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Displaying 71 - 80 of 369
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| AZ - Exotic Wildlife - Article 4. Live Wildlife | A.A.C. R12-4-401 to 430 | AZ ADC R12-4-401 to 430 | These Arizona regulations define “captive live wildlife” as live wildlife that is held in captivity, physically restrained, confined, impaired, or deterred to prevent it from escaping to the wild or moving freely in the wild. The regulations provides that no individual shall import or export any live wildlife into or out of the state. An individual may take wildlife from the wild alive under a valid Arizona hunting or fishing license only if there is a Commission Order that prescribes a live bag and possession limit for that wildlife and the individual possesses the appropriate license. However, no person may possess restricted live wildlife without a valid permit. The statute also provides a comprehensive list of all mammals that are considered restricted live wildlife. An individual who holds a special license listed in R12-4-409(A) shall keep all wildlife in a facility according to the captivity standards prescribed under R12-4-428 or as otherwise required under this Article. A special license holder subject to the provisions of this Section shall comply with the minimum standards for humane treatment prescribed by this Section. | Administrative | |
| VA - Cruelty - Consolidated Cruelty Statutes | Va. Code Ann. §§ 3.2-6500 - 6590; Va. Code Ann. § 18.2-361; § 18.2-144.1 | These Virginia statutes set forth Title 3.2, the Comprehensive Animal Care laws, which include the state's anti-cruelty and animal fighting provisions. For the purposes of Sec. 3.2-6570, the operative animal cruelty law, animal means any nonhuman vertebrate species including fish except those fish captured and killed or disposed of in a reasonable and customary manner. The section has a misdemeanor animal cruelty law as well as a felony provision related to torture or willful infliction of cruelty. The section requires companion animal owners to provide adequate care. | Statute | ||
| ANIMAL LEGAL DEFENSE FUND, ANIMAL WELFARE INSTITUTE, COMPLAINT FOR VALERIE BUCHANAN, JANE GARRISON, AND NANCY MEGNA DECLARATORY | This action concerns a lawsuit filed by the Animal Legal Defense Fund (ALDF), et al, over the lack of action by the federal agency, the Animal & Plant Health Inspection Service (APHIS) to adopt a policy on what constitutes appropriate conditions for primates in federally licensed or registered facilities. Specifically, the complaint alleges that the failure of the Animal and Plant Health Inspection Service (APHIS) of the United State Department of Agriculture to make a final decision concerning the defendants' proposed “Policy On Environment Enhancement For Nonhuman Primates.” See 64 Fed. Reg. 38,145 (July 15, 1999) (Policy). APHIS determined at least seven years ago that APHIS enforcement officials and the regulated community urgently need such a policy to insure that primates are housed in “physical environments adequate to promote the[ir] psychological well-being,” as required by the Animal Welfare Act (AWA). 7 U.S.C. § 2143. By failing to make a final decision on the proposed Policy, defendants are violating the Animal Welfare Act, 7 U.S.C. § 2143, and are unreasonably delaying and/or unlawfully withholding agency action in violation of the Administrative Procedure Act, 5 U.S.C. § 706(1). | Pleading | |||
| Nonhuman Rights Project on behalf of Tommy and Kiko v. | 31 N.Y.3d 1054, 100 N.E.3d 846 (2018) | 2018 WL 2107087 (Mem), 2018 N.Y. Slip Op. 03309 | The petitioner, Nonhuman Rights Project brought this appeal on behalf of Tommy and Kiko, who are two captive chimpanzees. The chimpanzees had been confined by their owners in small cages within a warehouse and a cement storefront in a crowded residential area, respectively. Petitioner sought leave to appeal from an order of the Appellate Division, which affirmed two judgments of the Supreme Court declining to sign orders to show cause to grant the chimpanzees habeas relief. The lower courts based their denial of habeas corpus for the chimpanzees on the dictionary definition for "person." The term “person” tends to lean towards an entity that is recognized by law as having most of the rights and duties of a human. The Appellate Division also reasoned that chimpanzees are not considered people because they lack the capacity to bear legal duties or to be held legally accountable for their actions. As a counter, the Petitioner argued that the same can be said for human infants or comatose human adults, yet no one would say that it is improper to seek a writ of habeas corpus on behalf of one of them. The