theartfulfox

[theartfulfox]

State Laws: Louisiana (Revised)

To put it simply: no, all foxes are not legal in Louisiana.

Note:

Red foxes (Vulpes vulpes) and gray foxes (Urocyon cinereoargenteus) are defined as “nongame quadrupeds” in the state of Louisiana. While nongame quadrupeds can be “raised’ by nongame quadruped exhibitors and nongame quadruped breeders, Louisiana defines “raising” as “production” (i.e. breeding for the purpose of fox/coyote hunting preserves, for chasing with hounds).

Louisiana prohibits the importation and exportation of any species of foxes or coyotes to or from Louisiana in an effort to prevent possible disease and parasite contamination of native wild canids.

While exotic, nonnative foxes are technically not regulated and therefore legal to own, they are not legal to import into the state, and there are no fox breeders in Louisiana, so owning a fox is impossible. 

The legal jargon:

TITLE 56 WILDLIFE AND FISHERIES

...

CHAPTER 1. GENERAL PROVISIONS FOR WILDLIFE AND FISHERIES PART I. WILDLIFE AND FISHERIES COMMISSION

...

§8.  Definitions

…

(89)  "Nongame quadruped" means alligators, beavers, bobcats, coyotes, gray foxes, minks, muskrats, nutrias, opossums, otters, raccoons, red foxes, skunks, and other wild quadrupeds valuable for their skins or furs.

…

PART V. TRAPPING FUR-BEARING ANIMALS OR ALLIGATORS SUBPART A. GENERAL PROVISIONS

...

§262.  Nongame quadrupeds; breeding, propagation, and exhibition

A.  Whoever desires to engage in the business of raising and/or exhibiting imported or native nongame quadrupeds shall apply to the department for a license to do so.  If it appears that the application is made in good faith, upon a payment of ten dollars, a nongame quadruped exhibitor license may be issued permitting the applicant to breed and/or exhibit such animals provided he meets rules and regulations of the department.  

B.  Whoever desires to engage in the business of raising, exhibiting, and selling imported or native nongame quadrupeds or collecting and selling wild alligator eggs shall apply to the department for a license to do so.  If it appears that the application is made in good faith, upon payment of twenty-five dollars, a nongame quadruped breeder license may be issued permitting the applicant to breed, propagate, exhibit, and sell such animals alive or sell their parts; and to kill and transport them and sell their pelts, skins, or carcasses as hereinafter provided in this Section.  

C.  Nongame quadruped breeder and exhibitor licenses shall expire on the thirty-first of December of each year.  On or before the first of December of each year, every licensee shall apply for a renewal of his exhibitor or breeder license.  In conjunction with this application, or without application if not renewing the license, the licensee shall provide a report including all information as specified by the department.  

D.  Nongame quadrupeds raised on such licensed breeding farms may be sold alive or taken for their pelts, skins, or for food according to rules and regulations of the commission.  All skins shall be tagged according to rules and regulations of the commission.  The severance tax as fixed by law shall be paid before the raw pelts or alligator skins are shipped out of state, or tanned within the state, and a written affidavit as to the number and kinds shipped or tanned shall be furnished to the department as specified.  

E.  All nongame quadruped carcasses or parts intended for sale shall be shipped, transported, sold, or offered for sale according to commission regulations.  

F.  The department may issue a permit to a duly licensed breeder to take such wild animals as needed for use as breeding stock.  The licensed breeder shall apply in writing, stating where the animals are to be taken, at what time, and in what numbers.  

G.  Whoever under the authority of this Section has in his lawful possession any such animal or parts thereof on such posted or fenced breeding area shall have a property right therein and shall be the owner thereof.  Whoever enters the nongame quadruped farm or catches, takes, or molests such animals when the area has been posted or fenced according to law shall be punished as though the animals were ordinary domestic animals and subject to the property rights of the state of Louisiana.

H.  The department may revoke the license of any person violating the provisions of this Section.  

I.  All other rules and regulations pertaining to the breeding, propagation, and sale of nongame quadrupeds shall be determined solely by the commission.  

J.  Violation of this Section constitutes a class three violation.

...

TITLE 76 WILDLIFE AND FISHERIES

...

Part V. Wild Quadrupeds and Wild Birds

...

§113. Fox/Coyote Hunting Preserve, Purchase and Sale of Live Foxes and Coyotes, Permitting YearRound Coyote Trapping

A. Purpose. These regulations are to govern the purchasing, selling and holding in captivity of live foxes and coyotes for chasing with hounds. These regulations will prohibit the importation and exportation of any species of foxes or coyotes to or from Louisiana in an effort to prevent possible disease and parasite contamination of native wild canids. Humans are subject to infection with the liver being the most common site of larval growth. The infection is termed alveolar hydatid disease (AHD). The number of deaths per number of infected individuals has been 50-75 percent. These regulations are also enacted to allow the sport of fox/coyote hunting with dogs within enclosed areas. The regulations provide general rules including licensing, permits, fees, live trapping, sale and purchase of animals, holding cage requirements, enclosure requirements, acclimation requirements and report requirements. 

B. Definitions

...

Raising―the production of red fox, grey fox, or coyotes in controlled environmental conditions or in outside facilities.

...

D. General Rules

1. No person shall take, possess, purchase or sell live foxes or coyotes, except as provided in these regulations and R.S. Title 56.

2. No person shall hold in captivity any live foxes or coyotes, except as provided in these regulations and R.S. Title 56.

3. Fox/coyote hunting preserves shall be of a type and construction such that it will insure the normal containment of foxes, coyotes and hounds.

4. Fox/coyote hunting preserves shall contain an adequate number of escape areas which are houndproof. These may be provided by maintaining thickets, brush piles, windrows, or where natural cover is insufficient, by providing manmade escapes such as culverts or houndproof feeding stations.

