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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
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
WI - Importation - Wildlife, Chapter 10. Animal Diseases and Movement. Wis. Adm. Code s ATCP 10.01 - 10.09; 10.80 - 10.85 WI ADC s ATCP 10.01 - 10.09; 10.80 - 10.87 In this set of Wisconsin regulations, "wild animal" does not include a domestic animal identified in s. ATCP 10.02 (livestock, poultry, and other domestic animals). The majority of the regulations here concern disease detection, inoculation, and prevention in domestic herds. However, a person who imports an animal must comply with importing requirements including obtaining a permit under ATCP 10.07. Importation of specific species (dog, cats, exotic ruminants, camelids, elephants, etc.) are covered in 10.80 - 10.86. Administrative
MS - Endangered Species - Chapter 5. Nongame and Endangered Species Conservation Act Miss. Code Ann. § 49-5-101 to 49-5-119 MS ST §§ 49-5-101 to 49-5-119 These Mississippi statutes provide the short title for the Nongame and Endangered Species Conservation Act, the definitions for the Act, the legislative findings, and the associated regulations of the Act. Violations under the Act may incur up to a $1,000 fine and/or one-year term of imprisonment as well as equipment confiscation. 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
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
NM - Exotic Pets - 19.35.7. Importation of Live Nondomestic Animals Birds and Fish N.M. Admin. Code 19.35.7.1 - 23 NM ADC 19.35.7.1 - 23 This regulation covers persons who desire to bring wildlife species into the state of New Mexico. It may include the general public, pet importers, holders of Class A park licenses, department permitees and others. The stated objective is, "[t]o provide consistent criteria for the importation of live non-domesticated animals into New Mexico and to protect native wildlife against the introduction of contagious or infectious diseases, undesirable species and address human health and safety issues." Administrative
In Defense of Animals v. National Institutes of Health 527 F.Supp.2d 23 (D.D.C., 2007) 2007 WL 4329474 (D.D.C.)

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. This Order was Superseded by In Defense of Animals v. National Institutes of Health , 543 F.Supp.2d 70 (D.D.C., 2008).

Case
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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