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Title Citation Alternate Citation Agency Citation Summary Type
MT - Cruelty - Consolidated Cruelty Statutes MCA 45-8-209 - 211; 45-8- 217; 45-8-218; 7-23-4104 MT ST 45-8-209 to 45-8-211;45-8- 217; 45-8-218; 7-23-4104 This section comprises Montana's anti-cruelty and dogfighting laws. A person commits the offense of cruelty to animals if he or she knowingly or negligently subjects an animal to mistreatment or neglect; fails to provide an animal in the person's custody with food and water of sufficient quantity or minimum protection for the animal from adverse weather conditions; or, in cases of immediate, obvious, serious illness or injury, fails to provide licensed veterinary or other appropriate medical care. Animal abandonment of a "helpless animal" or abandoning any animal on any highway, railroad, or in any other place where it may suffer is also considered cruelty. A first conviction results in a possible $1,000/1 year imprisonment with graduating penalty enhancements for subsequent convictions. This section does not prohibit a person humanely destroying an animal for just cause or the use of commonly accepted agricultural and livestock practices on livestock (among other things). Section 217 defines aggravated cruelty as either knowingly or purposely killing or inflicting cruelty to an animal with the purpose of terrifying, torturing, or mutilating the animal, or inflicting cruelty to animals on a collection, kennel, or herd of 10 or more animals. Statute
PA - Permits, Menagerie - Chapter 147. Special Permits 58 PA ADC § 147.281 - 287 58 Pa. Code § 147.281 - 287 These Pennsylvania regulations relate to safeguards for public safety, humane care and treatment, adequate housing and nutrition, sanitation, safety, acquisition and disposal of wildlife kept in menageries. Under the regulations, it is unlawful to keep wildlife in an unsanitary or unsafe condition or in a manner which results in maltreatment, mistreatment or neglect. The regulations outline requirements for cage construction, food and water provision, waste disposal, and drainage. Administrative
NH - Exotic Pets - Part FIS 804. Possession of Wildlife NH ADC FIS 804.01 - .07 N.H. Code Admin. R. Fis 804.01 - .07 Under these New Hampshire regulations, a permit to possess wildlife shall not be required for any person to possess wildlife designated as non-controlled (species such as aquarium fish, amphibians, reptiles except for alligators, crocodiles, and venomous species, many pet birds, small pet mammals like gerbils and hamsters, and certain ungulates). However, no person shall be issued a permit to possess wildlife that has been designated as prohibited. These prohibited species include, among others, zebra mussels, non-indigenous crayfish, walking catfish, and the white amur. A person must possess a permit to possess any live wildlife, or their hybrids, designated as controlled. Table 800.2 lists the controlled species which include many wild turtles and salamanders, alligators, crocodiles, badgers, bears, cougars, coyotes, elephants, kangaroos, big cats, and large primates such as chimpanzees and gorillas. Any person who has legally acquired and possesses wildlife under a valid permit in 1992, and continuously since, and such wildlife is now designated as prohibited or controlled, shall be issued a permit to possess such wildlife. Administrative
NH - Exotic Pets, Wildlife - Chapter 207. Import, Possession, or Release of Wildlife. N.H. Rev. Stat. § 207:14 - 207:15-a NH ST § 207:14 - 207:15-a This New Hampshire section states that no person shall import, possess, sell, exhibit, or release any live marine species or wildlife, or the eggs or progeny thereof, without first obtaining a permit from the executive director except as otherwise permitted. The executive director has the authority to determine the time period and any other conditions governing the issuance of such permit. Any wildlife release or imported contrary to these provisions are subject to seizure. Statute
WA - Research - 19.86.145. Penalties--Animals used in biomedical research West's RCWA 19.86.145 WA ST 19.86.145 This law provides that any violation of RCW 9.08.070 - 9.08.078 (relating to concealing or taking a pet animal with the intent to deprive or defraud the owner) or RCW 16.52.220 (relating to transfer of mammals other than rats or mice for use in research) constitutes an unfair or deceptive practice. Research institutions that violate this provision face only monetary penalties not to exceed $2,500. Statute