5. The owners of fox/coyote hunting preserves shall be required to make available to the game: a. food that is palatable, uncontaminated and nutritionally adequate to ensure normal growth and maintenance; b. water which is fresh, uncontaminated and available at all times.

6. No person shall transport, possess, purchase or sell any live foxes or coyotes taken outside the state of Louisiana. Live foxes and coyotes obtained from outside the state of Louisiana prior to the enacted date of these regulations and in possession of properly licensed persons shall be exempt.

7. No person shall transport from the state or offer for sale out of state any live foxes or coyotes.

8. Acclimation pens shall be constructed adjacent to or within an enclosure to insure the containment of foxes and coyotes and the exclusion of hounds. This requirement may be waived for "training enclosures" or in enclosures where running is discontinued for a minimum of two weeks while foxes/coyotes adjust to the enclosure environment.

9. No person may engage in the business of raising or exhibiting or otherwise possessing fox or coyotes for the purpose of operating a fox/coyote hunting preserve unless he or she has acquired and possesses a valid nongame quadruped breeder or exhibitor license.

10. A licensed trapper may offer for sale such live animals to any licensed nongame quadruped breeder or exhibitor during the open trapping season. During any such transactions, a bill of sale must be provided by the trapper to the nongame breeder or exhibitor and retained for a period of one year. WILDLIFE AND FISHERIES Louisiana Administrative Code January 2016 50

11. Permittees (trapping coyotes during the closed trapping season) will be required to use only the "soft catch" type trap not to exceed a size number 1 1/2, or a box-type trap, or a snare with a relaxing lock.

12. Permittees trapping coyotes during the closed trapping season and licensed as a nongame quadruped breeder may offer for sale such coyotes. During any such transaction, a bill of sale must be provided by the seller to the purchaser and retained for a period of one year by the purchaser.

13. It shall be unlawful to trap coyotes during the closed trapping season without a permit issued by the department.

14. Permittees will be required to check traps daily.

15. Permittees will be required to have in possession written permission from the landowners or lessee where traps are set.

16. Permittees shall release all nontarget species in a manner so as to keep stress or injury minimal.

17. It shall be unlawful to sell native wild foxes or coyotes outside the state of Louisiana.

18. Trappers and permittees who hold game for more than one day for sale shall confine animals at a rate of no more than one fox per 9 square feet and one coyote per 17 square feet. The cage must be high enough for each animal to easily sit or stand. The cage must be escape-proof and offer protection from adverse weather.

19. Fox/coyote hunting preserves shall be exempt from the commission action which prohibits the running of coyotes during the open turkey season.

20. The Department of Wildlife and Fisheries has the authority to conduct disease investigations at any time and, pending the results of the disease investigations, has the authority to quarantine fox/coyote hunting preserves if deemed necessary. The department also has the authority to prohibit the release of animals that are diseased or have been exposed to diseased animals.

21. The owners of fox/coyote hunting preserves shall be required to immediately report to the department the occurrence of any disease contracted by captive fox or coyotes. These diseases include but are not limited to rabies, canine distemper, sarcoptic mange or Echinococcus infections.

Citation: LA RS 56:8 & 56:262; LA AC 76:113

[theartfulfox]

The Artful Fox’s State Laws: Terms of Use

Hello everyone. For those that do not know, I am J.P. the sole researcher of The Artful Fox’s State Laws project. My legalities project is the most in-depth and accurate list of laws for the United States of America, and I know some people would like to use the information from my State Laws project on their own websites.

In order to use the information from The Artful Fox’s State Laws project on a website external from The Artful Fox, it is required that you cite The Artful Fox via direct hyperlink for each piece of information you use. This is the arrangement that I have with Fox Fanatic, which you can look at for an example here.

I spend an inordinate amount of time researching each and every state’s legislation. It took me months and months of blood, sweat and tears. Reading legal jargon is not easy and I spent all of my time making sure everything was as accurate and straightforward as possible.

For this reason, I do not allow direct copying/pasting or simple regurgitations of my information on other websites. People coming directly to the source (The Artful Fox) is the reward for my long and grueling work, and you must respect that.

TL;DR to use The Artful Fox’s State Laws project on a website external from The Artful Fox, the website: MUST NOT copy/paste or regurgitate summaries; MUST provide individual hyperlinks directly to The Artful Fox for the information they use.

Fox Fanatic is in good standing with The Artful Fox, and their Laws & Legalities page is a good example of what I require to use my State Laws project on another website. 

Thank you.

-J.P.

[theartfulfox]

State Laws: Tennessee (Revised)

To put it simply: yes, foxes are legal in Tennessee.

Note:

Red foxes (Vulpes vulpes) and gray foxes (Urocyon cinereoargenteus) are Class II wild animals that are native to the state. Tennessee began issuing Class II permits for red and gray foxes again in 2015. Permits cost $31 USD.

Tennessee has a list of “approved” breeders that can be bought from, however, buying from an “approved” breeder is not required as long as one obtains their fox from a legal breeder and can prove that legality with a sales receipt and USDA papers.

Nonnative (exotic) foxes are Class III wild animals and require no permits except those required by the department of agriculture. They do, however, require an import permit.

Davidson County requires one to have a minimum of 5 acres to build an outdoor enclosure.

The legal jargon:

§ 70-4-401. Crimes and offenses

(a) It is unlawful for any person to possess, transport, import, export, buy, sell, barter, propagate or transfer any wildlife, whether indigenous to this state or not, except as provided by this part and rules and regulations promulgated by the Tennessee fish and wildlife commission pursuant to this part. (b) No person shall possess Class I or Class II wildlife without having documentary evidence showing the name and address of the supplier of such wildlife and date of acquisition.

