It is illegal to keep certain animals in certain states. In other states, a person may need a license to own certain kinds of animals. And 13 states do not criminalize the ownership of any kind of animal at all.
There is a good reason for criminalizing the ownership of some types of animals. Foreign or exotic animals can bring diseases from their native lands or cause environmental damage if they escape from their owners. A classic example is the Burmese python in Florida, which has proliferated wildly and decimated many native species of animals in that state.
Wild animals are never tamed, even if they live in a confined space. The owner or keeper may not be exposed to their unrestrained wild behavior because of the environment in which the animal lives, but this does not mean it has become tame or domesticated. While they may not perpetrate environmental damage, if they escape, they may harm or kill neighbors or first responders who have to search for and capture them if they get loose.
Public health concerns drive the prohibition of many exotic animals. For example, in the past, keeping prairie dogs in a home contributed to the spread of monkeypox. The outbreak of monkeypox in prairie dogs and transmission of the disease to humans was traced back to giant Gambian rats imported from Africa.
Ninety percent of reptiles carry salmonella, which can be transmitted to humans. The Centers for Disease Control estimates that 70,000 people contract salmonella from pet reptiles every year. Salmonella is a form of gastroenteritis, which can be fatal in rare instances.
Macaque monkeys, which are increasingly popular as pets, frequently carry Cercopithecine herpesvirus 1, also known as B virus. The virus is for the most part harmless to monkeys, but it can be fatal to humans. Eighty percent of humans who contract B virus and do not receive treatment die from the infection.
Scientists warn that the increasing trade in non-human primates, including macaque monkeys, could create the threat of an infectious disease emerging in the U.S. much as the Covid-19 pandemic emerged in China.
While the diseases may be somewhat harmless in their natural context, their introduction into populations that have not evolved to be resistant poses special dangers. As mentioned above, B virus is harmless in monkeys, yet fatal in humans.
Also, a person who feels tempted to acquire a wild or exotic pet would want to consider the burden of caring for such an animal. Large cats and venomous snakes are dangerous and there are many cases in which they have attacked their owners. A person would have to feed the animal. An adult tiger eats 2 tons of red meat per year. An animal can live for decades, so deciding to own and care for one might be a commitment that would last as long.
Aside from the potential dangers for humans from owning wild animals, whether native or exotic, there is the question of whether it is beneficial for the animal to live in whatever environment a human is able to provide. Arguably, the best quality of life that a wild animal can experience is the life it can have in its native habitat.
The eighteen states with the strongest laws against owning exotic animals are as follows:
- Alaska;
- California;
- Colorado;
- Georgia;
- Hawaii;
- Iowa;
- Kentucky;
- Maryland;
- Massachusetts;
- New Hampshire;
- New Jersey;
- New Mexico;
- New York;
- Tennessee;
- Utah;
- Vermont;
- Washington; and
- Wyoming.
Although each of these 18 states has strong laws, the law in each state is different from the laws in others. For example, in Alabama, it is legal to possess any native animal that is not expressly prohibited. Alabama prohibits the possession of many wild or exotic animals, for example, mongooses, walking catfish, coyotes, foxes, raccoons, skunks, wild rodents, venomous snakes and bobcats, as well as many others.
Maryland law permits people to possess a prohibited animal only if it is trained to help a person with a severe mobility impairment. Maryland allows certain other animals to be kept as pets without permits, including:
- Domestic cats;
- Dogs;
- Ferrets;
- Non-native reptiles and amphibians that are not listed as forbidden.
Maryland also allows people to possess up to 4 native reptiles, salamanders, newts, toads, frogs, non-venomous snakes, skinks, lizards or turtles. The species that are allowed are native to Maryland and not exotic.
Maryland bans possession of many kinds of animals as pets, including cats over 30 pounds and a long list of other animals, such as non-human primates and poisonous snakes. Some counties in Maryland have their own regulations regarding certain animals, such as hybrids of domestic and wild animals,
From these two examples, it can be seen that the regulations concerning ownership of wild or exotic pets depend on the state and possibly even the county in which a person lives.
These 10 states have partial bans on owning exotic animals:
- Arkansas;
- Connecticut;
- Florida;
- Illinois;
- Kansas;
- Louisiana;
- Michigan;
- Minnesota;
- Nebraska; and
- Virginia.
Thirteen states require that a person get a permit from the state before owning an exotic animal, and 9 states have no licensing or permit requirements whatsoever.
On the federal level, there are four acts that touch on trading in and owning wild animals. They are as follows:
- Captive Wildlife Safety Act (CWSA): This is an amendment to the Lacey Act. It restricts interstate transport of six species of large wild cats, i.e. the tiger, lion, leopard, jaguar, cheetah and cougar. Certain entities, such as research facilities, are exempted. Furthermore, the CWSA prohibits existing large cat owners who are not exempt entities from moving to another state with their cats. In addition, it is forbidden to breed, buy, sell, display publicly or allow public touching of these large wild cats. The CWSA does not prevent the purchase or donation of these large cats within the borders of a state;
- The Lacey Act: The Lacey Act makes it illegal for a person to trade in any fish, wildlife or plant in violation of any law, treaty or regulation of the U.S. Several agencies of the federal government are responsible for enforcing the provisions of the Lacey Act, specifically the U.S. Fish and Wildlife Service, the National Oceanic and Atmospheric Administration, U.S. Customs and Border Protection, the Animal and Plant Health Inspection Service and the U.S. Forest Service. Violation can result in a civil penalty of up to $10,000 per each violation or maximum criminal sanctions of $20,000 in fines and/or up to 5 years in prison. All plants or animals taken in violation of the Act are subject to forfeiture as well as all equipment, e.g. boats or trucks, used in trading for which a felony conviction is obtained where the owner should have known of the violation;
- The Animal Welfare Act: The Animal Welfare Act was passed by Congress in 1966 to protect the welfare of animals on a national level. It sets minimum standards for the care and treatment that is provided to certain animals bred for commercial sale, used in research, transported commercially, or exhibited to the public. Among other things, it prohibits animal fighting. It also requires the registration and licensing of commercial animal breeders, dealers, brokers, transportation companies, exhibitors and research facilities;
- The Endangered Species Act (ESA): The ESA was enacted in 1973 with the goal of protecting plants and animals identified by the federal government as “endangered” or “threatened.” An endangered species is a species that is dangerously close to extinction. A species that is threatened faces a high probability of becoming an endangered species. The section of the law that is relevant here makes it illegal for anyone to “take” an endangered or threatened animal or significantly modify its habitat. The law applies to ordinary people and private land. A private landowner is not allowed to harm endangered animals or their habitats on their private property. The ESA is enforced by the U.S. Fish and Wildlife Service and the National Marine Fisheries Services.