ZOOLOGICAL SOCIETY OF CINCINNATI v. THE GORILLA FOUNDATION Slip Copy, 2019 WL 414971 (N.D. Cal. Feb. 1, 2019) In 1991, the plaintiff, Zoological Society of Cincinnati, transferred a western lowland Gorilla named Ndume who had been living at the Zoo to The Gorilla Foundation (TGF) in Northern California. Ndume was sent to TGF in hopes that he and another gorilla there, named Koko, would mate and produce offspring. That never happened. In 2015, the Zoo and TGF entered into a new written agreement which expressly superseded any prior agreements. The agreement provided that upon the death of Koko, Ndume was to be placed at an institution that is accredited by the Association of Zoos and Aquariums (AZA). TGF is not an AZA accredited institution. KoKo died and the Zoo now wants to transfer Ndume back to the zoo. TGF has not made arrangements for a transfer to be carried out. The Zoo brought this suit seeking specific enforcement of the 2015 agreement and contends that it is entitled to summary judgment in its favor. TGF argued that the agreement was illegal and unenforceable because the transfer would harm Ndume. TGF identified a number of potential risks, particularly, that Ndume has a Balantidium Coli infection. TGF contended that stress could trigger an outbreak which could be fatal. The court was unpersuaded and stated that TGF signed the 2015 agreement less than 3 years before the present dispute arose and that all of the circumstances that TGF contends makes compliance with the agreement risky existed when the agreement was negotiated. TGF also contended that the agreement is impracticable due to unreasonable (non-monetary) costs. However, the Court again stated that TGF knew these facts and circumstances when it entered into the agreement. The Court granted the Zoo's motion for summary judgment and denied TGF's request for a continuance to permit it to take discovery. The parties were ordered to confer and attempt to reach a consensus on as many aspects of the protocol for transporting Ndume to the Zoo as possible. If within 30 days of the date of the order the parties cannot reach a consensus, they will have to file a joint statement setting out any issues on which they have reached a stalemate. Case
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
NE - Endangered Species - Article 8. Nongame and Endangered Species Conservation Act Neb. Rev. St. § 37-801 to 811 NE ST § 37-801 to 811 These statutes comprise the Nebraska Nongame and Endangered Species Conservation Act. Included are the definitions used in the Act, the legislative intent behind the Act, and the duty of the commission that oversees the Act. Violation of the Act constitutes a Class II misdemeanor. Statute
VA - Endangered Species - Article 6. Endangered Species. Va. Code Ann. §§ 29.1-563 - 570 VA ST §§ 29.1-563 - 570 The taking, transportation, possession, sale, or offer for sale within the Commonwealth of any fish or wildlife appearing on any list of threatened or endangered species published by the United States Secretary of the Interior pursuant to the provisions of the federal Endangered Species Act of 1973 (P.L. 93-205), or any modifications or amendments thereto, is prohibited except as provided in § 29.1-568. Interestingly, the state mandates that anyone who keeps a non-native or exotic reptile must keep the reptile so as to prevent it from running-at-large or escaping.  Violation of this provision is a Class 2 misdemeanor. Statute
UT - Wildlife Possession - R657-3. Collection, Importation, Transportation, and Possession of Animals. UT ADC R657-3 U.A.C. R657-3 This set of Utah rules concerns the collection, importation, and possession of zoological animals under circumstances described in the rules. Commonly kept domestic animals such as alpacas, donkeys, cats, dogs and hybrid dogs, gerbils, goats, hamsters, and many others are not governed by these rules. A person shall obtain a certificate of registration before collecting, importing, transporting, or possessing any species of animal or its parts classified as prohibited or controlled. A person may not release to the wild or release into any public or private waters any zoological animal, including fish, without first obtaining authorization from the division. Certain species are prohibited for collection, importation, and possession. These species include bighorn sheep, bears, coyotes, gray wolves, wild cats, skunks, lemurs, great apes, and those species listed in Appendix I or II of CITES, among others listed in R657-3-24. Administrative

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