…

§ 70-4-403. Classifications

Live wildlife, kept and maintained for any purpose, shall be classified in the following five (5) classes:

(1) Class I--This class includes all species inherently dangerous to humans. These species may only be possessed by zoos, circuses and commercial propagators, except as otherwise provided in this part. The commission, in conjunction with the commissioner of agriculture, may add or delete species from the list of Class I wildlife by promulgating rules and regulations. The following is a listing of animals considered inherently dangerous:

(A) Mammals:

(i) Primates--Gorillas, orangutans, chimpanzees, gibbons, siamangs, mandrills, drills, baboons, Gelada baboons;

(ii) Carnivores:

(a) Wolves--All species;

(b) Bears--All species; and

(c) Lions, tigers, leopards, jaguars, cheetahs, cougars--All species;

(iii) Order Proboscidia: Elephants--All species;

(iv) Order Perissodactyla: Rhinoceroses--All species; and

(v) Order Artiodactyla: Hippopotamus, African buffalo;

(B) Reptiles:

(i) Order Crocodylia: Crocodiles and alligators--All species; and

(ii) Order Serpentes: Snakes--All poisonous species; and

(C) Amphibians: All poisonous species;

(2) Class II--This class includes native species, except those listed in other classes;

(3) Class III--This class requires no permits except those required by the department of agriculture, and includes all species not listed in other classes and includes, but is not limited to, those listed in subdivisions (3)(A)-(Q). The commission, in conjunction with the commissioner of agriculture, may add or delete species from the list of Class III wildlife by promulgating rules and regulations:

(A) Nonpoisonous reptiles and amphibians except caimans and gavials;

(B) Rodents--Gerbils, hamsters, guinea pigs, rats, mice, squirrels and chipmunks;

(C) Rabbits, hares, moles and shrews;

(D) Ferrets and chinchillas;

(E) Llamas, alpacas, guanacos, vicunas, camels, giraffes and bison;

(F) Avian species not otherwise listed, excluding North American game birds, ostriches and cassowary;

(G) Semi-domestic hogs, sheep and goats;

(H) All fish held in aquaria;

(I) Bovidae not otherwise listed;

(J) Marsupials;

(K) Common domestic farm animals;

(L) Equidae;

(M) Primates not otherwise listed;

(N) Bobcat/domestic cat hybrids;

(O) Hybrids resulting from a cross between a Class II species and a domestic animal or Class III species;

(P) Cervidae except white-tailed deer and wild elk. Elk originating from a legal source while held in captivity for the purpose of farming shall be regarded as Class III wildlife. All other elk shall be wild elk and shall be regarded as Class II wildlife. No person shall possess elk in captivity within the eastern grand division of the state as defined in § 4-1-202 without having documentary evidence indicating the origin of the elk being held. This documentary evidence will be presented to the agents of the department of agriculture or the wildlife resource agency upon request. Sale documentation of offspring of purchased elk is not required; and

(Q) Furbearing mammals, including those native to Tennessee, raised solely for the sale of fur;

(4) Class IV--This class includes those native species that may be possessed only by zoos and temporary exhibitors; provided, that rehabilitation facilities may possess Class IV wildlife as provided by rules established by the commission if authorized by a letter from the director of the agency:

(A) Black bear (Ursus americanus );

(B) White-tailed deer (Odocoileus virginianus );

(C) Wild turkey (Meleagris gallapavo ), including the eggs of wild turkey;

(D) Hybrids of a Class IV species other than bobcat shall be Class IV; and

(E) Animals that are morphologically indistinguishable from native Class IV wildlife shall be Class IV; and

(5) Class V--This class includes such species that the commission, in conjunction with the commissioner of agriculture, may designate by rules and regulations as injurious to the environment. Species so designated may only be held in zoos under such conditions as to prevent the release or escape of such wildlife into the environment.

§ 70-4-404. Permits; rules and regulations; fees

(a) The agency shall issue permits for possessing live wildlife as defined in this part.

(b)(1) The commission shall adopt reasonable rules for issuing permits to possess live wildlife and establishing the conditions of possessing wildlife. The conditions shall be directed toward assuring the health, welfare, and safety of animals, the public and, where necessary, the security of facilities in which the animals are kept.

(2) The executive director of the agency may authorize by letter permission to possess any class of wildlife for approved research studies or for the temporary holding of animals in the interest of public safety. The executive director may exempt specific events from the caging and handling requirements established for Class I wildlife. Approval of an exemption will be based on a written request that outlines safety precautions that must be implemented during the specified activity.

(c) Class I wildlife.

(1) Persons legally possessing Class I wildlife prior to June 25, 1991, shall obtain annually a personal possession permit to keep such Class I wildlife. To obtain a personal possession permit, such persons shall comply with all of the provisions of this part. After June 25, 1991, no new animals shall be brought into possession under authority of a personal possession permit. Persons in legal possession of one (1) or more species of Class I wildlife as of June 25, 1991, may maintain the lineage of such species up to a maximum of three (3) animals per species. Persons in legal possession of the offspring of such Class I wildlife shall have a maximum of twelve (12) months from the date of birth of such offspring to obtain appropriate permits for such offspring, or to dispose of such offspring through an appropriate commercial propagator, or by any other manner permitted by law within the state. The provisions of this section apply solely to persons in legal possession of Class I wildlife as of June 25, 1991, and shall not be construed to authorize new personal possession of Class I wildlife.

(2) The executive director shall issue a permit upon a satisfactory showing of qualifications to possess live wildlife under the following conditions:

(A) The applicant must be at least twenty-one (21) years of age;

(B) The applicant must have at least two (2) years of experience in the handling or care of the Class I species for which the applicant is applying, or, in the alternative, must take a written examination, developed and administered by the agency, evidencing basic knowledge of the habits and requirements, in regard to proper diet, health care, exercise needs and housing of the species to be covered by the permit. Experience gained while in violation of this part shall not be considered qualifying experience;

(C) The facilities for holding Class I wildlife must be located on the premises on which the permit holder resides or shall have a full-time resident caretaker to supervise the care and security of the facilities. Facilities for Class I animals may not be on premises of less than one (1) acre for a personal possession permit and three (3) acres for a commercial propagator facility permit, and may not be located in a multi-unit dwelling or trailer park; and

(D) The applicant must have a plan for the quick and safe recapture of the wildlife, or if recapture is impossible, for the destruction of any animal held under the permit. The applicant must have the legal authority to possess weapons or other equipment necessary to carry out the plan and, in fact, possess such weapons or other equipment.