Appellate Division therefore based their denial on the fact that chimpanzees are not a member of the human species. In the instant action, Court of Appeals of New York denied the motion for leave to appeal. In the concurring opinion, Judge Fahey states that the better approach is not to ask whether a chimpanzee fits the definition of a person or whether it has the same rights and duties as a human being, but whether he or she has the right to liberty protected by habeas corpus. The concurring opinion also found that the Appellate Division erred by misreading the case it relied on and holding that a habeas corpus challenge cannot be used to seek transfer; a habeas corpus challenge can be used to seek a transfer to another facility. Although Judge Fahey recognizes that Chimpanzees share at least 96% of their DNA with humans and are autonomous, intelligent creatures, he concurred with the Appellate Division’s decision to deny leave to appeal. However, he ultimately questioned whether the Court was right to deny leave in the first instance. | Case | |
| NV - Cruelty - Consolidated Cruelty Statutes | N. R. S. 574.010 to 574.550; N.R.S. 202.487; N.R.S. 201.455 | NV ST 574.010 to 574.550; N.R.S. 202.487 | This comprehensive section comprises the Nevada anti-cruelty statutes. The section first empowers private prevention of cruelty to animals societies and outlines their powers and responsibilities, including the power to arrest. Under this section, "animal" does not include the human race, but includes every other living creature. Animal cruelty, as described in Section 574.100, prohibits the overdriving, overloading, torture, cruel beating or unjustifiable injuring, maiming, mutilation or killing of an animal, as well as the deprivation of necessary sustenance, food or drink. The first offense under this section is a misdemeanor with enhancement to a felony for a third or subsequent convictions. Animals fighting is also prohibited under the section, with enhanced sentences for subsequent convictions. Other specific crimes include mistreatment of dogs, abandonment of animals, poisoning (although the section does not prohibit the destruction of "noxious animals"), and basic requirements for the care of dogs and cats kept in kennels or sold by pounds or pet shops. | Statute | |
| AK - Fish and Game - Chapter 05. Fish and Game Code | AS § 16.05.150; § 16.05.255, § 16.05.270, § 16.05.920; § 16.05.925, § 16.05.940 | AK ST § 16.05.150; § 16.05.255, § 16.05.270, § 16.05.920; § 16.05.925, § 16.05.940 | These provisions concern Alaska's Department of Fish and Game (DFG). The enforcement authority is defined and another statute gives power to the Board of Game to adopt regulations for game animals. Under Sec. 16.05.920, a person may not take, possess, transport, sell, offer to sell, purchase, or offer to purchase fish, game, or marine aquatic plants, or any part of fish, game, or aquatic plants, or a nest or egg of fish or game unless permitted by regulation. "Game" is defined as any species of bird, reptile, and mammal, including a feral domestic animal, found or introduced in the state, except domestic birds and mammals. | 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 Animals - Chapter 65. General Provisions Applicable to Counties, Cities | KRS § 65.877 | KY ST § 65.877 | This Kentucky statue authorizes counties and cities to regulate or prohibit the holding of inherently dangerous wildlife. For example, the Department of Fish and Wildlife Resources has identified some of the following animals as being dangerous: African buffalo, Hippopotamus, Hyenas, Old world badger, Lions, jaguars, leopards, or tigers, Clouded leopard, Cheetah, Elephants, Rhinoceroses, Gorillas, Baboons, drills, or mandrills, Crocodiles, Alligators or caimans, certain snakes, Gila monsters or beaded lizards, Komodo dragon, Wolverine, Bears, Wolf, mountain lion. | Statute | |
| CA - Fish & Game - Chapter 6.5. Control of Illegally Taken Fish and Wildlife | West's Ann. Cal. Fish & G. Code § 2580 - 2589 | CA FISH & G § 2580 - 2589 | This set of laws outlines various violations involving the possession and movement of illegally obtained animals and imposes liability for those activities. | Statute | |
| FL - Endangered - Endangered and Threatened Species Act | West's F. S. A. § 379.2291 - 2311 | FL ST § 379.2291 - 379.2311 (formerly FL ST § 372.072 - 074) | These Florida statutes define endangered and threatened species and provide the State's intent to protect these species. Under statute, the intentional killing or wounding of a listed species incurs a third degree felony. Interestingly, the state has a reward program for the arrest and conviction of those who violate state endangered species laws. | Statute |