Once an agency is directed to accomplish a general goal, it has the authority to establish and enforce regulations that are consistent with that goal. This delegation of power comes from a statute that directs an agency to accomplish a general goal, like regulating the importation of apes to prevent the spread of infectious diseases or setting minimum standards of care for captive apes.
Without an express delegation of power from the state legislature, agencies have no authority to issue and enforce regulations. Statutes are laws that are enacted by the state legislature and regulations are laws that are enacted by state agencies. There are two types of state-level laws that govern the import, possession, use, and treatment of apes: (1) statutes, and (2) regulations. The discussion concludes with a compilation of local ordinances which govern the possession and use of apes within geographic subdivisions of the state. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries. The following discussion begins with a general overview of the various state statutes and regulations affecting the several species of Great Apes. Instead, each statute and regulation must be analyzed according to the species of apes that are covered by the law and the particular purpose for which an ape is possessed. The various sources of law governing the import, possession, use and treatment of Great Apes are not uniformly applicable to all apes within the state. In addition to county level ordinances, many cities and towns have also enacted ordinances which either prohibit or restrict the possession of apes. According to some estimates, at least 90 percent of all counties in Texas have chosen to ban the possession of some or all species of apes.
#Picture of chimpanzee and gorilla registration#
In fact, when the Dangerous Wild Animal Act was enacted in 2002, it actually required counties to either ban the possession of “dangerous wild animals,” or to set up a local registration agency and enforce the requirements in the Dangerous Wild Animal Act. Political subdivisions of the state, including counties, cities, and towns have express statutory authority to regulate Great Apes within their geographical boundaries. Although there are a few other state-level laws that affect apes, the most significant regulation of those animals occurs at the local level in Texas. While it is generally legal to keep all species of apes as pets and for commercial and scientific purposes, the possession of “dangerous wild animals” is subject to a variety of legal requirements such as local registration of the animals, liability insurance for damage caused by the animals, and minimum standards of care for the 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. Gibbons are not expressly classified as “dangerous wild animals,” nor are bonobos. In 2002, the Texas legislature enacted theDangerous 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. For the next seven years, the possession of Great Apes was essentially unregulated at the state level, which predictably made Texas an attractive destination for ape (and other exotic animal) owners. In 1995, Texas’s Parks and Wildlife Department stopped regulating the possession of exotic animals, including apes, citing insufficient resources to effectively monitor the growing number of exotic pets in the state.
The following discussion begins with a general overview of the various Texas state statutes and regulations affecting the several species of Great Apes.
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