Where is the tokay gecko legal?

Non-venomous snakes, fish, and turtles, traditionally kept in the home for pleasure rather than for commercial purposes

No lizard fits any of the seven permitted categories.

How this rule works: A closed list and one of the shortest in the country. Subsection (j)(1) bars importing, possessing, displaying, selling, trading or giving as a household pet "any living member of the animal kingdom, including those born or raised in captivity", except seven categories: domestic dogs, domestic cats, domesticated rodents and rabbits, captive-bred common cage birds, non-venomous snakes and fish and turtles, ferrets, and racing pigeons. No lizard, no amphibian and no invertebrate fits any of them. Read from the D.C. Code rather than from a reproduction: the seven categories and their exact wording are what every cell in this jurisdiction turns on.

Gekko gecko

Named on Part A, research and exhibition only.

How this rule works: Part A animals may be brought in by a university or a licensed exhibitor under permit and may not be kept as pets. Part B, published separately as AR-71RB, is the private and commercial use list and was checked as well: it runs to hoofed stock, giraffes, otters, seals, macropods and three named parrots, and contains none of the animals in this dataset.

No person shall transport into or have in his possession within this state any live wildlife or viable eggs thereof from without the state, except as authorized by an importation permit issued by the director

West Virginia’s importation section is the rule the rest of this column was written without, and it changes the answer for every exotic reptile and amphibian in it. W. Va. Code § 20-1-2 builds wildlife out of wild birds, wild animals, game and fur-bearing animals, fish, reptiles, amphibians, mollusks, crustaceans and all forms of aquatic life used as fish bait. The reptile and amphibian clause carries no nativity qualifier and no captive-bred carve-out, so a pet reptile or amphibian bought from an out-of-state breeder is live wildlife from without the state. A tokay gecko is a reptile and a Southeast Asian species, so it is wildlife from without the state on any route into West Virginia. § 20-2-13 then bars both bringing that animal in and having it in possession within the state except under an importation permit from the director, and the permit is discretionary: the director may issue it, fix its terms and revoke it at his pleasure. How firm this is, both ways. § 20-2-4(a) independently makes it unlawful to take, obtain, purchase, possess or maintain in captivity any live wildlife except as the chapter or a rule provides, and § 20-2-4(b) says wildlife lawfully taken outside of this state is subject to the same laws and rules as wildlife taken within it, which closes the argument that an out-of-state origin puts the animal outside the chapter before it is made. Against that, the section is headed importation and certification and the body of it is disease control, fish pathologist certificates and inspection of imported shipments, with the only penalty clause written for coyotes. Nothing in Title 58 implements § 20-2-13 for anything but aquaculture, and WVDNR publishes no application for an importation permit. So this is a statutory permit requirement that is real on paper with its machinery not visibly in place, which is the same shape as the Minnesota breeder condition and is recorded the same way. Neither of West Virginia’s two species lists bars this animal. W. Va. C.S.R. § 74-1-3, the dangerous wild animal list adopted 5 April 2022, is a mammal list plus the Komodo dragon. W. Va. C.S.R. § 58-73 reaches native West Virginia reptiles and amphibians only.

How this rule works: West Virginia splits its animals by two definitions in one section. Wildlife takes in reptiles, amphibians, mollusks and crustaceans with no nativity limit and no terrestrial arthropod at all. Wild animals means all mammals native to the State of West Virginia, which is the phrase that decides every mammal here. § 20-2-4 bars possessing either except as the chapter or a rule provides, and § 20-2-51 is the only pet route, a two dollar permit from the director.

The commissioner must prescribe conditions and may issue permits to breed, propagate, and sell snakes, lizards, and salamanders. A snake, lizard, or salamander that is obtained from a permitted breeder or that was possessed before August 1, 2021, may be possessed as a pet.

Minnesota gets here in three steps, and the surprise is that none of them turns on the species being native. Section 97A.015, subd. 55 defines wild animals as creatures wild by nature and includes reptiles, with no geographic limit. Subd. 39 makes snakes, lizards and salamanders protected wild animals as whole categories. Section 97A.501, subd. 1 then bars possessing a protected wild animal unless the game and fish laws allow it, and this subdivision is the allowance. A tokay gecko is a lizard, so the breeder-source condition applies to it as much as to a Minnesota native. Two things to know about how firm this is. The statute says the commissioner "must" prescribe conditions, but there is no snake, lizard or salamander breeder permit on the DNR's permits page, Minnesota Rules chapter 6256 covers only frogs and turtles, and no rule chapter implements the subdivision. And the DNR's own pet-trade page describes the change as reaching "wild collected Minnesota snakes, lizards, and/or salamanders", which is narrower than the statute's words and does not mention the breeder permit at all. So the condition is real on paper and its machinery is not visibly in place.

How this rule works: Subd. 8, added in 2021, is the pet reptile rule: the commissioner must prescribe conditions and may issue breeder permits, and a snake, lizard or salamander is possessable as a pet if it came from a permitted breeder or was held before 1 August 2021. Subd. 3 is the older, broader route, allowing special permits without a fee to possess wild animals as pets.