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Title Citation Alternate Citation Agency Citation Summary Type
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 In 2015, the Zoo and TGF entered into a new written agreement which expressly superseded any prior agreements.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
US - Primate - Animal Welfare; Draft Policy on Environment Enhancement for Nonhuman Primates Doc. No. 98-121-1

Under the Animal Welfare Act, our regulations require that dealers, exhibitors, and research facilities that maintain nonhuman primates develop and follow a plan for environment enhancement adequate to promote the psychological well-being of the nonhuman primates. We have developed a draft policy to clarify what we believe must be considered and included in the plan in order for dealers, exhibitors, and research facilities to adequately promote the psychological well-being of nonhuman primates.

Administrative
MT - Exotic Pets - Sub-chapter 22. Exotic Wildlife Mont.Admin.R. 12.6.2201 - 2230 MT ADC 12.6.2201 - 2230 These Montana regulations provide the requirements for care and housing of exotic wildlife. The list of noncontrolled species and prohibited species is also provided. Administrative
CA - Crimes - § 597. Cruelty to animals West's Ann. Cal. Penal Code § 597 CA PENAL § 597 This statutes states that anyone who maliciously and intentionally maims, mutilates, tortures, or wounds a living animal, or maliciously and intentionally kills an animal, is guilty of an offense punishable by imprisonment in the state prison, or by a fine of not more than twenty thousand dollars ($ 20,000), or by both the fine and imprisonment, or, alternatively, by imprisonment in a county jail for not more than one year, or by a fine of not more than twenty thousand dollars ($ 20,000), or by both the fine and imprisonment. The statute also defines specific forms of torture and mistreatment that qualifies as a crime under this section. Statute
NJ - Cruelty - Consolidated Cruelty Statutes NJSA 4:22-10 to 4:22-61; NJSA 2C:33-31 - 32 NJ ST 4:22-10 to 4:22-61; 2C:33-31 - 32 These New Jersey statutes comprise the state's anti-cruelty provisions. According to the definitional section, "animal" or "creature" includes the whole brute creation. Exclusions under the act include state regulated scientific experiments, state sanctioned killing of animals, hunting of game, training of dogs, normal livestock operations, and the killing of rats and mice. With regard to livestock practices, no person may be cited or arrested for a first offense involving a minor or incidental violation of any provision of this title involving alleged cruelty to domestic livestock unless that person has first been issued a written warning. 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
SC - Endangered Species - Chapter 15. Nongame and Endangered Species Conservation Act Code 1976 § 50-15-10 to 100 SC ST § 50-15-10 to 100 These statutes comprise the "South Carolina Nongame and Endangered Species Conservation Act." Included in the provisions are definitions and criteria related to the listing of endangered species. Violation of the provisions constitutes misdemeanors of varying penalties as well as forfeiture of equipment used in the illegal takings. Statute
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
TX - Cruelty - Consolidated Cruelty Statutes V.T.C.A., Penal Code § 42.09; § 42.091; § 42.092; § 42.10; § 42.105; § 42.107 TX PENAL § 42.09; § 42.091; § 42.092; § 42.10; § 42.105; § 42.107 These comprise Texas' anti-cruelty laws. Texas has laws that prohibit cruelty to both livestock (sec. 42.09) and non-livestock animals (sec. 42.092). Both laws requires a scienter of intentionally or knowingly, and enumerate limited defenses. "Animal" means a domesticated living creature and wild living creature previously captured but does not include an uncaptured wild creature. Also included is Texas animal fighting provision, which criminalizes being a spectator at an animal fighting exhibition among other things. In 2011, Texas enacted a law prohibiting cockfighting. Statute
In Defense of Animals v. National Institutes of Health 543 F.Supp.2d 70 (D.C.C., 2008)

This FOIA case was brought against the National Institutes of Health ("NIH") by In Defense of Animals (“IDA”) seeking information related to approximately 260 chimpanzees located as the Alamogordo Primate Facility (“APF”) in New Mexico. Before the court now is NIH's Motion for Partial Reconsideration as to the release of records. This Court rejected NIH’s arguments that the records are not “agency records” because they belong to NIH's contractor, Charles River Laboratories, Inc. (“CRL”), a publicly held animal research company. Also, the Court was equally unconvinced that the information requested here is “essentially a blueprint of the APF facility,” and that release of such information presents a security risk to the facility.

Case

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