🪳
Legal7 min read

Are Madagascar Hissing Cockroaches Legal to Own?

On This Page
Madagascar hissing cockroach on bark, its glossy segmented back lit from one side

State wildlife law was written for animals with a backbone. Read the definitions section of almost any state's code and you will find wildlife defined as mammals, birds, reptiles, amphibians and fish, which means the rules that follow simply never arrive at an insect. The Madagascar hissing cockroach is legal in most of the country not because anyone decided it should be, but because nobody was writing about it.

Not Legal Advice
Exotic pet laws change and vary by state, county, and even city, and this article can't account for every local ordinance or permit requirement. Always verify current rules with your state wildlife agency or local animal control before acquiring a pet covered here.

Where Hissing Cockroaches Stand

WhereStatusWhat the rule says
43 jurisdictionsLegal, no permitNo restriction found on private possession
New HampshireBannedRSA 207:1, XXXV defines wildlife to include invertebrates by name
MontanaBanned§ 87-5-702(12)(a) reaches other wild animals, and Montana runs a white list
HawaiiBanned§ 4-71-6.5 allows introduction only for listed animals; this one is unlisted
District of ColumbiaBanned§ 8-1808(j)(1) reaches any living member of the animal kingdom
FloridaPermit required5B-57.004(1), through the agriculture department rather than FWC
OregonConditionalOAR 603-052-1320, the second of Oregon's two closed lists
New Mexico, New Jersey, IdahoUnclearA wildlife definition that may or may not include insects

The Four That Reach It, and How

New Hampshire is the strictest answer on the map for any invertebrate, and it comes out of four provisions rather than one. The keystone is RSA 207:1, XXXV, which defines wildlife to include invertebrates by name. Once that definition is in place, the permitting regime that most states apply only to vertebrates lands on this species too.

Montana gets there by a similar route with different words. Section 87-5-702(12)(a) defines wildlife as any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean, or other wild animal, and that closing phrase is broad enough to include an insect. Montana then runs a white list, so being inside the definition and absent from the list is a prohibition.

Hawaii and the District of Columbia both bar it without any invertebrate-specific reasoning. Hawaii's inverted rule permits introduction only for listed animals and this one is on no list. DC's section 8-1808(j)(1) reaches any living member of the animal kingdom, with seven exceptions that contain no invertebrate, which is the same clause that already bars the tarantula and the giant millipede there.

Florida Answers Through the Wrong Department

Anyone checking Florida's captive wildlife chapters for this species will find nothing, and conclude it is unregulated. It is not. Rule 5B-57.004(1) sits with the Department of Agriculture and Consumer Services and makes it unlawful to possess certain arthropods without a permit.

That is a plant-pest framework rather than a captive-wildlife one, and it is a genuinely easy thing to miss because it lives in a different part of the code from every other animal on this map. Florida is not unusual in worrying about an imported insect. It is unusual in that its answer is filed where a keeper would not think to look.

Three That Cannot Be Answered From the Text

New Mexico, New Jersey and Idaho all have rules that might reach this animal, and none of them says.

New Mexico's Director's Species Importation List runs to roughly 1,300 rows and contains no terrestrial invertebrate at all, not this species and not any other. The list is mammals, birds, reptiles, amphibians and fish. Whether that means insects sit outside the regime or merely unlisted within it is not something the document settles.

New Jersey has the same invertebrate gap that leaves the tarantula and the millipede unanswered, with two available readings and no Division list naming an insect.

Idaho's version has two textual readings and nothing published that chooses between them. Read one way, an insect is a form of animal life and therefore wildlife. Read the other way, it is not.

The honest answer in all three is that the state has not decided. That is worth a phone call rather than an assumption, particularly given this species is a regulated plant pest at the federal level and moving one across a state line is a different question from keeping one.

What to Check Before Buying

Colonies grow, and a species that is unregulated as a pet can still be regulated as something shipped. The full jurisdiction-by-jurisdiction detail, with the rule text and the date each entry was verified, is on the Madagascar hissing cockroach page of the exotic pet law map.

Sources & Further Reading

❓ Frequently Asked Questions

Where are Madagascar hissing cockroaches illegal?

Four jurisdictions bar them: New Hampshire, Montana, Hawaii and the District of Columbia. Florida requires an agriculture permit rather than a wildlife one. Oregon attaches conditions. Three more, New Mexico, New Jersey and Idaho, have rules that could reach insects but never say whether they do.

Why do so few states regulate a pet cockroach?

Because most state wildlife codes define wildlife as mammals, birds, reptiles, amphibians and fish, and stop there. An insect is outside the definition, so the rules never reach it. The states that do regulate it are the ones whose definition of wildlife explicitly includes invertebrates.

Which state has the strictest rule?

New Hampshire, and it takes four provisions to get there. RSA 207:1, XXXV defines wildlife to include invertebrates by name, which pulls the species into a regime most states never apply to insects at all.

Why does Florida handle this through agriculture rather than wildlife?

Because Florida's wildlife chapters give no hint of the species. Rule 5B-57.004(1) sits with the Department of Agriculture and makes it unlawful to possess certain arthropods without a permit, which is a plant-pest framework rather than a captive-wildlife one.

Dex, a bearded dragon, lying in long grass with his mouth open in the sun

Written by Michael Ryan

Mike keeps two rescued bearded dragons, Dex and Cera, and writes the care guides on BeastlyFacts from his own research and mistakes. He is not a veterinarian.

More about Michael Ryan →

Comments

No comments yet - be the first!

Leave a comment

Comments are moderated before appearing. Add your email if you wouldn't mind a response by email, or leave it blank and we'll reply here on the site. Either way your address is never shown publicly.