(3) The permittee shall control and maintain Class I wildlife at all times in such a manner as to prevent direct exposure or contact between the animal or animals and the public; provided, that a trained elephant may be brought into contact with the public under the close supervision of a qualified trainer or handler.

(d) No person shall hold live wildlife in captivity without first obtaining the appropriate permit as provided in this part. The annual permits and fees for holding live wildlife are as follows:

(1)(A) Personal Possession. Class I: $150/animal or $1,000/facility; and

(B) Class II: $10.00/animal or $100/facility;

(2) Transfer of Ownership. A permit for transferring any Class I or II animal held under a personal possession permit. If the transfer of the animal is ordered by the agency, no transfer permit is required;

(3) Commercial Propagator. $1,000/facility for Class I wildlife;

(4) Propagator. $25.00/facility for small game birds and waterfowl; and $100/facility for all Class II wildlife except small game birds and waterfowl;

(5) Importation. $10.00/shipment or $100 per year;

(6) Temporary Exhibitor. $100/30 day period;

(7) Permanent Exhibitor. $500/year/facility;

(8) Commercial Wildlife Preserve. $150/year for big game; and $75.00/year for small game;

(9) Falconry. $40.00/year or other time period as might coincide with federal permit requirements;

(10) Qualification Examination. $10.00/examination; and

(11) Zoos, Nature Centers, Rehabilitation Centers, and Educational Exhibits Certified As Nonprofit. No charge.

§ 70-4-411. Imports; permits and papers

(a) All persons wishing to possess Classes I and II live wildlife obtained outside the state of Tennessee shall have in their possession the importation permit required by this part. The permit and all bills of lading and shipping papers relating to any wildlife that such person may have in such person's possession shall be open and available for inspection at all reasonable times by authorized agency officers and employees for the purpose of ensuring compliance with the provisions of this part.

(b) Animals brought into this state under the authority of an annual importation permit must be reported to the agency within five (5) days of the date of importation.

(c) An importation permit is required for all interstate movement of live wildlife except Class III, except no permit is required for zoos and temporary exhibitors.

Citation: TN ST §§ 70-4-401 - 417

[theartfulfox]

Thank you for bringing this to my attention, the incorrect entry has been deleted.

Here is the revised entry for South Carolina.

To put it simply: no, foxes are no longer legal in South Carolina.

Note:

The Exotic Anima Control and Regulation Act banned the private possession of foxes in 2012. Previously owned foxes were grandfathered with the following requirements:

An obtained permit from the state before the ban went…

[theartfulfox]

State Laws: South Carolina (Revised)

To put it simply: no, foxes are not legal in South Carolina.

Note:

Wild carnivores, which include foxes, are not allowed to be sold as pets within the state of South Carolina.

In addition to the above, foxes are not legal to import (”bring into this State”) into South Carolina.

Any permits for importing and possession are not given for the purpose of pets/personal possession.

The legal jargon:

SECTION 47-5-20. Definitions.

(1) "Carnivore" means a flesh-eating animal and includes those animals known to be reservoirs of rabies including, but not limited to, raccoons, foxes, skunks, and bobcats and related species including, but not limited to, coyotes, wolves, wolf dogs, weasels, civet cats, spotted skunks, and lynx or the offspring born to any combinations of crossbreeding between these wild animals and domestic dogs or cats.

...

SECTION 47-5-50. Prohibition on sale of wild carnivores as pets; sale of domesticated ferrets.

(A) No carnivore, which normally are not domesticated, may be sold as pets in this State. A carnivore kept by an individual must not be allowed to run at large and then returned to confinement. A normally wild animal indigenous to this State, if held captive for a period of time, may be released into the wild. This section does not apply to domesticated ferrets. However, no ferret may be sold in this State without proper and current vaccination against rabies. Evidence of rabies vaccination is a certificate signed by a licensed veterinarian. A person who purchases or possesses a domesticated ferret shall maintain proper vaccination treatment for it annually.

...

S.C. CODE REGS. §50-16-20 - Importation of wildlife for certain purposes prohibited; investigation; permit.

(A) It is unlawful for a person to import, possess, or transport for the purpose of release or to introduce or bring into this State any live wildlife of the following types without a permit from the department:

(1) a furbearer, a member of the family Cervidae, a nondomestic member of the families Suidae (pigs), Tayassuidae (peccaries), Bovidae (bison, mountain goat, mountain sheep), coyote, bear, or turkey (genus Meleagris). Furbearer includes, but is not limited to, red and gray fox, raccoon, opossum, muskrat, mink, skunk, otter, bobcat, weasel, and beaver;

(2) a species of marine or estuarine fish, crustacean, mollusk, or other marine invertebrate not already found in the wild, or not native to this State.

(3) a species of freshwater fish, crustacean, mollusk, or other freshwater invertebrate not already found in the wild or not native to this State. 

...

Prohibition of Sale, Purchase, Donation, or Transfer of Ownership Wildlife as Pets – The Department of Health and Environmental Control’s (DHEC) Rabies Control Act (47-5-50) prohibits the sale, purchase, donation, or transfer of ownership of nondomesticated carnivores (raccoons, foxes, skunks, bobcats, coyotes, wolves, wolf dogs, weasels, civet cats, spotted skunks, and lynx or the offspring born to any combinations of crossbreeding (hybrids) between these wild animals and domestic dogs or cats) to private individuals in this State. It is illegal to import native furbearing species into the state for any purpose except with a permit issued by the SCDNR. Requests for importing furbearing animals for private possession violate the spirit of the Rabies Control Act and will be denied. (via South Carolina Hunting & Fishing).

