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Title Citation Alternate Citation Agency Citation Summary Type
Animal Legal Defense Fund; Animal Welfare Institute; Valerie Buchanan; Jane Garrison; Nancy Megna, plaintiffs-appellants v. Ann In this federal action, plaintiffs (ALDF, the AWI, and three individuals) challenged the USDA's 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 on-human primates in order to comply with the Animal Welfare Act. While the district court found that the USDA's decision did not constitute a reviewable final agency decision, the Ninth Circuit Court of Appeals found that the lower court did indeed have authority under the Administrative Procedures Act to review the agency's decision not to create a policy. On June 4, 2007, the Court vacated the previous opinion and dismissed the appeal with prejudice. Two judges wrote separate opinions, concurring and dissenting in part. Pleading
MI - Endangered - Part 365. Endangered Species Protection M. C. L. A. 324.36501 - 07 MI ST 324.36501 - 07 The state of Michigan defines an endangered species as "any fish, plant life, or wildlife that is in danger of extinction throughout all or a significant part of its range, other than a species of insecta determined by the department or the Secretary of the United States Department of the Interior to constitute a pest whose protection under this part would present an overwhelming and overriding risk to humans." Violation of the taking provision constitutes a misdemeanor punishable up to 90-days in jail and/or up to $1,0000 in fines. Statute
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
OH - Endangered Species - Chapter 1518. Endangered Species. R.C. § 1518.01 - 1518.99; 1531.25, 1531.99 OH ST § 1518.01 - 1518.99; 1531.25, 1531.99 These Ohio statutes protect both endangered plants and animals as defined by the State of Ohio as well as those species listed on the federal ESA list. Taking of an endangered or threatened animal species constitutes a misdemeanor and the person is required upon pleading guilty to the offense, in addition to any fine, term of imprisonment, seizure, and forfeiture imposed, to make restitution for the minimum value of the wild animal illegally held, taken, or possessed. Notably, if the aggregate value of the animal(s) taken exceeds $1,000, a person is guilty of a felony. Statute
KY - Endangered Species - Chapter 150. Fish and Wildlife Resources. KRS § 150.180, 183, 260, 280, 990 KY ST § 150.180, 183, 260, 280, 990 Under Kentucky law, no person shall import, transport, possess for resale or sell any endangered species of wildlife. The term "endangered species" means any species of wildlife seriously threatened with worldwide extinction or in danger of being extirpated from the Commonwealth of Kentucky. Violation of the Act may result in fines or possible imprisonment depending on the statutory section violated, and license sanctions may also result. Statute
US - Chimpanzees - Endangered and Threatened Wildlife and Plants; Endangered Status for Chimpanzee and Pygmy Chimpanzee 1990 WL 325467 (F.R.) 50 CFR Part 17 RIN 1018-AB23

The Fish and Wildlife Service (Service) reclassifies wild populations of the chimpanzee and all populations of the pygmy chimpanzee from threatened to endangered status. Both species have declined through such problems as massive habitat destruction, excessive hunting and capture by people, and lack of effective national and international controls. This rule will enhance the protection of the Endangered Species Act of 1973, as amended, for these species. Captive populations of the chimpanzee will continue to be classified as threatened, and individuals of that species in the United States will continue to be covered by a special regulation allowing activities otherwise prohibited.

Administrative
NE - Exotic Wildlife - 008 Keeping Wildlife in Captivity 163 NE ADC Ch. 4, § 008 Neb. Admin. R. & Regs. Tit. 163, Ch. 4, § 008 This Nebraska regulation lists species that are unlawful to keep unless a person is issued a Captive Wildlife Permit, a Controlled Shooting Area Permit, a Rehabilitation Permit or a Scientific Collectors Permit, issued by the Nebraska Game and Parks Commission or under a captive cervine permit issued by the Nebraska Department of Agriculture. Captive Wildlife Permits shall not be issued for wild birds or wild mammals which have been taken or removed from the wild. Provisions for public auctions that deal in captive wild bird or mammals are described in 008.004. Importation and exportation of wildlife are also detailed in this rule. Administrative
VT - Exotic pet, wildlife - § 4709. Importation, stocking wild animals 10 V.S.A. § 4709 VT ST T. 10 § 4709 This Vermont law provides that a person may not bring into the state or possess any live wild bird or animal of any kind, unless the person obtains from the commissioner a permit to do so. Applicants shall pay a permit fee of $100.00. 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

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