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Title Citation Alternate Citation Agency Citation Summary Type
People ex rel. Nonhuman Rights Project, Inc. v. Lavery 2014 WL 6802767 (N.Y. App. Div. Dec. 4, 2014) 2014 N.Y. Slip Op. 08531 This case is an appeal from a Supreme Court judgment denying petitioner's application for an order to show cause to commence a CPLR article 70 proceeding. At issue is the legal status of a chimpanzee named Tommy who is being kept on respondents' property. Petitioners filed a habeas corpus proceeding pursuant to CPLR article 70 on the ground that Tommy was being unlawfully detained by respondents. They offered support via affidavits of experts that chimpanzee have the requisite characteristics sufficient for a court to consider them "persons" to obtain personal autonomy and freedom from unlawful detention. The Court of Appeals here is presented with the novel question on whether a chimpanzee is a legal person entitled to the rights and protections afforded by the writ of habeas corpus. In rejecting this designation, the Court relied on the fact that chimpanzees cannot bear any legal responsibilities or social duties. As such, the Court found it "inappropriate to confer upon chimpanzees the legal rights . . . that have been afforded to human beings." Case
IA - Dangerous - Chapter 717F. Dangerous Wild Animals I. C. A. § 717F.1 - 13 IA ST § 717F.1 - 13 This Iowa set of laws concerns the keeping of dangerous wild animals. Except as otherwise provided in this chapter, a person shall not own or possess a dangerous wild animal or cause or allow a dangerous wild animal owned by a person or in the person's possession to breed. Further, a person shall not transport a dangerous wild animal into this state. There is a grandfather provision that allows a person who owns or possesses a dangerous wild animal on July 1, 2007 to continue to own or possess the dangerous wild animal subject the provisions of the laws. A person owning or possessing a dangerous wild animal who violates a provision of this chapter is subject to a civil penalty of not less than two hundred dollars and not more than two thousand dollars for each dangerous wild animal involved in the violation. Statute
OR - Exotic Pets - Division 11. Livestock Health and Sanitation. Exotic Animals OR ADC 603-011-0700 to 0725 OAR 603-011-0700 to 0725 This set of regulations includes the Oregon Department of Agriculture's rules governing the possession of non-human primates. Individuals wishing to possess a non-human primate must be qualified by experience and education, have an approved facility, and must obtain an exotic animal permit from the Department. All permittees must comply with the agency's rules for the housing and care of non-human primates and any additional permit conditions that the Department imposes. Administrative
NH - Exotic Pets - Chapter Fis 800 Definitions (for importation and possession of wildlife) NH ADC FIS 801.01 - 26 N.H. Code Admin. R. Fis 801.01 - 26 These following regulations provide the definitions for the terms used in Chapter Fis 800: The Importation, Possession and Use of All Wildlife of the New Hampshire Code of Administrative Regulations. Administrative
NY - Exotic - Chapter 43-B. Of the Consolidated Laws. McKinney's E. C. L. § 11-0917 NY ENVIR CONSER § 11-0917 This New York laws begin by stating that wild game and other wildlife may only be possessed if lawfully taken in compliance with the Fish and Wildlife Law and the accompanying regulations. Skunk, bobcat, mink, raccoon and muskrat may be bought and sold alive during their respective open seasons. No live wolf, coyote, coydog, fox, skunk, venomous reptile or raccoon shall be possessed or transported, except under a license or permit issued by the department. Every such license or permit shall contain a prominent notice warning the licensee or permittee of his or her duty to exercise due care in safeguarding the public from attack; failure to do so is a crime under section three hundred seventy of the agriculture and markets law. Statute
CA - Research Animals - Chapter 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research West's Ann. Cal. Health & Safety Code § 1650 - 1677 CA HLTH & S § 1650 - 1677 This section regulates the use of animals in medical research. The California Department of Health Services is directed to make rules and regulations providing for satisfactory shelter, food, sanitation, record keeping, and for the humane treatment of animals by persons authorized by the board to raise, keep or to use animals medical research. The department is also authorized to inspect any premises where animals used for the purposes of this section are kept. Violations constitute a misdemeanor. Statute
ME - Exotic Pets - Subchapter 15. Wildlife Importation and Possession, Permits and Requirements, 12 M. R. S. A. § 12151 - 12161 ME ST T. 12 § 12151 - 12161 These Maine statutes prohibit keeping wildlife in captivity, importing, breeding or releasing wildlife into the wild, with exceptions for a person holding a license. Taking reptiles, amphibians, and certain nonmarine invertebrates from the wild is also prohibited without a license. Provisions for the disposition of wolf hybrids are included. Penalties for violations incur fines that range from $100 to $500. Three or more such violations are considered to be a Class E criminal offense. Statute
AK - Exotic Animals - Title 5. Fish and Game. Article 3. Permits. 5 AAC 92.029 - 035 5 AK ADC 92.029 to .035 These Alaska regulation provides that, except as otherwise provided in this chapter, no person may possess, import, release, export, or assist in those actions, live game, unless the person holds a possession permit issued by the department. The regulations also list species that may be possessed without a permit, but may not be released into the wild which includes dogs,cats, chimpanzees, white rats, and many others. The department may not issue a permit for the capture, possession, import, or export of any game animal, including a hybrid species of a game animal, for use as a pet. Any of the listed species of bird, mammal, or reptile that is endangered may not be held in private ownership without a permit from the United States Fish and Wildlife Service. Administrative
KY - Exotic Wildlife - 301 KAR 2:081 Transportation and holding of live native wildlife 301 Ky. Admin. Regs. 2:081, 2:082 301 KY ADC 2:081; 301 KY ADC 2:082 These regulations provide Kentucky's administrative rules for the possession of wild animals or exotic pets. Except as specified in Section 2 of this administrative regulation and subsection (2) of this section, a person shall not import or possess species such as an alligator snapping turtle, black bear, cougar, copperbelly watersnake, wild turkey, wolf, or any federally threatened or endangered species. Specific transportation and importation requirements are outlined in great detail. Administrative
MN - Exhibition - Chapter 97A. Game and Fish. General Provisions. M. S. A. § 97A.041 MN ST § 97A.041 In Minnesota, a person may not possess wildlife in captivity for public exhibition purposes without a permit. The commissioner may issue a permit to an applicant qualified by education or experience in the care and treatment of wildlife. A permit shall include a condition that allows an enforcement officer to enter and inspect the facilities where the wildlife covered by the permit are held in captivity. A violation may result in the attorney general bringing an abatement action. Statute

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