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Title Citation Alternate Citation Agency Citation Summary Type
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
US - Apes - Great Apes Conservation Act of 2000 16 USC 6301 - 6305 The law assists in the conservation of great apes by supporting and providing financial resources for the conservation programs of countries within the range of great apes. Under the law, Great apes include the chimpanzee, gorilla, bonobo, orangutan, and gibbon. The law authorizes the Secretary of the Interior, through the Director of the Fish and Wildlife Service, to award grants to entities that will promote the conservation of great apes in the wild. The authorization for appropriations is $5 million per year through 2005 with 3% or $80,000, whichever is greater, expended to administer the grants program. Statute
GA - Exotic pets, wildlife - Chapter 5. Wild Animals Ga. Code Ann., § 27-5-1 to 12 GA ST § 27-5-1 to 12 These Georgia wildlife provisions embody the General Assembly's finding that it is in the public interest to ensure the public health, safety, and welfare by strictly regulating in this state the importation, transportation, sale, transfer, and possession of certain wild animals. Animals such as kangaroos, certain non-human primates, wolves, bears, big cats, hippopotamus, and crocodile, among others, are considered to be inherently dangerous to human beings and are subject to the license or permit and insurance requirements outlined in the laws. The section also details specifications for the humane handling, care, confinement and transportation of certain wild animals. Statute
TN - Wildlife, commercial use - 1660-01-17-.01. GENERAL PROVISIONS FOR COMMERCIAL USE. TN ADC 1660-01-17-.01 Tenn. Comp. R. & Regs. 1660-01-17-.01 This Tennessee regulation describes the commercial use of wildlife. Under the regulation, the commercial use of any State or Federally endangered species is prohibited. The commercial use of State and Federally threatened species and those species deemed in need of management are permitted only when such species are legally taken for the purpose of sale in the State of origin as provided in T.C.A. 70-8-109. Administrative
MI - Endangered - Part 365. Endangered Species Protection M. C. L. A. 324.36501 - 07 MI ST 324.36501 - 07 The state of Michigan defines an endangered species as "any fish, plant life, or wildlife that is in danger of extinction throughout all or a significant part of its range, other than a species of insecta determined by the department or the Secretary of the United States Department of the Interior to constitute a pest whose protection under this part would present an overwhelming and overriding risk to humans." Violation of the taking provision constitutes a misdemeanor punishable up to 90-days in jail and/or up to $1,0000 in fines. Statute
US - Great Apes, Sanctuary - Part 9. Standards of Care for Chimpanzees Held in the Federally Supported Sanctuary System 42 C.F.R. § 9.1 to .13 This set of regulations sets minimum standards of care for the chimpanzees that are maintained in the Federal Chimpanzee Sanctuary System, which was established by the CHIMP Act. Administrative
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
WI - Exotic pets - Chapter 169. Captive Wildlife W. S. A. 169.01 - 46 WI ST 169.01 - 46 The Wisconsin wildlife laws require a license to take a wild animal from the wild or to import one into the state. A license is also required to exhibit, breed, rehabilitate, hunt, and/or purchase wild animals. Violations can result in fines, forfeiture, and/or imprisonment. Statute
CA - Circus - § 25989.1. Notice to animal control services agency of performances to be conducted West's Ann. Cal. Health & Safety Code § 25989.1 CA HLTH & S § 25989.1 This California section provides that any traveling circus or carnival must notify entity that provides animal control services for a city, county, or city and county in which the traveling circus or carnival intends to perform of its intent to perform within that jurisdiction at least 14 days prior to the first performance in that city, county, or city and county. Violation results in a fine of $500 - 2,000 for a first violation, and $1,500 - 5,000 for any subsequent violation. Statute
CA - Exotic pets - § 671. Importation, Transportation and Possession of Live Restricted Animals 14 CA ADC s 671 14 CCR § 671 California prohibits possession of enumerated species without a permit. Permits are not granted for private pet possession. Administrative

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