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Displaying 61 - 70 of 369
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| US - CITES Regs - Taking, Possession, Transportation, Sale, Purchase, Barter, Exportation, and Importation of Wildlife and Plant | 50 C.F.R. § 23.1 to 92 |
These regulations describe the purpose of CITES, the criteria for listing in the appendices, and the requirements for importing or exporting protected animals or plants. |
Administrative | ||
| US - Endangered Species - Subpart A. Introduction and General Provisions | 50 C.F.R. § 17.1 to .9 | These regulations for the Endangered Species Act (ESA) cover the introductory materials, including the purpose, definitions, and scope of the administrative regulations. They also include regulations related to "pre-Act" wildlife and examples of such possession as well as provisions for Native Alaskans. | Administrative | ||
| 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 | |
| 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 | |||
| NC - Cruelty - Consolidated Cruelty Laws (Article 47) | N.C.G.S.A.§ 14-360 to 14-369; § 19A-1 - 70; § 114-8.7; § 160A-182, § 14-177; § 153A-127 | NC ST § 14-360 to 14-369; § 19A-1 - 70; § 114-8.7; § 160A-182, § 14-177; § 153A-127 | This section comprises the relevant North Carolina animal cruelty statutes. The anti-cruelty statute provides that if any person shall maliciously kill, or cause or procure to be killed, any animal by intentional deprivation of necessary sustenance, that person shall be guilty of a Class H felony. If any person shall maliciously torture, mutilate, maim, cruelly beat, disfigure, poison, or kill, or cause or procure to be tortured, mutilated, maimed, cruelly beaten, disfigured, poisoned, or killed any animal, every such offender shall for every such offense be guilty of a Class H felony. This section also makes promoting or conducting a cock fight a misdemeanor and promoting or conducting a dogfight a felony. Other prohibited acts include abandoning an animal, conveying any animal in a cruel manner, and restraining a dog in a cruel manner. This section also includes the civil remedy provisions. | Statute | |
| 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 | |
| VT - Exotic pet, wildlife - § 4709. Importation, stocking wild animals | 10 V.S.A. § 4709 | VT ST T. 10 § 4709 | This Vermont law provides that a person may not bring into the state or possess any live wild bird or animal of any kind, unless the person obtains from the commissioner a permit to do so. Applicants shall pay a permit fee of $100.00. | Statute | |
| AZ - Cruelty - Consolidated Cruelty/Animal Fighting Statutes | A. R. S. § 12-1011; § 13-2910 - 12; § 13-1411 | AZ ST § 12-1011; § 13-2910 - 12; § 13-1411 | The Arizona section contains the state's anti-cruelty and animal fighting provisions. A person commits cruelty to animals if he or she intentionally, knowingly or recklessly subjects any animal under the person's custody or control to cruel neglect or abandonment, fails to provide medical attention necessary to prevent protracted suffering to any animal under the person's custody or control, inflicts unnecessary physical injury to any animal, or recklessly subjects any animal to cruel mistreatment, among other things. Animal is defined as a mammal, bird, reptile or amphibian. Exclusions include hunting and agricultural activities in accordance with those laws and regulations in Arizona. Intentionally attending a dogfight is a felony under this provision whereas attendance at a cockfight is a misdemeanor. | Statute | |
| MT - Endangered Species - Chapter 5. Wildlife Protection. | MCA 87-5-101 to 87-5-132 | MT ST 87-5-101 to 87-5-132 | These Montana statutes provide the short title for the Nongame and Endangered Species Conservation Act, the definitions associated with the Act, and the legislative policy behind the Act. | Statute | |
| GA - Exotic pets, wildlife - Chapter 5. Wild Animals | Ga. Code Ann., § 27-5-1 to 12 | GA ST § 27-5-1 to 12 | These Georgia wildlife provisions embody the General Assembly's finding that it is in the public interest to ensure the public health, safety, and welfare by strictly regulating in this state the importation, transportation, sale, transfer, and possession of certain wild animals. Animals such as kangaroos, certain non-human primates, wolves, bears, big cats, hippopotamus, and crocodile, among others, are considered to be inherently dangerous to human beings and are subject to the license or permit and insurance requirements outlined in the laws. The section also details specifications for the humane handling, care, confinement and transportation of certain wild animals. | Statute |