Great Ape Laws by State

 

The following table briefly describes each state's laws concerning great apes. The great ape family generally includes bonobos, chimpanzees, gorillas, and orangutans. Below the short description of each state's laws on possession of great apes are links to discussions on the laws. Some states include both an overview of the laws and detailed legal discussions. This is because those states have more complex laws that need both an overview and longer analysis. Other states simply link to the detailed legal discussion. These discussion were written between 2011 and 2013.

 

Alabama

Private Possession ALLOWED

Summary: In Alabama, gorillas, chimpanzees, bonobos, orangutans and gibbons are considered “Class 1” wildlife, which means that they are among the most heavily regulated wild animals in the state. Although the possession and use of apes is heavily regulated in certain areas, such as display and exhibition, it is virtually unregulated in other areas.

Overview of Laws

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Alaska

Private Possession BANNED

Summary: In Alaska, gorillas, chimpanzees, bonobos, orangutans, and gibbons are considered “game” animals which are regulated by the state’s Department of Fish and Game (DFG). In general, it is illegal to import and possess apes without a DFG permit.

Overview of Laws

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Arizona

Private Possession BANNED

Summary: In Arizona, most species of apes including chimpanzees, gorillas, orangutans, and bonobos are classified as “restricted live wildlife” by the Arizona Game and Fish Commission (GFC) and the Arizona Game and Fish Department (GFD). According to GFC’s Live Wildlife rules, it is generally illegal to keep “restricted” apes without a GFD-issued license. The agency does not issue licenses to keep restricted apes as pets or assistance animals.

Overview of Laws

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Arkansas

Private Possession is BANNED

Summary: In Arkansas, gorillas, chimpanzees, bonobos, orangutans, and gibbons are protected because of their status as “endangered species” under state law. The Arkansas Game and Fish Commission (GFC) prohibits the importation, transportation, sale, purchase, and possession of endangered species unless the animals were legally acquired and are held under a permit (public zoos are exempt).

Overview of Laws

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California

Private Possession BANNED

Summary: In California, all gorillas, chimpanzees, orangutans, bonobos, and gibbons are classified as “wildlife” that must be restricted by the state for their own health and welfare. According to the legislature, it is necessary to regulate the import, possession, use, and treatment of Great Apes.

Overview of Laws

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Colorado

Private Possession BANNED

Summary: Since 1994, Colorado’s Pet Animal Care and Facilities Act (PACFA) has banned the import, possession, sale, and transfer of apes. Generally, it is illegal to import, possess, or sell apes for use as pets; but federally licensed exhibitors (like circuses, zoos, animal acts, and some wildlife sanctuaries), scientific research facilities, and disabled people can freely import, possess, buy, and sell those animals.

Overview of Laws

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Connecticut

Private Possession BANNED

Summary: Under Section 26-40a, gorillas, chimpanzees, bonobos, and orangutans are classified as “potentially dangerous animals” which may not be possessed by the general public. All federally licensed or registered exhibitors and research facilities are exempt from the ban; however, the Connecticut Department of Environmental Protection (DEP) prohibits the importation of potentially dangerous apes by many exhibitors (except zoos, nature centers, and municipal parks).

Overview of Laws

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Delaware

Private Possession ALLOWED BY PERMIT

Summary: In Delaware, the importation, possession, and sale of apes are governed by the state’s Endangered Species laws and the Exotic Animal laws. Section 601 of the Conservation Code does not allow the possession of any endangered species except by permit or license issued by the Director of the Division of Fish and Wildlife. These permits appear discretionary and criteria are not in the regulations.

Overview of Laws

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District of Columbia (D.C.)

Private Possession BANNED

Summary: Washington D.C. does not have any statutes or regulations that specifically address Great Apes. Instead, the District has a blanket ban on all animals that are not specifically exempt by statute. Because they are not exempt from the ban, it is illegal to import, possess, and sell gorillas, chimpanzees, bonobos, orangutans, and gibbons within the municipality.

Overview of Laws

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Florida

Private Possession BANNED

Summary: In general, a state permit is required to import or possess apes. The state does not issue permits to keep apes as pets. The state does issue permits to import and possess apes for commercial or scientific uses to applicants who are qualified by age and experience and who have appropriate facilities. Permittees must comply with stringent legal requirements for the housing, care, maintenance, and use of apes.

