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Displaying 81 - 90 of 368
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| 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 | |
| CT - Exotic Animals - Sec. 26-54-1. Wildlife pen specifications | CT ADC § 26-54-1, CT ADC § 26-55-6 | Regs. Conn. State Agencies § 26-54-1; Regs. Conn. State Agencies § 26-55-6 | Connecticut regulation 26-54-1 gives the wildlife pen specifications for any bird or quadruped possessed under the provisions of section 26-54 or 26-55 of the General Statutes. In addition, Sec. 26-55-6 replaced 26-55-2 in 2012 (the rule on quadruped importation). Sec. 22-55-6 now divides animals into Categories 1 - 4 based on the dangerousness of the animal to people, whether it is an endangered or threatened species, and even the risk it poses to and the native environment. The rule then states that no person except certain entities like zoos, museums, USDA licensed exhibitors, and research facilities may possess Category One Wild Animals. Restrictions are also imposed on other categories of animals. The rule also details the grandfathering process for owning a primate that weighs less than 35 lbs. | Administrative | |
| TN - Wildlife, possession - Chapter 1660-01-18. Rules and Regulations of Live Wildlife | TN ADC 1660-01-18-.01 to .06 | Tenn. Comp. R. & Regs. 1660-01-18-.01 to .06 | These Tennessee regulations outline the requirements for importation and possession of captive wildlife. The species of wildlife for each class of wildlife are described. Facilities for Class I wildlife are provided, which include specific requirements for Class I Felidae or Ursidae. The Class I qualification test requirements are also stated. | Administrative | |
| FL - Agriculture & Consumer Services - Department Duties and Enforcement | West's F. S. A. § 585.001 - 585.008 | FL ST § 585.001 - 585.008 | This set of laws explains the powers and duties of the Department of Agriculture & Consumer Services in enforcing the Animal Industry laws (Chapter 585). Any person or officer that is charged with a duty under the Animal Industry laws may be compelled to perform the same by mandamus, injunction, or other court-ordered remedy. Department employees are authorized to enter any premises in the state for the purposes of carrying out their duties under the Animal Industry laws and it is illegal for any person to interfere with the discharge of those duties. | Statute | |
| MO - Fish and Game - Chapter 252 (The Wildlife and Forestry Law) | V.A.M.S. 252.002 - 252.333 | MO ST 252.002 - 252.333 |
This chapter establishes the Missouri Department of Conservation, outlines the agency's scope of authority, and includes all of the state's wildlife and endangered species statutes. |
Statute | |
| FL - Endangered - Endangered and Threatened Species Act | West's F. S. A. § 379.2291 - 2311 | FL ST § 379.2291 - 379.2311 (formerly FL ST § 372.072 - 074) | These Florida statutes define endangered and threatened species and provide the State's intent to protect these species. Under statute, the intentional killing or wounding of a listed species incurs a third degree felony. Interestingly, the state has a reward program for the arrest and conviction of those who violate state endangered species laws. | Statute | |
| MS - Exotic Pets - Rule 32. Public Notice No. 3523.002; Dangerous Wildlife | MS ADC 40-2:8.3 | Miss. Admin. Code 40-2:8.3 | The following Mississippi regulations state that it is unlawful for any person to import, transfer, sell, purchase or possess any wild animal classified as inherently dangerous by law or regulation unless that person holds a permit or is exempt from holding a permit; these regulations, therefore, also indicate the requirements that must be met in order to obtain either a permit or an exemption. A violation of this act is a Class I violation and any person who has been convicted of a Class I violation shall be fined anywhere between $2,000.00 and $5,000.00, and shall be imprisoned in the county jail for 5 days. The person must also forfeit all hunting, trapping, and fishing privileges for a period of not less than 12 consecutive months from the date of conviction. Additionally, the regulations make provisions about how a wild animal shall be seized when these provisions have been violated. | Administrative | |
| CA - Cruelty, exemptions - § 599c. Construction of title; game laws; | West's Ann. Cal. Penal Code § 599c | CA PENAL § 599c | This statute makes it clear that the title is not meant to interfere with “game laws” or the right to destroy venomous reptiles or other dangerous animal. Neither is there an intent to interfere with laws regarding the destruction of certain birds, interfere with the right to kill animals used for food or with scientific experiments. | Statute | |
| LA - Exotic animals - § 2796.2. Limitation of liability for loss connected | LSA-R.S. 9:2796.2 | This Louisiana law states that no person shall have a cause of action against any nonprofit organization which operates or maintains a tax-exempt animal sanctuary for any injury, death, loss, or damage in connection with the Chimp Haven Festival, Dixie Chimps art contest, Les Boutiques de Noel, SciPort and Chimp Haven events, Run Wild and Have a Field Day, Eye-20 Art Show Gala, Krewe of Barkus and Meow Paws parade, Krewe of Centaur parade, Krewe of Highland parade, garden tour, ChimpStock, and any other educational and public awareness activities in which the organization sponsors or participates, unless the loss or damage was caused by the deliberate and wanton act or gross negligence of the organization or any officer, employee, or volunteer thereof. | Statute | ||
| WY - Cruelty - Consolidated Cruelty Statutes | W.S.1977 § 6-3-1001 - 1010; § 6-4-601 | WY ST § 6-3-1001 - 1010; § 6-4-601 | This compilation of laws contains Wyoming's anti-cruelty provisions that were amended in 2021. Under the new laws, a person commits cruelty to animals if the person knowingly overrides an animal or drives an animal when overloaded; intentionally or knowingly, unnecessarily injures or beats an animal; or knowingly carries an animal in a manner that poses undue risk of injury or death. Additionally, a person has the charge or custody of any animal under circumstances that manifest "extreme indifference" to the animal's safety, health or life, and fails to provide it with listed necessities, abandons the animal, fails to provide the animal with appropriate care in the case of immediate and obvious serious injury or illness also commits cruelty to animals. Other prohibitions include animal fighting, shooting or poisoning livestock or domestic animals on property where the animal is authorized to be. A first offense of cruelty to animals or of a violation of W.S. 6-3-1003 is a misdemeanor punishable by imprisonment for not more than six months, a fine of not more than $750.00, or both, with enhanced penalties for subsequent convictions. Felony cruelty to animals occurs when a person commits cruelty to animals as defined in W.S. 6-3-1002(a)(v) through (ix), that results in the death or required euthanasia of the animal; or (ii) knowingly, and with intent to cause death or undue suffering, beats with cruelty, tortures, torments or mutilates an animal. Such acts incur permanent forfeiture of the animal at issue and imprisonment for not more than two years and/or a fine of up to $5,000. With either misdemeanor or felony convictions, the court may order forfeiture of the animals involved, payment of reasonable costs of animal impoundment, and restraints on future ownership of animals. A bestiality law was also enacted in 2021 that prohibits actors from engaging in sexual acts with animals. Violation is a misdemeanor with punishment of up to one year imprisonment and/or a fine of up to $1,000. | Statute |