“Can I Have A Pet Monkey In Utah?” is a question many animal enthusiasts might ask. This article, brought to you by PETS.EDU.VN, dives deep into Utah’s legal landscape surrounding primate ownership, revealing whether keeping a monkey as a pet is feasible. Discover the permits, regulations, and considerations involved, and understand the complexities of exotic animal ownership in the Beehive State.
At PETS.EDU.VN, we strive to provide reliable and updated information on all things pet-related. Delve into the details about animal welfare, wildlife management, and responsible pet ownership. Learn about the nuanced legal framework, the ethical considerations, and the practical aspects of caring for exotic animals.
1. Understanding Utah’s Wildlife Regulations
Utah’s approach to exotic animal ownership is defined by its Wildlife Resources Code, which grants the state authority to regulate the possession and use of animals. The administrative rules issued under this code classify great apes as “prohibited” species. This means possessing, collecting, or importing great apes in Utah is severely restricted.
1.1. The “Prohibited” Species Classification
The classification of great apes as “prohibited species” significantly impacts the possibility of owning one as a pet. Utah Administrative Code R657-3-24(p)(x) explicitly lists all great ape species, including gorillas, chimpanzees, and orangutans, as prohibited. This classification stems from concerns about the potential detrimental impact these animals could have on wild populations, the environment, and human health and safety.
1.2. Obtaining a Certificate of Registration
While the “prohibited” classification presents a significant hurdle, there is a process through which individuals can theoretically obtain a certificate of registration to possess these animals for personal, scientific, or exhibition use. However, the procedure is complex and effectively eliminates private possession for most individuals.
1.3. The Role of Federal Permits and Variances
To even begin the process of obtaining a certificate of registration, an applicant must first possess a federal permit. Next, they need to seek a variance to possess the prohibited species. Federal permits for pet usage are extremely rare. This requirement makes it nearly impossible for individuals to keep great apes as pets.
1.4. Commercial Use vs. Personal Use
Interestingly, the regulations seem to favor commercial use over personal use regarding the possession of great apes. If an individual possesses the necessary federal permits and can demonstrate that the criteria outlined in the regulations have been met, the exhibition, scientific, and educational use of apes is allowed once a certificate is issued, according to Utah Administrative Code R657-3-14(5).
1.5. Anti-Cruelty Laws and Great Apes
It is important to note that Utah’s anti-cruelty laws do not extend to all great apes in all circumstances. While the law prohibits acts of cruelty, such as torture and neglect, certain exceptions exist. Animals owned or kept by an Association of Zoos and Aquariums (AZA)-accredited zoological park or temporarily in the state as part of a USDA-licensed circus or traveling exhibitor are excluded from the definition of “animal” under these laws. This means that apes kept in these facilities may not be protected from cruelty under Utah law.
1.6. Additional Resources at PETS.EDU.VN
PETS.EDU.VN offers a wealth of information on animal welfare laws and responsible pet ownership. Discover resources on ethical treatment, proper care, and the legal responsibilities of pet owners. Learn about the importance of providing humane and healthy conditions for all animals, including exotic species.
2. Different Uses of Great Apes Under Utah Law
Utah law regulates the possession of great apes based on their intended use. The legal requirements differ for private possession, zoos, sanctuaries, and scientific research facilities.
2.1. Private Possession for Hobby or Pet Use
Possessing a great ape as a pet is only possible in Utah with a federal permit and adherence to state requirements for obtaining a certificate of registration. Getting a federal permit (such as an endangered species permit or USDA license under the Animal Welfare Act) for pet usage is highly unlikely.
2.2. The “Prohibited” Classification and Personal Use Restrictions
All great apes are classified as “prohibited” for collection, importation, and possession under Utah Administrative Code R657-3-24(p)(x). Section R657-3-17, titled “Collection, Importation or Possession for Personal Use,” states that the state does not issue certificates of registration for prohibited animals, except as provided in R657-3-36 or the rules and guidebooks of the Wildlife Board.
2.3. Defining “Personal Use”
“Personal use” is defined as possessing and using an animal for a hobby or its intrinsic pleasure, without receiving any compensation through selling, bartering, trading, exchanging, breeding, hunting, or any other use, as outlined in Utah Administrative Code R657-3-4(25). Therefore, someone wanting an ape as a pet must apply for a variance reviewed by both the Certification Review Committee and the state Wildlife Board.
