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Displaying 61 - 70 of 369
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Nonhuman Rights Project on behalf of Tommy and Kiko v. | 31 N.Y.3d 1054, 100 N.E.3d 846 (2018) | 2018 WL 2107087 (Mem), 2018 N.Y. Slip Op. 03309 | The petitioner, Nonhuman Rights Project brought this appeal on behalf of Tommy and Kiko, who are two captive chimpanzees. The chimpanzees had been confined by their owners in small cages within a warehouse and a cement storefront in a crowded residential area, respectively. Petitioner sought leave to appeal from an order of the Appellate Division, which affirmed two judgments of the Supreme Court declining to sign orders to show cause to grant the chimpanzees habeas relief. The lower courts based their denial of habeas corpus for the chimpanzees on the dictionary definition for "person." The term “person” tends to lean towards an entity that is recognized by law as having most of the rights and duties of a human. The Appellate Division also reasoned that chimpanzees are not considered people because they lack the capacity to bear legal duties or to be held legally accountable for their actions. As a counter, the Petitioner argued that the same can be said for human infants or comatose human adults, yet no one would say that it is improper to seek a writ of habeas corpus on behalf of one of them. The Appellate Division therefore based their denial on the fact that chimpanzees are not a member of the human species. In the instant action, Court of Appeals of New York denied the motion for leave to appeal. In the concurring opinion, Judge Fahey states that the better approach is not to ask whether a chimpanzee fits the definition of a person or whether it has the same rights and duties as a human being, but whether he or she has the right to liberty protected by habeas corpus. The concurring opinion also found that the Appellate Division erred by misreading the case it relied on and holding that a habeas corpus challenge cannot be used to seek transfer; a habeas corpus challenge can be used to seek a transfer to another facility. Although Judge Fahey recognizes that Chimpanzees share at least 96% of their DNA with humans and are autonomous, intelligent creatures, he concurred with the Appellate Division’s decision to deny leave to appeal. However, he ultimately questioned whether the Court was right to deny leave in the first instance. | Case | |
| NV - Cruelty - Consolidated Cruelty Statutes | N. R. S. 574.010 to 574.550; N.R.S. 202.487; N.R.S. 201.455 | NV ST 574.010 to 574.550; N.R.S. 202.487 | This comprehensive section comprises the Nevada anti-cruelty statutes. The section first empowers private prevention of cruelty to animals societies and outlines their powers and responsibilities, including the power to arrest. Under this section, "animal" does not include the human race, but includes every other living creature. Animal cruelty, as described in Section 574.100, prohibits the overdriving, overloading, torture, cruel beating or unjustifiable injuring, maiming, mutilation or killing of an animal, as well as the deprivation of necessary sustenance, food or drink. The first offense under this section is a misdemeanor with enhancement to a felony for a third or subsequent convictions. Animals fighting is also prohibited under the section, with enhanced sentences for subsequent convictions. Other specific crimes include mistreatment of dogs, abandonment of animals, poisoning (although the section does not prohibit the destruction of "noxious animals"), and basic requirements for the care of dogs and cats kept in kennels or sold by pounds or pet shops. | Statute | |
| AK - Fish and Game - Chapter 05. Fish and Game Code | AS § 16.05.150; § 16.05.255, § 16.05.270, § 16.05.920; § 16.05.925, § 16.05.940 | AK ST § 16.05.150; § 16.05.255, § 16.05.270, § 16.05.920; § 16.05.925, § 16.05.940 | These provisions concern Alaska's Department of Fish and Game (DFG). The enforcement authority is defined and another statute gives power to the Board of Game to adopt regulations for game animals. Under Sec. 16.05.920, a person may not take, possess, transport, sell, offer to sell, purchase, or offer to purchase fish, game, or marine aquatic plants, or any part of fish, game, or aquatic plants, or a nest or egg of fish or game unless permitted by regulation. "Game" is defined as any species of bird, reptile, and mammal, including a feral domestic animal, found or introduced in the state, except domestic birds and mammals. | Statute | |
