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Title Citation Alternate Citation Agency Citation Summary Type
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
NJ - Cruelty - Consolidated Cruelty Statutes NJSA 4:22-10 to 4:22-61; NJSA 2C:33-31 - 32 NJ ST 4:22-10 to 4:22-61; 2C:33-31 - 32 These New Jersey statutes comprise the state's anti-cruelty provisions. According to the definitional section, "animal" or "creature" includes the whole brute creation. Exclusions under the act include state regulated scientific experiments, state sanctioned killing of animals, hunting of game, training of dogs, normal livestock operations, and the killing of rats and mice. With regard to livestock practices, no person may be cited or arrested for a first offense involving a minor or incidental violation of any provision of this title involving alleged cruelty to domestic livestock unless that person has first been issued a written warning. Statute
FL - Importation - Chapter 5C-3. Importation of Animals Fla. Admin. Code r. 5C-3.001 - 3.015 Rule 5C-3.001 to 3.015, F.A.C. This set of regulations constitutes the Department of Agriculture & Consumer Services rules governing the importation of animals. Administrative
TX - Dangerous - Subchapter E: Dangerous Wild Animals V. T. C. A., Health & Safety Code § 822.101 - 116 TX HEALTH & S § 822.101 - 116 Chapter 822, Subchapter E regulates the keeping of dangerous wild animals. It imposes a registration requirement upon the owner of a dangerous wild animal and also sets forth insurance requirements. One thing to note is that Texas animal cruelty laws do not apply to these wild animals. Statute
WA - Cruelty - Consolidated Cruelty Laws (Chapter 16.52) West's RCWA 16.52.010 - 360 WA ST 16.52.010 - 360 This section of statutes contains Washington's anti-cruelty provisions. Under the section, "animal" means any nonhuman mammal, bird, reptile, or amphibian. Sections 16.52.205 and 16.52.207 are the primary anti-cruelty provisions that categorize cruelty in either the first or second degree. A person is guilty of animal cruelty in the first degree (a class C felony) when he or she intentionally inflicts substantial pain on, causes physical injury to, or kills an animal by a means causing undue suffering, or forces a minor to inflict unnecessary pain, injury, or death on an animal. A person is guilty of animal cruelty in the second degree (a misdemeanor) if, under circumstances not amounting to first degree animal cruelty, the person knowingly, recklessly, or with criminal negligence inflicts unnecessary suffering or pain upon an animal. An owner of an animal is guilty of animal cruelty in the second degree the owner knowingly, recklessly, or with criminal negligence fails to provide the animal with necessary food, water, shelter, rest, sanitation, ventilation, space, or medical attention and the animal suffers unnecessary or unjustifiable physical pain as a result of the failure, or if he or she abandons the animal. Statute
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
US - AWA - Subpart D. Specifications/Standards for Nonhuman Primates 9 C.F.R. § 3.75 to .92 This portion of the AWA regulations contains the humane care provisions for non-human primates. Included are requirements for housing facilities, primary enclosures, provisions for psychological well-being, feeding, watering, sanitization, employee requirements, and transportation standards. Administrative
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
Animal Legal Defense Fund; Animal Welfare Institute; Valerie Buchanan; Jane Garrison; Nancy Megna, plaintiffs-appellants v. Ann In this federal action, plaintiffs (ALDF, the AWI, and three individuals) challenged the USDA's decision not to adopt a Draft Policy that would have provided guidance to zoos, research facilities, and other regulated entities in how to ensure the psychological well-being of on-human primates in order to comply with the Animal Welfare Act. While the district court found that the USDA's decision did not constitute a reviewable final agency decision, the Ninth Circuit Court of Appeals found that the lower court did indeed have authority under the Administrative Procedures Act to review the agency's decision not to create a policy. On June 4, 2007, the Court vacated the previous opinion and dismissed the appeal with prejudice. Two judges wrote separate opinions, concurring and dissenting in part. Pleading

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