Citation: S.C. CODE REGS. §47-5-50 (”Rabies Control Act”) & §50-16-20; South Carolina Hunting & Fishing

[theartfulfox]

An Artful Fox Update

As many of you may have noticed, there has not been an update on this blog for several months. Don't fret, because Loki is still happy, healthy and living with me. However, there is something that is stopping me from posting on this blog.

Everyone knows what happened to Vader. After Vader's death, most of the fox blogs on Tumblr fell off the radar, mine included. Some of them have come back, but to this day I still do not feel comfortable making updates, when someone could be plotting against my beloved pet.

This trend is going to continue. I will no longer be posting to this blog, and The Artful Fox will be going on an indefinite hiatus.

Originally, I thought about deleting this blog or password protecting it to be safe. However, I knew that this blog had become a very important resource for state laws, and I knew I couldn't do either.

Speaking of becoming a very important resource for state laws, I have just posted two very important revisions to my research. I have updated the entries for Idaho and Michigan.

The original posts have been deleted, so you can read the new revisions by clicking below:

State Laws: Idaho (Revised)

State Laws: Michigan (Revised)

I will continue to revise my state laws research as necessary, when new information is found and updated. But please do not expect any other posts from this blog.

I will not be here.

I am grateful for all of the support that Loki and I received while running this blog, and for that I thank you all.

May we meet again.

-J.P.

[theartfulfox]

State Laws: Michigan (Revised)

To put it simply: yes, foxes are legal in Michigan

Note:

This is a reposting of the original state laws for Michigan. The legal jargon and notes have been updated for accuracy.

A permit to hold wildlife in captivity is now required for all red, silver and cross foxes (Vulpes vulpes), as well as any color phases that "closely resemble" said colors.

"Closely resemble" most likely includes: pearl, pearl cross, calico, et cetera. The DNR should be contacted in regards to permits.

There is no grandfather, meaning anyone who owns a red, silver, cross or closely resembling color must apply for a permit.

Excluding red, silver and cross foxes (Vulpes vulpes), all other colors are considered non-native and are recognized as domestic animals.

The only other native fox that requires a permit to hold wildlife in captivity is the gray fox (Urocyon cinereoargenteus).

Foxes that are not native to the state are considered exotic and do not require a permit to hold wildlife in captivity. This includes arctic foxes (Vulpes lagopus), swift foxes (Vulpes velox), fennec foxes (Vulpes zerda), bat-eared foxes (Otocyon megalotis), et cetera.

The legal jargon:

THE CAPTIVE WILD ANIMAL ORDER

Under the authority of section 42710, Act 451 of the Public Acts of 1994, as amended, being section 324.42710 of the Michigan Compiled Laws, the Director of the Department of Natural Resources ordered that effective March 11, 2005, the following regulations shall read as follows:

20.1 Short title.

Sec. 20.1. This order shall be known and may be cited as “the captive wild animal order.”

20.2 Meanings of words and phrases.

Sec. 20.2. For the purposes of this order, words and phrases defined in part 427, breeders and dealers, of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being sections 324.42701 to 324.42714 of the Michigan Compiled Laws, shall have the meanings ascribed to them in those sections. When used in this order, “permit to hold wildlife in captivity” or “permit” shall mean a game breeders license.

20.3 Permits.

Sec. 20.3. (1) Except as provided by section 20.4, only a person who has submitted an application to the wildlife division permit specialist for a permit to hold wildlife in captivity, being form PR 1350, in accordance with the instructions on that form, and who possesses a valid permit to hold wildlife in captivity shall be considered, for the purposes of subsection 42709(2) of part 427, breeders and dealers, of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being subsection 324.42709(2) of the Michigan Compiled Laws, “persons holding permits authorizing the possession of the game” or “licensed game breeders.” A person possessing or desiring to possess migratory birds, such as ducks or geese, shall comply with all federal regulations and permit rules in addition to state of Michigan regulations. This includes the physical marking of waterfowl by removal of the hind toe on the right foot of each bird before it reaches the age of 4 weeks or by other federally approved marking methods.

(2) A separate permit to hold wildlife in captivity is required for each separate premises although operated and owned by the same person or entity.

(3) Except as otherwise provided by this order, when a permittee secures additional numbers of animals for species already listed on the permit, the permittee shall report the additional animals on the next monthly inventory report, being form PR 1350‑2, and shall provide the minimum space requirements for the total number of animals of that species.

(4) If any information on an approved permit to hold wildlife in captivity is no longer current, an application to amend the permit must be submitted to the wildlife division permit specialist in accordance with the instructions on that form.

(5) A permit must specifically list each species held, or to be held. Before a permittee may possess a species not listed on their permit, the permittee must make application to the wildlife division permit specialist and obtain an approved amended permit to hold wildlife in captivity specifically listing the species to be acquired, except that a permittee shall be exempt from the requirement of specifically listing each species of duck held, or to be held, and from the requirement of amending a permit to include each species of duck to be acquired.

20.4 Permit requirement exemptions.

Sec. 20.4. (1) A person purchasing and removing the following live animals from a licensed premises may possess the animals without a permit provided the person does not propagate or sell the animals and provided the animals are properly identified as prescribed by section 20.9:

(a) Pheasants if they are 12 or fewer in number.

(b) Quail if they are 12 or fewer in number.

(c) Hungarian partridge if they are 12 or fewer in number.

(2) A permit to hold wildlife in captivity is not required for a person to possess pheasants, bobwhite quail, or Hungarian partridge legally acquired for the purpose of release to the wild or personal consumption, provided that a game bird release permit is obtained before, or at the same time as, the birds or their eggs are acquired, and the birds and their eggs are disposed of within 6 months of the date upon which the game bird release permit was issued.

(3) A permit to hold wildlife in captivity is not required for a person to possess game birds of the number and species authorized for release on a field dog trial permit issued by the department of natural resources.

