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Title Citation Alternate Citation Agency Citation Summary Type
ANIMAL LEGAL DEFENSE FUND, a California corporation, CHIMPANZEE COLLABORATORY, SARAH BAECKLER, AMAZING ANIMAL ACTORS, INC., a Ca Plaintiffs assert in their complaint that defendants, individuals and companies who use non-human primates in television and movie productions, engage in physical and psychological abuse of chimpanzees. According to plaintiffs, the abuse has been going on for years and includes violent beatings with sticks and other implements. Plaintiffs raise their first cause of action under the federal Endangered Species Act, contending that defendant's harassment, beating, and brutalization of the chimpanzees constitutes a "taking" under the ESA. Plaintiffs also raise causes of action under California law for specific recovery of property (e.g., the primates), conversion, violations under the California Business Code, and violations under the cruelty provisions of the California Penal Code. Pleading
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
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
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
MT - Exotic wildlife - Part 7. Importation, Introduction, and Transplantation of Wildlife MCA 87-5-701 to 87-5-725 MT ST 87-5-701 to 87-5-725 These Montana statutes control the importation, introduction, and transplantation of exotic wildlife into the state. The importation of any wildlife is prohibited unless the species poses no threat of harm to native wildlife and plants or to agricultural production and that the introduction has significant public benefits. Violations may result in a fine or imprisonment. Statute
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
New England Anti-Vivisection Society v. United States Fish and Wildlife Service and Yerkes National Primate Research Center 208 F. Supp. 3d 142 (D.D.C. 2016) 2016 WL 4919871 (D.D.C., 2016) New England Anti-Vivisection Society (NEAVS), a non-profit organization that dedicates itself to animal-welfare, brought suit against the United States Fish and Wildlife Service (FWS) for issuing an export permit to Yerkes National Primate Research Center (Yerkes). NEAVS filed suit against FWS arguing that FWS had violated the Endangered Species Act, the Administrative Procedure Act, the National Environmental Policy Act, and the Convention on International Trade in Endangered Species. NEAVS argued that FWS had violated the acts by allowing Yerkes to export chimpanzees in exchange for making a financial donation that would be put towards a program to help with “habitat destruction and disease, which face wild chimpanzees in East Africa.” The court reviewed the case and determined that it did not have subject-matter jurisdiction to address the claims made by NEAVS. The court found that NEAVS was not able to establish standing under Article III of the Constitution because NEAVS had not “suffered an injury in fact.” Ultimately, the court held that NEAVS was unable to show that it had a “concrete and particularized injury in fact that is actual or imminent” and that is “traceable” to FWS’ actions. As a result, the court granted summary judgment in favor of FWS. Case
WA - Cruelty - Consolidated Cruelty Laws (Chapter 16.52) West's RCWA 16.52.010 - 360 WA ST 16.52.010 - 360 This section of statutes contains Washington's anti-cruelty provisions. Under the section, "animal" means any nonhuman mammal, bird, reptile, or amphibian. Sections 16.52.205 and 16.52.207 are the primary anti-cruelty provisions that categorize cruelty in either the first or second degree. A person is guilty of animal cruelty in the first degree (a class C felony) when he or she intentionally inflicts substantial pain on, causes physical injury to, or kills an animal by a means causing undue suffering, or forces a minor to inflict unnecessary pain, injury, or death on an animal. A person is guilty of animal cruelty in the second degree (a misdemeanor) if, under circumstances not amounting to first degree animal cruelty, the person knowingly, recklessly, or with criminal negligence inflicts unnecessary suffering or pain upon an animal. An owner of an animal is guilty of animal cruelty in the second degree the owner knowingly, recklessly, or with criminal negligence fails to provide the animal with necessary food, water, shelter, rest, sanitation, ventilation, space, or medical attention and the animal suffers unnecessary or unjustifiable physical pain as a result of the failure, or if he or she abandons the animal. Statute
HI - Wildlife - Chapter 183D. Wildlife. H R S § 183D-1 - 66 HI ST § 183D-1 - § 183D-66 These statutes comprise Hawaii's wildlife provisions. Statute

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