2.4. The Variance Procedure Explained
R657-36 outlines this variance procedure. To request a variance, an individual must submit a request to the Certification Review Committee. The request must include identification information and “a statement of the facts and reasons forming the basis for the variance,” according to Utah Administrative Code R657-3-36(2)(iii). The Committee reviews the application and submits its recommendation to the Wildlife Board, which approves or denies the request based on the criteria in Section R657-3-14, as stated in Utah Administrative Code R657-3-36(5)(a).
2.5. General Possession Factors
Section 14 lists factors that the Department must consider before issuing or renewing a certificate of registration for animal possession, including:
- Public health, welfare, and safety
- Health, welfare, safety, and genetic integrity of wildlife, domestic livestock, poultry, and other animals
- Ecological and environmental impacts
- Suitability of the applicant’s holding facilities
- Applicant’s experience
- Ecological or environmental impact on other states, as outlined in Utah Administrative Code R657-3-14(1).
2.6. Federal Permits and Endangered Species
A section dealing with endangered species implies that a certificate of registration must also be accompanied by necessary federal permits. If a person is importing any species determined by the U.S. Fish and Wildlife Service to be endangered or threatened under the federal Endangered Species Act, they must obtain a certificate of registration from the state division, a federal permit from the U.S. Fish and Wildlife Service, and an entry permit number from the Department of Agriculture and Food, according to Utah Administrative Code R657-3-8(1).
2.7. The Unlikelihood of Obtaining a Certificate for Personal Use
The necessity of first obtaining a federal permit effectively prevents personal use of any endangered or threatened great ape in Utah. The strict variance process makes it highly improbable that such certificates would be issued.
2.8. Roadside and Traditional Zoos (Class C USDA Licensees)
Even for zoos, all great apes are classified as “prohibited.” However, the regulations outline a process for obtaining a certificate of registration for commercial uses.
2.9. Defining “Commercial Use”
“Commercial use” includes any activity where a person in possession of an animal receives consideration for that animal or its use. It also covers instances where the person expects to recover the cost of keeping the animal through selling, bartering, trading, breeding, or displaying the animal for entertainment, advertisement, or business promotion, as stated in Utah Administrative Code R657-3-3(12)(a), (b).
2.10. Restrictions on Commercial Use
Under Section R657-18, titled “Collection, Importation or Possession of a Live Animal for a Commercial Use,” a certificate of registration will not be issued for importing or possessing a prohibited animal for commercial use, except as provided in Subsection (b) or R657-3-36, according to Utah Administrative Code R657-3-18(4)(a).
2.11. Exceptions for Zoos, Circuses, and Film Companies
Subsection (b) allows the division to issue a certificate of registration to a zoo, circus, amusement park, aviary, aquarium, or film company to import, collect, or possess live species of prohibited animals if the division believes the commercial use is beneficial to wildlife or significantly benefits the general public without materially harming wildlife, as outlined in Utah Administrative Code R657-3-18(4)(b).
2.12. Discretionary Issuance of Certificates
The division limits certificate issuance to facilities that keep the prohibited species in a park, building, cage, enclosure, or other structure primarily for public exhibition, viewing, or filming, as stated in Utah Administrative Code R657-3-18(4)(c). The issuance of the certificate is then discretionary based on the standards of subsection (b) above.
2.13. The Variance Procedure for Exhibitors
If an exhibitor cannot meet these criteria, they can use the variance procedure outlined in R657-36. This involves submitting a variance request to the Certification Review Committee with identification information and “a statement of the facts and reasons forming the basis for the variance,” as specified in Utah Administrative Code R657-3-36(2)(iii). The Committee then considers the application and submits its recommendation to the Wildlife Board, which approves or denies the request based on the issuance criteria in Section R657-3-14, according to Utah Administrative Code R657-3-36(5)(a).
2.14. Standards for General Possession (Zoos)
Section 14 lists factors for general possession that the Department must consider before issuing or renewing a certificate of registration:
- Public health, welfare, and safety
- Health, welfare, safety, and genetic integrity of wildlife, domestic livestock, poultry, and other animals
- Ecological and environmental impacts
- Suitability of the applicant’s holding facilities
- Applicant’s experience
- Ecological or environmental impact on other states, as outlined in Utah Administrative Code R657-3-14(1).
