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Title Citation Alternate Citation Agency Citation Summary Type
In Defense of Animals v. Oregon Health Sciences University 112 P.3d 336 (Or. 2005) 199 Or.App. 160 (2005)

A nonprofit corporation petitioned the trial court for injunctive and declaratory relief regarding fees charged by a state university primate research center for document inspection.  The circuit court dismissed the action with prejudice, reasoning it lacked subject matter jurisdiction over the fee issue and, assuming jurisdiction existed, the fees were in compliance with law.  The Court of Appeals reversed and remanded, holding the circuit court had jurisdiction to review the basis, reasonableness and amount of fees charged by the university.

Case
CT - Exotic - Sec. 26-55-6. Importation, possession or liberation of wild birds, mammals, reptiles, amphibians and invertebrates CT ADC § 26-55-6 Regs. Conn. State Agencies § 26-55-6 This Connecticut regulation (effective March 1, 2012) places restrictions on who may import or possess certain categories of wild animals in the state. The regulation puts wild animals into one of four categories: Category One, Two, Three, or Four Wild Animals. With regard to Great Apes, a member within the family Hominidae (including, but not limited to, gorilla, chimpanzee and orangutan) is a Category One Animal. No person, except a municipal park, zoo, public nonprofit aquarium, nature center,museum, exhibitor licensed or registered with the United States Department of Agriculture, laboratory registered with the United States Department of Agriculture, or research facility registered with the United States Department of Agriculture, shall import or possess any Category One Wild Animal. Administrative
OK - Rehabilitation, wildlife - Chapter 25 Wildlife Rules OK ADC 800:25-38-1 to 12 Okla. Admin. Code 800:25-38-1 to 12 The following Oklahoma regulations detail that a license is needed for any person who wishes to rehabilitate wildlife. A person must renew this license annually for a fee of ten (10) dollars unless that person has violated any of these provisions or was found not to be taking proper care of the animal during the animal's rehabilitation. In such a case, a person must wait a minimum of one year before that person can renew his or her license. These regulations also relieve the Department of Wildlife from liability and costs incurred by the licensee. Additionally, these regulations require a licensee to report any listed endangered or threatened species; require a record of veterinary visits; require a record of the type of species lodged at the facility; require proper facilities; and require proper release of rehabilitated animals and proper disposal of animals that cannot be rehabilitated. Administrative
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
DE - Exotic Pets - CHAPTER 72. POSSESSION OF MAMMALS OR REPTILES EXOTIC TO DELAWARE 3 Del.C. § 7201 - 7203 DE ST TI 3 § 7201 - 7203 This Delaware law requires a permit to possess, sell, or import any non-native wild animal. No such permits will be granted for non-native venomous snakes. Statute
AL - Cruelty - Alabama Consolidated Cruelty Statutes Ala. Code 1975 § 13A-11-14 - 16; § 13A-11-240 to 247; § 13A–11–260 to 264; § 13A-12-4 - 6; § 3-1-8 to 29; § 2-15-110 to 114 AL ST § 13A-11-14 to 16; § 13A-11-240 to 247; § 13A–11–260 to 264; § 13A-12-4 - 6; § 3-1-8 to 29; § 2-15-110 to 114 These Alabama provisions contain the state's anti-cruelty laws. The first section (under Article 1 of Chapter 11) provides that a person commits a Class A misdemeanor if he or she subjects any animal to cruel mistreatment, neglect (as long as he or she has custody of the animal), or kills or injures without good cause any animal belonging to another. However, if any person intentionally or knowingly violates Section 13A-11-14, and the act of cruelty or neglect involved the infliction of torture to the animal, that person has committed an act of aggravated cruelty and is guilty of a Class C felony. The next section (Article 11 of Chapter 11 entitled, "Cruelty to Cats and Dogs"), provides that a person commits the crime of cruelty to a dog or cat in the first degree if he or she intentionally tortures any dog or cat or skins a domestic dog or cat or offers for sale or exchange or offers to buy or exchange the fur, hide, or pelt of a domestic dog or cat. Cruelty to a dog or cat in the first degree is a Class C felony. Statute
CA - Permits - CHAPTER 3. MISCELLANEOUS. Permits for Restricted Species 14 CA ADC s 671.1 - 671.6 14 CCR § 671.1 - 671.6 Permits are required for possession of restricted species, but the department does not issue permits for exotics pets. Administrative
TX - Circus - Chapter 2152. Regulation of Circuses, Carnivals, and Zoos. V. T. C. A., Occupations Code § 2152.001 - 202 (Repealed 2015) TX OCC § 2152.001 - 202 Note chapter repealed: Repealed by Acts 2015, 84th Leg., ch. 1 (S.B. 219), § 5.318(14), eff. April 2, 2015. This set of Texas laws concerns the regulation of carnivals, circuses, and zoos. However, circuses are specifically exempted from regulation if they are licensed by the USDA and if the circus provides proof of (mandatory) inspection at least once a year. "Circus" is defined as a commercial variety show featuring animal acts for public entertainment. In Texas, the Texas Board of Health must adopt standards for the operation of circuses, carnivals, and zoos that promote humane conditions for animals and protect the public health and safety. A person may not operate a circus, carnival, or zoo unless the person holds a license issued under this chapter for the circus, carnival, or zoo. A person who knowingly operates a circus without a license under this chapter commits a Class C misdemeanor. Statute
SD - Exotic Pets - Chapter 12:68:18 Nondomestic Animal Control ARSD 12:68:18:01 - 09 SD ADC 12:68:18:01 to :09 Any person desiring to import nondomestic mammals into South Dakota for release to the wild to become free roaming nondomestic mammals must obtain an entry permit and obtain a certificate of veterinary inspection issued by a licensed veterinarian in the state of origin. Also, a permit is required to possess in South Dakota any nondomestic mammal, or any of its hybrids, of those of the order Carnivora, all nondomestic members of the Felidae, Canidae, Ursidae, Mustelidae, and Hyaenidae families; of the order Artiodactyla, all nondomestic members; of the order Perissodactyla, all nondomestic members of the order Tapiridae and Rhinocerotidae; of the order Proboscidea, African and Asian elephants; and of the order Primates. Permit costs range anywhere from $10 - 100. The regulations also list procedures for escapes, recordkeeping, and inspection. Administrative
CA - Wild Animal - Chapter 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals. West's Ann. Cal. Fish & G. Code § 2116 - 2203 CA FISH & G § 2116 - 2203 The California Legislature adopted this act based on a findings that wild animals are captured for importation and resold in California and that some populations of wild animals are being depleted, that many animals die in captivity or transit, and that some keepers of wild animals lack sufficient knowledge or facilities for the proper care of wild animals. It was the intention of the Legislature to regulate the importation, transportation, and possession of wild animals to protect the native wildlife and agricultural interests against damage from the existence at large of certain wild animals, and to protect the public health and safety in this state. The act defines "wild animal" and classifies them by species. Among other things, the act also includes inspection and permit provisions that govern the treatment of wild animals and the actions that may be taken where they are concerned. Statute

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