Is Illegally Keeping Wildlife a Federal Crime?

You may have seen exotic wild animal stories like the show “Tiger King,” where people keep or breed exotic wild animals. How are people able to keep wild animals given the illegal wildlife trade? Some states allow ownership of wild animals even when the federal government restricts the interstate trading of wildlife.

Keeping a wild animal may be legal, but importing, exporting, or selling wild animals internationally or across state lines may be against the law. If you want to know more about the criminal laws involving the federal wildlife trade, talk to a federal criminal defense attorney.

Is It a Crime To Trade or Sell Wild Animals?

The short answer is yes, it is a federal felony to trade or sell exotic wild animals, fish, or plants in interstate commerce. However, certain states do allow some private ownership of exotic wild animals. Wild animal ownership depends on state regulations where you live.

In the year 1900, Congress passed the Lacey Act, a wildlife protection law making wildlife trafficking a federal crime. According to the Lacey Act, it is illegal to do any of the following with wildlife for interstate commerce:

• Take
• Acquire
• Import
• Export
• Transport
• Possess
• Sell

These protections include certain species of mammals, birds, reptiles, amphibians, fish, mollusks, crustaceans, arthropods, coelenterates (jellyfish, coral), other invertebrates, and plants.

The Lacey Act empowers federal agencies to target smugglers or poachers who profit from criminal poaching activity. This includes people involved in the sale, trade, and importation of protected wildlife species or their individual parts, whether across interstate borders or the U.S. border. Wild animal parts often smuggled can include rhinoceros horns, ivory elephant tusks, or tortoise shells.

The Fish and Wildlife Conservation Act also protects threatened species, whether they are alive or dead, and any part connected to them. This includes the eggs or offspring of a wild animal, plant, or fish. Typically, domesticated animals, dogs, cats, and livestock are not included in these laws.

Another federal law, the Endangered Species Act (ESA), also makes it illegal to import, export, deliver, transport, or ship any endangered wildlife.

How Is Wildlife Trafficking Investigated?

Special agents employed by the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration work hard to track down dealers and smugglers who earn illegal profits for selling protected species of wildlife or any protected species’ wildlife product.

The tactics used by law enforcement to investigate drug trafficking cases are often similar to those of the U.S. Fish and Wildlife Service agents. Agents investigating wildlife trafficking discover the identity of mass suppliers by relying on undercover agents who buy the illegally trafficked wild animals, fish, or plants, and then get the dealers to “out” their wildlife trafficker, or supplier source in exchange for a beneficial plea bargain.

What Are the Penalties for Keeping Protected Species, Plants, or Fish?

The criminal act of taking or selling wildlife, fish, and plants that have a market value of $350 or more means a federal felony charge and the following penalties for a conviction:

• Up to five years in prison
• Up to a $20,000 fine for each violation

Civil penalties include:

• Up to a $10,000 fine for each violation
• Forfeiture of any boats, vehicles, aircraft, and other equipment used to transport the protected species

Where Can I Keep Wildlife, Fish, and Plants?

Exotic animal ownership depends on which state you live in. Some states, like California, fully ban private ownership of exotic wild animals like bears and jaguars. Some states only have partial bans against private ownership of exotic wild animals and allow you to own certain exotic wild animals with a permit.

States like Wisconsin have few regulations over the private ownership of exotic wild animals like tigers. Pennsylvania, for example, does allow you to own a tiger, as long as you meet the exotic wild animal permit requirements. However, the Lacey Act still prohibits the transport, sale, or trade of these wild animals across state lines.

If you think you could be prosecuted for a wildlife crime, contact a criminal defense attorney who can help you understand your legal rights.