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Title Citation Alternate Citation Agency Citation Summary Type
Animal Legal Defense Fund v. Veneman 490 F.3d 725 (9th Cir. 2007) 07 Cal. Daily Op. Serv. 6427

Plaintiffs, who include the Animal Legal Defense Fund ("ALDF"), the Animal Welfare Institute ("AWI"), and three individuals, challenged the United States Department of Agriculture's ("USDA") decision not to adopt a Draft Policy that would have provided guidance to zoos, research facilities, and other regulated entities in how to ensure the psychological well-being of nonhuman primates in order to comply with the federal Animal Welfare Act ("AWA").  The district court granted USDA's motion to dismiss, to which the ALDF timely appealed. Over a vigorous dissent, an appeals court panel reversed the district court's decision. After a sua sponte call, however, a majority of active judges voted to rehear the case en banc. Yet, before the rehearing occurred, the parties had reached a settlement and had agreed to dismiss the case with prejudice provided that the panel's opinion and judgment were vacated. The majority of the en banc panel agreed to vacate the panel's opinion and judgment with prejudice, but Judge Thomas filed the dissenting opinion.

Case
AK - Cruelty - Consolidated Cruelty Statutes AS § 03.55.100 - 190; AS § 11.61.140 - 145 AK ST § 03.55.100 - 190; AK ST § 11.61.140 - 145 This section comprises Alaska's anti-cruelty and animal fighting laws, which were amended in 2010. A person commits cruelty to animals if the person: knowingly inflicts severe and prolonged physical pain or suffering on an animal; with criminal negligence, fails to care for an animal and, as a result, causes the death of the animal or causes severe physical pain or prolonged suffering to the animal; kills or injures an animal by the use of a decompression chamber; intentionally kills or injures a pet or livestock by the use of poison; knowingly kills or injures an animal with the intent to intimidate, threaten, or terrorize another person; or knowingly engages in sexual conduct with an animal, films such activity, induces such activity, or intentionally permits this to occur on premises under the person's control. The court may also prohibit or limit the defendant's ownership, possession, or custody of animals for up to 10 years for convictions under this section. Statute
KY - Cruelty - Consolidated Cruelty Statutes KRS § 525.125 - 137; KRS § 436.600 - 610 KY ST § 525.125 - 137; KY ST § 436.600 - .610 These Kentucky statutes represent the state's anti-cruelty and animal fighting provisions. Under the law, animal cruelty in the first-degree (a class D felony) occurs when a person causes four-legged animals to fight for pleasure or profit. Exclusions under this section include, among others, the killing of animals when hunting, fishing, or trapping; as incident to the processing as food or for other commercial purposes; or for veterinary, agricultural, spaying or neutering, or cosmetic purposes. Statute
TN - Exotic Pet - Part 4. Exotic Animals. T. C. A. §§ 70-4-401 - 418 TN ST §§ 70-4-401 - 418 This Tennessee chapter relates to the private possession of wildlife. It is unlawful for any person to possess, transport, import, export, buy, sell, barter, propagate or transfer any wildlife, whether indigenous to this state or not, except as provided by this part and rules and regulations promulgated by the Tennessee wildlife resources commission pursuant to this part. Additionally, no person shall possess Class I (all species inherently dangerous to humans such as wolves, bears, lions and poisonous snakes) or Class II (native species that are not listed in other classes) wildlife without having documentary evidence showing the name and address of the supplier of such wildlife and date of acquisition. In order to obtain a permit to possess Class I wildlife, a person must be 21, have at least 2 years of experience handling such animals (or take an approved written exam), have a full-time resident caretaker, and must have a plan for the quick and safe recapture of the wildlife, among other provisions. The annual permits and fees for personal possession of Class I wildlife are $150/animal or $1,000/facility. Statute
OR - Exotic Pets - Division 11. Livestock Health and Sanitation. Exotic Animals OR ADC 603-011-0700 to 0725 OAR 603-011-0700 to 0725 This set of regulations includes the Oregon Department of Agriculture's rules governing the possession of non-human primates. Individuals wishing to possess a non-human primate must be qualified by experience and education, have an approved facility, and must obtain an exotic animal permit from the Department. All permittees must comply with the agency's rules for the housing and care of non-human primates and any additional permit conditions that the Department imposes. Administrative
NH - Exotic Pets - Chapter Fis 800 Definitions (for importation and possession of wildlife) NH ADC FIS 801.01 - 26 N.H. Code Admin. R. Fis 801.01 - 26 These following regulations provide the definitions for the terms used in Chapter Fis 800: The Importation, Possession and Use of All Wildlife of the New Hampshire Code of Administrative Regulations. Administrative
FL - Department of Agriculture & Consumer Services - Animal Disease Control West's F. S. A. § 585.01 - 585.69 FL ST § 585.01 - 585.69 This set of laws addresses the role of the Department of Agriculture & Consumer Services, Division of Animal Industry in the prevention, control, or eradication of any contagious, infectious, or communicable disease among domestic or wild animals. The Department is authorized to regulate the importation, transportation, transfer of ownership, and maintenance of animals; establish quarantine areas; and inspect, test, treat, condemn, and destroy animals and animal housing facilities as necessary for the eradication of communicable diseases or the detection of harmful biological and chemical residues in food animals. The laws also direct the Department to develop a list of dangerous transmissible diseases. All veterinarians and animal owners are required to report suspected and confirmed cases of dangerous transmissible diseases to the State Veterinarian; failure to do so is a felony of the second degree. Statute
MA - Exotic pet, breeding - Chapter 131. Inland Fisheries and Game and Other Natural Resources. M.G.L.A. 131 § 23 MA ST 131 § 23 Massachusetts bans private possession of exotic pets, and requires licenses for those who deal and propagate wild species for other reasons. The Massachusetts director of the Division of Fisheries and Wildlife also issues a list of exempted species for which no permit is needed. Statute
NY - Endangered Species - Chapter 43-B. Of the Consolidated Laws. N.Y. Envtl. Conserv. Law § 11-0535 NY ENVIR CONSER § 11-0535 The New York code for endangered species defines endangered species as any species which meets one of the following criteria: native species in imminent danger of extirpation or extinction in New York; or species listed as endangered by the United States Department of the Interior in the Code of Federal Regulations (50 CFR part 17). Statute
AK - Exotic Animals - Title 5. Fish and Game. Article 3. Permits. 5 AAC 92.029 - 035 5 AK ADC 92.029 to .035 These Alaska regulation provides that, except as otherwise provided in this chapter, no person may possess, import, release, export, or assist in those actions, live game, unless the person holds a possession permit issued by the department. The regulations also list species that may be possessed without a permit, but may not be released into the wild which includes dogs,cats, chimpanzees, white rats, and many others. The department may not issue a permit for the capture, possession, import, or export of any game animal, including a hybrid species of a game animal, for use as a pet. Any of the listed species of bird, mammal, or reptile that is endangered may not be held in private ownership without a permit from the United States Fish and Wildlife Service. Administrative

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