Penguins are undeniably adorable creatures that capture the hearts and imaginations of people around the world. Their tuxedo-like plumage and clumsy waddle make them seem like tiny humans in bird suits. It’s no wonder so many people dream of having a penguin as a pet.

If you’re short on time, here’s a quick answer to your question: owning a penguin is illegal in many places, but certain species can be kept as pets with the right permits and facilities.

In this comprehensive guide, we will dive into penguin ownership laws around the world and in the United States. We’ll cover which species can legally be kept as pets, the permitting and facility requirements, and reasons for the restrictions around owning penguins.

Penguin Species Commonly Kept as Pets

African Penguins

African penguins are one of the most popular penguin species to be kept as pets. Though small in stature, these charismatic birds have huge personalities! African penguins typically grow to about 2 feet tall and weigh 5-8 pounds.

They have a distinctive black stripe across their chest and sport black spots on their white belly. These adorable tuxedo-clad birds are native to the coasts of South Africa and nearby islands.

African penguins are highly social and do well in captivity when kept with other penguins. A minimum group of 3-5 penguins is recommended. They require a large, climate-controlled enclosure with both deep water for swimming and dry land for nesting and resting.

The enclosure should be kept between 60-70°F with humidity around 70%. These penguins eat a diet of vitamin-enriched fish like capelin, herring, and squid. With proper care, African penguins can live 10-15 years in captivity.

Though African penguin populations are declining in the wild, captive breeding programs help preserve genetic diversity. Reputable zoos and aquariums carefully manage these programs. However, private ownership of African penguins is still legal in some parts of the world, with permits required.

Those considering penguin ownership should thoroughly research permitting and ensure they can provide for the complex needs of these remarkable birds.

Macaroni Penguins

Named for their flashy yellow and black crest feathers resembling a flamboyant hat, macaroni penguins are another penguin species sometimes kept as pets. Native to the islands and coasts of southern Australia, New Zealand, and South America, these spunky seabirds grow to 18-25 inches tall and weigh 6-13 pounds.

Macaroni penguins are very social and live together in huge breeding colonies numbering in the millions!

Macaroni penguins require lots of space, both land and water. At minimum, each pair needs 200 square feet of land area and a large pool at least 6 feet deep for swimming and diving. Groups of at least 6-12 macaroni penguins are recommended to meet their social needs.

Their enclosure should be kept cold, between 35-55°F, with soft sandy areas for nesting. These penguins eat a varied diet of fish, squid, krill and marine invertebrates. With proper care, macaroni penguins can live 15-20 years in captivity.

Private ownership of macaroni penguins is restricted but possible in some regions, with permits. However, few private owners can meet the complex housing and social needs of these boisterous aquatic birds.

Macaroni penguins are best left to zoos and aquariums with expert staff and resources to care for them.

Permitting Requirements for Owning Penguins

Federal Permits

If you want to own a penguin in the United States, you may need to acquire certain permits from federal agencies like the U.S. Fish and Wildlife Service (USFWS). The USFWS regulates the import and interstate transport of wildlife species under laws like the Migratory Bird Treaty Act and the Endangered Species Act.

Most penguin species are listed on the USFWS’s protected migratory bird list. This means you’ll likely need both an import permit and a transport permit from USFWS before bringing a penguin into the country or across state lines. Few zoos and aquariums have these permits.

USFWS permit requirements help conserve wild penguin populations and ensure humane transport conditions.

According to the USFWS permit database, only around 30 entities nationwide hold active import permits for certain penguin species like Humboldt Penguins and Rockhopper Penguins. The application process for these permits is complex, involving facility inspections and contingency planning.

State Permits

In addition to federal laws, most states have regulations regarding the private ownership and possession of exotic or wild animals. These laws differ widely between states but often include permitting requirements.

