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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 Agricultural Resources 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:

  1. Wild animals, for which a permit is required;
  2. Wild animals exempt from MassWildlife permitting requirements; and
  3. Domestic animals (which include some kinds of animals not typically categorized as livestock or fowl, but which MassWildlife considers to be biologically domestic in nature).

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:

  1. Accidental release will not adversely affect the ecology of Massachusetts;
  2. The animal in captivity, or if escaped, poses no substantial danger to humans, either from injury or disease;
  3. Proper care of the animal is no more demanding than the care of common domestic animals; and
  4. Trade in the animals has no significant adverse effect on the wild population of the animal in any of its natural habitats.

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

  • Fish - 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.

  • Amphibians - All amphibians may be lawfully kept without a permit except rare species.
  • Reptiles:

Turtles:
Lawful (no MassWildlife permit required): All turtles, except rare species and those below.

Unlawful: The Argentine (Chaco) Tortoise, Gopher Tortoises and related species, and the Pancake Tortoise.

Snakes:
Regulations regarding the possession of snakes are quite detailed and should be consulted (321 CMR 9.01) for specifics. Some generalities are listed as follows.

Lawful(no MassWildlife permit required):

All species of boas and pythons, regardless of size, except rare species, and those listed as Unlawful
Shield-tailed Snakes and Sunbeam Snakes;
Worm Snakes (except rare species), Thread Snakes, and related species;
Several so-called "harmless" snakes, including Brown and Redbellied Snakes, Garter and Ribbon Snakes, Glossy Snakes, Green Snakes, House Snakes, Kingsnakes and Milksnakes, Rat Snakes (except rare species), Water Snakes, the Western Hognosed Snake and certain others.

Unlawful (MassWildlife Permit Required):
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:
Lawful: None.

Unlawful (MassWildlife permit required): All crocodilians, including alligators, crocodiles, caimans, and gavials.

Lizards.
Regulations regarding the possession of lizards are quite detailed and should be consulted (321 CMR 9.01) for specifics. Some generalities are listed as follows.

Lawful (no MassWildlife permit required):

All skinks (including the Solomon Islands Prehensile-Tailed Tree Skink) rare species, and skinks listed below as unlawful.
False Club-tailed Lizards, Girdle-tailed Lizards, Plated Lizards, and Rock Lizards;
Most Teiid Lizards;
Some Lacertid Lizards and Lateral-fold Lizards;
All Gekkos except rare species and the Big Bend Gekko;
Several iguanids, including Basilisks, Collared and Leopard Lizards, Common (Green) Iguana, False Iguana, New World Chameleons, Spiny Lizards, and Tree and Bush Lizards;
Some Agamid Lizards, such as the Water Dragon, and most Night Lizards.

Unlawful (MassWildlife permit required):

Rare species, Florida Sand Skinks, Solomon Islands Ground Skink, Chameleons, Monitor Lizards, Gila Monster and Beaded Lizard, and any other lizards not specifically listed.

BIRDS.

Lawful (no MassWildlife permit required):

Blue, Button, or Coturnix Quail;
Pigeons and Doves;
Waxbills and related species;
Finches and related species;
Weaver Finches, except the Red-billed Dioch and related species;
Parrots and related species;
Toucans, Aracaris, and Toucanets;
Starlings and Mynahs, except the Rose-Colored (Pink) Starling.
Unlawful:
Rare species, migratory birds found in the United States and Canada, and any other bird native to the United States or Canada. Permits may be issued for the aviculture of certain waterfowl and game birds.

MAMMALS.

Lawful (no MassWildlife permit required):

Only the following 11 mammals (or groups) may be kept as pets.

Four-toed (African Pygmy) Hedgehog;
Chinchilla, derived from captive stock;
Deer Mouse and White-footed Mouse;
Degu;
Egyptian Spiny Mouse;
House Mouse;
Jerboas;
Norway Rat;
Paca;
Southern Flying Squirrel;
Striped Hamster.
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.

DOMESTIC BIRDS:

Domestic geese, ducks and muscovy
Captive-reared Mallards acquired and properly marked in accordance with the provisions of the Code of Federal Regulations;
Common Coturnix or Coturnix Quail;
Domestic chicken
Peafowl (Blue Peafowl)
Domestic guineafowl
Domestic turkey, including breeds and varieties derived from the Wild Turkey, but not including captive or captive-bred Wild Turkeys or pen-raised or game-farm Wild Turkeys;
Common pigeon or Rock Dove
DOMESTIC MAMMALS:

Domestic dog (for Hybrids, see below)
Mink, propagated in captivity for 2 or more generations (M.G.L. Ch. 128, § 8B)
Domestic ferrets which have been surgically neutered or spayed and rendered incapable of breeding (M.G.L. Ch.131, § 77)
Domestic cat, including the Pixie Bob and Bengal Cat (for Hybrids, see below)
Domestic ass, including mules, burros, and donkeys
Domestic horse
Domestic swine, but not including Wild Boars or free-living wild pigs or swine
Llama
Alpaca
Dromedary Camel
Domestic Water Buffalo or Carabao
Domestic cow
Domestic yak
Zebu cattle
Domestic goat and sheep
Domestic hamster (Golden Hamster)
Guinea Pig
Mongolian Gerbil
Laboratory rat and mouse
Domestic rabbit, but not including so-called "San Juan" rabbits

CANINE/FELINE HYBRIDS:

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.

Savannah Cats that are documented to be from the F4 generation or greater are a recognized breed of domestic cat. The Savannah is a relatively new breed that has originated from crossing the African Serval (a wild cat species) with the domestic cat (usually a Bengal). Individuals from the F1, F2, and F3 hybrid generations are not considered to be domestic cats under Massachusetts law (MGL:131, sec 77A), and are 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.