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Displaying 1 - 10 of 370
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| WV - Cruelty - Consolidated Cruelty Statutes | W. Va. Code, § 7-10-1 to 5; W. Va. Code, § 61-8-19 to 23; W. Va. Code, § 19-33-1 - 5 | WV ST § 7-10-1 to 5; WV ST § 61-8-19 to 23; WV ST § 19-33-1 - 5 | These West Virginia statutes comprise the state's anti-cruelty and animal fighting provisions. If any person cruelly mistreats, abandons or withholds proper sustenance, including food, water, shelter or medical treatment, necessary to sustain normal health and fitness or to end suffering or abandons any animal to die, or uses, trains or possesses any domesticated animal for the purpose of seizing, detaining or maltreating any other domesticated animal, he or she is guilty of a misdemeanor. If any person intentionally tortures or maliciously kills an animal, or causes, procures or authorizes any other person to torture or maliciously kill an animal, he or she is guilty of a felony. The provisions of this section do not apply to lawful acts of hunting, fishing, trapping or animal training or farm livestock, poultry, gaming fowl or wildlife kept in private or licensed game farms if kept and maintained according to usual and accepted standards of livestock, poultry, gaming fowl or wildlife or game farm production and management. The section also prohibits animal fighting, making it a felony if the animal is a dog or other fur-bearing animal ("canine, feline, porcine, bovine, or equine species whether wild or domesticated"), and a misdemeanor if not (i.e., cockfighting). | Statute | |
| US - AWA - Subpart D. Specifications/Standards for Nonhuman Primates | 9 C.F.R. § 3.75 to .92 | This portion of the AWA regulations contains the humane care provisions for non-human primates. Included are requirements for housing facilities, primary enclosures, provisions for psychological well-being, feeding, watering, sanitization, employee requirements, and transportation standards. | Administrative | ||
| MN - Endangered Species - Natural Resources (Ch. 83A-84). Chapter 84. Department of Natural Resources | M. S. A. §§ 84.0895, 84.944, 97A.245, 97A.501 | MN ST § 84.0895, 84.944, 97A.245, 97A.501 | This statute protects endangered and threatened species in Minnesota, as defined in the statute. Under the law, a person may not take, import, transport, or sell any portion of an endangered species of wild animal or plant, or sell or possess with intent to sell an article made with any part of the skin, hide, or parts of an endangered species of wild animal or plant. Violation of the statute is a misdemeanor. | Statute | |
| Animal Legal Defense Fund; Animal Welfare Institute; Valerie Buchanan; Jane Garrison; Nancy Megna, plaintiffs-appellants v. Ann | In this federal action, plaintiffs (ALDF, the AWI, and three individuals) challenged the USDA's decision not to adopt a Draft Policy that would have provided guidance to zoos, research facilities, and other regulated entities in how to ensure the psychological well-being of on-human primates in order to comply with the Animal Welfare Act. While the district court found that the USDA's decision did not constitute a reviewable final agency decision, the Ninth Circuit Court of Appeals found that the lower court did indeed have authority under the Administrative Procedures Act to review the agency's decision not to create a policy. On June 4, 2007, the Court vacated the previous opinion and dismissed the appeal with prejudice. Two judges wrote separate opinions, concurring and dissenting in part. | Pleading | |||
| 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 | |
| DE - Endangered Species - CHAPTER 6. ENDANGERED SPECIES | 7 Del.C. § 601 - 605 | DE ST TI 7 § 601 - 605 | Delaware prohibits the importation, transportation, possession, or sale of any part, hide or an endangered species of fish or wildlife. Delaware also prohibits the intent to import, transport, or sell any part or hide of an endangered species. The only lawful way to take an endangered species is by a license or permit from the Division of Fish and Wildlife and violation of this statute is a class A environmental misdemeanor. | Statute | |
| AK - Cruelty - Consolidated Cruelty Statutes | AS § 03.55.100 - 190; AS § 11.61.140 - 145 | AK ST § 03.55.100 - 190; AK ST § 11.61.140 - 145 | This section comprises Alaska's anti-cruelty and animal fighting laws, which were amended in 2010. A person commits cruelty to animals if the person: knowingly inflicts severe and prolonged physical pain or suffering on an animal; with criminal negligence, fails to care for an animal and, as a result, causes the death of the animal or causes severe physical pain or prolonged suffering to the animal; kills or injures an animal by the use of a decompression chamber; intentionally kills or injures a pet or livestock by the use of poison; knowingly kills or injures an animal with the intent to intimidate, threaten, or terrorize another person; or knowingly engages in sexual conduct with an animal, films such activity, induces such activity, or intentionally permits this to occur on premises under the person's control. The court may also prohibit or limit the defendant's ownership, possession, or custody of animals for up to 10 years for convictions under this section. | Statute | |
| KY - Cruelty - Consolidated Cruelty Statutes | KRS § 525.125 - 137; KRS § 436.600 - 610 | KY ST § 525.125 - 137; KY ST § 436.600 - .610 | These Kentucky statutes represent the state's anti-cruelty and animal fighting provisions. Under the law, animal cruelty in the first-degree (a class D felony) occurs when a person causes four-legged animals to fight for pleasure or profit. Exclusions under this section include, among others, the killing of animals when hunting, fishing, or trapping; as incident to the processing as food or for other commercial purposes; or for veterinary, agricultural, spaying or neutering, or cosmetic purposes. | Statute | |
| CA - Research animals - Group 5. Care of Laboratory Animals | Cal. Admin. Code tit. 17, § 1150 -1159 | 17 CCR §§ 1150 -1159 | This set of regulations establishes certification requirements for research facilities that use live animals in experiments, sets minimum standards of care for research animals, and addresses the requirements for filing complaints with the Department of Public Health. | Administrative | |
| ND - Wildlife, possession/rehabilitation - Article 48.1-09. Nontraditional Livestock. | N.D. Admin. Code § 48.1-09-01-01 - 48.1-09-06-01 | NDAC 48.1-09-01-01 - 48.1-09-06-01 | This section of North Dakota regulations concerns non-traditional livestock: any nondomestic species held in confinement or which is physically altered to limit movement and facilitate capture. The regulations describe three categories of animals: category 1 - those species generally considered domestic, or not inherently dangerous (such as turkeys, geese, ranch mink, and ducks); category 2 - certain protected species or those species that may pose health risks to humans or animals or may be environmentally hazardous (such as all deer, zebras, and nondomestic cats not listed in category 3); and category 3 - those species determined by the board to pose special concerns, including species which are inherently dangerous or environmentally hazardous (such as nondomestic swine, big cats, bears, wolves, venomous reptiles, primates, and non-domestic sheep and goats). Additionally, a person may not keep a skunk or raccoon in captivity. There are specific licensing requirements for category 2 and 3 species. The owner shall obtain a license from the board before acquiring animals classified as nontraditional livestock category 2 and category 3 species. A license or permit may not be granted by the board until it is satisfied that the provisions for housing and caring for such nontraditional livestock and for protecting the public are proper and adequate and in accordance with the standards prescribed by the board. | Administrative |