Laws

CAPTIVE SQUIRREL REGULATIONS

Holding of captive squirrels range from unlicensed with stipulations (MN/SC/SD/AR), to licensed (FL/MI/IN/OR), to strictly prohibited (NY/MA/CA/VT). DO NOT call your city, county or state and ask about licensing your “pet” squirrel. This will result in a visit from animal control or State Fish & Wildlife and they will seize it in most states. They will find a way into your house if they have to get a warrant. Do online research first on your state, county and city laws/ordinances and contact us. If you keep a squirrel in a prohibited state do not broadcast it to friends, neighbors or ANYONE or the squirrel will probably be reported, seized and most likely destroyed. Even in captive “squirrel friendly” Florida where an EASY to get permit is required you must have obtained lawfully, provide proper care/housing, not exhibit to public, and not hold a rehab license. Some state F&W Department’s have broader search powers due to exigent circumstances. Take lesson from Pennsylvania where Fish and Game were made aware of “Nutkin” the SC transplanted pet squirrel: https://caselaw.findlaw.com/pa-superior-court/1238226.html

Interstate transportation of captive squirrels ranges from prohibited to import permit required depending on the state you are traveling though. Regardless a current APHIS form 7001 filled out by a licensed veterinarian is required for all interstate travel even where legal: https://www.aphis.usda.gov/library/forms/pdf/APHIS7001.pdf

Interstate travel with squirrels is generally regulated at the state level with exceptions being endangered/threatened species like the Big Cyprus or Southern (Sherman’s) Fox Squirrel and those illegally captured/obtained. You should have a breeder receipt or a letter from your vet stating they are lawfully obtained. Proper documentation will eliminate the possibility of prosecution under The Lacey Act (16 U.S.C. §§ 3371–3378), a federal conservation law that prohibits trade in wildlife, fish, and plants that have been illegally taken, possessed, transported, or sold. This link will give you a general guide but the patchwork of state laws is complicated. The courts have ruled that law enforcement officers may search a “mobile conveyance” or vehicle without a warrant if the officers have established probable cause to believe the vehicle contains contraband or evidence of a crime – IE: you get stopped and a squirrel is spotted in a cage on the rear seat. Please contact us if you need advice on how to transport a squirrel while on vacation, for a squirrel event or during a move. https://www.avma.org/public/PetCare/CVI/pages/transporting-wildlife.aspx

I highly recommend if your squirrel is legal in your home state and you want to travel you obtain a USDA Class C exhibitors license. This requires an inspection and your caging, feeding and enrichment needs to be correct. https://www.aphis.usda.gov/animal_welfare/downloads/forms/APHIS_Form_7003-7003A_Class-C_AppKit.pdf

Most states that do issue licenses or permits require an application, inspection and approval by the permitting or law enforcement division. I have been through this process in several less restrictive states and it is a straightforward process.

This link with hovermap will give some insight. References to squirrels in captivity are listed in the laws of many states: https://www.animallaw.info/content/map-private-exotic-pet-ownership-laws

Key to state laws: RED Highly restrictive, will seize and destroy. YELLOW May issue license depending on circumstances, contact Squirrel Forum for assistance. GREEN No license required, very few restrictions. Please contact us if you have updated information.

