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Date Posted: 09:11:44 03/24/06 Fri
Author: Bob
Author Host/IP: dialup-4.225.203.138.Dial1.Denver1.Level3.net / 4.225.203.138
Subject: good luck finding the regs
In reply to: Stacie 's message, "Legality of owning a flyer?" on 14:15:23 03/19/06 Sun

Typically these are found in the natural resource / division of wildlife regulations. Your likely going to search bureaucratic regulations not nice colored webpages. Most states have a list of animals you can not have as a pet, or say any no wild animals except and then have a list of ok wild animals. Most states don’t flat out say glaucomys volans. And often case law (case law is interpretation decided in courts as president cases arise) has said if it isn't found naturally in the state it is not a "wild animal". Then you are in a gray area...it really isn't wild because you can document captive born, or it's distribution does not exist in that state, but it isn't a cat.
These regs may also hide in state department of agriculture regs under pets stuff.
You can also call anonymously using a calling card to the division of wildlife. but typically you get a secretary or a wildlife field agent/officer. Though these people are hard working underpaid civil servants who know the answers to normal questions, your question is rare. Take the answer you get with a grain of salt. They likely will answer on the side of caution if they do not know for sure. Try to ask an administrative lawyer specializing in this topic area in the particular state. Asking for state code of regulations that governs exotic pets is a better then saying “can I have a pet whatever…” Having them site the statute/section/subsection etc. Then when no one can answer that question ask to be transferred to someone who knows the code such as a administrative layer or someone who was involved with writing or updating the regs.
The laws are created so no one is "taking" a protected or threatened or listed species. Since taking is harder to enforce than possessing they make the rule about possessing. You are getting a breaded one, keep your papers and documentation. They are not out to get you they are out to get people who remove wild animals.
Local and county rules may apply but rarely would they mentioned glaucomys volans. Truth is most people don't know a sugar glider from a flyer. Pretend it is a glider or a gerbil.
I found in some states USDA breeding license trumps local or state restrictions of a pet. I found most states are reluctant to infringe on the well being of business and agriculture. Even though some practices (i.e. breeding of ring neck pheasants or other exotic invasive species) damage the natural systems that state government should be protecting.
Good luck. Keep your documentation, save what you find, because once you hit a regulation in that dense monochrome text you may never find it again.

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