Overview of Exotic Pet Ownership in North Carolina
North Carolina is no stranger to exotic pets. From brightly colored pet snakes to awe-inspiring exotic birds, a quirky mixture of people across the state have opened their doors to stand out pets teeming with personality and charm. While the popularity of owning an exotic pet continues to increase, so too has the need for accurate information regarding the possession of such a large variety of animals for North Carolinians. Because North Carolina’s laws as they relate to exotic pets are in a constant state of flux and are referred to by many as being the "Wild West" with regard to restrictions on exotic pets, it is crucial that exotic pet owners – and those contemplating ownership – stay as informed as possible of the rules governing them.
At the same time, it seems that the health and welfare of exotic pets has never been of more importance to their owners or the general public . Several recent high-profile cases have brought the cry for improved exotic pet regulation into the media mainstream. Such a push may be a forerunner for more fundamental changes to the law in the near future. If that happens, it would be imperative for current or future owners of exotic pets to be aware of any new requirements down the line so they can follow them correctly.
What qualifies as an "exotic" pet? Well, most generally, if it’s not covered by the USDA Animal Welfare Act, it’s possible that it qualifies as "exotic" in that respect and those variables are here as follows:
Even though the law is constantly changing, it is up to date as of this writing. In order to keep up with these various laws, rules and regulations, this article is designed to help prospective and current exotic pet owners get a grasp on what the laws mean and how they pertain to them.
Regulations Regarding Exotic Pets
One of the first things that any prospective exotic owner should do is contact your local County Animal Control office to find out if the breed you are interested in is permitted in your County. Current law prohibits the possession of Grizzly bears (and other species regulated by the U.S. Fish and Wildlife Service developed a list that was incorporated into the NC General Statutes), cheetahs, African elephants, polar bears, hippopotamuses, porpoises, bottlenose dolphins, manatees, weasels, animals of the family Mustelidae (this includes otters, ferrets and badgers as the weasel), wolves, cane rats, wallabies, macaques, chimpanzees, orangutans and gibbons. Additionally, all primates are prohibited except for certain smaller primates in the Callitrichidae family (e.g. the common marmoset) under State law, unless you acquire a permit. Certain breeds of primates may be banned at the local level; check with your municipality first. The other regulation of which North Carolina owners should be aware is the U.S. Fish and Wildlife Service’s prohibition of certain species of mammals from commercial trade. This rule bans commercial trade of certain rodent species including green iguanas, potbellied pigs, Hyacinth macaw, cockatoo, black palm cockatoo, red-shouldered parakeet, gibbons, tamarins, monkeys, bushbabies, lemurs and subhuman primates. Local municipalities may have their own regulations, so be sure to check with your local animal control office.
Animals That Are Outlawed in North Carolina
North Carolina law lists all of the prohibited and allowed exotic pets. Exotic pets are divided into 3 main categories: Prohibited animals, those that are allowed with a permit and those that are allowed without a permit. Prohibited animals are as follows: baboons, rheas, hyenas, all non-human primates, elephants, marmosets, all crocodilians greater than 5 feet in length, Asian aoudad, baboons, lions, tigers, leopards, cheetas, jaguars, cougars, servals, caracals, servals, ocelots, lynxes, birds of prey, bears, African ostrich, hippos, penguins, sea and marine otters, manatees, aardvarks, hyraxes, elephants, giraffes, Okapi, and aardvarks. What animals require a permit? Any of the aforementioned animals not listed as prohibited, as well as the following: porcupines, skunks, possums, raccoons, Virginia opossum, all smaller primates such as squirrel monkeys, spider monkeys, tamarins, marmosets, meerkats, kana, servants, ocelots, servals, bobcats, margays, fishing cats, cheetahs, lynxes, sand cats, servals, civets, genets, fossa, caracals, bobcats, margays, bay coatis, kinkajous, wolverines, European pine martens, ferrets, North American otters, swift/fennec/horned/wooly/white-footed/jerboa/himalayan/mascovy/whoop/white-winged/white-browed birds, Sloths, tree porcupine, wombat, Tasmanian devil, bandicoot, numbat, wallaby, llama, alpaca, maned wolf, frontier dog, desert horned lizard, gila monster, iguana, poisonous tongue, green iguana, blue iguana, red iguana, iguanas, Christian iguana, emerald tree skink, basilisk lizard, bushy-tailed skink, red-eyed chameleon, veiled chameleon, pitted chameleon, all tortoises and turtles, and all turtles.
Substantial Penalties for Those Who Do Not Comply with the Law
As with other federal and state laws, penalties for non-compliance with North Carolina exotic pet laws can be severe for both non-compliance and for failure to obtain necessary licenses. The law in question is known as the N.C.G.S ยง14-4.1, which details an owner’s obligation to comply with lead and contain laws, as well as license their animals. Specific to exotic pets, the law states that a person may not own or harbor a specified "prohibited species or class of animals" without the required ownership permit or a "certificate of possession" that was issued pursuant to a "prohibitive species rule." Violators are subject to a fine of no more than $500 per violation, imprisonment of up to six months, or both if they are found guilty of a misdemeanor. Violators can also face confiscation of their animals and/or be required to pay a restitution fee to cover the costs of confiscation and housing. If confiscated animals are later determined to be dangerous – defined as a species capable of causing serious bodily harm to humans or domestic animals – or otherwise prohibited, a court may order that the wild animal be humanely euthanized.