Overview of Laws

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Georgia

Private Possession BANNED

Summary: Under the state’s Wild Animals Law, that privilege will not be granted unless “it can be clearly demonstrated” that those actions will not “pose unnecessary risk to Georgia’s wildlife and other natural resources or to the citizens of and visitors to this state.” All species of apes are classified as “inherently dangerous” animals and as a result are among the most heavily regulated animals in the state.

Overview of Laws

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Hawaii

Private Possession BANNED

Summary: In Hawaii, gorillas, chimpanzees, bonobos, orangutans, and gibbons are heavily regulated because of their dual status as both endangered/threatened species and restricted animals.

Overview of Laws

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Idaho

Private Possession ALLOWED WITH PERMIT

Summary: In Idaho, gorillas, chimpanzees, bonobos, orangutans, gibbons, and all other nonhuman primates are classified as “deleterious exotic animals” which are dangerous to the environment, livestock, agriculture, or wildlife of the state. As a result of this classification, it is illegal to import or possess an ape without a Deleterious Exotic Animal permit issued by the Idaho State Department of Agriculture (ISDA).

Overview of Laws

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Illinois

Private Possession BANNED

Summary: As of January 1, 2011, the possession of Great Apes is banned in Illinois. However, circuses, zoos, and other exhibitors, research facilities, and animal refuges are exempt from the ban. Those exempt facilities are not required to obtain state permits to possess or display apes.

Overview of Laws

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Indiana

Private Possession BANNED UNLESS USDA LICENSED

Summary: In Indiana, the importation, possession, and sale of certain species of apes are restricted under the state’s Endangered Species laws, the Department of Natural Resources’ (DNR) Exotic Mammal rules, or both.

Overview of Laws

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Iowa

Private Possession BANNED

Summary: In 2007, Iowa passed the Dangerous Wild Animals Act (DWA) which classifies all Great Apes as “dangerous wild animals” and restricts the purposes for which they may be imported or possessed.

Overview of Laws

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Kansas

Private Possession ALLOWED

Summary: In Kansas, it is legal for anyone to import, possess, buy, and sell any species of ape for any purpose. There are no state permit or registration requirements for gorillas, chimpanzees, bonobos, orangutans, or gibbons; however, those species are protected under the Federal Endangered Species Act, and activities involving those animals may require federal permits.

Overview of Laws

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Kentucky

Private Possession BANNED

Summary: In Kentucky, all chimpanzees, gorillas, bonobos, orangutans, and gibbons are classified as “inherently dangerous” exotic wildlife by the Department of Fish and Wildlife Resources (DFWR). Section 150.280 of the Fish and Wildlife Resources Law directs the Department of Fish and Wildlife Resources (DFWR) to develop a list of “potentially damaging” species of wildlife and to prohibit the transporting or holding of those animals.

Overview of Laws

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Louisiana

Private Possession BANNED

Summary: According to the Louisiana Wildlife and Fisheries Commission (LWFC), the possession of certain nonhuman primates “poses significant hazards to public safety and health,” and “is detrimental to the welfare of the animals.” Under La. Rev. Stat. Ann. § 56:6(31), a Louisiana Wildlife and Fisheries Commission (LWFC) regulation make it illegal to possess any species of nonhuman primate except for those permitted uses (which does not include possession as pets).

Overview of Laws

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Maine

Private Possession BANNED

Summary: While Maine does not ban the private possession of great apes, the state only issues licenses to keep apes to a select few. The state of Maine controls possession and importation of great apes under its exotic pet law and accompanying regulations. Private possession of great apes in the state is allowed but quite limited. However, state law and accompanying regulations clearly allow the use of apes and other wild animals in exhibitions, wildlife rehabilitation, and research facilities.

Detailed Legal Discussion

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Maryland

Private Possession BANNED

Summary: Maryland regulates possession of Great Apes both expressly via state law as well as indirectly via reference to federal law. At the state level, it bans the importation, sale and transfer of dangerous animals through its anti-cruelty law. Maryland does not define the term “dangerous animal,” but section (b) lists all non-human primates as one of eight categories of animal that “[a] person may not import into the State, offer for sale, trade, barter, possess, breed, or exchange….” 

