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Displaying 121 - 130 of 368
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Orangutana, Sandra s/ Habeas Corpus | Orangutana, Sandra s/ Habeas Corpus | This decision was decided on an appeal of the writ of habeas corpus brought on behalf of an orangutan named Sandra after it was denied in its first instance. Pablo Buompadre, President of the Association of Officials and Attorneys for the Rights of Animals (AFADA) brought a writ of habeas corpus against the Government of the Autonomous City of Buenos Aires and the City Zoological Garden of Buenos Aires on behalf of the hybrid of two different orangutan species, Sandra. AFADA sought the immediate release and relocation of Sandra to the primate sanctuary of Sorocaba, in the State of Sao Paulo in Brazil. AFADA argued that Sandra had been deprived illegitimately and arbitrarily of her freedom by the authorities of the zoo, and that her mental and physical health was at the time deeply deteriorated, with imminent risk of death. For the first time, basic legal rights were granted to an animal. In this case, Argentina’s Federal Chamber of Criminal Cassation ruled that animals are holders of basic rights. The Court stated that “from a dynamic and non-static legal interpretation, it is necessary to recognize [Sandra] an orangutan as a subject of rights, as non-human subjects (animals) are holders of rights, so it imposes her protection." | Case | ||
| 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 | |
| PA - Exotic Pets - Chapter 137. Wildlife | 58 PA ADC § 137.1 - 35 | 58 Pa. Code § 137.1 to .35 | This set of administrative regulations prohibits the importation, possession, selling, offering for sale or release of certain species such as lynx, bobcat, coyote, wolf, bears, raccoons, nutria, skunks, all families of nonhuman primates, certain birds, game taken from the wild, and game or wildlife held in captivity. Exemptions includes zoos and circuses. A person wishing to import lawfully acquired wildlife, or parts thereof, shall first obtain an importation permit from the Commission. Another section makes it unlawful for a person to possess live wildlife taken from a wild state subject to certain exceptions. | Administrative | |
| 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 | ||
| TX - Exotic pets - Subchapter A. Regulation of Keeping of Wild Animals | V. T. C. A., Local Government Code § 240.001 - 004 | TX LOCAL GOVT § 240.001 - 004 | In this subchapter, wild animal is defined as a nondomestic animal that the commissioners court of a county determines is dangerous and is in need of control in that county. The commissioners court of a county by order may prohibit or regulate the keeping of a wild animal in the county. A person commits a Class C misdemeanor if the person violates an order adopted under this subchapter and the order defines the violation as an offense. | Statute | |
| TX- Dangerous Animals - G. Caging Requirements and Standards for Dangerous Wild Animals. | 25 TX ADC § 169.131, 132 | 25 TAC § 169.131, 132 | This regulation establishes caging requirements and minimum standards of care for "dangerous wild animals," including: gorillas, chimpanzees, orangutans, baboons, lions, tigers, cheetahs, ocelots, cougars, leopards, jaguars, bobcats, lynxes, servals, caracals, hyenas, bears, coyotes, jackals, and all hybrids thereof. | Administrative | |
| NY - Wild Animals - § 11-0512. Possession, sale, barter, transfer, exchange and import | McKinney's E. C. L. § 11-0512 | NY ENVIR CONSER § 11-0512 | This section provides that no person shall knowingly possess, harbor, sell, barter, transfer, exchange or import any wild animal for use as a pet in New York state, except that any person who possessed a wild animal for use as a pet at the time that this section went effect may retain possession of such animal for the remainder of its life. Certain other entities are also excepted from this ban. | Statute | |
| CA - Importation - Chapter 3. Importation of Wild Animals. | West's Ann. Cal. Health & Safety Code § 121775 - 121870 | CA HLTH & S § 121775 - 121870 | This California set of law relates to the importation of "wild animals" (defined as any animal of the class Aves (birds) or class Mammalia (mammals) that either is not normally domesticated in this state or not native to this state). The violation of any provision of this chapter shall be a misdemeanor. The department may issue a permit to import a wild animal provided that a determination is made that public health or safety will not be endangered.< | Statute | |
| CT - Exotic Pets - § 26-40a. Possession of potentially dangerous animal; Chapter 490. Fisheries and Game | C. G. S. A. § 26-1, § 26-40a; § 26-54, 55, 61 | CT ST § 26-1, § 26-40a; § 26-54, 55, 61 | These Connecticut states reflect the state's laws on the keeping of wild animals. Under § 26-40a, no person shall possess a potentially dangerous animal, which includes wildlife such as the lion, leopard, cheetah, jaguar, ocelot, jaguarundi cat, puma, lynx, bobcat, wolf, coyote, all species of bears, gorilla, chimpanzee and orangutan. The Department of Environmental Protection shall issue a bill to the owner or person in illegal possession of such potentially dangerous animal for all costs of seizure, care, maintenance, relocation or disposal of such animal. Additionally, any person who violates any provision of this section shall be assessed a civil penalty not to exceed $2000, and is guilty of a class A misdemeanor. Under § 26-55, no person shall import or introduce into the state, possess or let loose, any live fish, wild bird, wild mammal, reptile, amphibian or invertebrate unless such person has obtained a permit. Again, a violator is responsible for expenses from the seizure, maintenance, and relocation of the illegally imported animal. The penalty includes a civil fine up to $1000 and results in a class C misdemeanor. | Statute | |
| CT - Exotic - Sec. 26-55-6. Importation, possession or liberation of wild birds, mammals, reptiles, amphibians and invertebrates | CT ADC § 26-55-6 | Regs. Conn. State Agencies § 26-55-6 | This Connecticut regulation (effective March 1, 2012) places restrictions on who may import or possess certain categories of wild animals in the state. The regulation puts wild animals into one of four categories: Category One, Two, Three, or Four Wild Animals. With regard to Great Apes, a member within the family Hominidae (including, but not limited to, gorilla, chimpanzee and orangutan) is a Category One Animal. No person, except a municipal park, zoo, public nonprofit aquarium, nature center,museum, exhibitor licensed or registered with the United States Department of Agriculture, laboratory registered with the United States Department of Agriculture, or research facility registered with the United States Department of Agriculture, shall import or possess any Category One Wild Animal. | Administrative |