Quick answer
Kangaroos are not freely legal to own or possess in New Mexico as of the 2026 wildlife statutes. The state classifies them as non‑native exotic mammals, and they fall under the “restricted exotic animal” category. To keep a kangaroo you must obtain a specific permit from the New Mexico Department of Game and Fish (NMDGF) that demonstrates secure housing, veterinary care, and compliance with the Animal Welfare Act. Without that permit, possession is a misdemeanor punishable by fines up to $5,000 and possible confiscation.
Legal framework governing exotic mammals
New Mexico’s primary authority for exotic species is Chapter 23 of the New Mexico Statutes, enacted in 2024 and amended in 2025. The statutes define “exotic mammal” as any non‑native species not listed as a game animal, and it requires a Special Exotic Animal Permit (SEAP) for possession, breeding, or display. Kangaroos (family Macropodidae) are explicitly named in the 2025 amendment as a species requiring SEAP due to potential ecological impact and public safety concerns. The law also references the Federal Animal Welfare Act, which mandates USDA inspection for facilities housing kangaroos for commercial purposes.
How to obtain a Special Exotic Animal Permit
- Application – Submit Form EX‑01 to NMDGF with a detailed enclosure plan that meets USDA standards for space, fencing, and environmental enrichment.
- Inspection – An NMDGF wildlife officer conducts a site visit to verify compliance.
- Bond – Applicants must post a $10,000 surety bond to cover potential escape or injury costs.
- Renewal – Permits are issued for three years and require annual renewal, including a health certificate from a USDA‑registered veterinarian.
Failure to secure a SEAP before acquiring a kangaroo constitutes a violation of NM Statutes § 23‑12‑1 and may trigger criminal prosecution.
Importation and transport rules
The United States Fish and Wildlife Service (USFWS) classifies kangaroos as “non‑listed” for import, meaning federal import permits are not required. However, New Mexico’s “State Import Restriction” (2025) mandates that any live kangaroo entering the state must be accompanied by a valid SEAP and a USDA health certificate issued no more than 30 days before arrival. Transportation must use USDA‑approved carriers and comply with the Animal Welfare Act’s standards for temperature control and stress reduction.
Penalties for non‑compliance
- First offense: Class B misdemeanor, up to $5,000 fine, possible seizure of the animal.
- Repeat offense: Class A misdemeanor, up to $10,000 fine, mandatory forfeiture, and a five‑year prohibition on exotic animal ownership.
- Commercial violations: May trigger civil penalties under the Animal Welfare Act, including suspension of USDA registration.
Frequently asked questions
Can I keep a kangaroo as a pet without a permit?
No. New Mexico law requires a Special Exotic Animal Permit for any private possession of kangaroos. Owning one without the permit is illegal and subject to misdemeanor charges.
Are there any exemptions for educational institutions?
Yes. Schools, zoos, and wildlife rehabilitation centers may apply for an Educational/Research Exotic Animal Permit, which has similar requirements but includes an additional curriculum approval component.
What happens if a kangaroo escapes from my yard?
The owner is immediately liable for any damage or injury caused. Under NM Statutes § 23‑12‑5, the owner must report the escape within 24 hours, cooperate with wildlife officials, and may face increased fines or permit revocation.
Do I need a USDA inspection if I only have one kangaroo?
If the kangaroo is kept for personal use and not for commercial sale, a USDA inspection is not mandatory, but the enclosure must still meet USDA standards referenced in the SEAP application.
Can I sell a kangaroo I legally own?
Transfer of ownership requires both parties to hold valid SEAPs, and the transaction must be reported to NMDGF. The animal must also receive a new USDA health certificate at the time of sale.