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Titlesort ascending Author Citation Alternate Citation Agency Citation Summary Type
SD - Endangered Species - Chapter 34A-8. Endangered and Threatened Species S D C L § 34A-8-1 - 13; 34A-8A-1 - 9 SD ST 34A-8A-1 to 13; 34A-8-1 - 9 These South Dakota statutes provide the definitions and regulations related to endangered and threatened species in the state. Under statute, state agencies shall establish and conduct control programs at state expense on private lands that are encroached upon by prairie dogs from contiguous public lands. It is a misdemeanor to take, possess, transport, import, export, process, sell or offer for sale, buy or offer to buy (nor may a common or contract carrier transport or receive for shipment) a listed species as defined by statute. Statute
SD - Cruelty - Consolidated Cruelty Statutes S D C L § 9-29-11; S D C L § 40-1-1 - 41; S D C L § 40-2-1 - 9; S D C L § 43-39-12, 12.1; SDCL § 22-22-42, 43, 44 SD ST § 9-29-11; SD ST § 40-1-1 - 41; SD ST § 40-2-1 - 9; SD ST § 43-39-12, 12.1; SD ST § 22-22-42, 43, 44 These South Dakota statutes comprise the state's anti-cruelty and animal fighting provisions. "Animal," any mammal, bird, reptile, amphibian, or fish, except humans. "Cruelty” means to intentionally, willfully, and maliciously inflict gross physical abuse on an animal that causes prolonged pain, that causes serious physical injury, or that results in the death of the animal. Any person who subjects an animal to cruelty is guilty of a Class 6 felony. “Neglect,” means to fail to provide food, water, protection from the elements, adequate sanitation, adequate facilities, or care generally considered to be standard and accepted for an animal's health and well-being consistent with the species, breed, physical condition, and type of animal. Any person who neglects an animal is guilty of a Class 1 misdemeanor. Exemptions include regulated scientific experiments using live animals and the destruction of dangerous animals. Statute
SC - Exotic pets - Chapter 2. Large Wild Cats, Non-Native Bears and Great Apes Code 1976 § 47-2-10 to 70 This South Carolina chapter, effective January 1, 2018, makes it unlawful for a person to possess, keep, purchase, have custody or control of, breed, or sell within this State a large wild cat, non-native bear, or great ape, including transactions conducted via the Internet. A person in possession of such animal before January 1, 2018 who is the legal possessor of the animal may keep possession if he or she complies with seven conditions listed under Section 47-2-30. Authorities may confiscate large wild cats, non-native bears, or great apes held in violation of this chapter. Cities or counties may also adopt more restrictive ordinances than this chapter. A person who violates this chapter must be fined not more than $1,000 or imprisoned for not more than 30 days for a first offense, and must be fined not more than $5,000 or imprisoned for not more than 90 days for a second offense. Exempted entities include certain non-profit animal protection organizations, university research labs holding Class R registration under the AWA, any person who possesses a valid USDA Class A, B, or C license in good standing, and circuses that are incorporated and hold a Class C license under the AWA that are temporarily in this State, among others. Statute
SC - Endangered Species - Chapter 15. Nongame and Endangered Species Conservation Act Code 1976 § 50-15-10 to 90 SC ST § 50-15-10 to 90 These statutes comprise the "South Carolina Nongame and Endangered Species Conservation Act." Included in the provisions are definitions and criteria related to the listing of endangered species. Violation of the provisions constitutes misdemeanors of varying penalties as well as forfeiture of equipment used in the illegal takings. Statute
SC - Endangered Species - Chapter 123 Department of Natural Resources S.C. Code of Regulations R. 123-150 - 170 SC ADC 123-150 to 170 These South Carolina regulations list the non-game wildlife on the state's List of Endangered Wildlife Species, as well as the animals that are considered threatened and "in need of management." If an animal is listed as threatened or endangered, a permit must be obtained in certain situations to avoid penalty for "taking" a listed species. Furthermore, these regulations also set out provisions for hunting alligators and selling alligator meat and hide; for obtaining vultures, kites, hawks, eagles, ospreys, falcons, and owls for the practice of falconry; and for protecting sea turtles by regulating the nets on shrimping trawls. Administrative
SAVING APES WITH THE LAWS OF MEN: GREAT APE PROTECTION IN A PROPERTY-BASED ANIMAL LAW SYSTEM Alexandra B. Rhodes 20 Animal L. 191 (2013) This Note evaluates the methods advocates have taken toward furthering great ape protection in the United States (U.S.). Many animal advocates argue that abolishing animals’ property status is essential to establishing effective protections; nonetheless, it will take time for our society to accept the concept of legal personhood for animals. Therefore, this Note suggests that for the time being, great ape protection should be framed in a human context, to protect animals within the existing, property-based animal law system. In general, this Note provides background on the property status of animals in the U.S., specifically analyzes the legal status of great apes domestically and abroad, and suggests how advocates may most efficiently work toward great ape protection today. Article
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
RI - Exotic Pets - Chapter 18. Importation of Wild Animals Gen. Laws, 1956, § 4-18-1 to 15 RI ST § 4-18-1 to 15 This chapter of Rhode Island laws proclaims that its intent is to provide safeguards for the protection of persons in the state from disease hazards associated with imported wild animals. Under the chapter, no person shall import into, receive, or possess in this state without first obtaining a permit from the department, animals of the following orders, families, and genera: primates, carnivores, amphibia, reptilia, canidae, and insecta. Personal pets under a special permit are exempted from the importation permit requirement. A permit may be granted by the department to import a wild animal as a personal pet, if a written affidavit or declaration under penalty of perjury is completed at the time of entry at the site of first arrival. This chapter also requires that certain species undergo quarantine for specified periods of time. Any person who violates any provisions of this chapter shall be fined not less than one hundred dollars ($100), and the loss of any specimen referred to in this chapter. Statute
RI - Endangered Species - Chapter 37. Endangered Species of Animals and Plants. Gen. Laws, 1956, § 20-37-1 to 5 RI ST § 20-37-1 to 5 These Rhode Island statutes set out the legislative policy and definitions related to state endangered species law, including the definition of "animal" and what constitutes an "endangered species." By statute commerce is strictly prohibited, as it it illegal to "buy, sell, offer for sale, store, transport, import, export, or otherwise traffic in any animal or plant or any part of any animal or plant whether living, dead, processed, manufactured, preserved, or raw if the animal or plant has been declared to be an endangered species by either the United States secretaries of the interior or commerce or the director of the Rhode Island department of environmental management." Violation of the Act results in fines from $500-5,000 or up to one year imprisonment, or both. Statute
Pruett v. Arizona 606 F.Supp.2d 1065 (D.Ariz.,2009) 21 A.D. Cases 1520

A diabetic woman in Arizona attempted to keep a chimpanzee as an assistance animal in spite of the state’s ape ban. Despite the state’s ban, the diabetic woman imported a chimpanzee with the intention of keeping him as a service animal, claiming that she was entitled to do so under the Federal Americans with Disabilities Act of 1990 (ADA). In September of 2007, the chimpanzee’s owner sued the State of Arizona, the Game and Fish Commission, and the Director of the Game and Fish Department in federal court claiming that they had violated her rights under the federal disability laws. According to the plaintiff, the ADA requires the state to make “reasonable accommodations” for disabled individuals; and in her case this meant the state must waive its ban on possessing “restricted” apes so that she can keep a chimpanzee in her home as a service animal. The District Court found that the plaintiff’s chimpanzee is “unnecessary” and “inadequate” to meet her disability-related needs and the animal is not a “reasonable” accommodation under the ADA because he threatens the health and safety of the community.

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