Detailed Legal Discussion

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Massachusetts

Private Possession BANNED

Summary: Although Massachusetts does not have a law that specifically addresses Great Apes, several state laws cover them as protected endangered species. Its Endangered Species Act bans just about all activities related to the acquisition, possession, transport and sale of an endangered species. The Act's definition of “endangered species” specifically includes animals covered under federal law, encompassing Great Apes.

Detailed Legal Discussion

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Michigan

Private Possession BANNED UNLESS POSSESSION PERMIT FROM U.S. FISH & WILDLIFE

Summary: Under state law, it is illegal to take, possess, transport, import, export, process, sell, offer for sale, buy, offer to buy, or receive for shipment, any species of wildlife that is listed as threatened or endangered under the Endangered Species Act (ESA), except with a permit issued by the U.S. Fish and Wildlife Service (FWS). All species of apes are listed as either threatened or endangered under the ESA.

Overview of Laws

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Minnesota

Private Possession BANNED

Summary: While there is no direct law governing who may own a great ape in Minnesota, there are, however, laws in various parts of the Minnesota code that have some limited application to great apes.  Under Chapter 8. Importation, Sale and Possession of Inherently Dangerous Wild Animals, all primates in the Family Pongidae are classified as "animals inherently dangerous to humans." This means that it is unlawful for a person to possess such an animal unless he or she holds a permit.

Detailed Legal Discussion

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Mississippi

Private Possession ALLOWED WITH PERSONAL POSSESSION PERMIT

Summary: Mississippi law directly regulates Great Apes by a law that bans the importation and possession of certain wild animals deemed "inherently dangerous." In addition, the state also addresses Great Apes in its general anti-cruelty law as well as its endangered species provisions.

Detailed Legal Discussion

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Missouri

Private Possession ALLOWED IF REGISTERED WITH LOCAL LAW ENFORCEMENT.

Summary: Under Missouri law, all gorillas, chimpanzees, orangutans, bonobos, and gibbons are classified as “dangerous wild animals.” Because of their status as “dangerous wild animals,” the possession of all species of apes is regulated throughout the state and any person possessing an ape must register the animal with the local law enforcement agency. Although the dangerous wild animal laws do not restrict the import, possession, or use of apes in Missouri, other state laws do.

Overview of Laws

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Montana

Private Possession BANNED

Summary: While the state of Montana controls possession and importation of “exotic wildlife” by law, great apes are not specifically identified or addressed. In the regulations, great apes are specifically defined as a "prohibited species " meaning they “may not be possessed, sold, purchased, exchanged, or transported in Montana, except as provided. . .” In addition, Montana law addresses the commercial use of great apes in what it terms, “roadside menageries,” where animals are kept in captivity for the purpose of exhibition or attracting trade.

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Nebraska

Private Possession POSSIBLY ALLOWED BY PERMIT

Summary: Nebraska, like many other states, addresses the question of who may possess a Great Ape by reference to federal law. Nebraska's Nongame Endangered Species Conservation Act states that it is "unlawful for any person to take, possess, transport, export, process, sell or offer for sale, or ship nongame wildlife in need of conservation...." As with other states, Nebraska also has exceptions to the ban against possessing endangered species under its provisions concerning possession of captive wildlife.

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Nevada

Private Possession ALLOWED

Summary: Nevada does not have any laws that directly address the protection of great apes. While the state of Nevada controls possession and importation of native endangered species by law, great apes are not specifically identified or addressed. Nevada’s administrative code also exempts “monkeys and other primates” from the permitting requirements required for possession, transport, and sale of other wild animals. In addition to the lack of prohibition on private ownership of great apes, there is a list of commercial uses that are allowed.

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New Hampshire

Private Possession BANNED

Summary: In the state of New Hampshire, there is no specific law that contains an outright ban on private ownership of great apes. However, there are laws that address the importation and possession of wildlife. New Hampshire also has laws that address endangered species, animal cruelty, and the importation and possession of wildlife. Additionally, importation and possession of great apes is an area that is strictly regulated under New Hampshire law.