2.15. Federal Permits for Commercial Exhibitors
Another section dealing with endangered species implies that a certificate of registration must also be accompanied by necessary federal permits. If a person is importing any species determined by the U.S. Fish and Wildlife Service to be endangered or threatened under the federal Endangered Species Act, they must also obtain a certificate of registration, a federal permit from the U.S. Fish and Wildlife Service, and an entry permit number from the Department of Agriculture and Food, according to Utah Administrative Code R657-3-8(1). Therefore, commercial exhibitors in Utah must be USDA-licensed before seeking a certificate of registration.
2.16. Animal Sanctuaries
Utah’s regulations do not explicitly describe the process for a sanctuary to obtain a certificate of registration to possess prohibited ape species.
2.17. Applying for a Certificate for Sanctuaries
It is unclear whether the scientific or educational use process applies to sanctuaries, as they do not typically engage in wildlife exhibition. Certificates of registration are not usually issued for collecting, importing, or possessing prohibited animals. Therefore, a sanctuary would have to fall under the following exception:
(b) The division may issue a certificate of registration to a university, college, governmental agency, bona fide nonprofit institution, or a person involved in wildlife research to collect, import or possess live or dead animals classified as prohibited if, in the opinion of the division, the scientific or educational use is beneficial to wildlife or significantly benefits the general public without material detriment to wildlife.
UT Admin Code R657-3-20(b).
2.18. The Variance Process for Sanctuaries
If this exception fails, the variance process for personal use (detailed in Section A above) may be considered.
2.19. Federal Permits for Sanctuaries
Sanctuaries must also obtain federal permits to possess endangered species. If a person imports any species determined by the U.S. Fish and Wildlife Service to be endangered or threatened under the federal Endangered Species Act, they must also obtain a certificate of registration, a federal permit from the U.S. Fish and Wildlife Service, and an entry permit number from the Department of Agriculture and Food, as stated in Utah Administrative Code R657-3-8(1).
2.20. Scientific Testing and Research Facilities
Generally, Utah restricts the possession and importation of all apes, defining them as “prohibited species.”
2.21. Obtaining a Certificate for Scientific or Educational Use
The regulations outline a process for obtaining a certificate of registration from the Division of Wildlife Resources for scientific or educational use. This process is discretionary and may be lengthy if a variance from the Wildlife Board is needed.
2.22. Defining “Scientific Use”
“Scientific use” means “the possession and use of an animal for conducting scientific research that is directly or indirectly beneficial to wildlife or the general public,” as defined in Rule R657-3 and Utah Administrative Code R657-3-4(30).
2.23. Restrictions on Scientific Use
R657-3-20, titled “Collection, Importation or Possession for Scientific or Educational Use,” states that certificates of registration are not issued for collecting, importing, or possessing live or dead animals classified as prohibited, except as provided in Subsection (b) or R657-3-36.
2.24. Exceptions for Scientific Use
Subsection (b) states:
The division may issue a certificate of registration to a university, college, governmental agency, bona fide nonprofit institution, or a person involved in wildlife research to collect, import or possess live or dead animals classified as prohibited if, in the opinion of the division, the scientific or educational use is beneficial to wildlife or significantly benefits the general public without material detriment to wildlife.
UT Admin Code R657-3-20(b).
2.25. The Variance Process for Scientific Use
If a person cannot meet these criteria, they can use the variance procedure outlined in R657-36. This requires submitting a variance request to the Certification Review Committee with identification information and “a statement of the facts and reasons forming the basis for the variance,” as described in Utah Administrative Code R657-3-36(2)(iii). The Committee then considers the application and submits its recommendation to the Wildlife Board, which approves or denies the request based on the issuance criteria in Section R657-3-14, according to Utah Administrative Code R657-3-36(5)(a).
