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Title Citation Alternate Citation Agency Citation Summary Type
CA - Importation - Chapter 2. Of Other and Miscellaneous Offenses (653o - 653r) West's Ann. Cal. Penal Code § 653o - 653r CA PENAL § 653o - 653r These California laws relate to the importation of certain animals parts for commercial purposes. Under the law, it is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf (Canis lupus), zebra, whale, cobra, python, sea turtle, colobus monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin or porpoise (Delphinidae), Spanish lynx, or elephant. It is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any crocodile or alligator. Commencing January 1, 2022, it is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of an iguana, skink, caiman, hippopotamus, or a Teju, Ring, or Nile lizard. Section 653p makes it unlawful to posses with the intent to sell any part or dead body of any species on the federal endangered species list or species covered under the MMPA. Section 653q makes it illegal to import for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any seal. Statute
SD - Exotic Pets - Chapter 40-3. State Animal Industry Board (captive wildlife provisions) S D C L § 40-3-23 - 30; SDCL § 7-12-29 SD ST § 40-3-23 - 30; § 7-12-29 These South Dakota statutes establish the Animal Industry Board, which promulgate rules to allow nondomestic mammals that are safe to the public and to the free-roaming animals of the state to be imported or possessed. The Board regulates the breeding, raising, marketing, and transportation of any captive nondomestic mammals. The Board may also develop and implement programs to identify animals and premises involved to further animal health and food safety. Statute
ZOOLOGICAL SOCIETY OF CINCINNATI v. THE GORILLA FOUNDATION Slip Copy, 2019 WL 414971 (N.D. Cal. Feb. 1, 2019) In 1991, the plaintiff, Zoological Society of Cincinnati, transferred a western lowland Gorilla named Ndume who had been living at the Zoo to The Gorilla Foundation (TGF) in Northern California. Ndume was sent to TGF in hopes that he and another gorilla there, named Koko, would mate and produce offspring. That never happened. In 2015, the Zoo and TGF entered into a new written agreement which expressly superseded any prior agreements. The agreement provided that upon the death of Koko, Ndume was to be placed at an institution that is accredited by the Association of Zoos and Aquariums (AZA). TGF is not an AZA accredited institution. KoKo died and the Zoo now wants to transfer Ndume back to the zoo. TGF has not made arrangements for a transfer to be carried out. The Zoo brought this suit seeking specific enforcement of the 2015 agreement and contends that it is entitled to summary judgment in its favor. TGF argued that the agreement was illegal and unenforceable because the transfer would harm Ndume. TGF identified a number of potential risks, particularly, that Ndume has a Balantidium Coli infection. TGF contended that stress could trigger an outbreak which could be fatal. The court was unpersuaded and stated that TGF signed the 2015 agreement less than 3 years before the present dispute arose and that all of the circumstances that TGF contends makes compliance with the agreement risky existed when the agreement was negotiated. TGF also contended that the agreement is impracticable due to unreasonable (non-monetary) costs. However, the Court again stated that TGF knew these facts and circumstances when it entered into the agreement. The Court granted the Zoo's motion for summary judgment and denied TGF's request for a continuance to permit it to take discovery. The parties were ordered to confer and attempt to reach a consensus on as many aspects of the protocol for transporting Ndume to the Zoo as possible. If within 30 days of the date of the order the parties cannot reach a consensus, they will have to file a joint statement setting out any issues on which they have reached a stalemate. Case
TX - Exotic pets - Subchapter A. Regulation of Keeping of Wild Animals V. T. C. A., Local Government Code § 240.001 - 004 TX LOCAL GOVT § 240.001 - 004 In this subchapter, wild animal is defined as a nondomestic animal that the commissioners court of a county determines is dangerous and is in need of control in that county. The commissioners court of a county by order may prohibit or regulate the keeping of a wild animal in the county. A person commits a Class C misdemeanor if the person violates an order adopted under this subchapter and the order defines the violation as an offense. Statute
VT - Primates - Rule 300. Animal Welfare Regulations. VT ADC 2-4-300:1.1 - .88 Vt. Admin. Code 2-4-300:1.1 to 3.88 These Vermont regulations provide animal welfare standards for all licensees, including recordkeeping requirements, holding periods, and inspection provisions. Subpart D then outlines the specifications for the humane handling, care, treatment, and transportation of nonhuman primates. Facility requirements, feeding, watering, veterinary care, and transportation requirements are described, among other things. Administrative
In Defense of Animals v. Cleveland Metroparks Zoo 785 F.Supp. 100 (N.D. Ohio, 1991)

This case involves a challenge by several organizations to the proposed move of Timmy, a lowland gorilla, from the Cleveland Metroparks Zoo to the Bronx Zoo in New York for the purposes of mating Timmy with female gorillas at the Bronx Zoo. Plaintiffs filed this lawsuit on October 25, 1991, in the Court of Common Pleas of Cuyahoga County, and moved for a temporary restraining order.  The District Court held that the claim was preempted under the Endangered Species Act (ESA) and the Animal Welfare Act (AWA) and that plaintiffs failed to state a claim under the ESA.  Further, the court held that plaintiffs had no private cause of action under the AWA. 

Case
MN - Cruelty - Consolidated Cruelty Statutes M. S. A. § 343.01 - 40; 609.294; 609.596 - 597 MN ST 343.01 - 40; MN ST 609.294; 609.596 - 597 These Minnesota statute comprise the anti-cruelty laws in the state. This section first allows the formation of private prevention of cruelty to animals societies and humane societies and sets forth their obligations by law. "Animal" is defined by this section as every living creature except members of the human race. No person shall overdrive, overload, torture, cruelly beat, neglect, or unjustifiably injure, maim, mutilate, or kill any animal, or cruelly work any animal when it is unfit for labor. Under the neglect component, the statute states that no person shall deprive any animal over which the person has charge or control of necessary food, water, or shelter, among other things. Statute
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
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
CT - Exotic Pets - § 26-40a. Possession of potentially dangerous animal; Chapter 490. Fisheries and Game C. G. S. A. § 26-1, § 26-40a; § 26-54, 55, 61 CT ST § 26-1, § 26-40a; § 26-54, 55, 61 These Connecticut states reflect the state's laws on the keeping of wild animals. Under § 26-40a, no person shall possess a potentially dangerous animal, which includes wildlife such as the lion, leopard, cheetah, jaguar, ocelot, jaguarundi cat, puma, lynx, bobcat, wolf, coyote, all species of bears, gorilla, chimpanzee and orangutan. The Department of Environmental Protection shall issue a bill to the owner or person in illegal possession of such potentially dangerous animal for all costs of seizure, care, maintenance, relocation or disposal of such animal. Additionally, any person who violates any provision of this section shall be assessed a civil penalty not to exceed $2000, and is guilty of a class A misdemeanor. Under § 26-55, no person shall import or introduce into the state, possess or let loose, any live fish, wild bird, wild mammal, reptile, amphibian or invertebrate unless such person has obtained a permit. Again, a violator is responsible for expenses from the seizure, maintenance, and relocation of the illegally imported animal. The penalty includes a civil fine up to $1000 and results in a class C misdemeanor. Statute

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