(4) A permit to hold wildlife in captivity is not required for a person to possess game birds of the number and species authorized by a game bird hunting preserve license issued by the department of natural resources.

(5) A permit to hold wildlife in captivity is not required for a person receiving animals or eggs which are being shipped directly out of the state of Michigan.

(6) A permit to hold wildlife in captivity is not required for a person to possess raptors of the number and species authorized by a falconry permit issued by the department of natural resources and the United States fish and wildlife service.

(7) A permit to hold wildlife in captivity is not required for a person to possess cervidae species as defined by the privately owned cervidae producers marketing act, 2000 PA 190, being MCL 287.951 to 287.969.

20.5 Enclosures and sanitation; mute swan requirements.

Sec. 20.5. (1) Except as provided by subsection (2), animals held in captivity shall be confined to the licensed premises at all times. Animals shall not be chained or otherwise tethered to stakes, posts, trees, buildings, or other anchorage. Each animal shall be provided with an enclosure which meets the requirements of section 20.6, and shall be provided with rainproof dens, nest boxes, shelters, perches, and bedding as required for the comfort of the species held in captivity and to protect them against inclement weather or extreme heat. Animals in captivity shall be handled in a sanitary and humane manner and kept free as far as practicable from parasites, sickness, or disease. Permittees shall provide an enclosure of such strength and type of construction that it is impossible for the animals to escape, and shall keep all fences and enclosures properly repaired.

(2) A person may transport an animal held under permit in a temporary cage or other suitable means of confinement directly to and from a facility, for the following reasons only:

(a) Veterinary treatment of the animal.

(b) Sale, or transfer of ownership of the animal.

(c) Exhibition of mammals to the public, provided a United States department of agriculture exhibition license, specifically authorizing this activity, is possessed.

(d) Use of fox or raccoons in department authorized field dog trials, provided the fox or raccoons are not dragged, led on a leash, submerged in water, or allowed to come into contact with dogs.

(3) Mute swans possessed under permit and hatched on or after August 15, 1993, shall have 1 wing pinioned within 5 days of hatching.

(4) Mute swans possessed under permit and hatched prior to August 15, 1993, shall be marked with a numbered metal leg band supplied by the department. Records of band numbers, birds banded, birds sold or transferred to another party, and other information shall be submitted to the department according to instructions and on forms supplied by the department.

20.6 Enclosure size and amenities, requirements.

Sec. 20.6. The minimum enclosure size and required amenities for the species designated in this section shall be as follows, except that newborn mammals may remain with their parents until weaned:

Enclosure size; badger, bobcat, fox, and raccoon.

(1) Badger, bobcat, fox, or raccoon:

(a) Single animal: 8 feet long by 6 feet wide by 6 feet high.

(b) For each additional animal, increase horizontal cage size by 24 square feet.

(c) Clawing logs and a den site 2 feet by 2 feet by 2 feet high required for each animal.

(d) A climbing tree with 3 or more 4-inch diameter branches shall be available for each raccoon or bobcat. A 14-inch by 36-inch protected shelf area shall be provided for each animal. Bobcat or raccoon platforms shall be at least 3 feet above the floor; fox and badger platforms shall be 1 foot above the floor.

...

SPECIES COVERED

A Permit to Hold Wildlife in Captivity is required to possess, propagate, sell, transport, or make any other commercial or personal use of live animals defined as game or protected in Michigan. In addition, a Permit to Hold Wildlife in Captivity is required for the possession of live animals which closely resemble game or protected species and can reasonably be confused with game or protected species as determined by the Department. 

A Permit to Hold Wildlife in Captivity is required for the possession of the following game and protected animals: badger, beaver, bobcat, bobwhite quail, brant, common moorhen, coot, coyote, crow, fisher, hare, Hungarian partridge, mink, muskrat, opossum, otter, rabbit, raccoon, skunk, snipe, sora rail, squirrel, weasel, wild turkey, woodchuck, woodcock, Virginia rail, and all other native wild species of birds not defined as game.

A Permit to Hold Wildlife in Captivity is also required for the possession of the species listed within the following groups: ducks (all North American species except properly marked mallards), fox (red, gray, and silver), geese (all North American species), Grouse (ruffed and sharp-tailed), pheasants (ring-necked, Sichuan, and look-a-likes from the genus Phasianus per Types of Pheasants Regulated), swans (mute and tundra).

...

324.43101 Foxes in captivity as domestic animals; protection; construction of part.

Sec. 43101.

Silver, silver-black, black, and cross foxes, which of their nature, in the absence of efforts for their domestication, were known as wild, which are brought into or born in captivity upon a farm or ranch for the purpose of cultivating or pelting their furs, together with their offspring and increase, are domestic animals for the purpose of any statute or law relating generally to domestic animals, other than dogs and cats or other pets, or relating to farming or to animal husbandry or to the encouragement of agriculture, unless any such statute or law is impossible to apply to such fur-bearing animals. Such fur-bearing animals, together with their offspring and increase, are the subjects of ownership, lien, and all other property rights, in the same manner as purely domestic animals, in whatever situation, location, or condition the fur-bearing animals may be, and regardless of whether they remain in or escape from captivity. Such fur-bearing animals shall receive the same protection of law as, and in the same way and to the same extent are the subject of trespass or larceny as, other personal property. This part shall not be construed to include silver, silver-black, black, and cross foxes within the definition of livestock, or give any person any right to recovery for damage or destruction of the animal under the dog law of 1919, Act No. 339 of the Public Acts of 1919, being sections 287.261 to 287.290 of the Michigan Compiled Laws.

Additional:

Dear Mr. Creagh,

About two and a half years ago, I emailed the DNR's permit specialist, Casey Reitz, inquiring about nonnative foxes in the state. At the time, she told me that silver foxes were not native, and did not require a permit to hold wildlife in captivity. I have a copy of this email.

However, I just noticed that the permit to hold wildlife in captivity has been updated on 3/12/14, and it now included silver foxes.

