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Title Citation Alternate Citation Agency Citation Summary Type
WV - Cruelty - Consolidated Cruelty Statutes W. Va. Code, § 7-10-1 to 5; W. Va. Code, § 61-8-19 to 23; W. Va. Code, § 19-33-1 - 5 WV ST § 7-10-1 to 5; WV ST § 61-8-19 to 23; WV ST § 19-33-1 - 5 These West Virginia statutes comprise the state's anti-cruelty and animal fighting provisions. If any person cruelly mistreats, abandons or withholds proper sustenance, including food, water, shelter or medical treatment, necessary to sustain normal health and fitness or to end suffering or abandons any animal to die, or uses, trains or possesses any domesticated animal for the purpose of seizing, detaining or maltreating any other domesticated animal, he or she is guilty of a misdemeanor. If any person intentionally tortures or maliciously kills an animal, or causes, procures or authorizes any other person to torture or maliciously kill an animal, he or she is guilty of a felony. The provisions of this section do not apply to lawful acts of hunting, fishing, trapping or animal training or farm livestock, poultry, gaming fowl or wildlife kept in private or licensed game farms if kept and maintained according to usual and accepted standards of livestock, poultry, gaming fowl or wildlife or game farm production and management. The section also prohibits animal fighting, making it a felony if the animal is a dog or other fur-bearing animal ("canine, feline, porcine, bovine, or equine species whether wild or domesticated"), and a misdemeanor if not (i.e., cockfighting). Statute
Article 70 of CPLR for a Writ of Habeas Corpus, The Nonhuman Rights Project, Inc. ex rel. Hercules and Leo v. Stanley 49 Misc. 3d 746 (N.Y. Sup. Ct. 2015) 2015 WL 4612340 (N.Y. Sup. Ct., 2015) Petitioner brought this proceeding pursuant to CPLR article 70 and under the common law for a writ of habeas corpus on behalf of Hercules and Leo, two chimpanzees in the custody of respondent State University of New York at Stony Brook. It sought an order directing respondents to demonstrate the basis for detaining Hercules and Leo, and an order directing their release and transfer to a sanctuary in Florida. Respondents opposed the petition and cross moved to change venue. While the Supreme Court of New York County found that neither CPLR 7002(b)(3) nor CPLR 7004(c) required a change of venue to Suffolk County; that the petitioner had standing to bring the case; and that prior proceedings did not bar this case from being heard, the substance of the petition required a finding as to whether a chimpanzee was a legal person entitled to bring a writ of habeas corpus. Since the Court found it was bound by the Third Department in People ex rel Nonhuman Rights Project, Inc. v. Lavery, which ruled that chimpanzees were not “legal persons” entitled to the rights and protections afforded by a writ of habeas corpus, it denied the habeas corpus petition and dismissed the proceeding. Case
US - AWA - Subpart D. Specifications/Standards for Nonhuman Primates 9 C.F.R. § 3.75 to .92 This portion of the AWA regulations contains the humane care provisions for non-human primates. Included are requirements for housing facilities, primary enclosures, provisions for psychological well-being, feeding, watering, sanitization, employee requirements, and transportation standards. Administrative
DE - Exotic Animals - Chapter 903. Exotic Animal Regulations 3 DE ADC 903-1.0 - 14 3 Del. Admin. Code 903-1.0 to 14 These regulations govern the permitting process, possession, sale, rehabilitation and exhibition of exotic animals, i.e., live wild mammals, hybrids of wild mammals, and live reptiles not native to or generally found in the State of Delaware. The State Veterinarian or her or his designee shall have the authority to administer these regulations and shall be solely responsible for making the determinations required herein. Administrative
MN - Endangered Species - Natural Resources (Ch. 83A-84). Chapter 84. Department of Natural Resources M. S. A. §§ 84.0895, 84.944, 97A.245, 97A.501 MN ST § 84.0895, 84.944, 97A.245, 97A.501 This statute protects endangered and threatened species in Minnesota, as defined in the statute. Under the law, a person may not take, import, transport, or sell any portion of an endangered species of wild animal or plant, or sell or possess with intent to sell an article made with any part of the skin, hide, or parts of an endangered species of wild animal or plant. Violation of the statute is a misdemeanor. Statute
MA - Exotic pet, breeding - Chapter 131. Inland Fisheries and Game and Other Natural Resources. M.G.L.A. 131 § 23 MA ST 131 § 23 Massachusetts bans private possession of exotic pets, and requires licenses for those who deal and propagate wild species for other reasons. The Massachusetts director of the Division of Fisheries and Wildlife also issues a list of exempted species for which no permit is needed. Statute
SD - Exotic Pets - Chapter 40-3. State Animal Industry Board (captive wildlife provisions) S D C L § 40-3-23 - 30; SDCL § 7-12-29 SD ST § 40-3-23 - 30; § 7-12-29 These South Dakota statutes establish the Animal Industry Board, which promulgate rules to allow nondomestic mammals that are safe to the public and to the free-roaming animals of the state to be imported or possessed. The Board regulates the breeding, raising, marketing, and transportation of any captive nondomestic mammals. The Board may also develop and implement programs to identify animals and premises involved to further animal health and food safety. Statute
IN - Rehabilitation, wildlife - 312 IAC 9-10-9 Wild animal rehabilitation permit 312 IAC 9-10-9 312 IN ADC 9-10-9, 9.5 This Indiana regulation sets for the requirements to obtain a permit to possess wild animals for rehabilitation. Administrative
TX - Exotic pets - Subchapter A. Regulation of Keeping of Wild Animals V. T. C. A., Local Government Code § 240.001 - 004 TX LOCAL GOVT § 240.001 - 004 In this subchapter, wild animal is defined as a nondomestic animal that the commissioners court of a county determines is dangerous and is in need of control in that county. The commissioners court of a county by order may prohibit or regulate the keeping of a wild animal in the county. A person commits a Class C misdemeanor if the person violates an order adopted under this subchapter and the order defines the violation as an offense. Statute
WY - Rehabilitation - Chapter 45. Wildlife Rehabilitation WY ADC GAME POSS Ch. 45 s 1 - 24 WY Rules and Regulations GAME POSS Ch. 45 s 1 - 24 The purpose of this regulation is to provide for the care of sick, injured, debilitated or orphaned wildlife, excluding big game animals and trophy game animals, by permitted wildlife rehabilitators and to provide criteria for the issuance of permits to such wildlife rehabilitators. In accordance with this regulation, wildlife rehabilitators issued permits pursuant to this regulation may acquire sick, injured, debilitated, or orphaned wildlife and provide necessary treatment in order that the wildlife may be returned to live in the wild independent of human aid and sustenance. As soon as it can be determined that sick or injured wildlife is not likely to recover within one-hundred eighty (180) days, the wildlife shall be euthanized; unless Department approval is given for extended care. Administrative

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