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Displaying 121 - 130 of 369
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Nonhuman Rights Project, Inc. ex rel. Tommy v. Lavery | 152 A.D.3d 73, 54 N.Y.S.3d 392 (N.Y. App. Div. 2017) | 2017 WL 2471600 (N.Y. App. Div. June 8, 2017) | The Petitioners, including the Nonhuman Rights Project, Inc . filed two petitions for habeas corpus relief on behalf of Tommy and Kiko, two adult male chimpanzees. The petitions stated that chimpanzees are intelligent, have the ability to be trained by humans to be obedient to rules, and to fulfill certain duties and responsibilities. Therefore, chimpanzees should be afforded some of the same fundamental rights as humans which include entitlement to habeas relief. The Respondents, included Tommy’s owners, Circle L Trailer Sales, Inc. and its officers, as well as Kiko’s owners, the Primate Sanctuary, Inc. and its officers and directors. The Supreme Court, New York County, declined to extend habeas corpus relief to the chimpanzees. The Petitioners appealed. The Supreme Court, Appellate Division affirmed and held that:(1) the petitions were successive habeas proceedings which were not warranted or supported by any changed circumstances; (2) human-like characteristics of chimpanzees did not render them “persons” for purposes of habeas corpus relief; and (3) even if habeas relief was potentially available to chimpanzees, writ of habeas corpus did not lie on behalf of two chimpanzees at issue. | Case | |
| WA - Exotic Pet - Chapter 16.30. Dangerous Wild Animals | West's RCWA 16.30.005 - 900 | WA ST 16.30.005 - 900 | This Washington chapter passed in 2007 regulates the keeping of dangerous wild animals. By definition, a potentially dangerous wild animal includes, among others, lions, tigers, captive-bred cougars, jaguars, cheetahs, leopards, wolves, (but excluding wolf-hybrids), bears, hyenas, non-human primates, elephants, rhinoceroses, certain reptiles, and venomous snakes. A person shall not own, possess, keep, harbor, bring into the state, or have custody or control of a potentially dangerous wild animal. A person in legal possession of a potentially dangerous wild animal prior to July 22, 2007, and who is the legal possessor of the animal may keep possession of the animal for the remainder of the animal's life. | Statute | |
| MS - Exotic pet - Chapter 8. Importation, Sale and Possession of Inherently Dangerous Wild Animals. | Miss. Code Ann. § 49-8-1 to 49-8-19 | MS ST § 49-8-1 to 49-8-19 | This Mississippi chapter states that it is in the public interest to ensure the public health, safety and welfare by strictly regulating the importation, sale, transfer and possession of those wild animals inherently dangerous to humans. Several species are listed under this section as inherently dangerous to humans, including non-human primates, wolves, bears, hyenas, big cats, and hippopotamus, among others. It is unlawful for a person to import, transfer, sell, purchase or possess any wild animal classified inherently dangerous by law or regulation unless that person holds a permit. Those persons who were in possession of such animals on or before May 1, 1997 were able to continue possession provided that they complied with the permit process. Prior to the issuance of a permit, the applicant must have provided proof of liability insurance in the amount of $100,000.00 for each wild animal up to a maximum of $1,000,000.00. | Statute | |
| People ex rel. Nonhuman Rights Project, Inc. v. Lavery | 2014 WL 6802767 (N.Y. App. Div. Dec. 4, 2014) | 2014 N.Y. Slip Op. 08531 | This case is an appeal from a Supreme Court judgment denying petitioner's application for an order to show cause to commence a CPLR article 70 proceeding. At issue is the legal status of a chimpanzee named Tommy who is being kept on respondents' property. Petitioners filed a habeas corpus proceeding pursuant to CPLR article 70 on the ground that Tommy was being unlawfully detained by respondents. They offered support via affidavits of experts that chimpanzee have the requisite characteristics sufficient for a court to consider them "persons" to obtain personal autonomy and freedom from unlawful detention. The Court of Appeals here is presented with the novel question on whether a chimpanzee is a legal person entitled to the rights and protections afforded by the writ of habeas corpus. In rejecting this designation, the Court relied on the fact that chimpanzees cannot bear any legal responsibilities or social duties. As such, the Court found it "inappropriate to confer upon chimpanzees the legal rights . . . that have been afforded to human beings." | Case | |
| IA - Dangerous - Chapter 717F. Dangerous Wild Animals | I. C. A. § 717F.1 - 13 | IA ST § 717F.1 - 13 | This Iowa set of laws concerns the keeping of dangerous wild animals. Except as otherwise provided in this chapter, a person shall not own or possess a dangerous wild animal or cause or allow a dangerous wild animal owned by a person or in the person's possession to breed. Further, a person shall not transport a dangerous wild animal into this state. There is a grandfather provision that allows a person who owns or possesses a dangerous wild animal on July 1, 2007 to continue to own or possess the dangerous wild animal subject the provisions of the laws. A person owning or possessing a dangerous wild animal who violates a provision of this chapter is subject to a civil penalty of not less than two hundred dollars and not more than two thousand dollars for each dangerous wild animal involved in the violation. | Statute | |
| FL - Wildlife - Chapter 379. Fish and Wildlife Conservation. | West's F. S. A. § 379.231 - 504 | FL ST § 379.231 - 504 | These Florida laws concern the keeping and taking of captive wildlife. Places where wildlife is held in captivity are subject to inspection by the officers of the state commission at any time. The commission shall promulgate rules defining Class I, Class II, and Class III types of wildlife. A companion statutory& section provides that, in order to assure humane treatment of captive wildlife, no person, firm, corporation or association shall be in possession of captive wildlife for public display unless a permit has been obtained. The cost of the permit depends on whether the species fall into Class I, II, or III). | Statute | |
| CA - Research Animals - Chapter 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research | West's Ann. Cal. Health & Safety Code § 1650 - 1677 | CA HLTH & S § 1650 - 1677 | This section regulates the use of animals in medical research. The California Department of Health Services is directed to make rules and regulations providing for satisfactory shelter, food, sanitation, record keeping, and for the humane treatment of animals by persons authorized by the board to raise, keep or to use animals medical research. The department is also authorized to inspect any premises where animals used for the purposes of this section are kept. Violations constitute a misdemeanor. | Statute | |
| ME - Exotic Pets - Subchapter 15. Wildlife Importation and Possession, Permits and Requirements, | 12 M. R. S. A. § 12151 - 12161 | ME ST T. 12 § 12151 - 12161 | These Maine statutes prohibit keeping wildlife in captivity, importing, breeding or releasing wildlife into the wild, with exceptions for a person holding a license. Taking reptiles, amphibians, and certain nonmarine invertebrates from the wild is also prohibited without a license. Provisions for the disposition of wolf hybrids are included. Penalties for violations incur fines that range from $100 to $500. Three or more such violations are considered to be a Class E criminal offense. | Statute | |
| US - CITES Regs - Taking, Possession, Transportation, Sale, Purchase, Barter, Exportation, and Importation of Wildlife and Plant | 50 C.F.R. § 23.1 to 92 |
These regulations describe the purpose of CITES, the criteria for listing in the appendices, and the requirements for importing or exporting protected animals or plants. |
Administrative | ||
| US - Endangered Species - Subpart A. Introduction and General Provisions | 50 C.F.R. § 17.1 to .9 | These regulations for the Endangered Species Act (ESA) cover the introductory materials, including the purpose, definitions, and scope of the administrative regulations. They also include regulations related to "pre-Act" wildlife and examples of such possession as well as provisions for Native Alaskans. | Administrative |