Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Convention on International Trade in Endangered Species | 27 U.S.T. 1087 |
CITES is a mature international treaty which, as of the Fall of 2002, has over 150 countries as members. The purpose of the treaty is to control the international movement of listed wild plants and animals, alive or dead, whole or parts there of ("specimens" of species) in such a manner as to be assured that the pressures of international trade do not contribute to the endangerment of the listed species. States must issue permits for international movement of listed species. |
Treaty | ||
| CA - Circus - § 25989.1. Notice to animal control services agency of performances to be conducted | West's Ann. Cal. Health & Safety Code § 25989.1 | CA HLTH & S § 25989.1 | This California section provides that any traveling circus or carnival must notify entity that provides animal control services for a city, county, or city and county in which the traveling circus or carnival intends to perform of its intent to perform within that jurisdiction at least 14 days prior to the first performance in that city, county, or city and county. Violation results in a fine of $500 - 2,000 for a first violation, and $1,500 - 5,000 for any subsequent violation. | Statute | |
| MT - Cruelty - Consolidated Cruelty Statutes | MCA 45-8-209 - 211; 45-8- 217; 45-8-218; 7-23-4104 | MT ST 45-8-209 to 45-8-211;45-8- 217; 45-8-218; 7-23-4104 | This section comprises Montana's anti-cruelty and dogfighting laws. A person commits the offense of cruelty to animals if he or she knowingly or negligently subjects an animal to mistreatment or neglect; fails to provide an animal in the person's custody with food and water of sufficient quantity or minimum protection for the animal from adverse weather conditions; or, in cases of immediate, obvious, serious illness or injury, fails to provide licensed veterinary or other appropriate medical care. Animal abandonment of a "helpless animal" or abandoning any animal on any highway, railroad, or in any other place where it may suffer is also considered cruelty. A first conviction results in a possible $1,000/1 year imprisonment with graduating penalty enhancements for subsequent convictions. This section does not prohibit a person humanely destroying an animal for just cause or the use of commonly accepted agricultural and livestock practices on livestock (among other things). Section 217 defines aggravated cruelty as either knowingly or purposely killing or inflicting cruelty to an animal with the purpose of terrifying, torturing, or mutilating the animal, or inflicting cruelty to animals on a collection, kennel, or herd of 10 or more animals. | Statute | |
| 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 | |
| ID - Exotic Animals - Chapter 27. Rules Governing Deleterious Exotic Animals | IDAPA 02.04.27.100 | ID ADC 02.04.27.100 | These Idaho rules concern the possession, propagation, and exhibition of "deleterious exotic animals." No person may possess or propagate a deleterious exotic animal in the state, unless such person obtains a possession permit issued by the Administrator. Species of deleterious exotic animals include leopards, lions, non-pinioned mute swans, Russian wild boar, and all non-human primates, among others. | Administrative | |
| Pruett v. Arizona | 606 F.Supp.2d 1065 (D.Ariz.,2009) | 21 A.D. Cases 1520 |
A diabetic woman in Arizona attempted to keep a chimpanzee as an assistance animal in spite of the state’s ape ban. Despite the state’s ban, the diabetic woman imported a chimpanzee with the intention of keeping him as a service animal, claiming that she was entitled to do so under the Federal Americans with Disabilities Act of 1990 (ADA). In September of 2007, the chimpanzee’s owner sued the State of Arizona, the Game and Fish Commission, and the Director of the Game and Fish Department in federal court claiming that they had violated her rights under the federal disability laws. According to the plaintiff, the ADA requires the state to make “reasonable accommodations” for disabled individuals; and in her case this meant the state must waive its ban on possessing “restricted” apes so that she can keep a chimpanzee in her home as a service animal. The District Court found that the plaintiff’s chimpanzee is “unnecessary” and “inadequate” to meet her disability-related needs and the animal is not a “reasonable” accommodation under the ADA because he threatens the health and safety of the community. |
Case | |
| WV - Scientific research - § 20-2-50. Permit to hunt, kill, etc., wildlife for scientific or propagation purposes | W. Va. Code, § 20-2-50 | WV ST § 20-2-50 | Under this West Virginia law, the director may issue a permit to a person to hunt, kill, take, capture or maintain in captivity wildlife exclusively for scientific purposes, but not for any commercial purposes. | Statute | |
| WI - Endangered Species - 29.604. Endangered and threatened species protected | W. S. A. 29.604, 29.977, 29.983 | WI ST 29.604, 29.977, 29.983 | This Wisconsin statute embodies the legislative view that certain wild animals and wild plants are endangered or threatened and are entitled to preservation and protection as a matter of general state concern. Violation of the Act with regard to protected animal species may result in a $500-2,000 for a taking, and a $2,000-5,000 fine with 9 months imprisonment for an intentional taking. Both incur the suspension of hunting license privileges. Incidental takings may be allowed through permit if steps are taken to establish and file a "conservation plan." | Statute | |
| NV - Endangered Species - Protection and Propagation of Native Fauna (Chapter 503) | N. R. S. 503.584 - 503.589 | NV ST 503.584 - 503.589 | These statutes provide that the Legislature of Nevada has an interest in protecting native species from extinction and sets forth the authority to establish programs to protect designated species. However, if a native species is found to be destructive under the statute, the statute provides for removal if appropriate. Under statute, the ultimate responsibility for management rests with the governor for reviewing state programs and entering into interstate and federal agreements. | Statute |