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Title Citation Alternate Citation Agency Citation Summary Type
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
KY - Exotic Animals - Chapter 65. General Provisions Applicable to Counties, Cities KRS § 65.877 KY ST § 65.877 This Kentucky statue authorizes counties and cities to regulate or prohibit the holding of inherently dangerous wildlife. For example, the Department of Fish and Wildlife Resources has identified some of the following animals as being dangerous: African buffalo, Hippopotamus, Hyenas, Old world badger, Lions, jaguars, leopards, or tigers, Clouded leopard, Cheetah, Elephants, Rhinoceroses, Gorillas, Baboons, drills, or mandrills, Crocodiles, Alligators or caimans, certain snakes, Gila monsters or beaded lizards, Komodo dragon, Wolverine, Bears, Wolf, mountain lion. Statute
ID - Exotic Animals - Chapter 27. Rules Governing Deleterious Exotic Animals IDAPA 02.04.27.100 ID ADC 02.04.27.100 These Idaho rules concern the possession, propagation, and exhibition of "deleterious exotic animals." No person may possess or propagate a deleterious exotic animal in the state, unless such person obtains a possession permit issued by the Administrator. Species of deleterious exotic animals include leopards, lions, non-pinioned mute swans, Russian wild boar, and all non-human primates, among others. Administrative
PA - Rehabilitation, wildlife - Subchapter P. Wildlife Rehabilitation 58 PA ADC § 147.301 - 312 58 Pa. Code § 147.301 - 312 Under this Pennsylvania chapter of regulations, the Director may issue a permit to an individual who meets the requirements of 34 Pa.C.S. § 2901(a) (relating to authority to issue permits) and this subchapter for the purpose of wildlife rehabilitation, wildlife capture and transportation, and educational use of rehabilitation wildlife. "Wildlife rehabilitation"is defined as the treatment and temporary care of injured, diseased and displaced wildlife, and the subsequent release of healthy wildlife to appropriate habitats in the wild. Administrative
TX - Cruelty - Consolidated Cruelty Statutes V.T.C.A., Penal Code § 42.09; § 42.091; § 42.092; § 42.10; § 42.105; § 42.107 TX PENAL § 42.09; § 42.091; § 42.092; § 42.10; § 42.105; § 42.107 These comprise Texas' anti-cruelty laws. Texas has laws that prohibit cruelty to both livestock (sec. 42.09) and non-livestock animals (sec. 42.092). Both laws requires a scienter of intentionally or knowingly, and enumerate limited defenses. "Animal" means a domesticated living creature and wild living creature previously captured but does not include an uncaptured wild creature. Also included is Texas animal fighting provision, which criminalizes being a spectator at an animal fighting exhibition among other things. In 2011, Texas enacted a law prohibiting cockfighting. Statute
MO - Exotic pet - 578.023. Keeping a dangerous wild animal, penalty V. A. M. S. 578.023 MO ST 578.023 This Missouri law states that no person may keep any lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarundi, hyena, wolf, bear, nonhuman primate, coyote, any deadly, dangerous, or poisonous reptile, or any deadly or dangerous reptile over eight feet long, in any place other than a properly maintained zoological park, circus, scientific, or educational institution, research laboratory, veterinary hospital, or animal refuge, unless such person has registered such animals with the local law enforcement agency in the county in which the animal is kept. Violation is a class C misdemeanor. Statute
AR - Health - 125.00.12. Arkansas Health Requirements Governing the Entry of Livestock, Poultry, and Exotic Animals AR ADC 125 00 001 Ark. Admin. Code 125.00.12 Under Section 125.00.12, it is illegal to import any animal that is affected with, or has been recently exposed to, any infectious or communicable disease. An entry permit from the Livestock and Poultry Commission and certificate of veterinary health is required to import all zoo, wild, and/or exotic animals. Prior to entry the agency requires certain disease tests appropriate to the species at issue. Administrative
NM - Rehabilitation, wildlife - 19.35.5. Wildlife Rehabilitation Permits 19.35.5 NMAC N.M. Admin. Code 19.35.5.1 to 19.35.5.14 The stated objective of this regulation is to establish and implement a system for the issuance and use of permits for the rehabilitation of sick, injured, orphaned or otherwise incapacitated wildlife for return to the wild or other authorized disposition in New Mexico. Administrative
OK - Cruelty - Animal Facilities Protection Act/Consolidated Cruelty Laws 21 Okl. St. Ann. 1680 - 1700; 21 Okl. St. Ann. § 886 OK ST T. 21 1680 - 1700; OK ST T. 21 § 886 These Oklahoma statutes comprise the Animal Protection Act. The main thrust of the act is the prohibition of animal cruelty and animal fighting. Included in the provisions are the definitions (including the statutory definition of "animal") and the prohibited acts related to animal facilities. The statute further provides that no one shall intentionally damage the enterprise conducted at an animal facility (including releasing animals there with the intent to deprive the owner of such facility). Violation incurs a felony with a fine of up to $5,000 or imprisonment up to seven years or both. 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

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