  • For example, California prohibits owning penguins without explicit authorization from the Department of Fish and Wildlife.
  • New York bans possession of penguins entirely unless the owner qualifies for specific exemptions.
  • Meanwhile, Missouri has no state laws regulating private exotic animal ownership, although many local ordinances may still apply.
State % of states with exotic pet laws covering penguins*
West Coast and Hawaii 100%
Midwest 61%
Northeast 94%
South 72%

*Estimates based on data from Born Free USA. Includes outright bans and permit/license requirements.

As shown above, a strong majority of U.S. states regulate private penguin ownership in some capacity. Determining the specific protocols for your state is critical. State by state exotic animal laws provide a starting point.

Given the complex federal and state regulatory requirements involved, owning a penguin as a pet is extremely rare. Understanding these permitting regulations is an essential first step for anyone exploring penguin ownership.

Facility Requirements for Housing Penguins

Space Requirements

When it comes to housing penguins, providing adequate space is crucial for their health and wellbeing. Penguins are active animals that need room to move around and exhibit natural behaviors. The Association of Zoos and Aquariums (AZA) provides specific space requirements for penguin enclosures based on the number and species of birds.

For example, they recommend at least 200 square feet of land area for up to 6 little penguins and a pool that is at least 10 feet long by 20 feet wide. Larger penguin species like king and emperor penguins require even more space.

High quality facilities will provide enriching features like rocky terrain, nesting areas, and obstacles for penguins to climb over and interact with.

Temperature Control

Since penguins are adapted to live in cold climates, maintaining proper air and water temperatures is very important in human care. Each penguin species has an ideal temperature range that should be provided in their habitat.

For example, the AZA recommends air temperatures of 35-50°F for African penguins and below 60°F for Humboldt penguins. Temperatures are typically controlled through efficient HVAC systems and chilling units for the water.

Proper insulation, air circulation, misters, shade areas, and nesting material also help regulate temperatures. Careful monitoring is essential to prevent overheating and make adjustments as needed. Temperature requirements may also vary based on the penguins’ age, sex, and condition.

Pool Requirements

Providing an adequate pool is vital since penguins spend much of their time swimming and diving underwater. The AZA recommends pools be at least 10-20 feet long and 6-10 feet deep depending on the species. Good filtration and frequent cleaning are required to maintain water quality.

Chlorine levels should be kept very low for penguins’ sensitive eyes. A smooth pool floor allows penguins to safely dive down and resurface. Features like simulated rockwork, ledges, and varying depths make the pool more enriching.

Important factors to control are proper disinfection, temperature, pH balance, and circulation through pumps and skimmers. Careful monitoring of water parameters ensures a healthy environment for penguins’ feathers and skin.

Reasons for Restrictions on Penguin Ownership

Conservation Status of Penguin Species

Many penguin species such as the African penguin and Yellow-eyed penguin are classified as endangered or vulnerable to extinction by the IUCN Red List. Their populations have declined over decades due to threats like overfishing, climate change, pollution, and habitat loss.

Conservation efforts aim to protect wild populations, which would be undermined by commercial trade in penguins or irresponsible private ownership.

Complex Care Requirements

Penguins have specialized needs in captivity regarding temperature, nutrition, habitat, and social structure. They typically live in large colonies with controlled cold environments, access to saltwater pools, and appropriately safe spaces.

Very few accredited zoos or aquariums can adequately meet these standards. Private owners usually cannot provide suitable enclosures or diets tailormade to each penguin species’ needs.

Public Health and Safety

Penguins can potentially transmit zoonotic diseases like avian influenza to humans with close contact. Their sharp beaks can also inflict serious injury. However, people may underestimate these risks when interacting with the charismatic birds in public settings.

Permits often forbid owners from displaying penguins as “education animals” for safety reasons and to prevent misconceptions about suitability as pets.

Conclusion

Penguins are amazing creatures that enter the hearts of animal lovers everywhere. However, extensive permitting requirements, facility needs, and conservation concerns make owning a penguin as a pet illegal in many parts of the world.

While certain penguin species can be kept in some countries and states with the proper licensing, facilities to meet their complex needs, and expert care, penguin ownership remains highly restricted. For most people, the best way to enjoy observing penguins is to visit them in reputable zoos and aquariums.

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