No, owning a monkey in New Mexico is illegal under state wildlife regulations and federal Lacey Act enforcement. The New Mexico Department of Game and Fish (NMDGF) prohibits private possession of non-native primates as wildlife, aligning with 2023 amendments to the Wildlife Conservation and Management Act. Violations may trigger federal prosecution under the Lacey Act for interstate transport of prohibited species.
Key Regulations for Owning a Monkey in New Mexico
- State Wildlife Prohibition: NMDGF classifies all non-native primates (e.g., macaques, capuchins) as “restricted species,” banning private ownership under 19.30.10 NMAC.
- Federal Lacey Act Compliance: Transporting monkeys across state lines violates federal law, with penalties up to $20,000 and 5 years imprisonment per 18 U.S.C. § 42.
- Local Ordinance Overlaps: Municipalities like Albuquerque and Santa Fe enforce additional animal control ordinances, requiring permits for exotic species, which are uniformly denied for primates.
Exemptions exist solely for licensed zoos, research facilities, or wildlife rehabilitators under NMDGF permits, subject to rigorous inspection and annual compliance reviews. The 2026 draft revisions to 19.30.10 NMAC propose stricter penalties, including mandatory forfeiture of animals and civil fines up to $10,000 for repeat violations. Consult NMDGF’s Exotic Wildlife Permit Guidelines before any consideration of primate ownership.