  • Alabama – No licenses issued except for rehab and education
  • Alaska – No licenses issued except for rehab and education
  • Arizona – Legal with license, easy to obtain. Must have proper housing and care.
  • Arkansas – No license needed. Up to 6 squirrels only. Must have proper housing and care
  • California – No licenses issued except for rehab and education. CA policy is seize and destroy.
  • Colorado – No licenses issued except for rehab and education – CO policy is seize and destroy.
  • Connecticut – No licenses issued except for rehab and education
  • Delaware – No licenses issued except for rehab and education
  • Florida – Florida now requires a free “Class 3” license, easy to obtain and not aggressively enforced by Fish & Wildlife. Must have proper housing/care, not exhibit, and may not be taken from the wild
  • Georgia – No licenses issued except for rehab and exhibition
  • Hawaii – Not legal except for zoos – no squirrels are native to Hawaii and therefore not allowed for import.
  • Idaho – No licenses issued except for rehab and education
  • Illinois – Legal to hold with Class A Wild Game Breeder Permit ($10.50 online)*
  • Indiana – Legal with license if not taken from the wild. Must have proper housing and inspection
  • Iowa – Legal if lawfully acquired and hold an education permit. Illegal to catch & hold Iowa native wildlife
  • Kansas – No licenses issued except for rehab and education
  • Kentucky – May issue license if not taken from wild (with documentation) and after application/inspection.
  • Louisiana – No licenses issued except for rehab and education
  • Maine – No licenses issued except for rehab and education. Maine’s policy is to seize & destroy all NR squirrels.
  • Maryland – No licenses issued except for rehab and education
  • Massachusetts – No licenses issued except for rehab and education
  • Michigan – Legal with license. Must have proper care, housing and inspection
  • Minnesota – No license required for lawfully obtained with proof. License req for rehab
  • Mississippi – No licenses issued except for rehab and zoo. Transport through permit may be issued for travel*
  • Missouri – No licenses issued except for rehab and education
  • Montana – No licenses issued except for rehab and education
  • Nebraska – No licenses issued except for rehab and education
  • Nevada – Unrestricted in rural areas except Las Vegas and Reno, must provide proper care and housing
  • New Hampshire – No licenses issued except for rehab and education
  • New Jersey – Legal with Captive Game Permit and for rehabbers – must be lawfully obtained.
  • New Mexico – Legal with license, difficult to obtain
  • New York – No licenses issued except for rehab and education
  • North Carolina – No licenses issued except for rehab and education
  • North Dakota – License for lawfully obtained only (USDA breeder or from state where legal). Inspection req*
  • Ohio – No licenses issued except for rehab, propagation and education. For prop lic must not be taken from wild*
  • Oklahoma – No licenses issued except for rehab. OK to import if lawfully acquired from breeder. Must obtain import license and have annual inspection*
  • Oregon – Legal with license. Must have proper housing and inspection
  • Pennsylvania – Legal with propagators or menagerie license. Must come from PA licensed breeder. Must have proper housing and inspection. “Possibly” covered if brought into PA from a state where legal (Nutkin’s case law).
  • Rhode Island – No licenses issued except for rehab and education
  • South Carolina – Legal to hold without license – must be lawfully acquired and have proper housing and care.
  • South Dakota – Legal if lawfully acquired out of state w/ documentation. Illegal to catch & hold S Dakota native wildlife
  • Tennessee – Legal by statute interpretation to hold but director of TWRA states no.
  • Texas – Legal with license, difficult to obtain.
  • Utah – No licenses issued except for rehab and education – rare exception for education. Seizure state*
  • Vermont – No licenses issued except for rehab and education, very few issued and only to facilities, they seize and destroy as per director.
  • Virginia – No licenses issued except for rehab and education holding (must have actual program)
  • Washington – No licenses issued except for rehab and education
  • West Virginia – No license needed. Must have proper housing and care
  • Wisconsin – Legal with license. Must have proper housing and care
  • Wyoming – Legal with license, difficult to obtain

* Denotes recent update of information

The truth about “Squirrel Friendly” Florida

Squirrel holders talk about how “pet squirrel friendly” Florida is. It is one of the better states for holding properly cared for captive squirrels but there are limitations & restrictions – let’s look at it:

68A-6 Captive Wildlife rules

Wildlife Not Requiring a Permit

The following species do not require a permit for personal possession as long as no other Rule or Statute applies.  Examples include, but are not limited to, rules for Threatened or Endangered Species, hunting regulations, rehabilitation regulations, and sale regulations:

  • Squirrels; Chipmunks

Exceptions to this rule include squirrels not lawfully acquired – IE: taken from the wild, rehabilitated without a rehabilitator’s license, threatened; Big Cyprus Fox Squirrel. Technically your squirrel has to be the progeny of a lawfully captive bred squirrel by a USDA breeder licensee. Again FL F&W will not bother you unless there is a complaint, someone gets bitten or you do something stupid like putting a squirrel for sale on Craigslist. 

Example from FL Statutes:

Game Mammals and Birds

A Game Farm License is required for captive rearing of native or nonnative game birds and game mammals.  This license does not authorize the taking of or keeping of any game removed from the wild. Game mammals include:  deer, gray squirrel, rabbits, wild hogs in those areas where specified, and nonnative species generally considered game such as elk, antelope and buffalo.

You could loose your squirrel if it came from the wild and you do not have a rehabilitator’s license. So basically all “pet” squirrels in Florida came from someone who gave it to you who lawfully received it from a USDA licensed breeder – you get the idea….

Caging requirements 68A-6.0126 Caging requirements for squirrels

(e) Squirrels and tree shrews.

  1. Arboreal squirrels/tree shrews.
  2. For up to two animals, a cage 4 feet by 4 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.
  3. Each cage shall have climbing apparatus and gnawing items.

If there is a complaint and FL F&W wants to make your life miserable they can inspect you for meeting the minimum housing standards and size. If it does not they may seize and/or fine you. In reality you will not lose your squirrel if it is in a clean double critter nation with a nest box/bag, gnawing toys, proper food and water. If it is in a small hamster cage or your house is a filthy pig stye they will seize it. 

I have polled MANY FL F&W officers and they are not concerned about pet squirrels unless you are causing a problem or not properly caring for them. Seizures of squirrels in FL are usually tied to other complaints. Don’t be a hoarder, live like a pig and not expect a seizure if someone complains. 

Note: FL Licensed Rehabilitators must have an education permit to hold. 

Rehabbers Are Not Exempt

Vermont went after excellent rehabber Amy Brown for keeping an NR blind squirrel after being told she could by a F&W Officer: https://www.wcax.com/2021/03/03/rehabilitator-says-state-threatening-to-shut-her-down-over-squirrel/

Vermont is so bad they threatened to come after her after she moved out of state with the squirrel! Luckily her new home state of New Hampshire (Live Free or Die) granted her a license. 