2.26. Additional Factors for Scientific Use
Section 14 lists factors for general possession that the Department must consider. The Wildlife Board also considers these additional factors for scientific use of a controlled species:
- Validity of the objectives and design
- Likelihood the project will fulfill the stated objectives
- Applicant’s qualifications to conduct the research, including education or experience
- Adequacy of the applicant’s resources to conduct the study
- Whether the scientific use is in the best interest of the animal, wildlife management, education, or the advancement of science without unnecessarily duplicating previously documented scientific research, as stated in Utah Administrative Code R657-3-14(2).
2.27. Federal Permits and Endangered Species (Scientific Use)
While the scientific use section does not specify the procedure for scientific use of an endangered species, another section implies that a certificate of registration must be accompanied by necessary federal permits. If a person is importing any species determined by the U.S. Fish and Wildlife Service to be endangered or threatened under the federal Endangered Species Act, they must also obtain a certificate of registration, a federal permit from the U.S. Fish and Wildlife Service, and an entry permit number from the Department of Agriculture and Food, as stated in Utah Administrative Code R657-3-8(1).
2.28. Anti-Cruelty Laws and Scientific Research
While great apes are not commonly used in chemical testing, they are sometimes part of scientific research in a few states, which would be exempt under some anti-cruelty laws. Utah exempts certain entities, such as zoos and rodeos, under its cruelty laws but does not appear to exempt bona fide scientific research.
2.29. Further Exploration at PETS.EDU.VN
At PETS.EDU.VN, you can delve deeper into the specific regulations and processes for each type of animal use. Discover the necessary steps, requirements, and considerations for responsible animal ownership. Learn about the ethical considerations involved in scientific research and the importance of animal welfare in all contexts.
3. Understanding Utah’s Laws Affecting Great Apes
Utah’s laws address the use and possession of great apes through several avenues. The Wildlife Resources Code prohibits anyone from holding protected wildlife in captivity. The administrative rules for this chapter specifically prohibit all species of great apes for collection, importation, and possession. A person can seek a certificate of registration to possess or use an ape if they meet the stated criteria. Some great apes are also protected from intentional cruelty and neglect under the state’s anti-cruelty provision.
3.1. Wildlife Resources Code and Protected Wildlife Rules
Utah’s Title 23 of the wildlife code grants the state authority to regulate wildlife matters, including importing, possessing, keeping, and utilizing wildlife as a commercial venture, as stated in Utah Code Annotated (U.C.A.) 1953 § 23-13-2(g), (j), (m), and (n).
3.2. Defining Wildlife
Great apes are included in the general definition of “vertebrate animals living in nature,” according to U.C.A. 1953 § 23-13-2(49). Section § 23-13-4 further states that it is unlawful to hold protected wildlife in captivity, except as provided by the code or the Wildlife Board’s rules and regulations. The Division of Wildlife Resources has extensive regulations dealing with the use and possession of both native and exotic species, including great apes.
3.3. Which Great Apes Are Covered?
Under the promulgated rules, all great apes are prohibited for collection, importation, and possession.
(x) Great apes (All species) , which include gorillas, chimpanzees and orangutans, family Hominidae are prohibited for collection, importation and possession;
UT Admin Code R657-3-24(p)(x).
3.4. What Is Prohibited?
Great apes are defined as “prohibited species.” The regulation defines “prohibited species” as:
. . . a species or subspecies of animal that if taken from the wild, introduced into the wild, or held in captivity, poses a significant detrimental impact to wild populations, the environment, or human health or safety, and for which a certificate of registration shall only be issued in accordance with this rule and any applicable federal laws.
UT Admin Code R657-3-4(27).
3.5. Obtaining a Certificate of Registration
The rule outlines the procedure for obtaining a certificate of registration for all types of species identified in the rule. A person may possess a prohibited or controlled animal only after applying for and obtaining a certificate of registration from the division or Wildlife Board as provided in this rule, as specified in Utah Administrative Code R657-3-28(1).
3.6. Issuance Criteria for Certificates
The division may issue a certificate of registration granting the transfer and possession of that animal only if the applicant meets the issuance criteria provided in Section R657-3-14, as stated in Utah Administrative Code R657-3-28(3). Section 14 lists factors for general possession (with additional factors for scientific use) that the Department must consider before issuing or renewing a certificate of registration:
- Public health, welfare, and safety
- Health, welfare, safety, and genetic integrity of wildlife, domestic livestock, poultry, and other animals
- Ecological and environmental impacts
- Suitability of the applicant’s holding facilities
- Applicant’s experience
- Ecological or environmental impact on other states, as outlined in Utah Administrative Code R657-3-14(2).
