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Displaying 91 - 100 of 369
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| 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 | |||
| NC - Exotic Pets - .0212 Importation Requirements: WIild Animals | 2 NC ADC 52B.0212 | 2 NCAC 52B.0212 | This North Carolina regulation states that person must obtain a permit from the State Veterinarian before importing any of the following animals into this State: skunk; fox; raccoon; ringtail; bobcat (includes lynx and other North and South American felines as cougars, jaguars, etc.); coyote; marten; brushtail Possum (Trichosurus vulpecula). Permits for the importation into this State of any of these animals shall be issued only if the animal(s) will be used in a research institute, or for exhibition by a USDA licensed exhibitor, or organized entertainment as in zoos or circuses. Any species or hybrid of a mammal not otherwise covered in the Administrative Code that is found to exist in the wild or naturally occurs in the wild must be accompanied by a valid certificate of veterinary inspection. | Administrative | |
| Nonhuman Rights Project on behalf of Tommy and Kiko v. | 31 N.Y.3d 1054, 100 N.E.3d 846 (2018) | 2018 WL 2107087 (Mem), 2018 N.Y. Slip Op. 03309 | The petitioner, Nonhuman Rights Project brought this appeal on behalf of Tommy and Kiko, who are two captive chimpanzees. The chimpanzees had been confined by their owners in small cages within a warehouse and a cement storefront in a crowded residential area, respectively. Petitioner sought leave to appeal from an order of the Appellate Division, which affirmed two judgments of the Supreme Court declining to sign orders to show cause to grant the chimpanzees habeas relief. The lower courts based their denial of habeas corpus for the chimpanzees on the dictionary definition for "person." The term “person” tends to lean towards an entity that is recognized by law as having most of the rights and duties of a human. The Appellate Division also reasoned that chimpanzees are not considered people because they lack the capacity to bear legal duties or to be held legally accountable for their actions. As a counter, the Petitioner argued that the same can be said for human infants or comatose human adults, yet no one would say that it is improper to seek a writ of habeas corpus on behalf of one of them. The Appellate Division therefore based their denial on the fact that chimpanzees are not a member of the human species. In the instant action, Court of Appeals of New York denied the motion for leave to appeal. In the concurring opinion, Judge Fahey states that the better approach is not to ask whether a chimpanzee fits the definition of a person or whether it has the same rights and duties as a human being, but whether he or she has the right to liberty protected by habeas corpus. The concurring opinion also found that the Appellate Division erred by misreading the case it relied on and holding that a habeas corpus challenge cannot be used to seek transfer; a habeas corpus challenge can be used to seek a transfer to another facility. Although Judge Fahey recognizes that Chimpanzees share at least 96% of their DNA with humans and are autonomous, intelligent creatures, he concurred with the Appellate Division’s decision to deny leave to appeal. However, he ultimately questioned whether the Court was right to deny leave in the first instance. | Case | |
| NV - Cruelty - Consolidated Cruelty Statutes | N. R. S. 574.010 to 574.550; N.R.S. 202.487; N.R.S. 201.455 | NV ST 574.010 to 574.550; N.R.S. 202.487 | This comprehensive section comprises the Nevada anti-cruelty statutes. The section first empowers private prevention of cruelty to animals societies and outlines their powers and responsibilities, including the power to arrest. Under this section, "animal" does not include the human race, but includes every other living creature. Animal cruelty, as described in Section 574.100, prohibits the overdriving, overloading, torture, cruel beating or unjustifiable injuring, maiming, mutilation or killing of an animal, as well as the deprivation of necessary sustenance, food or drink. The first offense under this section is a misdemeanor with enhancement to a felony for a third or subsequent convictions. Animals fighting is also prohibited under the section, with enhanced sentences for subsequent convictions. Other specific crimes include mistreatment of dogs, abandonment of animals, poisoning (although the section does not prohibit the destruction of "noxious animals"), and basic requirements for the care of dogs and cats kept in kennels or sold by pounds or pet shops. | Statute | |
| AK - Fish and Game - Chapter 05. Fish and Game Code | AS § 16.05.150; § 16.05.255, § 16.05.270, § 16.05.920; § 16.05.925, § 16.05.940 | AK ST § 16.05.150; § 16.05.255, § 16.05.270, § 16.05.920; § 16.05.925, § 16.05.940 | These provisions concern Alaska's Department of Fish and Game (DFG). The enforcement authority is defined and another statute gives power to the Board of Game to adopt regulations for game animals. Under Sec. 16.05.920, a person may not take, possess, transport, sell, offer to sell, purchase, or offer to purchase fish, game, or marine aquatic plants, or any part of fish, game, or aquatic plants, or a nest or egg of fish or game unless permitted by regulation. "Game" is defined as any species of bird, reptile, and mammal, including a feral domestic animal, found or introduced in the state, except domestic birds and mammals. | Statute | |
| KY - Exotic Animals - Chapter 65. General Provisions Applicable to Counties, Cities | KRS § 65.877 | KY ST § 65.877 | This Kentucky statue authorizes counties and cities to regulate or prohibit the holding of inherently dangerous wildlife. For example, the Department of Fish and Wildlife Resources has identified some of the following animals as being dangerous: African buffalo, Hippopotamus, Hyenas, Old world badger, Lions, jaguars, leopards, or tigers, Clouded leopard, Cheetah, Elephants, Rhinoceroses, Gorillas, Baboons, drills, or mandrills, Crocodiles, Alligators or caimans, certain snakes, Gila monsters or beaded lizards, Komodo dragon, Wolverine, Bears, Wolf, mountain lion. | Statute | |
| DE - Exotic Animals - Chapter 903. Exotic Animal Regulations | 3 DE ADC 903-1.0 - 14 | 3 Del. Admin. Code 903-1.0 to 14 | These regulations govern the permitting process, possession, sale, rehabilitation and exhibition of exotic animals, i.e., live wild mammals, hybrids of wild mammals, and live reptiles not native to or generally found in the State of Delaware. The State Veterinarian or her or his designee shall have the authority to administer these regulations and shall be solely responsible for making the determinations required herein. | Administrative | |
| OK - Importation - Subchapter 25. Wildlife Classified as Domesticated and Exempt | OK ADC 800:25-25-1 - 3 | OAC 800:25-25-1 - 3 | The purpose of this Subchapter is to establish a list of wildlife that are to be considered domesticated and, therefore, exempt from licensing and permit requirements of the Department. | Administrative | |
| CA - Fish & Game - Chapter 6.5. Control of Illegally Taken Fish and Wildlife | West's Ann. Cal. Fish & G. Code § 2580 - 2589 | CA FISH & G § 2580 - 2589 | This set of laws outlines various violations involving the possession and movement of illegally obtained animals and imposes liability for those activities. | Statute | |
| FL - Endangered - Endangered and Threatened Species Act | West's F. S. A. § 379.2291 - 2311 | FL ST § 379.2291 - 379.2311 (formerly FL ST § 372.072 - 074) | These Florida statutes define endangered and threatened species and provide the State's intent to protect these species. Under statute, the intentional killing or wounding of a listed species incurs a third degree felony. Interestingly, the state has a reward program for the arrest and conviction of those who violate state endangered species laws. | Statute |