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New Jersey

Private Possession BANNED

Summary: While New Jersey does not expressly forbid possession of great apes, personal possession is effectively banned by state regulations dealing with endangered and “potentially dangerous” species. Further, the state Nongame and Endangered Species Conservation Act bars the taking, possession, transportation and sale of endangered species. Great Apes are not specifically named, but rather are included by reference to the federal endangered species list.

Detailed Legal Discussion

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New Mexico

Private Possession ALLOWED

Summary: New Mexico regulates the possession of great apes by administrative regulation and reference to the federal endangered species list. This prohibition applies primarily to private ownership by the general public. There is a list of commercial uses that are allowed. It does, however, cover them by reference to federal law. New Mexico prohibits any possession, transport, commerce, or taking of federal protected endangered species.

Detailed Legal Discussion

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New York

Private Possession BANNED

Summary: In New York, it is illegal to import, possess, or sell gorillas, chimpanzees, orangutans, bonobos, and gibbons for use as pets. Because apes are classified as “wild animals” under state law, they can only be imported, possessed, and sold by certain listed entities, including wildlife sanctuaries, educational institutions, and federally licensed exhibitors. The use of Great Apes by those entities is heavily regulated because of their status as endangered or threatened species.

Overview of Laws

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North Carolina

Private Possession ALLOWED

Summary: While the state of North Carolina does not prohibit the possession of great apes, the law does allow cities and counties to regulate possession of dangerous animals by law. North Carolina also indirectly regulates the possession of great apes by reference to the federal endangered species list. In addition, the state declares the unlawful sale, possession for sale, or buying of any wildlife a Class 2 misdemeanor.

Detailed Legal Discussion

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North Dakota

Private Possession ALLOWED WITH LICENSE

Summary: Generally, in North Dakota, if a person obtains the correct license, he or she can keep an ape as a pet, an exhibitor, a zoo, or for any other non-prohibited purpose. The state board of animal health has categorized great apes as nontraditional livestock. In order to possess nontraditional livestock, including a great ape, a private owner must first obtain a license. Great apes receive very limited protections under Montana’s endangered species law.

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Ohio

Private Possession BANNED

Summary: The state of Ohio controls possession and ownership of great apes under a new dangerous wild animal law. This law applies primarily to private ownership. Like other states, Ohio does not define great apes as “endangered” under its own endangered species law. It does, however, cover them by reference to the federal endangered species list.

Detailed Legal Discussion

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Oklahoma

Private Possession BANNED

Summary: Oklahoma does not have a law specifically addressing great apes; instead, it is unlawful for an individual to possess a great ape in the state of Oklahoma under the state’s endangered species law. Great apes are generally protected from intentional abuse and neglect under the state’s anti-cruelty law. Unlike many other states, the law does not exempt scientific research facilities from its provisions.

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Oregon

Private Possession BANNED

Summary: In Oregon, chimpanzees, gorillas, orangutans, bonobos, and gibbons are all classified as “exotic” animals that pose health and safety risks to the community. In 2010, the state implemented a ban on the private possession of apes, but certain individuals are still allowed to keep pet apes with an Oregon Department of Agriculture (ODA) exotic animal permit. Also, it is illegal to breed any species of ape within the state.

Overview of Laws

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Pennsylvania

Private Possession PERMIT REQUIRED

Summary: While the state of Pennsylvania controls possession and importation of “exotic wildlife” by law, the definition of “exotic wildlife” is vague as to whether it includes great apes. Instead, Pennsylvania regulates the possession of great apes by administrative regulation and reference to the federal endangered species list. Pennsylvania’s administrative code addresses the commercial use of great apes in menageries with a USDA Class C Exhibitor permit.

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Rhode Island

Private Possession PERMIT MAY BE REQUIRED

Summary: The state of Rhode Island controls possession and importation of great apes by law. The law prohibits the importation, receiving, or possession of certain wildlife, including primates, without a valid permit. Interestingly, this prohibition applies primarily to commercial ownership, while one of the main exceptions to the law is the importation of wild animals as personal pets. Rhode Island prohibits any commerce of federal protected endangered species.