3.7. Grounds for Application Denial
The application may be denied for misrepresentation of material information, violation of a Utah wildlife resources law or rule, or if holding the animal at the proposed location violates federal, state, or local laws, as stated in Utah Administrative Code R657-3-14(4). The collection or importation and subsequent possession of an animal may be granted only upon a clear demonstration that the criteria established in this section have been met by the applicant, according to Utah Administrative Code R657-3-14(5).
3.8. Additional Requirements
Different uses of prohibited species may also have additional requirements under separate sections of the rule. See Section II for more on these requirements.
3.9. Standards for Great Apes Kept Under R657-3
There are no Utah standards geared toward the specific needs of apes or any other primates. Section R657-3-6 requires that any animal possessed under the authority of a certificate of registration:
. . . must be maintained under humane and healthy conditions, including the humane handling, care, confinement, transportation, and feeding, as provided in:
(a) 9 CFR Section 3 Subpart F, 2002 ed., which is adopted and incorporated by reference;
(b) Section 76-9-301; and
(c) Section 7 CFR 2.17, 2.51, and 371.2(g), 2002 ed., which are incorporated by reference.
UT Admin Code R657-3-6(1).
3.10. Anti-Cruelty Provision
The section also has an anti-cruelty provision. If a person intentionally, knowingly, or with criminal negligence tortures or seriously overworks an animal or fails to provide necessary food, care, or shelter, they commit animal cruelty, as stated in Utah Administrative Code R657-3-6(2).
3.11. Penalties for Violations
The Wildlife Resources Code provides penalties for both violating the law and the promulgated rules. Violating any provision of this title is a class B misdemeanor, while violating any rule or proclamation of the Wildlife Board is an infraction, according to U.C.A. 1953 § 23-13-11.
3.12. Utah’s Cruelty Law and its Limitations
Utah’s cruelty provisions do not cover great apes in all circumstances. The law defines “animal” as “any live, vertebrate nonhuman creature,” according to U.C.A. 1953 § 76-9-301(1)(b)(i).
3.13. Covered Conduct
Both affirmative acts of cruelty, such as torture or unjustified killing, and conduct such as failing to provide necessary food, water, care, or shelter for an animal in the person’s custody are included.
3.14. Exceptions to the Definition of “Animal”
However, exceptions to the definition of “animal” exclude those animals “owned or kept by a zoological park that is accredited by, or a member of, the American Zoo and Aquarium Association or temporarily in the state as part of a circus or traveling exhibitor licensed by the United States Department of Agriculture under 7 U.S.C. 2133,” according to U.C.A. 1953 § 76-9-301(1)(b)(ii)(Aa), (Cc).
3.15. Implications of the Exceptions
Thus, apes kept in zoos or in certain animal exhibitions would not be protected from cruelty under Utah law.
3.16. Explore Further at PETS.EDU.VN
PETS.EDU.VN provides in-depth information on animal rights, welfare, and the legal frameworks that govern animal treatment. Understand the nuances of animal cruelty laws and how they apply to different species and situations. Learn about the ethical responsibilities of pet owners and the importance of advocating for animal protection.
4. Conclusion: The Feasibility of Pet Monkey Ownership in Utah
Utah’s regulations, issued under the Wildlife Resources Code, effectively prohibit the possession and importation of great apes. Obtaining a certificate of registration requires a variance for personal use, and other uses such as exhibition and scientific use require further review by the Utah Wildlife Board. The regulations suggest that any possession of an endangered species first requires federal permits. Therefore, only those with licenses issued by the U.S. Fish and Wildlife Service or the USDA may obtain a certificate of registration in Utah. While the state mandates humane care and handling of all animals in captivity by adopting federal standards, there are no regulations specific to the needs of apes.
4.1. The Need for Federal Permits
Federal permits are essential, making it extremely difficult to legally own a great ape as a pet in Utah. The stringent regulations and the “prohibited” classification create significant barriers for private individuals.
4.2. Considerations for Commercial and Scientific Use
While commercial and scientific uses are possible, they require extensive scrutiny and adherence to strict federal and state regulations. The process is complex, discretionary, and demands a clear demonstration of benefit to wildlife or the general public.
