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Displaying 71 - 80 of 369
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| TX - Ordinances - § 215.032. Exhibitions; Shows; Amusements | V.T.C.A., Local Government Code § 215.032 | TX LOCAL GOVT § 215.032 | This statute authorizes municipalities to prohibit or regulate circuses, exhibitions, and menageries. | Statute | |
| 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 | ||
| NJ - Endangered Species - Subchapter 4. Endangered, Nongame and Exotic WIildlife | N.J. Admin. Code tit. 7, § 25-4.1 - 20 | NJ ADC 7:25-4.1 - .20 |
This set of New Jersey regulations first defines "exotic mammal, bird, reptile or amphibian” as any nongame species or mammal, bird, reptile or amphibian not indigenous to New Jersey. Except as provided, no person shall possess any nongame species or exotic species of any mammal, bird, reptile or amphibian unless such person has first received both the appropriate permit from the Department of Environmental Protection. Some exotic species that require a permit for possession include ferrets, pythons, and monitors. Permit fees range from $10 for the individual hobby to $100 for an animal dealer. The regulations also define a "potentially dangerous species” as any exotic mammal, bird, reptile or amphibian or nongame species which is capable of inflicting serious or fatal injuries or which has the potential to become an agricultural pest or a menace to the public health or indigenous wildlife populations. Some of these species include non-domestic dogs, baboons, monkeys, bears, non-domestic cats, gila monsters, alligators, and ground squirrels. |
Administrative | |
| MN - Exotic pet - 346.155. Possessing regulated animals | M. S. A. § 346.155 | MN ST § 346.155 | This Minnesota law defines "regulated animal" to mean all members of the Felidae family except the domestic cat, bears, and all non-human primates. Unless a person possessed a regulated animal on or before January 1, 2005, and came into compliance with AWA regulations, possession of the above-mentioned regulated animals is unlawful. A person who lawfully possessed a regulated animal before that date, must comply with registration, microchipping, fee, and inspection requirements. | Statute | |
| OH - Exotic - Chapter 935. Dangerous Wild Animals and Restricted Snakes | R.C. § 935.01 - .99 | OH ST § 935.01 - .99 | On June 5, 2012, Ohio governor Kasich signed the "Dangerous Wild Animal Act" into law. Under this new section, no person shall possess a dangerous wild animal on or after January 1, 2014 unless he or she is authorized under an unexpired wildlife shelter/propagation permit or other exception. Dangerous wild animals include big cats, some smaller exotic cats, bears, elephants, hyenas, gray wolves, alligators, crocodiles and nonhuman primates other than lemurs. Except as provided, no person shall acquire, buy, sell, trade, or transfer possession or ownership of a dangerous wild animal on or after the effective date of this section. | Statute | |
| TN - Endangered Species - Nongame and Endangered or Threatened Wildlife Species Conservation Act of 1974 | T. C. A. § 70-8-101 to 112 | TN ST § 70-8-101 to 112 | These Tennessee statutes comprise the Tennessee Nongame and Endangered or Threatened Wildlife Species Conservation Act of 1974 and includes the legislative intent, definitions, and factors relevant to endangered species investigations. By statute, it is unlawful for any person to take, attempt to take, possess, transport, export, process, sell or offer for sale or ship nongame wildlife, or for any common or contract carrier knowingly to transport or receive for shipment nongame wildlife. Violation constitutes a Class B misdemeanor and incurs warrantless searches and seizure of the wildlife taken and the instrumentalities used in the taking. | Statute | |
| PA - Exotic Pets - Subchapter N. Exotic Wildlife Possession | 58 PA ADC § 147.261 - 262 | 58 Pa. Code § 147.261 to .262 | This subchapter relates to the housing and care of exotic wildlife, and public protection from exotic wildlife held or transported by a person under the act or this part. | Administrative | |
| CO - Wildlife - Rules for Possession of Terrestrial Wildlife. | 2 CO ADC 406-0:006 to 0:009 | 2 CCR 406-0:006 to 0:009 | This set of regulations comprises the Colorado Department of Natural Resources general rules for the importation, transportation, possession, and release of terrestrial wildlife. | Administrative | |
| AL - Wildlife - § 9-2-13. Commissioner of Conservation and Natural Resources -- Authority to prohibit importation of birds, anim | Ala. Code 1975 § 9-2-13 | AL ST § 9-2-13 | This Alabama law provides that the Commissioner of Conservation and Natural Resources may, by regulation, prohibit the importation of any animal when such importation is not in the best interest of the state. However, this does not apply to those animals used for display purposes at circuses, carnivals, zoos, and other shows or exhibits. Importing a prohibited animal into the state is a Class C misdemeanor with a fine of $1,000 - 5,000, or jail for 30 days, or both. | Statute | |
| IA - Pet Shop - Chapter 162. Care of Animals in Commercial Establishments. | I. C. A. § 162.1 to 25 | IA ST § 162.1 to 25 | The purpose of this chapter is to insure that all dogs and cats handled by boarding kennels, commercial kennels, commercial breeders, dealers, and public auctions are provided with humane care and treatment by regulating the transportation, sale, purchase, housing, care, handling, and treatment of such animals. | Statute |