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Title Citation Alternate Citation Agency Citation Summary Type
OR - Primates - 603-011-0381 Importation of Nonhuman Primates OR ADC 603-011-0381 OAR 603-011-0381 This Oregon regulation provides that no person shall ship, move, or import into this state any nonhuman primates (including, but not limited to, monkeys, baboons, gibbons, chimpanzees, and marmosets) without first obtaining a permit from the Department. Further, all nonhuman primates shipped, moved, or imported into this state shall also be accompanied by an official health certificate certifying that said animals are free from the following human pathogenic agents. Administrative
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
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
NJ - Endangered Species - Subchapter 4. Endangered, Nongame and Exotic WIildlife N.J. Admin. Code tit. 7, § 25-4.1 - 20 NJ ADC 7:25-4.1 - .20

This set of New Jersey regulations first defines "exotic mammal, bird, reptile or amphibian” as any nongame species or mammal, bird, reptile or amphibian not indigenous to New Jersey. Except as provided, no person shall possess any nongame species or exotic species of any mammal, bird, reptile or amphibian unless such person has first received both the appropriate permit from the Department of Environmental Protection. Some exotic species that require a permit for possession include ferrets, pythons, and monitors. Permit fees range from $10 for the individual hobby to $100 for an animal dealer. The regulations also define a "potentially dangerous species” as any exotic mammal, bird, reptile or amphibian or nongame species which is capable of inflicting serious or fatal injuries or which has the potential to become an agricultural pest or a menace to the public health or indigenous wildlife populations. Some of these species include non-domestic dogs, baboons, monkeys, bears, non-domestic cats, gila monsters, alligators, and ground squirrels.

Administrative
CA - Importation - Subchapter 3.2. Importation of Wild Animals Cal. Admin. Code tit. 17, § 30070 - 30086 17 CCR §§ 30070 - 30086 This set of regulations establishes the import permit and quarantine requirements for wild and exotic animals. Administrative
NY - Enforcement, Conservation - Article 71. Enforcement. McKinney's ECL § 71-0101 to 71-0927 NY ENVIR CONSER § 71-0101 to 71-0927 This set of statutes outlines the procedures and penalties for violations of New York's Environmental Conservation Law. Statute
CA - Cruelty, exemptions - § 599c. Construction of title; game laws; West's Ann. Cal. Penal Code § 599c CA PENAL § 599c This statute makes it clear that the title is not meant to interfere with “game laws” or the right to destroy venomous reptiles or other dangerous animal. Neither is there an intent to interfere with laws regarding the destruction of certain birds, interfere with the right to kill animals used for food or with scientific experiments. Statute
MO - Endangered Species - Chapter 252. Department of Conservation--Fish and Game. V.A.M.S. 252.020, 252.235, 252.240 MO ST 252.020, 252.235, 252.240 This Missouri statute provides that the importation, transportation, or sale of any endangered species of fish or wildlife, or hides or other parts thereof, or the sale or possession with intent to sell any article made in whole or in part from the skin, hide or other parts of any endangered species of fish or wildlife is prohibited. Violation of the statute constitutes a Class B 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
Howard v. Chimps, Inc. 284 P.3d 1181 (Or. App. 2012) 2012 WL 3195145 (Or. App. 2012); 251 Or.App.636 (2012)

While cleaning a cage at a chimpanzee sanctuary, the plaintiff was twice attacked by a chimpanzee, which left the plaintiff without much of her thumb. Plaintiff brought a suit against the sanctuary based on claims of strict liability; under a statute and common law; negligence; and gross negligence. At the district court, the plaintiff lost because she had signed a waiver releasing the sanctuary from liability "on all claims for death, personal injury, or property damage" and because she failed to state a claim in regards to the gross negligence charge. In affirming the lower court's decision, the appellate court found an enforceable contract existed with the waiver, and that there was no evidence of reckless disregard on defendant's part to rise to the level of gross negligence.

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