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Title Citation Alternate Citation Agency Citation Summary Type
US - Wildlife - Disposal of Forfeited or Abandoned Property 1981 WL 150053 (F.R.)

The Service proposes regulations to dispose of property forfeited or abandoned to the United States under the provisions of 50 CFR Part 12. This property, which includes wildlife, plants, vehicles, vessels, aircraft, cargo, guns, nets, traps, and other equipment, would be separated into two types for disposal. All property, except wildlife and plants, would be disposed of under existing Service procedures, which are based on current Federal Property Management Regulations and Interior Property Management Regulations. Wildlife and plants, however, would be disposed of at the discretion of the Director by one of the following means: return to the wild, use by the Service or transfer to another government agency for official use, donation or loan, sale, or destruction.

This action would enable the Service to insure that wildlife and plants are disposed of in accordance with the conservation aims of the statute under which they were obtained while establishing an orderly, cost efficient disposal procedure. This procedure is needed both to eliminate unnecessary expense and overcrowding at government storage facilities and to provide a uniform means of satisfying the variety of possible uses of wildlife and plants which are ready for disposal.

Administrative
HI - Dog Bite - Chapter 142. Animals, Brands, and Fences. H R S § 142-74, 75 HI ST § 142-74, 75 This Hawaii statute provides that the owner of any dog that has bitten a human being shall have the duty to take such reasonable steps as are necessary to prevent the recurrence of such incident. Whenever a dog has bitten a human being on at least two separate occasions (with no applicable exceptions), any person may bring an action against the owner of the dog. Each county may enact and enforce ordinances regulating persons who own, harbor, or keep any dog that has bitten, injured, or maimed a person. No ordinance enacted under this subsection shall be held invalid on the ground that it covers any subject or matter embraced within any statute or rule of the State; provided that the ordinance shall not affect the civil liability of a person owning the offending dog. Statute
People v. O'Rourke 83 Misc.2d 175 (N.Y.City Crim.Ct. 1975) 369 N.Y.S.2d 335 (N.Y.City Crim.Ct. 1975)

The owner of a horse was guilty of cruelty to animals for continuing to work a horse he knew was limping. The court found that defendant owner was aware that the horse was unfit for labor, and was thus guilty of violating N.Y. Agric. & Mkts. Law § 353 for continuing to work her.

Case
Animal Legal Defense Fund v. State, Dept. of Wildlife and Fisheries 140 So.3d 8 (La.App. 1 Cir. 4/25/13) 2012-0971 (La.App. 1 Cir. 4/25/13), 2013 WL 1774638

The Animal Legal Defense Fund (ALDF), along with others, filed a petition for injunctive relief and a writ of mandamus against the Louisiana Department of Wildlife and Fish (DWF) for permitting the exhibit of a real tiger ("Tony") at a truck stop owned by Michael Sandlin. An ordinance prohibiting the display of wild animals was in effect when Tony was acquired. Subsequent to that, the Louisiana legislature adopted a law that required those who legally held big cats who were "grandfathered in," obtain a permit from the DWF. After Tony's caretaker, Michael Sandlin was denied a DWF permit because he was not in compliance with the Parish ordinances, Sandlin sued the Parish. The Parish then carved out an exception for him in the ordinances and the DWF, through Secretary Barham, issued a state permit to Sandlin. ADLF and others sued, alleging that the permit violated Louisiana law and the renewal of the permit was arbitrary, capricious, and an abuse of discretion.  At the first trial court hearing, the trial court issued a judgment granting the preliminary and permanent injunction ordering DFW to revoke the permit, but the truck stop owner alleged he had not received notice of the hearing and therefore decided to intervene. Once the truck stop was allowed to intervene, a hearing on all pending issues was held, which resulted in the intervenors appealing the trial court’s judgment and the trial court’s denial for a new trial. On appeal here, the appeals court dismissed the appeal, in part, and affirmed, in part, the November 17, 2011 judgment of the trial court. With regard to the issue of standing for the injunction, this court found that the individual named plaintiffs (residents of Louisiana) had taxpayer standing, but the court did not find that plaintiff ALDF alleged and proved sufficient interest to sustain a right of action seeking an injunction against any unlawful conduct by DWF. That part of the November 17, 2011 judgment of the trial court was reversed. Further, the court found that, based on factual findings, there was no error in the trial court's legal conclusion that Michael Sandlin did not meet the legal requirements for a Potentially Dangerous Wild Quadruped permit, and that permanent injunctive relief, enjoining DWF from issuing Michael Sandlin future permits for Tony, was warranted. That part of the trial court judgment was affirmed.

Case
Close-up of a night monkey's dirty and hairless tail. Slideshow Images
US - AWA - House Conference Report 1985 (AWA) House Conference Report 99-447 (1985)

The Senate amendment designates this title as the “Improved Standards for Laboratory Animals Act.” 

Administrative
New Mexico Department of Game and Fish v. United States Department of the Interior 854 F.3d 1236 (10th Cir. 2017) Defendant, The United States Fish and Wildlife Service (“FWS”) released two Mexican gray wolf pups on federal land in New Mexico without a permit. Their goal was to increase the recovery of the wolf population more rapidly. The Plaintiff, New Mexico Department of Game and Fish ("Department") brought action against FWS and the United States Department of Interior. The Department requested declaratory and injunctive relief to prohibit FWS from releasing more Mexican gray wolves within New Mexico’s borders. Other wildlife organizations and various states also intervened as Defendants. The United States District Court for the District of New Mexico, entered an order granting the Department a preliminary injunction. The Defendants appealed. The United States Court of Appeals, Tenth Circuit, reversed and remanded. The Court held that: (1) the Department failed to establish a significant risk of irreparable injury to its wildlife management efforts, and (2) the Department failed to establish a significant risk of irreparable injury to New Mexico’s sovereignty. Case
OR - Hunting - 635-064-0010. Privately Held Exotic and Game Mammals OR ADC 635-064-0010 OAR 635-064-0010 Under this Oregon regulation, it is unlawful to hunt, kill, or attempt to hunt or kill, exotic mammals or game mammals held or obtained by private parties. Exceptions under the statute include the slaughter of such an animal for meat, leather, or fur production, euthanization of such an animal for scientific, health, safety or other valid husbandry concerns, or the department's Wildlife Division Director may authorize any person to hunt or kill such an animal if the Division Director determines it would be in the best interest of sound wildlife management. Administrative
LA - Hunting - § 116.5. Computer-assisted remote hunting prohibited; penalties LSA-R.S. 56:116.5 This Louisiana law provides that it is a class six violation for any person to engage in computer-assisted remote hunting or provide or operate a facility or provide services that allow others to engage in computer-assisted remote hunting. Statute
DE - Tether, dog - Chapter 9. Dogs. 16 Del.C. § 3044F DE ST TI 16 § 3044F This Delaware statute addresses the requirements for indoor and outdoor facilities housing dogs. It includes storage, drainage, waste disposal, ventilation, lighting, shelter, height, and surface requirements. Food, water, and use of tethers are also addressed. The tether shall be of a type commonly used for the size dog involved, made of material not normally susceptible to being severed by the dog through chewing or otherwise, and shall be attached to the dog by means of a well-fitted collar that will not cause trauma or injury to the dog. The tether shall be a minimum of 10 feet in length and allow the dog convenient access to the dog house and to food and water containers. Statute

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