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Displaying 81 - 90 of 369
Title Citation Alternate Citation Agency Citation Summary Type
US - Endangered Species - Subpart B. § 17.11 Endangered and threatened wildlife. 50 C.F.R. § 17.11 The list in this section contains the names of all species of wildlife which have been determined by the Services to be Endangered or Threatened. It also contains the names of species of wildlife treated as Endangered or Threatened because they are sufficiently similar in appearance to Endangered or Threatened species. Administrative
WV - Exotic Pet - § 20-2-51. Permit for keeping pets; § 20-2-52. Permits for roadside menageries W. Va. Code, § 20-2-51; W. Va. Code, § 20-2-52 WV ST § 20-2-51; WV ST § 20-2-52 This West Virginia statute provides that the state fish and game director may issue a permit to a person to keep and maintain in captivity as a pet, a wild animal acquired from a commercial dealer or during the legal open season. The fee is charged is two dollars. Statute
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
MI - Research - Chapter 333. Health. Public Health Code. M.C.L.A. 333.2671 - 2678 MI ST 333.2671 - 2678 This set of Michigan laws proclaims that "[t]he public health and welfare depend on the humane use of animals for the diagnosis and treatment of human and animal diseases." It also creates an animal research advisory board which may regulate and establish standards pursuant to section 2678 controlling the humane use of animals. Further, the department, its representative, or a member of the animal research advisory board may inspect any premises or property on or in which animals are kept for experimental purposes for the purpose of investigation of compliance with board standards. A person shall not keep or use animals for experimental purposes unless registered to do so by the department. Statute
US - Chimpanzees - § 283m. Sanctuary system for surplus chimpanzees (CHIMP Act) 42 U.S.C.A. § 283m This Act provides a system of sanctuaries to provide for the lifetime care of chimpanzees not needed for research that have been used, or were bred or purchased for use, in research conducted or supported by the National Institutes of Health, the Food and Drug Administration, or other agencies of the Federal Government. The Act lists, among other things, requirements for the sanctuaries, criteria for "acceptable" chimpanzees, restrictions on further research of these chimpanzees, and establishment of contracts to entities providing care in the system. Statute
Baugh v. Beatty 205 P.2d 671 (Cal.App.2.Dist.) 91 Cal.App.2d 786 (Cal.App.2.Dist.)

This California case is a personal injury action by Dennis Ray Baugh, a minor, by John R. Baugh, his guardian ad litem, against Clyde Beatty and others, resulting from injuries suffered by the 4-year old child after he was  bitten by a chimpanzee in a circus animal tent. The court found that the instructions given were prejudicial where the jurors were told that the patron could not recover if the patron's conduct caused injury or if the conduct of the father in charge of patron caused injury; instead, the sole question for jury should have been whether patron knowingly and voluntarily invited injury because the animal was of the class of animals ferae naturae, of known savage and vicious nature.

Case
SD - Endangered Species - Chapter 34A-8. Endangered and Threatened Species S D C L § 34A-8-1 - 13; 34A-8A-1 - 9 SD ST 34A-8A-1 to 13; 34A-8-1 - 9 These South Dakota statutes provide the definitions and regulations related to endangered and threatened species in the state. Under statute, state agencies shall establish and conduct control programs at state expense on private lands that are encroached upon by prairie dogs from contiguous public lands. It is a misdemeanor to take, possess, transport, import, export, process, sell or offer for sale, buy or offer to buy (nor may a common or contract carrier transport or receive for shipment) a listed species as defined by statute. Statute
TX - Ordinances - § 215.032. Exhibitions; Shows; Amusements V.T.C.A., Local Government Code § 215.032 TX LOCAL GOVT § 215.032 This statute authorizes municipalities to prohibit or regulate circuses, exhibitions, and menageries. Statute
NJ - Endangered - Chapter 2A. Wildlife Generally NJSA 23:2A-1 to 23:2A-1:16 NJ ST 23:2A-1 to 23:2A-1:16 These statutes comprise the New Jersey Endangered and Nongame Species Conservation Act. The definitions used in the Act are described as well as the rules for listing species, the powers and duties of the supervising department, and the designation of funding.  Under the statute, violation of the Act incurs a civil penalty of $250-5,000. In 2014, provisions were added for the prohibition on import, sale, or purchase of ivory products. In 2018, a law was added that prohibits a person from using a wild or exotic animal in a traveling animal act. Statute
GA - Exotic Animals - 40-13-2-.16. Exotic and Pet Birds. GA ADC 40-13-2-.16, 17 Ga Comp. R. & Regs. 40-13-2-.16, 17 This Georgia regulation provides that all exotic animals and all non-traditional livestock entering Georgia must be accompanied by an official Certificate of Veterinary Inspection identifying each animal with unique permanent individual identification. Administrative

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