Seizure Cases

Do not put your squirrel in this position! Do your research and follow state & federal law. Many states allow possession and import if you simply follow the rules. If you live in an unfriendly state do not broadcast that you have a “pet” squirrel.

Family in Trouble for Bringing Squirrel Across State Lines

Large image on homepages
 

Living in Florida, Reba and Tommy Morse often helped rehabilitate wild animals that were injured. One such creature was Grace, a squirrel taken to the veterinarian last fall after its head got trapped in a toy truck. The vet called the Morses, who helped nurse Grace back to health and then kept her as a pet—until the family moved to Alabama and Grace was seized by state wildlife services. 

“Acting in response to complaints from the public,” the Alabama Wildlife and Freshwater Fisheries (WFF) confiscated Grace and four other squirrels from the Morses’ new home, according to a press release. The squirrels “were being kept in captivity contrary to state law.”

In addition to charges for squirrel possession, WFF officials are also “investigating” whether the Morses illegally transported a wild rodent into Alabama. If so, they could face federal charges under the Lacey Act. 

The agency wants us to know we are dealing with dangeous criminals, pointing out that one of the Morses “was ticketed in Florida in 2013 for …  rehabilitating wildlife without a permit.” Heaven forbid someone aid an animal without the proper paperwork! You should have to pay the state to help save a squirrel’s life, obviously.

“We cannot turn a blind eye to these violations,” said WFF Director Chuck Sykes. “The animals have to be confiscated. It may not be the popular thing to do, but it is our job to protect the public from the potential threats that wild animals pose to humans. In one of those cases last year, a man in Marshall County suffered serious injuries, including the loss of vision in one eye.”

According to AL.com, the squirrels were turned over to an animal rehabilitator with the proper permit. From here, they will either be returned to the wild or—if deemed unfit for living on their own in the wild—wind up euthanized.

———————————————————————————

In the case of “Nutkin” these Pennsylvania people got off lucky on a loophole. Don’t put yourself in this position!

Squirrel owners gathering case to keep pet, avoid fine

The Morning Call News, May 13, 2003

Resolving a Schuylkill County Court case in which a couple were fined for keeping a squirrel as a pet has proved to be a tough nut to crack.

The state Game Commission two months ago said it would not try to take the squirrel if owners Barbara and Jean V. Gosselin of North Manheim Township paid a $155 fine for having the animal in the first place.

But the Gosselins instead have appealed the case to county court and say they will subpoena the head of South Carolina’s Department of Natural Resources legal department to prove their case.

The case was to have been heard in county court last week but was postponed at the Gosselins’ request. Their attorney, Dirk Berger of Orwigsburg, Schuylkill County, said a new court date has not been set.

“Our trial has once more been postponed, mostly because the judge wants it settled out of court, but they won’t give up, and neither will we,” Barbara Gosselin said.

The Gosselins in December were fined by a state Game Commission officer for having Nutkin, a gray squirrel they brought with them from South Carolina and have kept as a pet for nine years.

District Justice James Ferrier of Orwigsburg in February found them guilty of illegal possession of wildlife and fined them $155.

Wildlife Conservation Officer William Dingman said the Gosselins were to turn over the pet squirrel to a wildlife rehabilitation specialist but instead claimed the squirrel escaped.

The commission said it would not pursue the matter if they paid the fine, but the Gosselins say they possessed the squirrel legally in South Carolina and therefore did not violate Pennsylvania law.

“The Game Commission is not upholding its own law, which says that if an animal is legally possessed in another state, it can be legally brought to Pennsylvania,” Berger said.

But commission spokesman Jerry Feaser said it’s “illegal to bring these types of animals into the state without a permit” and quoted a 1992 law that prohibits, among many other things, “game or wildlife held in captivity or captive bred in another state or nation.”

But Berger said the statute Feaser quoted is not the one listed on the citation given to the Gosselins. They were cited under an act that contains an exclusion allowing the import of an animal legally obtained in another state, Berger said.

“The animal was legally obtained in South Carolina, and that is all that is needed,” he said. “If what the Game Commission is saying now is true, then they have two laws that are diametrically opposed. That’s entirely possible, but from a legal standpoint does not help their case.”

Feaser refused to reply, saying he would not comment “on any issue pertaining to the legal action.”

To back up their claim that the squirrel was obtained legally, the Gosselins have added Buford S. Mabry Jr., chief counsel of the South Carolina Natural Resources Department, to their witness list for the hearing.

Mabry did not return telephone calls seeking comment, but Paul League, who also is counsel for that department, said the state’s laws make it possible to legally keep a squirrel as a pet.

“It is not illegal under the right circumstances, though it is something we strongly discourage, as squirrels can cause tremendous damage,” League said.

He said that to legally possess a squirrel in South Carolina, you must take the squirrel within 100 yards of your home or during the state’s six-month hunting season.

“The way the law is written, it is possible to have a squirrel as a pet, perhaps even easy, since they are fairly easy to catch,” League said.