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Displaying 61 - 70 of 369
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| NM - Scientific - 19.35.6. Authorized Uses of Wildlife for Education, Law Enforcement, Research and Scientific Purposes | 19.35.6.1 - 17 NMAC | N.M. Admin. Code 19.35.6.1 - 17 | This New Mexico rule issued by the department of game and fish and all persons provides information on the taking and possession of protected wildlife for scientific and educational purposes. | Administrative | |
| SC - Endangered Species - Chapter 15. Nongame and Endangered Species Conservation Act | Code 1976 § 50-15-10 to 90 | SC ST § 50-15-10 to 90 | These statutes comprise the "South Carolina Nongame and Endangered Species Conservation Act." Included in the provisions are definitions and criteria related to the listing of endangered species. Violation of the provisions constitutes misdemeanors of varying penalties as well as forfeiture of equipment used in the illegal takings. | Statute | |
| CA - Research animals - Group 5. Care of Laboratory Animals | Cal. Admin. Code tit. 17, § 1150 -1159 | 17 CCR §§ 1150 -1159 | This set of regulations establishes certification requirements for research facilities that use live animals in experiments, sets minimum standards of care for research animals, and addresses the requirements for filing complaints with the Department of Public Health. | Administrative | |
| ND - Wildlife, possession/rehabilitation - Article 48.1-09. Nontraditional Livestock. | N.D. Admin. Code § 48.1-09-01-01 - 48.1-09-06-01 | NDAC 48.1-09-01-01 - 48.1-09-06-01 | This section of North Dakota regulations concerns non-traditional livestock: any nondomestic species held in confinement or which is physically altered to limit movement and facilitate capture. The regulations describe three categories of animals: category 1 - those species generally considered domestic, or not inherently dangerous (such as turkeys, geese, ranch mink, and ducks); category 2 - certain protected species or those species that may pose health risks to humans or animals or may be environmentally hazardous (such as all deer, zebras, and nondomestic cats not listed in category 3); and category 3 - those species determined by the board to pose special concerns, including species which are inherently dangerous or environmentally hazardous (such as nondomestic swine, big cats, bears, wolves, venomous reptiles, primates, and non-domestic sheep and goats). Additionally, a person may not keep a skunk or raccoon in captivity. There are specific licensing requirements for category 2 and 3 species. The owner shall obtain a license from the board before acquiring animals classified as nontraditional livestock category 2 and category 3 species. A license or permit may not be granted by the board until it is satisfied that the provisions for housing and caring for such nontraditional livestock and for protecting the public are proper and adequate and in accordance with the standards prescribed by the board. | Administrative | |
| NY - Exotic - Chapter 43-B. Of the Consolidated Laws. | McKinney's E. C. L. § 11-0501 to 11-0540 | NY ENVIR CONSER § 11-0501 to 11-0540 | This set of New York statutes provides some of the state's fish and wildlife laws. Among the provisions include a prohibition against interference with wildlife, restriction on the possession and importation of certain wildlife such as wolves, wolfdogs, coyotes, coydogs, foxes, skunks, and venomous reptiles, and laws that allows individuals to take destructive wildlife. No person shall knowingly possess, harbor, sell, barter, transfer, exchange or import any wild animal for use as a pet in New York state, except that any person who possessed a wild animal for use as a pet at the time that this section went effect may retain possession of such animal for the remainder of its life. | Statute | |
| HI - Wildlife - Chapter 124. Indigenous Wildlife, Endangered and Threatened Wildlife, and Introduced Wild Birds | Haw. Admin. Rules (HAR) § 13-124-1 to § 13-124-13 | HI ADC § 13-124-1 to § 13-124-13 | The purpose of this chapter is to conserve, manage, protect, and enhance indigenous wildlife; and manage introduced wild birds. | Administrative | |
| RI - Endangered Species - Chapter 37. Endangered Species of Animals and Plants. | Gen. Laws, 1956, § 20-37-1 to 5 | RI ST § 20-37-1 to 5 | These Rhode Island statutes set out the legislative policy and definitions related to state endangered species law, including the definition of "animal" and what constitutes an "endangered species." By statute commerce is strictly prohibited, as it it illegal to "buy, sell, offer for sale, store, transport, import, export, or otherwise traffic in any animal or plant or any part of any animal or plant whether living, dead, processed, manufactured, preserved, or raw if the animal or plant has been declared to be an endangered species by either the United States secretaries of the interior or commerce or the director of the Rhode Island department of environmental management." Violation of the Act results in fines from $500-5,000 or up to one year imprisonment, or both. | Statute | |
| United States of America v. Victor Bernal and Eduardo Berges | 90 F.3d 465 (11th Cir. 1996) |
Victor Bernal and Eduardo Berges were convicted of various crimes in connection with an attempt to export two endangered primates--an orangutan and a gorilla--from the United States to Mexico in violation of the Lacey Act Amendments of 1981 and the Endangered Species Act of 1973. While the main issue before the court was a downward departure in sentencing guidelines, the court found the purpose of the Lacey Act is protect those species whose continued existence is presently threatened by gradually drying up international market for endangered species, thus reducing the poaching of those species in their native countries. |
Case | ||
| Missouri Primate Foundation v. People for Ethical Treatment of Animals, Inc. | Slip Copy, 2018 WL 1420239 (E.D. Mo. Mar. 22, 2018) | This matter is a motion of counterclaim by defendants Missouri Primate Foundation to dismiss PETA's (the counterclaim plaintiff) assertion that two chimpanzees were being held in conditions that deprived the chimpanzees of adequate social groups, space, and psychological stimulation, putting them at risk of and causing physical and psychological injury, such as deteriorated cardiovascular and musculoskeletal health, stress, anxiety and depression. PETA also alleges that the chimpanzees were denied a sanitary environment, proper ventilation, a healthy diet, and adequate veterinary care. PETA claimed that the Missouri Primate Foundation (MPF) (the counterclaim defendants) were holding the two chimpanzees in conditions that “harm” and “harass” the chimpanzees, thus violating the “take” prohibition of the Endangered Species Act (ESA). MPF's motion contends that PETA’s counterclaim is based on allegations that they failed to comply with the Animal Welfare Act, not the ESA. MPF further contends that because the chimpanzees at its facility were lawfully in captivity and under the auspices of the AWA as administered by the USDA–APHIS, so the chimpanzees cannot be subject to a “take” under the ESA. They further argued that PETA lacked standing as the AWA preempts or supersedes the ESA as to animals held at USDA licensed facilities. Because the AWA does not allow citizen suits, MPF argued, the case must be dismissed. After examining similar cases, this court concluded that claims under the AWA and ESA are complementary and do not conflict, and that the ESA protects captive animals regardless of whether the alleged violator is an AWA licensed entity. The court found that the allegations by PETA are sufficient at this stage of the case and issues of proof are reserved for trial. As such, the court denied the motions of the counterclaim defendants. | Case | ||
| OK - Cruelty - Animal Facilities Protection Act/Consolidated Cruelty Laws | 21 Okl. St. Ann. 1680 - 1700; 21 Okl. St. Ann. § 886 | OK ST T. 21 1680 - 1700; OK ST T. 21 § 886 | These Oklahoma statutes comprise the Animal Protection Act. The main thrust of the act is the prohibition of animal cruelty and animal fighting. Included in the provisions are the definitions (including the statutory definition of "animal") and the prohibited acts related to animal facilities. The statute further provides that no one shall intentionally damage the enterprise conducted at an animal facility (including releasing animals there with the intent to deprive the owner of such facility). Violation incurs a felony with a fine of up to $5,000 or imprisonment up to seven years or both. | Statute |