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Question of the Month

December 2005

What states in the region have legislation regarding the possession and captivity of wild animals?

Kept as "exotic pets," wild animals can pose a danger to both their owner and the public at large, as news stories in the past about mauling incidents illustrate. Animal-rights advocates say these animals suffer as well, either because they simply don’t adjust well to captivity or because they sometimes are malnourished or kept in cramped quarters.

Federal, state and local laws offer some protections for the animals and, in some instances, minimal oversight of the owners.

According to the Animal Protection Institute, most legislation related to the possession of wild or exotic species is generated at the state level. The federal government primarily regulates the importation and interstate transportation of wild animals while also setting some minimal care and treatment standards.

According to the institute, 37 states currently have some legislation in place to control the sale, possession and use of captive wild animals. These statutes fall into three broad categories — prohibition, partial prohibition and regulation.

Animals covered by these laws include large cats, bears, wolves, dangerous reptiles such as alligators and crocodiles, and nonhuman primates. Fifteen states (none in the Midwest) prohibit the possession of these, and sometimes other, animals. Nine states, including Illinois, Michigan, Minnesota and Nebraska, have partial prohibitions in place. In some states, such as Illinois, possession of many of the aforementioned animals is banned, while in other states, ownership of only a few of these animal types is prohibited.

These states also have regulations in place, such as barring owners from releasing the captive animals into the wild.

Other states have regulations, but no prohibitions, against keeping wild animals as pets. Indiana, North Dakota and South Dakota are among the 13 U.S. states that require the owner to obtain a license or permit from a state agency.

Iowa, Kansas, Ohio and Wisconsin are among the 13 states that have few, if any, regulations in place. While Kansas exercises some regulatory authority over a limited number of animals, these states generally have, at most, "entry permit" requirements or expect a check of the animal by a veterinarian.

More information is available on the Animal Protection Institute Web site, www.api4animals.org.

For more information on this or any other public policy issue, please call 630-925-1922 or complete the online form for research services.

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