| WY - Rehabilitation - Chapter 45. Wildlife Rehabilitation | WY ADC GAME POSS Ch. 45 s 1 - 24 | WY Rules and Regulations GAME POSS Ch. 45 s 1 - 24 | The purpose of this regulation is to provide for the care of sick, injured, debilitated or orphaned wildlife, excluding big game animals and trophy game animals, by permitted wildlife rehabilitators and to provide criteria for the issuance of permits to such wildlife rehabilitators. In accordance with this regulation, wildlife rehabilitators issued permits pursuant to this regulation may acquire sick, injured, debilitated, or orphaned wildlife and provide necessary treatment in order that the wildlife may be returned to live in the wild independent of human aid and sustenance. As soon as it can be determined that sick or injured wildlife is not likely to recover within one-hundred eighty (180) days, the wildlife shall be euthanized; unless Department approval is given for extended care. | Administrative | |
| KY - Exotic Animals - Chapter 65. General Provisions Applicable to Counties, Cities | KRS § 65.877 | KY ST § 65.877 | This Kentucky statue authorizes counties and cities to regulate or prohibit the holding of inherently dangerous wildlife. For example, the Department of Fish and Wildlife Resources has identified some of the following animals as being dangerous: African buffalo, Hippopotamus, Hyenas, Old world badger, Lions, jaguars, leopards, or tigers, Clouded leopard, Cheetah, Elephants, Rhinoceroses, Gorillas, Baboons, drills, or mandrills, Crocodiles, Alligators or caimans, certain snakes, Gila monsters or beaded lizards, Komodo dragon, Wolverine, Bears, Wolf, mountain lion. | Statute | |
| CA - Fish & Game - Chapter 6.5. Control of Illegally Taken Fish and Wildlife | West's Ann. Cal. Fish & G. Code § 2580 - 2589 | CA FISH & G § 2580 - 2589 | This set of laws outlines various violations involving the possession and movement of illegally obtained animals and imposes liability for those activities. | Statute | |
| FL - Exotic Pets - 68-5.008. Amnesty for Persons Relinquishing Non-native Pets. | Fla. Admin. Code r. 68-5.008 | Rule 68-5.008, F.A.C. | This rule provides amnesty to non-native pet owners who voluntarily relinquish their illegal animals to state or county wildlife agencies or during Commission-sponsored amnesty events. | Administrative | |
| FL - Endangered - Endangered and Threatened Species Act | West's F. S. A. § 379.2291 - 2311 | FL ST § 379.2291 - 379.2311 (formerly FL ST § 372.072 - 074) | These Florida statutes define endangered and threatened species and provide the State's intent to protect these species. Under statute, the intentional killing or wounding of a listed species incurs a third degree felony. Interestingly, the state has a reward program for the arrest and conviction of those who violate state endangered species laws. | Statute | |
| AL - Importation - Chapter 80-3-6. Livestock Sanitary Rules | AL ADC 80-3-6-..22, .23, and .24 | Ala. Admin. Code r. 80-3-6-.22, .23, and .24 | These selected regulations concern import, transport, or exhibition of wild, semi-wild, and exotic animals, and the import of dogs and cats. | Administrative | |
| MA - Endangered Species - Chapter 131A. Massachusetts Endangered Species Act | M.G.L.A. 131A § 1 - 7 | MA ST 131A § 1 - 7 | This Massachusetts statute comprises the state's endangered species act. "Endangered species", any species of plant or animal in danger of extinction throughout all or a significant portion of its range including those species listed under the federal ESA. The director shall conduct investigations and consult with the natural heritage and endangered species advisory committee in order to determine whether any species of plant or animal constitutes an endangered or threatened species or species of special concern. Habitat alteration permits are required under this act when any person undertakes a project that may alter a significant portion of habitat. | Statute |