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Title Citation Alternate Citation Agency Citation Summary Type
CA - Exotic pets - § 671. Importation, Transportation and Possession of Live Restricted Animals 14 CA ADC s 671 14 CCR § 671 California prohibits possession of enumerated species without a permit. Permits are not granted for private pet possession. Administrative
MT - Cruelty - Consolidated Cruelty Statutes MCA 45-8-209 - 211; 45-8- 217; 45-8-218; 7-23-4104 MT ST 45-8-209 to 45-8-211;45-8- 217; 45-8-218; 7-23-4104 This section comprises Montana's anti-cruelty and dogfighting laws. A person commits the offense of cruelty to animals if he or she knowingly or negligently subjects an animal to mistreatment or neglect; fails to provide an animal in the person's custody with food and water of sufficient quantity or minimum protection for the animal from adverse weather conditions; or, in cases of immediate, obvious, serious illness or injury, fails to provide licensed veterinary or other appropriate medical care. Animal abandonment of a "helpless animal" or abandoning any animal on any highway, railroad, or in any other place where it may suffer is also considered cruelty. A first conviction results in a possible $1,000/1 year imprisonment with graduating penalty enhancements for subsequent convictions. This section does not prohibit a person humanely destroying an animal for just cause or the use of commonly accepted agricultural and livestock practices on livestock (among other things). Section 217 defines aggravated cruelty as either knowingly or purposely killing or inflicting cruelty to an animal with the purpose of terrifying, torturing, or mutilating the animal, or inflicting cruelty to animals on a collection, kennel, or herd of 10 or more animals. Statute
MS - Exotic Pets - Rule 32. Public Notice No. 3523.002; Dangerous Wildlife MS ADC 40-2:8.3 Miss. Admin. Code 40-2:8.3 The following Mississippi regulations state that it is unlawful for any person to import, transfer, sell, purchase or possess any wild animal classified as inherently dangerous by law or regulation unless that person holds a permit or is exempt from holding a permit; these regulations, therefore, also indicate the requirements that must be met in order to obtain either a permit or an exemption. A violation of this act is a Class I violation and any person who has been convicted of a Class I violation shall be fined anywhere between $2,000.00 and $5,000.00, and shall be imprisoned in the county jail for 5 days. The person must also forfeit all hunting, trapping, and fishing privileges for a period of not less than 12 consecutive months from the date of conviction. Additionally, the regulations make provisions about how a wild animal shall be seized when these provisions have been violated. Administrative
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
FL - Exotic Pets - Chapter 68A-6. Wildlife as Personal Pets 68 FL ADC 68A-6.001 - 68A-6.0072 Fla. Admin. Code r. 68A-6.001 - 68A-6.018 Under these Florida administrative provisions, three separate classes of captive wildlife were created. Class I, the most regulated class, includes large primates, big cats, bears, elephants, and large reptiles among others. The regulations state that Class I wildlife shall not be possessed for personal use (unless obtained before August 1, 1980 and permitted). The permit requirements to keep listed wildlife in captivity are outlined in Sec. 68A-6.0022. Administrative
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
The Nonhuman Rights Project, Inc. on behalf of Tommy, Petitioners, v. Patrick C. Lavery, individually and as an officer of Circl

This set of pleadings is from the Nonhuman Rights Project (NhRP). The NhRP filed the first-ever lawsuit on behalf of captive chimpanzees in New York. The suit includes a petition for a writ of habeas corpus, demanding that the chimps be released from private captivity to a sanctuary that is part of the North American Primate Sanctuary Alliance (NAPSA). In 2014, the petitioners sought review at the New York Court of Appeals.

Pleading
ZOOLOGICAL SOCIETY OF CINCINNATI v. THE GORILLA FOUNDATION Slip Copy, 2019 WL 414971 (N.D. Cal. Feb. 1, 2019) In 1991, the plaintiff, Zoological Society of Cincinnati, transferred a western lowland Gorilla named Ndume who had been living at the Zoo to The Gorilla Foundation (TGF) in Northern California. Ndume was sent to TGF in hopes that he and another gorilla there, named Koko, would mate and produce offspring. That never happened. In 2015, the Zoo and TGF entered into a new written agreement which expressly superseded any prior agreements. The agreement provided that upon the death of Koko, Ndume was to be placed at an institution that is accredited by the Association of Zoos and Aquariums (AZA). TGF is not an AZA accredited institution. KoKo died and the Zoo now wants to transfer Ndume back to the zoo. TGF has not made arrangements for a transfer to be carried out. The Zoo brought this suit seeking specific enforcement of the 2015 agreement and contends that it is entitled to summary judgment in its favor. TGF argued that the agreement was illegal and unenforceable because the transfer would harm Ndume. TGF identified a number of potential risks, particularly, that Ndume has a Balantidium Coli infection. TGF contended that stress could trigger an outbreak which could be fatal. The court was unpersuaded and stated that TGF signed the 2015 agreement less than 3 years before the present dispute arose and that all of the circumstances that TGF contends makes compliance with the agreement risky existed when the agreement was negotiated. TGF also contended that the agreement is impracticable due to unreasonable (non-monetary) costs. However, the Court again stated that TGF knew these facts and circumstances when it entered into the agreement. The Court granted the Zoo's motion for summary judgment and denied TGF's request for a continuance to permit it to take discovery. The parties were ordered to confer and attempt to reach a consensus on as many aspects of the protocol for transporting Ndume to the Zoo as possible. If within 30 days of the date of the order the parties cannot reach a consensus, they will have to file a joint statement setting out any issues on which they have reached a stalemate. Case
NC - Commerce - Chapter 113. Conservation and Development. N.C.G.S.A. § 113-294 NC ST § 113-294 North Carolina law makes it a Class 2 misdemeanor to sell, possess for sale, or buy any wildlife. Further, the law specifically makes it a greater transgression (a Class 1 misdemeanor) to unlawfully take, possess, transport, sell, or buy any dead or alive bald or golden eagle, nest or egg. The taking of other animals listed like bears and cougars also incurs greater penalty. Statute
TN - Wildlife, possession - Chapter 1660-01-18. Rules and Regulations of Live Wildlife TN ADC 1660-01-18-.01 to .06 Tenn. Comp. R. & Regs. 1660-01-18-.01 to .06 These Tennessee regulations outline the requirements for importation and possession of captive wildlife. The species of wildlife for each class of wildlife are described. Facilities for Class I wildlife are provided, which include specific requirements for Class I Felidae or Ursidae. The Class I qualification test requirements are also stated. Administrative

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