New Hampshire does not outright ban private monkey ownership, but strict state and local regulations apply. You must obtain a permit from the New Hampshire Fish and Game Department (NHFG) and comply with municipal zoning laws before acquiring a primate.
This guide covers the exact statutory framework, step-by-step permitting, species restrictions, penalties, and practical next steps for legal compliance.
1. Statutory & Regulatory Framework
Governing Agencies & Codes
New Hampshire regulates exotic animals—including primates—under the following authorities:- New Hampshire Revised Statutes Annotated (RSA) 207:14 – Defines "exotic animals" and establishes permit requirements.
- New Hampshire Code of Administrative Rules (Fis) 800 – Outlines permit application procedures, cage standards, and inspection protocols.
- New Hampshire Fish and Game Department (NHFG) – Primary issuing authority for exotic animal permits.
- Local Municipal Ordinances – Cities and towns may impose additional zoning restrictions (e.g., Manchester, Nashua, and Portsmouth require separate approvals).
Federal Overlay
While New Hampshire handles state-level permitting, federal laws may apply:- Lacey Act (16 U.S.C. §§ 3371-3378) – Prohibits interstate transport of illegally obtained wildlife.
- Endangered Species Act (16 U.S.C. § 1531 et seq.) – Protects species like chimpanzees, gorillas, and certain lemurs; ownership requires a U.S. Fish and Wildlife Service (USFWS) permit.
- Animal Welfare Act (7 U.S.C. § 2131 et seq.) – Regulates dealers and exhibitors but does not directly govern private ownership.
2. Step-by-Step Process & Requirements
Step 1: Confirm Species Legality
Not all primates are legal in New Hampshire. The NHFG maintains a banned species list under Fis 802.03. Prohibited primates include:- Great apes (chimpanzees, gorillas, orangutans, bonobos)
- Baboons
- Mandrills
- Any primate species listed as endangered or threatened under the ESA
Permissible species (with restrictions):
- Capuchins
- Squirrel monkeys
- Marmosets
- Tamarins
- Lemurs (non-endangered species)
Species Legality Table
| Primate Type | Legal in NH? | Permit Required? | Additional Notes |
|---|---|---|---|
| Capuchin | Yes | Yes | Must be captive-bred; no wild-caught |
| Squirrel Monkey | Yes | Yes | Microchipping required |
| Marmoset | Yes | Yes | Minimum cage size: 16 sq. ft. |
| Chimpanzee | No | N/A | Federally prohibited under ESA |
| Rhesus Macaque | No | N/A | Banned under Fis 802.03 |
Step 2: Obtain a New Hampshire Exotic Animal Permit
Application Requirements
Submit the following to the NHFG Exotic Wildlife Permit Unit:- Completed Form NHFG-EXOTIC (available here).
- Proof of legal acquisition (e.g., bill of sale, breeder license, or USFWS permit for ESA-listed species).
- Veterinary health certificate (issued within 30 days of application) confirming:
- Negative tuberculosis test
- Negative herpes B virus test (for macaques, if applicable)
- Up-to-date vaccinations (rabies, distemper)
- Facility inspection report (conducted by NHFG or a licensed veterinarian) verifying:
- Minimum cage dimensions (varies by species; e.g., 16 sq. ft. for marmosets, 32 sq. ft. for capuchins)
- Secure locking mechanisms
- Climate control (heating/cooling for tropical species)
- Escape-proof design
- Zoning compliance letter from your local municipality (e.g., town clerk’s office) confirming residential or agricultural zoning allows exotic animals.
- Non-refundable fee: $100 (resident) / $250 (non-resident).
Processing Timeline
- Initial review: 10–15 business days
- Facility inspection: Scheduled within 30 days of application
- Permit issuance: 5–10 business days post-inspection (if approved)
- Total time: 6–8 weeks
Step 3: Secure Local Approvals
Even with a state permit, local laws may prohibit primate ownership. Key municipalities with additional rules:- Manchester: Requires a Special Use Permit from the Zoning Board of Adjustment.
- Nashua: Mandates a $200 annual exotic animal license and a home inspection by the Health Department.
- Portsmouth: Bans all primates except for educational or scientific purposes.
Action: Contact your town clerk’s office or zoning board before applying for the state permit.
Step 4: Comply with Ongoing Requirements
Once permitted, you must:- Renew annually: Submit Form NHFG-EXOTIC-Renewal and pay the $50 renewal fee.
- Report escapes immediately: Call NHFG at (603) 271-3421 within 24 hours.
- Allow unannounced inspections: NHFG may inspect your facility up to twice per year.
- Maintain records: Keep veterinary logs, purchase receipts, and cage maintenance records for 3 years.
3. Common Pitfalls, Exceptions, & Penalties
Compliance Mistakes to Avoid
- Assuming all primates are legal: Many owners unknowingly acquire banned species (e.g., macaques, baboons).
