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Title Citation Alternate Citation Agency Citation Summary Type
Article 70 of CPLR for a Writ of Habeas Corpus, The Nonhuman Rights Project, Inc. ex rel. Hercules and Leo v. Stanley 49 Misc. 3d 746 (N.Y. Sup. Ct. 2015) 2015 WL 4612340 (N.Y. Sup. Ct., 2015) Petitioner brought this proceeding pursuant to CPLR article 70 and under the common law for a writ of habeas corpus on behalf of Hercules and Leo, two chimpanzees in the custody of respondent State University of New York at Stony Brook. It sought an order directing respondents to demonstrate the basis for detaining Hercules and Leo, and an order directing their release and transfer to a sanctuary in Florida. Respondents opposed the petition and cross moved to change venue. While the Supreme Court of New York County found that neither CPLR 7002(b)(3) nor CPLR 7004(c) required a change of venue to Suffolk County; that the petitioner had standing to bring the case; and that prior proceedings did not bar this case from being heard, the substance of the petition required a finding as to whether a chimpanzee was a legal person entitled to bring a writ of habeas corpus. Since the Court found it was bound by the Third Department in People ex rel Nonhuman Rights Project, Inc. v. Lavery, which ruled that chimpanzees were not “legal persons” entitled to the rights and protections afforded by a writ of habeas corpus, it denied the habeas corpus petition and dismissed the proceeding. Case
TX - Endangered Species - Chapter 68. Endangered Species V. T. C. A., Parks & Wildlife Code § 68.001 - 021 TX PARKS & WILD § 68.001 - 021

Texas defines endangered species as those listed on the federal ESA List as well as those designated in the state.  No person may capture, trap, take, or kill, or attempt to capture, trap, take, or kill, endangered fish or wildlife nor may he or she possess, sell, distribute, or offer or advertise for sale those species (unless allowed as described in the subchapter).  Notably, this chapter excepts from its provisions coyotes, cougars, bobcats, prairie dogs, and red foxes (with no mention as to what occurs in the event they become endangered).  Violation of the provisions results in a Class C Parks and Wildlife Code misdemeanor for the first offense, a Class B misdemeanor for the second offense, and a Class A misdemeanor for subsequent offenses.

Statute
Sarah, Keeli, Ivy, Sheba, Darrell, Harper, Emma, Rain, Ulysses, Henry Melvyn Richardson, Stephany Harris, and Klaree Boose, plai In this case, plaintiffs are non-human primates and humans interested in their welfare. The primates were formerly part of a research program run at Ohio State University for cognition research (the OSU Chimpanzee Cognition Center). After funding ran out, OSU sold the chimpanzees to Primarily Primates Inc. (“PPI”), who held themselves out to be non-profit that acts a sanctuary for retiring animals. However, plaintiffs allege that the conditions in which the chimpanzees were housed were inadequate and proper care was not provided to the primates (several of the animals died in transit and at the facility). Plaintiffs sued for breach of contract or, in the alternative, a declaratory judgment that would transfer the animals to a new sanctuary because defendants’ actions are unlawful under Texas laws. Plaintiffs also sought a temporary restraining order that would allow a team of independent caretakers and veterinarians to assess the current conditions at PPI and prevent them from accepting any new primates, among other things. Pleading
Convention on International Trade in Endangered Species 27 U.S.T. 1087

CITES is a mature international treaty which, as of the Fall of 2002, has over 150 countries as members. The purpose of the treaty is to control the international movement of listed wild plants and animals, alive or dead, whole or parts there of ("specimens" of species) in such a manner as to be assured that the pressures of international trade do not contribute to the endangerment of the listed species. States must issue permits for international movement of listed species.

Treaty
CA - Exotic pets - § 671. Importation, Transportation and Possession of Live Restricted Animals 14 CA ADC s 671 14 CCR § 671

California prohibits possession of enumerated species without a permit. Permits are not granted for private pet possession.

Administrative
WY - Wildlife, exotic hybrid - Chapter 1. Game and Fish Administration. W. S. 1977 §§ 23-1-101 to 109 WY ST §§ 23-1-101 to 109

This section of Wyoming statutes states that all wildlife in the state is considered the property of the state.  It further provides that there is no private ownership of live animals classified in this act as big or trophy game animals. “Exotic species” means any wild animals, including amphibians, reptiles, mollusks, crustaceans or birds not found in a wild, free or unconfined status in Wyoming. This section also contains the management laws for delisted gray wolves that were repealed in 2012.

Statute
SD - Exotic Pets - Chapter 12:68:18 Nondomestic Animal Control ARSD 12:68:18:01 - 09 SD ADC 12:68:18:01 to :09

Any person desiring to import nondomestic mammals into South Dakota for release to the wild to become free roaming nondomestic mammals must obtain an entry permit and obtain a certificate of veterinary inspection issued by a licensed veterinarian in the state of origin. Also, a permit is required to possess in South Dakota any nondomestic mammal, or any of its hybrids, of those of the order Carnivora, all nondomestic members of the Felidae, Canidae, Ursidae, Mustelidae, and Hyaenidae families; of the order Artiodactyla, all nondomestic members; of the order Perissodactyla, all nondomestic members of the order Tapiridae and Rhinocerotidae; of the order Proboscidea, African and Asian elephants; and of the order Primates. Permit costs range anywhere from $10 - 100. The regulations also list procedures for escapes, recordkeeping, and inspection.

Administrative
MO - Fish and Game - Chapter 252 (The Wildlife and Forestry Law) V.A.M.S. 252.002 - 252.333 MO ST 252.002 - 252.333

This chapter establishes the Missouri Department of Conservation, outlines the agency's scope of authority, and includes all of the state's wildlife and endangered species statutes.

Statute
NY - Wild animal, possession - Part 820. Required Annual Reporting of the Presence of Wild Animals 19 NY ADC 820.1 to .3 19 NYCRR 820.1 - .3

This set of New York regulations provides a form for individuals keeping wild animals to report with the city, town or village clerk within whose jurisdiction the animal is owned, possessed or harbored, on or before April 1st of each year. General Municipal Law (GML), section 209-cc requires the State Fire Administrator, in consultation with the Department of Environmental Conservation, to develop and maintain a list of the common names of wild animals that are reported annually to local authorities.

Administrative
ND - Endangered Species - Chapter 20.1-09. Propagation of Protected Birds and Animals NDCC 20.1-01-02, NDCC 20.1-09-01 - 05 ND ST 20.1-01-02, 20.1-09-01 - 05

This North Dakota statute provides a state definition for endangered species.

Statute

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