Detailed Legal Discussion

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South Carolina

Private Possession BANNED

Summary: In the state of South Carolina, there is no specific law that mentions great apes or contains an outright ban on private ownership of great apes. Any protection great apes receive in the state is due to their status as federally-protected endangered species. Regulations ban the possession of federally-listed endangered or threatened species except by scientific or conversation permit issued by the state.

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South Dakota

Private Possession BANNED

Summary: Generally, in South Dakota, it is unlawful to possess a great ape in the state of South Dakota under the state’s endangered species law. Violation of that chapter is a misdemeanor. In the event that the endangered species law is bridged, South Dakota requires possessors of “captive nondomestic mammals” to obtain a permit.

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Tennessee

Private Possession ALLOWED WITH PERMIT

Summary: Under Tennessee’s exotic animal law, great apes are considered Class I wildlife, meaning that permitees must obtain a permit and meet housing requirements for the animals. Tennessee also indirectly regulates the possession of great apes by reference to the federal endangered species list. In addition, the state declares the unlawful commercial use of wildlife a Class A misdemeanor, or a Class E felony if the animal is valued at $500 or more.

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Texas

Private Possession ALLOWED WITH CERTIFICATE OF REGISTRATION

Summary: In 2002, the Texas legislature enacted the Dangerous Wild Animal Act, which classifies some species of apes including gorillas, chimpanzees, and orangutans as “dangerous wild animals,” and regulates the possession of those animals. The import, possession, use, and treatment of the various species of Great Apes are regulated differently, depending on whether they are considered “dangerous wild animals,” or not.

Detailed Legal Discussion

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Utah

Private Possession PROBABLY BANNED

Summary: Utah does not have a law dealing with great apes, but addresses use and possession through regulations issued under the authority of the state’s Wildlife Resources Code. Additionally, only some great apes are protected under Utah’s anti-cruelty laws.

Detailed Legal Discussion

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Vermont

Private Possession BANNED

Summary: While the state of Vermont does not prohibit the possession of great apes, the law does contain detailed requirements for possessors. Like other states, Vermont does not define great apes as “endangered” under its own endangered species law. Instead, it covers great apes by reference to federal law. Vermont prohibits the taking, possession, or transport of such species unless an exception applies.

Detailed Legal Discussion

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Virginia

Private Possession BANNED

Summary: Virginia does not have a specific law that prohibits the possession of apes or otherwise addresses their care.  While the Department of Game and Inland Fisheries has issued a regulation restricting the importation and possession of animals “detrimental to the native fish and wildlife resources of Virginia,” no primates are listed. Virginia’s endangered species law is one such law that limits possession.

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Washington

Private Possession BANNED

Summary: In Washington, all gorillas, chimpanzees, orangutans, bonobos, and gibbons are classified as “potentially dangerous wild animals” that pose “serious health and safety risks” to the community. The Dangerous Wild Animal Act makes it illegal for many individuals and facilities to import, possess, and breed all species of apes. The ban includes a grandfather clause, which allows those who lawfully possessed apes prior to the ban to retain possession of the animals for the remainder of their lives.

Overview of Laws

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West Virginia

Private Possession ALLOWED

Summary: West Virginia has no law that restricts or otherwise mentions great apes. In fact, West Virginia does not even have a state endangered species provision providing additional state protection for endangered or threatened species. The state allows a person to keep a “wild animal” in captivity for a fee of two dollars, but that provision applies only to native West Virginia species. Additionally, it is unlikely that the state law requiring individuals to obtain a permit for a roadside menagerie would apply to non-native species.

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Wisconsin

Private Possession POSSIBLY ALLOWED WITH LICENSE

Summary: Wisconsin does not have a specific law that prohibits the possession of apes or otherwise addresses their care. The state has a chapter on captive wildlife with a number of provisions related to the possession of captive live wild animals, which would generally include great apes. The state’s endangered species law also prohibits the taking, transport, and possession of endangered or threatened species, including federally-listed species. It is unclear based on a reading of the law whether it requires state permits for foreign endangered species.

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Wyoming

Private Possession ALLOWED

Summary: Wyoming has no law that restricts or otherwise mentions great apes. In fact, Wyoming does not even have a state endangered species provision providing additional state protection for endangered or threatened species. The only possible reference that could include great apes is the definition for “exotic species” under the general fish and game code definitions.

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