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KEEPING CAPTIVE / EXOTIC WILDLIFE Introduction: People who want to acquire various wildlife species frequently contact MassWildlife for information . Some people already have an animal and may be disappointed or frustrated to learn they cannot lawfully keep it in Massachusetts. To avoid such problems and concerns, the public is encouraged to learn the laws pertaining to the possession of wildlife in Massachusetts before they acquire an animal. A summary of these laws is below. This is only a summary and people should refer to the appropriate Massachusetts General Laws (MGL) and the Code of Massachusetts Regulations (CMR) for details. Background: Massachusetts pet stores are inspected and regulated by the Department of Food and Agriculture but the stores must follow MassWildlife laws regarding the animals that they may sell. Purchasers can reasonably assume that an animal for sale in a Massachusetts pet store may be lawfully sold and possessed. Do not assume that animals for sale in other states, including those states adjoining Massachusetts, are lawful in Massachusetts. Similarly, be wary of animals advertised for sale on the Internet or in newspapers. These animals may be lawful at the point of origin, but not in Massachusetts. MassWildlife has statutory responsibility for all freshwater fish, reptiles and amphibians, birds, and mammals, regardless of whether they are native to Massachusetts or occur elsewhere in the world. In some instances, such as species on the federal endangered or threatened species list, migratory birds, or marine mammals, authority may be shared with the federal government or another Massachusetts agency. MassWildlife does not oversee or regulate marine (saltwater) fish, which are under the authority of the Division of Marine Fisheries, nor does it regulate invertebrate animals (with some exceptions for endangered, threatened, or special concern species). Some towns may have municipal bylaws which prohibit certain invertebrates such as tarantulas or other venomous spiders, or which further regulate the keeping of animals which MassWildlife otherwise allows. Check with your city or town to comply with both state and local laws, if any. For purposes of possession, MassWildlife groups animals in the following categories:
WILD ANIMALS REQUIRING A PERMIT Permits in this category are issued only for certain scientific, educational, commercial, or other specific reasons, (See 321 CMR 2.12). Applicants must be able to demonstrate that they are actively engaged in the activity for which they have applied for or received a permit. Permits are not issued for keeping these animals as pets. The only exception is for a prohibited animal for which there is proof it was in the owner's possession within Massachusetts before July 1, 1980. This exemption is granted only for the life of that particular animal. Any animal listed in any category of the Red Books of the International Union for the Conservation of Nature, any category of federal endangered species law or listed on the Massachusetts list of endangered, threatened, and special concern species may not be possessed without a permit. WILD ANIMALS EXEMPT FROM PERMIT REQUIREMENTS This category refers to animals which are wild by nature, which may be possessed, maintained, propagated, bought, sold, or imported without a MassWildlife permit and are exempt from most state requirements (M.G.L. c. 131, § 23) and 321 CMR 9.01). These exempt animals must be obtained from a lawful source, may not be captured or taken from the wild in Massachusetts, and may not be liberated to the wild. In order to be listed as exempt, the animal (or group of animals) must meet the following criteria:
The only exempt wild animals which may be taken from the wild in Massachusetts are certain reptiles and amphibians (321 CMR 3.05). Such animals may be kept as personal pets, but may not be sold, bartered, or exchanged. The possession limit is 2 on each of these reptiles and amphibians. Allowable species include the American Bullfrog, American Toad, DeKay's Brownsnake, Eastern Gartersnake, Eastern Musk Turtle, Eastern Newt, Eastern Racer, Eastern Red-backed Salamander, Eastern Ribbonsnake, Fowler's Toad, Gray Treefrog, Green Frog, Milksnake, Mudpuppy, Northern Dusky Salamander, Northern Two-lined Salamander, Northern Watersnake, Painted Turtle, Pickerel Frog, Red-bellied Snake, Smooth Greensnake, Snapping Turtle, Spring Peeper, and Wood Frog. OTHER EXEMPT WILD ANIMAL GROUPS All "aquarium trade" fish are exempt except for rare species. Aquarium trade fish (see 321 CMR 9.01 for definition) also include the Goldfish, Koi (Japanese Carp), and Guppies, but do not include Tilapia. The Fathead Minnow and the Bluntnose Minnow may be kept as a pet, but require a permit when sold as bait for fishing. The following fish are expressly prohibited and may not be liberated in waters of Massachusetts: Grass Carp (White Amur), Piranhas and related species, Rudd, and Walking Catfish and related species. Snakeheads are on the federal list of injurious wildlife and their importation and interstate transportation is now prohibited by federal law. All amphibians may be lawfully kept without a permit except rare species. Turtles: Unlawful: the Argentine (Chaco) Tortoise, Gopher Tortoises and related species, and the Pancake Tortoise. Snakes: Lawful(no MassWildlife permit required):
Unlawful: Emerald Tree Boa, Green Tree Python, African Rock Python, Reticulated Python, and all Anacondas; Black Rat Snake; other rare species, any other snake not specified as lawful. Possession of ALL venomous ("poisonous") snakes is prohibited. Crocodilians: Unlawful (MassWildlife permit required): all crocodilians, including alligators, crocodiles, caimans, and gavials. Lizards. Lawful (no MassWildlife permit required):
Unlawful: Lawful (no MassWildlife permit required):
Unlawful: Lawful (no MassWildlife permit required): Only the following 11 mammals (or groups) may be kept as pets.
Unlawful: All other mammals not listed as domestic. DOMESTIC ANIMALS Definition: Domestic animals are those kinds of animals which have undergone a process of selective breeding in captivity and have consequently been changed both physically and behaviorally from their wild ancestors, while still maintaining a close genetic similarity to them. Animals were domesticated for companionship, transportation, food, pelts or fibers, hunting, or as guard animals. Wild animals raised in captivity (even over many generations) which have merely become tame or accustomed to people are not domestic animals. All animals or groups of animals below may be possessed, propagated, maintained, imported, bought, sold, or otherwise disposed of without the need for a MassWildlife permit or license (321 CMR 9.02). MassWildlife does not regulate these animals. However, in some instances, persons may need to comply with certain local or state laws regarding dog licenses M.G.L. Ch. 140, § 137 or municipal agriculture or zoning bylaws, or with requirements of the Massachusetts Department of Food & Agriculture pertaining to livestock and farm animals. Contact MassWildlife if you have any questions about the following lists of domestic animals.
Wolf-dog hybrids or other hybrids between domestic dogs and any wild canine species, or any feline animal which is a hybrid between a domestic cat and any wild feline species, are not domestic animals and may not be maintained, propagated, imported, bought, sold, or otherwise possessed in Massachusetts unless the animal was in the owner's possession on or before January 1, 1994, and registered with MassWildlife no later than July 31, 1994 (M.G.L. Ch. 131, § 77A) Certain recognized breeds of show or pet cats, which are known to be or reputed to be of hybrid origin, are considered to be domestic and may be lawfully possessed. The Savannah cat, which is a hybrid of the African Serval and domestic cat, is not a recognized domestic breed and therefore is not lawful to possess. REMINDER: The above information is only a summary and people should refer to the appropriate Mass. General Laws (MGL) and the Code of Massachusetts Regulations (CMR) for details. Questions? Comments? Contact: MassWildlife at Mass.Wildlife@state.ma.us Note: The Massachusetts Division of Fisheries & Wildlife (MassWildlife) provides external links to the websites of entities mentioned on this page as a public service. The Division does not exercise control over the content of these websites. A link's presence here should not be construed as an endorsement of its contents by MassWildlife. Date Last Updated: March 16, 2005 Massachusetts Department of Fish and Game |