4.3. Advocating for Animal Welfare
While the legal landscape may seem restrictive, it is important to remember that these regulations are designed to protect both the animals and the public. Advocating for responsible pet ownership, supporting ethical treatment of animals, and staying informed about wildlife regulations are crucial steps in promoting animal welfare.
4.4. Further Reading and Resources at PETS.EDU.VN
Visit PETS.EDU.VN for a comprehensive guide to exotic animal ownership, animal welfare laws, and responsible pet care. Discover the resources you need to make informed decisions about pet ownership and to ensure the well-being of all animals.
5. Frequently Asked Questions (FAQ) About Monkey Ownership in Utah
5.1. Is it legal to own a monkey as a pet in Utah?
Generally, no. Great apes are classified as “prohibited” species, making private ownership very difficult.
5.2. What permits do I need to own a monkey in Utah?
You would need a federal permit and a certificate of registration from the Utah Division of Wildlife Resources.
5.3. Can zoos and research facilities own monkeys in Utah?
Yes, but they must meet strict requirements and obtain the necessary permits and certificates.
5.4. Are there any exceptions to the “prohibited” species rule?
Exceptions may be made for scientific, educational, or commercial uses that benefit wildlife or the general public.
5.5. What are the penalties for illegally owning a monkey in Utah?
Violating wildlife laws can result in misdemeanors and infractions.
5.6. Where can I find more information about Utah’s wildlife regulations?
Visit the Utah Division of Wildlife Resources website or PETS.EDU.VN for detailed information.
5.7. How does Utah define “prohibited” species?
A species that poses a significant detrimental impact to wild populations, the environment, or human health and safety if possessed.
5.8. What is the variance procedure for owning a prohibited species?
It involves submitting a request to the Certification Review Committee and approval from the Wildlife Board.
5.9. Do Utah’s anti-cruelty laws protect monkeys in all situations?
No, there are exceptions for animals kept in AZA-accredited zoos or USDA-licensed circuses.
5.10. What standards of care are required for monkeys in captivity in Utah?
Animals must be maintained under humane and healthy conditions, as outlined in federal regulations.
6. Discover More at PETS.EDU.VN
At PETS.EDU.VN, we are dedicated to providing accurate, reliable, and comprehensive information on all aspects of pet ownership and animal care. Whether you are a seasoned pet owner or considering bringing a new animal into your life, our resources can help you make informed decisions and provide the best possible care for your furry, feathered, or scaled companions.
6.1. Explore Our Extensive Library of Articles
Our website features a vast library of articles covering a wide range of topics, including:
- Choosing the right pet for your lifestyle
- Understanding animal behavior and communication
- Providing proper nutrition and exercise
- Recognizing and preventing common health problems
- Navigating the legal aspects of pet ownership
- Advocating for animal welfare and conservation
6.2. Connect with Our Community of Pet Lovers
Join our vibrant online community of pet lovers to share your experiences, ask questions, and connect with other passionate animal enthusiasts. Our forums and social media channels provide a supportive and informative environment for pet owners of all kinds.
6.3. Find Local Pet Services and Resources
Use our directory to find local pet services and resources, including veterinarians, groomers, trainers, and shelters. We are committed to connecting pet owners with the best possible care and support in their communities.
6.4. Stay Up-to-Date with the Latest Pet News and Trends
Our blog and newsletter keep you informed about the latest pet news, trends, and research. Stay up-to-date on important topics such as animal health, nutrition, and behavior.
6.5. Contact Us
We are always happy to answer your questions and provide assistance. Please feel free to contact us with any inquiries or feedback.
Address: 789 Paw Lane, Petville, CA 91234, United States
WhatsApp: +1 555-987-6543
Website: PETS.EDU.VN
6.6. Embrace Responsible Pet Ownership with PETS.EDU.VN
pets.edu.vn is your trusted resource for all things pet-related. Join us in our mission to promote responsible pet ownership, animal welfare, and the human-animal bond. Together, we can create a better world for animals and the people who love them.
Disclaimer: The legal information provided in this article is for informational purposes only and does not constitute legal advice. Please consult with a qualified attorney for advice on specific legal issues.
