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Displaying 261 - 270 of 369
| Title |
Author |
Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|---|
| Orangutana, Sandra s/ Habeas Corpus | Orangutana, Sandra s/ Habeas Corpus | This decision was decided on an appeal of the writ of habeas corpus brought on behalf of an orangutan named Sandra after it was denied in its first instance. Pablo Buompadre, President of the Association of Officials and Attorneys for the Rights of Animals (AFADA) brought a writ of habeas corpus against the Government of the Autonomous City of Buenos Aires and the City Zoological Garden of Buenos Aires on behalf of the hybrid of two different orangutan species, Sandra. AFADA sought the immediate release and relocation of Sandra to the primate sanctuary of Sorocaba, in the State of Sao Paulo in Brazil. AFADA argued that Sandra had been deprived illegitimately and arbitrarily of her freedom by the authorities of the zoo, and that her mental and physical health was at the time deeply deteriorated, with imminent risk of death. For the first time, basic legal rights were granted to an animal. In this case, Argentina’s Federal Chamber of Criminal Cassation ruled that animals are holders of basic rights. The Court stated that “from a dynamic and non-static legal interpretation, it is necessary to recognize [Sandra] an orangutan as a subject of rights, as non-human subjects (animals) are holders of rights, so it imposes her protection." | Case | ||
| 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 | |
| ANIMAL LEGAL DEFENSE FUND, ANIMAL WELFARE INSTITUTE, COMPLAINT FOR VALERIE BUCHANAN, JANE GARRISON, AND NANCY MEGNA DECLARATORY | This action concerns a lawsuit filed by the Animal Legal Defense Fund (ALDF), et al, over the lack of action by the federal agency, the Animal & Plant Health Inspection Service (APHIS) to adopt a policy on what constitutes appropriate conditions for primates in federally licensed or registered facilities. Specifically, the complaint alleges that the failure of the Animal and Plant Health Inspection Service (APHIS) of the United State Department of Agriculture to make a final decision concerning the defendants' proposed “Policy On Environment Enhancement For Nonhuman Primates.” See 64 Fed. Reg. 38,145 (July 15, 1999) (Policy). APHIS determined at least seven years ago that APHIS enforcement officials and the regulated community urgently need such a policy to insure that primates are housed in “physical environments adequate to promote the[ir] psychological well-being,” as required by the Animal Welfare Act (AWA). 7 U.S.C. § 2143. By failing to make a final decision on the proposed Policy, defendants are violating the Animal Welfare Act, 7 U.S.C. § 2143, and are unreasonably delaying and/or unlawfully withholding agency action in violation of the Administrative Procedure Act, 5 U.S.C. § 706(1). | Pleading | |||
| 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 | |
| OH - Exotic - Chapter 935. Dangerous Wild Animals and Restricted Snakes | R.C. § 935.01 - .99 | OH ST § 935.01 - .99 | On June 5, 2012, Ohio governor Kasich signed the "Dangerous Wild Animal Act" into law. Under this new section, no person shall possess a dangerous wild animal on or after January 1, 2014 unless he or she is authorized under an unexpired wildlife shelter/propagation permit or other exception. Dangerous wild animals include big cats, some smaller exotic cats, bears, elephants, hyenas, gray wolves, alligators, crocodiles and nonhuman primates other than lemurs. Except as provided, no person shall acquire, buy, sell, trade, or transfer possession or ownership of a dangerous wild animal on or after the effective date of this section. | Statute | |
| TN - Endangered Species - Nongame and Endangered or Threatened Wildlife Species Conservation Act of 1974 | T. C. A. § 70-8-101 to 112 | TN ST § 70-8-101 to 112 | These Tennessee statutes comprise the Tennessee Nongame and Endangered or Threatened Wildlife Species Conservation Act of 1974 and includes the legislative intent, definitions, and factors relevant to endangered species investigations. By statute, it is unlawful for any person to take, attempt to take, possess, transport, export, process, sell or offer for sale or ship nongame wildlife, or for any common or contract carrier knowingly to transport or receive for shipment nongame wildlife. Violation constitutes a Class B misdemeanor and incurs warrantless searches and seizure of the wildlife taken and the instrumentalities used in the taking. | Statute | |
| Detailed Discussion of Nebraska Great Ape Laws | Amy Breyer | Animal Legal & Historical Center | Nebraska, like many other states, addresses the question of who may possess a Great Ape by reference to federal law. Nebraska's Nongame Endangered Species Conservation Act states that it is "unlawful for any person to take, possess, transport, export, process, sell or offer for sale, or ship nongame wildlife in need of conservation...." As with other states, Nebraska also has exceptions to the ban against possessing endangered species under its provisions concerning possession of captive wildlife. Great Apes do fall under the definition of "animal" in Section 28-1008, and are thus covered by the general ban against cruelty. The statute, however, carves out an exception for research facilities that meet federal standards. | Article | |
| Detailed Discussion of Maryland Great Ape Laws | Amy Breyer | Animal Legal & Historical Center | The following article discusses Maryland Great Ape law. Maryland regulates possession of Great Apes both expressly via state law as well as indirectly via reference to federal law. At the state level, it bans the importation, sale and transfer of dangerous animals through its anti-cruelty law. (MD CRIM LAW § 10-621) Maryland does not define the term “dangerous animal,” but section (b) lists all non-human primates as one of eight categories of animal that “[a] person may not import into the State, offer for sale, trade, barter, possess, breed, or exchange….” Although Maryland does have several laws that either reference Great Apes specifically or reference federal laws meant to protect Great Apes, many exceptions have been carved out of these protections. As such, Maryland's laws regulating possession and usage of Great Apes is mediocre compared to other states at best. | Article | |
| Detailed Discussion of Mississippi Great Ape Laws | Amy Breyer | Animal Legal & Historical Center | The following article discusses Great Apes law in Mississippi. Mississippi law directly regulates Great Apes by a law that bans the importation and possession of certain wild animals deemed "inherently dangerous." In addition, the state also addresses Great Apes in its general anti-cruelty law as well as its endangered species provisions. | Article | |
| Detailed Discussion of Massachusetts Great Ape Laws | Amy Breyer | Animal Legal & Historical Center | The following article discusses Massachusetts Great Ape law. Although Massachusetts does not have a law that specifically addresses Great Apes, several state laws cover them as protected endangered species. Its Endangered Species Act (MA ST 131A § 1 - 7) bans just about all activities related to the acquisition, possession, transport and sale of an endangered species. The Act's definition of “endangered species” specifically includes animals covered under federal law, encompassing Great Apes. The article argues that compared to other states, Massachusetts has perhaps slightly better than average laws with respect to the ownership and possession of Great Apes. The Commonwealth does not have any specific standards for keeping Great Apes in captivity, however it does reference federal standards in both its endangered species law as well as its exotic animal ban. It also does not contain the broad exception for research that many other state cruelty laws do. | Article |