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Title Citation Alternate Citation Agency Citation Summary Type
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
United States of America v. Victor Bernal and Eduardo Berges 90 F.3d 465 (11th Cir. 1996)

Victor Bernal and Eduardo Berges were convicted of various crimes in connection with an attempt to export two endangered primates--an orangutan and a gorilla--from the United States to Mexico in violation of the Lacey Act Amendments of 1981 and the Endangered Species Act of 1973.  While the main issue before the court was a downward departure in sentencing guidelines, the court found the purpose of the Lacey Act is protect those species whose continued existence is presently threatened by gradually drying up international market for endangered species, thus reducing the poaching of those species in their native countries.

Case
People ex rel. Nonhuman Rights Project, Inc. v. Lavery 2014 WL 6802767 (N.Y. App. Div. Dec. 4, 2014) 2014 N.Y. Slip Op. 08531 This case is an appeal from a Supreme Court judgment denying petitioner's application for an order to show cause to commence a CPLR article 70 proceeding. At issue is the legal status of a chimpanzee named Tommy who is being kept on respondents' property. Petitioners filed a habeas corpus proceeding pursuant to CPLR article 70 on the ground that Tommy was being unlawfully detained by respondents. They offered support via affidavits of experts that chimpanzee have the requisite characteristics sufficient for a court to consider them "persons" to obtain personal autonomy and freedom from unlawful detention. The Court of Appeals here is presented with the novel question on whether a chimpanzee is a legal person entitled to the rights and protections afforded by the writ of habeas corpus. In rejecting this designation, the Court relied on the fact that chimpanzees cannot bear any legal responsibilities or social duties. As such, the Court found it "inappropriate to confer upon chimpanzees the legal rights . . . that have been afforded to human beings." Case
CA - Research animals - Group 5. Care of Laboratory Animals Cal. Admin. Code tit. 17, § 1150 -1159 17 CCR §§ 1150 -1159 This set of regulations establishes certification requirements for research facilities that use live animals in experiments, sets minimum standards of care for research animals, and addresses the requirements for filing complaints with the Department of Public Health. Administrative
OH - Cruelty - Consolidated Cruelty Statutes R.C. § 959.01 - 959.99 OH ST § 959.01 - 959.99 These statutes comprise Ohio's anti-animal cruelty and animal fighting provisions. Included in the prohibited acts are abandoning domestic animals, willfully injuring or poisoning domestic or agricultural animals, drugging animals in competition, and "cruel" acts to both wild and domestic animals as defined by statute. The section also prohibits dogfighting and cockfighting. Statute
AZ - Cruelty - Consolidated Cruelty/Animal Fighting Statutes A. R. S. § 12-1011; § 13-2910 - 12; § 13-1411 AZ ST § 12-1011; § 13-2910 - 12; § 13-1411 The Arizona section contains the state's anti-cruelty and animal fighting provisions. A person commits cruelty to animals if he or she intentionally, knowingly or recklessly subjects any animal under the person's custody or control to cruel neglect or abandonment, fails to provide medical attention necessary to prevent protracted suffering to any animal under the person's custody or control, inflicts unnecessary physical injury to any animal, or recklessly subjects any animal to cruel mistreatment, among other things. Animal is defined as a mammal, bird, reptile or amphibian. Exclusions include hunting and agricultural activities in accordance with those laws and regulations in Arizona. Intentionally attending a dogfight is a felony under this provision whereas attendance at a cockfight is a misdemeanor. Statute
HI - Exotic Wildlife - Subchapter 2. Non-Domestic Animal Introductions Haw. Admin. Rules (HAR) § 4-71-5 to § 4-71-10 HI ADC § 4-71-5 to § 4-71-10 This chapter addresses the introduction of feral and other non-domestic animals into Hawaii. The regulations specify certain animals prohibited for introduction into the state and the process for permitted introductions. Certain animals require a bond with the department. Administrative
MT - Endangered Species - Chapter 5. Wildlife Protection. MCA 87-5-101 to 87-5-132 MT ST 87-5-101 to 87-5-132 These Montana statutes provide the short title for the Nongame and Endangered Species Conservation Act, the definitions associated with the Act, and the legislative policy behind the Act. Statute
FL - Wildlife - Chapter 379. Fish and Wildlife Conservation. West's F. S. A. § 379.231 - 504 FL ST § 379.231 - 504 These Florida laws concern the keeping and taking of captive wildlife. Places where wildlife is held in captivity are subject to inspection by the officers of the state commission at any time. The commission shall promulgate rules defining Class I, Class II, and Class III types of wildlife. A companion statutory& section provides that, in order to assure humane treatment of captive wildlife, no person, firm, corporation or association shall be in possession of captive wildlife for public display unless a permit has been obtained. The cost of the permit depends on whether the species fall into Class I, II, or III). Statute
NC - Exotic Pets - .0212 Importation Requirements: WIild Animals 2 NC ADC 52B.0212 2 NCAC 52B.0212 This North Carolina regulation states that person must obtain a permit from the State Veterinarian before importing any of the following animals into this State: skunk; fox; raccoon; ringtail; bobcat (includes lynx and other North and South American felines as cougars, jaguars, etc.); coyote; marten; brushtail Possum (Trichosurus vulpecula). Permits for the importation into this State of any of these animals shall be issued only if the animal(s) will be used in a research institute, or for exhibition by a USDA licensed exhibitor, or organized entertainment as in zoos or circuses. Any species or hybrid of a mammal not otherwise covered in the Administrative Code that is found to exist in the wild or naturally occurs in the wild must be accompanied by a valid certificate of veterinary inspection. Administrative

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