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Title Citation Alternate Citation Agency Citation Summary Type
MS - Trust - § 91-8-408. Trust for care of animal Miss. Code Ann. § 91-8-408 MS ST § 91-8-408 This Mississippi statute allows a trust to be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one (1) animal alive during the settlor's lifetime, upon the death of the last surviving animal. Statute
US - Marine Mammals - Taking of Marine Mammals Incidental to Commercial Fishing Operations FR Doc. 04-24008 (2004)

NMFS proposes regulations to implement resolutions adopted by the Inter-American Tropical Tuna Commission (IATTC) and by the Parties to the Agreement on the International Dolphin Conservation Program (IDCP). These regulations would prohibit activities that undermine the effective implementation and enforcement of the Marine Mammal Protection Act (MMPA), Dolphin Protection Consumer Information Act (DPCIA), and International Dolphin Conservation Program Act (IDCPA). This proposed rule would enlarge the class of vessels required to pay observer fees. The procedure to categorize tuna purse seine vessels as ``active'' in the Eastern Tropical Pacific Ocean (ETP) and the deadline for submitting vessel permit applications would change. Procedures are proposed for managing the capacity of the U.S. tuna purse seine fleet operating in the ETP through maintenance of a Vessel Register, the definitive list of vessels authorized to purse seine for tuna in the ETP. This proposed rule is intended to contribute to the long-term conservation of dolphin and tuna stocks and to ensure that the domestic tuna tracking and verification program remains consistent with international standards.

Administrative
IN - Trust - 30-4-2-18. Trust to provide for care of an animal alive during settlor's lifetime I.C. 30-4-2-18 IN ST 30-4-2-18 Indiana's pet trust law was enacted in 2005. The trust terminates upon the death of the animal or upon death of last surviving animal alive during settlor's lifetime. Property of a trust authorized by this section may be applied only to the trust's intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the trust's intended use. Statute
CO - Ordinances - Pet animal control and licensing C. R. S. A. § 30-15-101 CO ST § 30-15-101 This Colorado statute states that the board of county commissioners of any county may adopt a resolution for the control and licensing of dogs. These regulations may require licensing of dogs by owners, require that dogs and other pet animals be under control at all times and define "control," define "vicious dog" and "vicious animal," establish a dog pound, or other animal holding facility, provide for the impoundment of animals which are vicious, not under control, or otherwise not in conformity with the resolutions, and establish such other reasonable regulations and restrictions for the control of dogs and other pet animals. Statute
U.S. v. Lee 937 F.2d 1388 (9th Cir. 1991)

Fishermen who took part in importing salmon that they knew or should have known had been taken in violation of Taiwanese regulation, could be subjected to criminal penalties for violation of the Lacey Act, despite the fact not all fishermen who were involved actually violated the Taiwanese regulation.  The fishermen argue that the term "any foreign law" encompasses only foreign statutes, not foreign regulations; however, the court previously ruled that a Taiwanese regulation prohibiting the export of salmon without a permit constituted a "foreign law" under section 3372(a)(2)(A) and thereby supported an Act violation.

Case
American Soc. for Prevention of Cruelty to Animals v. Feld Entertainment, Inc. 659 F.3d 13 (C.A.D.C., 2011) 2011 WL 5108581 (C.A.D.C.)

The Court of Appeals, D.C. Circuit, affirmed the lower court's finding that plaintiffs lack standing to sue Ringling Brothers and Barnum & Bailey Circus for violation of the Endangered Species Act. Specifically, plaintiffs allege that the use of two training methods for controlling elephants, bullhooks and chaining, constitute a "taking" under the Act. Here, the court found no clear error by the district court as to former employee Tom Rider's standing to sue where Rider's testimony did not prove an injury-in-fact. As to API's standing, the court held that API did not meet either informational standing or standing under a Havens test.

Case
Cardenas v. Swanson 531 P.3d 917 (Wyo., 2023) 2023 WY 67, 2023 WL 4344196 (Wyo. July 5, 2023) The Cardenas family (Appellants) owned three St. Bernard dogs. Appellants lived on a home adjacent to large tracts of state land, and would allow the dogs to roam the land unleashed, but the dogs would return each night. One afternoon, the dogs were let outside to run, but one dog did not return. Appellants found the dog caught in a snare, where it died from a broken neck. Appellants attempted to free the dog from the snare, and one of the Cardenas children was injured in the process. While appellants were attempting to free their dog from the snare, the other two dogs were also caught in snares, and died from their injuries. Appellants filed suit against the trapper who set the snares (Appellee), asserting claims of negligence, willful and wanton misconduct, violation of statutes, infliction of emotional distress, and civil rights violations. Appellee filed a motion for summary judgment, which the trial court granted and denied in part, finding that appellee’s conduct was not willful and wanton and that appellants could not recover emotional damages for the loss of the dogs. On appeal, the court considered: (1) whether the members of the Cardenas family can recover damages for emotional injuries for the loss of their dogs, and (2) whether this court should allow the recovery of emotional distress damages for the loss of a pet. The court held that (1) emotional injuries for the loss of property are not recoverable, under this court’s precedent emotional damages are only recoverable for certain limited situations. Dogs are considered personal property under state law, and damage to personal property is not one of the situations in which emotional damages are recoverable. Next, the court held that (2) it would not create a precedent to allow people to recover emotional distress damages when animate personal property is harmed, as that change would be best suited for the legislature to make. The court affirmed the judgment of the trial court and dismissed the case. Case
R v. Shand R. v. Shand, 2007 ONCJ 317 In R v Shand 2007 ONCJ 317 (CanLII), the court examined the necessary elements required to established the “willful” mens rea component present in Canadian Federal Criminal Statute s. 429. The accused was charged with three counts of animal cruelty contrary to s.446 of the Criminal Code in relation to a dog in her care. The court found that on two of the counts that the accused was had acted "wilfully" because she was either "reckless or indifferent as to her dog's condition." Case
Inst. of Cetacean Research v. Sea Shepherd Conservation Soc. 860 F. Supp. 2d 1216 (W.D. Wash. 2012) rev'd, 708 F.3d 1099 (9th Cir. 2013) and rev'd, 725 F.3d 940 (9th Cir. 2013) The Institute of Cetacean Research, a Japanese whaling group, sued the direct action environmental protection organization Sea Shepherd, claiming that Sea Shepherd’s actions taken against the whaling group’s vessels in the Antarctic are violent and dangerous. The Institute claimed that Sea Shepherd had rammed whaling ships, thrown dangerous objects on to the ships, attempted to prevent them from moving forward, and navigated its vessels in such a way as to endanger the Japanese ships and their crews. The Institute’s request for an injunction was denied when the Court held that the Institute did not establish the necessary factors. The Court did state, however, that though Sea Shepherd’s acts did not constitute piracy, it did not approve of the organization’s methods or mission. Case
GA - Hunting - § 27-3-12. Use of drugs, poisons, chemicals, smoke, gas, explosives Ga. Code Ann., § 27-3-12 GA ST § 27-3-12 This Georgia law prohibits computer assisted remote hunting or providing or operating a facility that allows others to engage in computer assisted remote hunting if the wild animal or wildlife being hunted or shot is located in this state. The law also makes it unlawful to hunt hunt any wild animal, game animal, or game bird by means of drugs, poisons, chemicals, smoke, gas, explosives, recorded calls or sounds, or recorded and electronically imitated or amplified sounds or calls. Violation is a misdemeanor (high) with a fine of $1,000 to $5,000 and/or a term of imprisonment up to 12 months. Statute

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