How is a Violator Caught? Usually, someone will report a violation to animal control or the police. Both animal control and local police are authorized to investigate and, if necessary, confiscate animals. To support a prosecution, animal control officers must provide "sufficient evidence" that the animal in question is a "prohibited species" and is being owned in violation of North Carolina law. Sufficient evidence can include animal footprints, photographs, a witness affidavit, or the officer’s personal observation. At trial, the State of North Carolina must prove that the accused knowingly possessed or harbored an exotic animal. Any delay in reporting exotic animal possession can be construed as knowledge that the exotic animal was present on the property. Any person who knows about an illegally possessed exotic animal must report it to the authorities immediately and may be prosecuted if they fail to do so.
How to Own an Exotic Pet Legally in North Carolina
In North Carolina, the acquisition and ownership of exotic pets, while regulated, can follow a structured process that allows you to maintain certain species. To embark on this journey of responsible pet ownership, you must first be familiar with the required permits and documentation. The process generally begins by contacting your local county or city animal control office, as well as the North Carolina Wildlife Resources Commission (NCWRC) for guidance.
When considering an exotic pet, you’ll need to determine if the species is classified as "unregulated." Unregulated species are exempt from the exotic pet laws in the state, and ownership does not require any special permit or documentation. In contrast, many exotic pets are subject to restrictions. If you intend to acquire a pet that is regulated, you must submit an application form which includes information about yourself, your address, the species of exotic pet , and proof that you have secured proper facilities for the animal’s care and housing.
In certain cases, the NCWRC or your local animal control agency may require an inspection to ensure that your facilities are equipped to house the specific species. It is important to note that while North Carolina does allow personal ownership of certain exotic pets, this does not extend to the breeding, sale or trade of certain species. You must also comply with federal laws that may apply to your exotic pet ownership. Be sure to research federal regulations before acquiring an exotic pet.
If you do not comply with the laws and regulations, you may face significant legal consequences. Before deciding on the acquisition of an exotic pet, familiarize yourself with all local, state, and federal laws that may apply. Responsibility, education, and preparation will help you enjoy a safe and happy relationship with your exotic pet.
Recent Changes in the Law Regarding Exotic Pets
Several recent changes in North Carolina’s exotic pet legislation could have a significant impact on both current and future exotic pet owners of the state.
As of April 1, 2015, it is now legal to own fennec foxes, striped and spotted hyenas, skinks, red eared sliders, and Macaroni and African grey parrots. Further, motion passed to allow the ownership of all species of large constrictor snakes.
Lastly, effective June 1, 2015, it will be unlawful in North Carolina to hunt wildlife with packs of cats or dogs, or to "possess, sell or produce deer for hunting purposes with packs of dogs." However, the legislation does not provide a definition of what constitutes a "pack" of cats or dogs.
Exotic pet owners are reminded to periodically review the list of prohibited species to ensure compliance. Failure to comply with this statute may result in significant fines and/or confiscation of the animals.
Helpful Information for People Who Own Exotic Pets
The following are resources and contacts for exotic pet owners in the State of North Carolina. There are many organizations, websites, and government departments that provide support and information about exotic pet laws. The list below includes the current North Carolina General Statutes, the North Carolina General Assembly website, the North Carolina Department of Agriculture and Consumer Services, and the North Carolina Exotic Animal Coalition.
North Carolina General Statutes, Chapter 14, Article 55, Public health and Efficacy for the care of Animals
North Carolina General Assembly for new proposed laws involving exotic animals
North Carolina Department of Agriculture and Consumer Services
North Carolina Exotic Animal Coalition
Conclusion: Staying Informed and Responsible
Staying informed is the first step that you can take to ensure that you understand the various laws, regulations, and ordinances that govern the ownership of exotic pets in North Carolina. The information provided in this post is intended solely to provide you with a general overview of the legal requirements that you are responsible for, in your capacity as an owner of an exotic pet. You are responsible for staying up-to-date and in compliance with any changes to North Carolina’s laws, ordinances, rules, or regulations, as well as the laws, ordinances, rules, or regulations of your county or local municipality .
In addition to your need to stay informed, it is also recommended that you contact a qualified attorney to answer and help you better understand any questions that you may have regarding the legal requirements that apply to your situation. Whether you have been cited for an alleged violation of the law or ordinance, or are set to appear in court, a qualified attorney can help you navigate the legal system. An attorney can also represent you in any administrative proceeding that may be required of you, such as at a hearing regarding your exotic pet’s registration status.
It is our sincere hope that this post has helped you to better understand North Carolina’s laws regarding exotic pets. Hopefully, this increased understanding will also promote the humane and responsible ownership of exotic pets.