or local requirements for licensure certification or permit which may be required.
3.02 No other person shall be allowed to import into, receive or possess any animals listed in section 8.00 herein, other than United States Department of Agriculture (USDA) approved and American Association of Zoological Parks and Aquariums (AAZPA) approved zoos and research institutes, or as well as exhibitors and private persons seeking to import or possess a wild animal.
3.03 The Director in his/her discretion may issue a permit to import, receive or possess wild animals in accordance with section 3.01 to section 8.00 herein. The application shall include but not be limited to the following. For each species requested:
(a) The number, sex, age, true scientific name and exact identification of the individual animals.
(b) The carrier and probable point of first arrival as well as the location where each animal will be kept in Rhode Island.
(c) Th |