- Skipping local zoning approvals: A state permit does not override municipal bans.
- Inadequate caging: NHFG inspectors will deny permits for cages that fail size or security standards.
- Purchasing from unlicensed breeders: Only buy from USDA-licensed dealers (verify via the USDA Animal Care Search Tool).
- Ignoring veterinary requirements: Health certificates must be species-specific (e.g., herpes B testing for macaques).
Exceptions
- Educational institutions: Schools, zoos, and research facilities may qualify for institutional permits with relaxed caging standards.
- Wildlife rehabilitators: Licensed rehabbers can temporarily house primates under RSA 207:14-a.
- USFWS permit holders: Owners of ESA-listed primates (e.g., ring-tailed lemurs) must obtain a federal permit in addition to the state permit.
Penalties for Violations
| Violation | Fine | Additional Consequences |
|---|---|---|
| Unpermitted ownership | $500–$2,000 | Confiscation of animal; misdemeanor charge |
| Failure to report an escape | $1,000 | Permit revocation |
| Inadequate caging | $250–$1,000 | Mandatory facility upgrades |
| Selling without a permit | $1,500–$5,000 | Felony charge (if endangered species) |
| Local zoning violation | $100–$1,000 | Court-ordered removal of animal |
4. Frequently Asked Questions (FAQs)
### Can I own a capuchin monkey in New Hampshire?
Yes, but you must obtain a New Hampshire Exotic Animal Permit and comply with caging, veterinary, and local zoning requirements. Capuchins are legal but require a minimum 32 sq. ft. enclosure with vertical climbing space.### What happens if I move to New Hampshire with a monkey?
You have 30 days to apply for a NHFG permit. Failure to do so is a misdemeanor punishable by a $500–$2,000 fine and potential confiscation of the animal. Contact NHFG before moving to initiate the process.### How long does it take to get a monkey permit in NH?
The process takes 6–8 weeks, including application review, facility inspection, and permit issuance. Delays occur if:- Your cage fails inspection (common for first-time applicants).
- Your local municipality requires additional approvals.
### Can I breed monkeys in New Hampshire?
No. New Hampshire prohibits private breeding of primates under Fis 802.04. Only USDA-licensed facilities (e.g., zoos, research labs) may breed primates.### Are there any age restrictions for owning a monkey?
Yes. You must be at least 18 years old to apply for an exotic animal permit. Minors may not legally own primates in New Hampshire.### What should I do if my monkey escapes?
- Contain the area: Block off exits and alert neighbors.
- Call NHFG immediately: Dial (603) 271-3421 (24/7 hotline).
- Notify local animal control: Provide a description and last known location.
- Document the incident: Submit a written report to NHFG within 48 hours.
Failure to report an escape is a $1,000 fine and may result in permit revocation.
5. Practical Next Steps & Checklist
Action Plan for Legal Monkey Ownership
- Research species: Confirm your desired primate is legal in New Hampshire (see NHFG Banned Species List).
- Contact your town clerk: Verify local zoning laws (e.g., Manchester, Nashua, Portsmouth).
- Find a USDA-licensed breeder: Use the USDA Animal Care Search Tool to locate a reputable seller.
- Schedule a pre-application inspection: Hire a licensed veterinarian to assess your facility before applying.
- Submit Form NHFG-EXOTIC: Include all required documents (health certificate, zoning letter, fee).
- Prepare for inspection: Ensure your cage meets NHFG standards (size, security, climate control).
- Renew annually: Set a reminder to submit Form NHFG-EXOTIC-Renewal and pay the $50 fee.
Official Contacts & Resources
| Agency | Contact | Website |
|---|---|---|
| NH Fish and Game Department | (603) 271-3421 | www.wildlife.state.nh.us |
| USDA Animal Care | (919) 855-7100 | www.aphis.usda.gov/aphis/ourfocus/animalcare |
| U.S. Fish and Wildlife Service | (603) 223-2541 (Regional Office) | www.fws.gov |
| Manchester Zoning Board | (603) 624-6450 | www.manchesternh.gov |
| Nashua Health Department | (603) 589-4500 | www.nashuanh.gov |
Disclaimer: This article is for informational and educational purposes only. It does not constitute formal legal advice and does not establish an attorney-client relationship. Laws and regulations may change; consult the New Hampshire Fish and Game Department or a licensed attorney for current requirements.
Key Statutory Takeaways
- Contemporaneous written records are crucial for establishing statutory liability.
- Filing deadlines (statute of limitations) apply strictly from the date of infraction.
- Administrative remedies (EEOC/FEPA) must precede federal civil filings.
Robert Vance, Esq.
Verified AuthorCorporate Governance Partner
Admitted to the Delaware and New York Bars. Advises boards of directors, private equity funds, and emerging technology ventures on corporate compliance.