And so, my question is this: are silver foxes that were purchased before 2013/2014/the updated circular exempt from this new change and grandfathered in? Because a permit was not required by law until now.

I'm emailing you about this matter instead of Casey Reitz, since you are the Director and I would prefer to have word from you.

Thank you,

J.P.

...

Hi J.P.,

Thank you for contacting the Michigan Department of Natural Resources Executive Division.  Your email was sent to the Wildlife Division for a response.  In the attached section of the Natural Resources and Environmental Protection Act 451 of 1994, it defines which animals are considered to be game species in Michigan.  Regarding fox, the language simply says "fox" and does not mention color phases. Statute does not specify which species of fox are regulated.  If the fox looks like a native fox then it needs a permit. If it is a species that could be closely confused with a native species, then it needs a permit.

Silver fox is a naturally occurring color phase of the native red fox. Laws were enacted to prevent people from taking wildlife out of the wild to keep them in private ownership for varying reasons. Over time selective breeding has created, "designer foxes." Many of these new phases do not look like native foxes. What we are attempting to do now is to make practical sense out of this changing situation. Therefore, we are handling privately-owned foxes that look like their wild counterparts in accordance with the original intent of the law. Fox phases that do not look like wild foxes are not treated the same as phases that look wild because they do not occur naturally in the wild.

Even though silver fox are required to have a permit to hold wildlife in captivity if being kept as a pet they are however exempt by law from the requirement if they are used for fur farming.

Your specific question is “are silver foxes that were purchased before 2013/2014/the updated circular exempt from this new change and grandfathered in? Because a permit was not required by law until now.” Based on what I outlined above, you would not be exempt from the change and will need to apply for a permit. The application and related information is attached for your convenience.

We apologize for the confusion this may have caused.

 Sincerely, 

 Shannon J. Hanna

Policy & Regulations Unit Mgr

DNR, Wildlife Division

PO BOX 30444

Lansing, MI 48909-3744

517-284-6188

hannas@michigan.gov

Citation: THE CAPTIVE WILD ANIMAL ORDER; PERMITS TO HOLD WILDLIFE IN CAPTIVITY; MI ST 324.43101

[theartfulfox]

State Laws: Idaho (Revised)

To put it simply: no, foxes are not legal in Idaho.

Note:

This is a reposting of the original state laws for Idaho. The legal jargon has been updated for accuracy.

The legal jargon:

25-236. POSSESSION, SALE, TRADE, BARTER, EXCHANGE AND IMPORTATION OF ANIMALS.

(1) No person shall possess, offer for sale, trade, barter, exchange or importation into the state of Idaho any fox, skunk or raccoon, except as provided in subsection (2) or (3) of this section.

(2)  Fur farms may possess or import any domestic fur-bearing animals with a certificate of veterinary inspection and domestic fur-bearing animals may be sold, traded, bartered or exchanged between fur farms in Idaho.

(3)  Public parks, zoos, museums, and educational institutions may possess or import the animals listed in subsection (1) of this section only if the entity possesses a permit from the department of agriculture and the imported animal is accompanied by a certificate of veterinary inspection. The department of agriculture may refuse to issue a permit if the department finds that the entity requesting the permit does not have physical facilities adequate to maintain the animal in health and safety and to prevent the escape of the animal from confinement. Public parks, zoos, museums, and educational institutions that possess a permit from the department of agriculture may sell, trade, barter or exchange any of the animals listed in subsection (1) of this section with any other entity that has a valid permit from the department of agriculture.

Citation: ID ST § 25-236

[theartfulfox]

Just to note, there is such as thing as a "fox hybrid," but they are hybrids between a red fox (Vulpes vulpes) and an arctic fox (Vulpes lagopus).

But foxes and dogs? Nope, not possible!

Friendly reminder that there is NO SUCH THING as a fox/dog hybrid!

Because dogs and foxes differ in chromosomes, they cannot produce offspring. There is NO SUCH THING as a dog that is “part fox.”

Anyone claiming to sell “fox hybrids” or “fox dogs” is trying to scam you. Anyone claiming to own one has been lied to.

[theartfulfox]

Urgent! Missing pet fox, spread the word!

Yoder the Cross fox has been missing since Thursday, January 30th.

Was last seen in the Three Oaks area, Michigan, USA.

She’s wearing a collar with her name, owner’s phone number and address on it.

If seen, please do NOT chase her or try to catch her, unless she comes to you and shows no fear/lets herself be touched.

Take a picture to help identify her and CALL her owner (269-756-3353) or CONTACT me and I’ll forward the information to her owner!

[theartfulfox]

Eep, I'm sorry, that was my fault then for misunderstanding!

For anyone who was curious, I dug up exactly what I said, and it was accompanied by a photo of me cutting up raw chicken.

No one can ever tell me I'm not a good fox mommy. I'm a damn vegetarian and I prepare raw meat for Loki every single day.

Oh yes, I am such a bad vegetarian.

/sarcasm

I think you were pretty disrespectful to vegan anon. I'm sure all you have to do is put the right amount of amino acids in a palatable concoction and away you go. =]

Let me tell you that you have no fucking clue what you are talking about and I have zero respect for anyone that thinks millions upon millions of years of evolution should bend to their dietary choices. 

Obligate carnivores (this is what snakes are, which I’m pointing out because the fact that you suggested this leads me to believe you have no idea what it means) are labeled as such because have evolved in a way that they cannot physically absorb nutrients derived from plant matter so it doesn’t fucking matter if the your veggies meet all their protein and vitamin and mineral requirements on paper, an obligate carnivores’ digestive system just cannot utilize that as a proper source of nutrients. They need meat to survive and feeding such animals a vegetarian or vegan diet will destroy their bodies. (Yes, I realize that post was written with dogs in mind but much of it can easily be applied to snakes.)

Also knowingly feeding your carnivorous pets such diets is fucking animal cruelty and neglect because you are intentionally depriving them of what they need to live healthy lives so I said at the beginning, I’ll respect you and Veg Anon once you two learn how to respect your fucking animals and basic biology.

[theartfulfox]

That was me. Although, I can’t tell if that was meant to be negative because it was sandwiched between two negative statements…

I am a vegetarian. I have been since I was about 15, but I will never ever deprive my animals of the food they need to survive. I can survive without meat, sure, but can my carnivorous pets? No.

That is cruel, and I consider that abuse.

I think you were pretty disrespectful to vegan anon. I'm sure all you have to do is put the right amount of amino acids in a palatable concoction and away you go. =]

Let me tell you that you have no fucking clue what you are talking about and I have zero respect for anyone that thinks millions upon millions of years of evolution should bend to their dietary choices. 

Obligate carnivores (this is what snakes are, which I’m pointing out because the fact that you suggested this leads me to believe you have no idea what it means) are labeled as such because have evolved in a way that they cannot physically absorb nutrients derived from plant matter so it doesn’t fucking matter if the your veggies meet all their protein and vitamin and mineral requirements on paper, an obligate carnivores’ digestive system just cannot utilize that as a proper source of nutrients. They need meat to survive and feeding such animals a vegetarian or vegan diet will destroy their bodies. (Yes, I realize that post was written with dogs in mind but much of it can easily be applied to snakes.)

Also knowingly feeding your carnivorous pets such diets is fucking animal cruelty and neglect because you are intentionally depriving them of what they need to live healthy lives so I said at the beginning, I’ll respect you and Veg Anon once you two learn how to respect your fucking animals and basic biology.

[theartfulfox]

Can you get more than one fox? Like, will they get along? Be friends?

Yes, you can, but I wouldn’t recommend getting two kits at the same time, because if you do, there is a possibility that they will will bond to each other and not to you. Two kits also means twice the poop, twice the pee, twice the destruction… I would get kits at least a year apart.

Also, you’re not really supposed to keep two different species together. While I know one person that has done it, another fox owner that I know that has three different species of foxes says they should not be kept together because they speak different “languages” and generally don’t mix. You also need to keep in mind that red foxes will actually hunt arctic foxes in the wild in areas where their habitats overlap!

[theartfulfox]

oh wow, the kennel seems much nicer though with the new roofing. I saw a pre-assembled weather proof roof attachment at the tractor supply, do you how well those hold up?.. although, I may just go the route you went the second time seeing as here in FL we do get lots of rain.

I think it looks a lot nicer with the corrugated panels too :)

Anyway, I have not had experience with the kennel roof kits from Tractor Supply. I know I recommended them at one point, but the one I saw there over the summer did not cover all four sides. It was two sides that slanted upward into an upside down "V" shape and the other two sides were not covered.

I also think the kennel roof kits are just pipe and tarps. If your fox is really destructive or really wants to get out... it will easily be able to rip through the tarp. When I took the old green tarp off of Loki's kennel when I renovated the roof, there were tears and bite marks in it.

Personally, though, I really like the panels. The new roof recently held up over a foot of snow without flinching!

[theartfulfox]

I noticed you have state laws listed for owning a fox, I wanted to know that if that applies to fennec foxes are well as the classic red?

They mostly apply to red foxes, but if I found out that reds weren’t legal and another species was, I did make note of that. A lot of states will only regulate native animals (usually red foxes and gray foxes), which leaves exotic foxes like fennecs to be fair game.

[theartfulfox]

Yes, please do not throw on a cheap roof and be done with it! That is bad, bad, bad! I used a welded wire and tarp combo and as Tara said, my roof collapsed during a huge rainstorm!

Here's the damage, look at the wall on the left:

After that, my dad helped me renovate Loki's kennel, and we switched the roof to slightly slanted corrugated panels to help drain the rainwater.

And the finished product:

hello again! I was wondering how you go about keeping Vader outdoors, I'm starting to build my enclosure and wanted to know what would be nice to include besides the obvious. Plus, did you need to train him (as you would a dog) for being out there? I'm going to have a kennel indoors and outdoors I just would like to know how I should prepare, yknow? Sorry if that soundsa bit confusing. lol

Roofing and flooring are the most important aspects of the enclosure- you have to make sure they’re fox proof! Ours is made of pre-assembled panels, but I’ve seen other people have success with making their own. Just so long as you use tough enough wire! I recommend making your own roof (we made ours out of more of the pre-assembled panels) and give it a little bit of a slope so water doesn’t accumulate during rainy days (Jodi of theartfulfox had her roof collapse after water accumulation!).  Since our enclosure sits on concrete, we never had to worry about the floor aspect- but I recommend burying wire or panels a few inches below the dirt.  I found that a cat tree (or any sort of platforms really) is a very important addition to the space- foxes like to be able to get up high and observe their territory- er, at least Vader does, he’s kind of a royal pain though.  I also recommend a kiddie pool filled with something (dirt, sand, leaves, even water!) to keep them busy and let them bury things!  For example, I bought meal worms and buried them in Vader’s dirt dig- he went bonkers!You might also want to include a small hutch/doghouse of some sort for your fox to make a den in.  And to use as shelter from the elements! It took some training with our indoor kennel (lots of screaming and sleepless nights!) but his outdoor one he loved immediately. Of course, the fox has to be a little older before you put it out alone. As long as there’s plenty of enrichment and space, your fox will love their enclosure! P.S. fellow fox blogs, feel free to reblog with pics of your enclosure! :)

[theartfulfox]

Thank you for the state laws posts. My husband and I are thinking about getting a fox, but we were planning on moving to a different state and couldn't find the laws for that one. But you did all the research and work and it was much easier to find. So this makes me excite that we can actually get one now. Thanks

You are most welcome! Although, you should always double check your state's laws - I am human and can make mistakes - and you also need to research your county's and city's laws! Your city and/or county can be more restricting than your state!