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Title Citation Alternate Citation Agency Citation Summary Type
PA - Hunting, Internet - § 7641. Computer-assisted remote harvesting of animals 18 Pa.C.S.A. § 7641 18 Pa. Stat. and Consol. Stat. Ann. § 7641 (West) This statute prohibits computer-assisted remote hunting and the operation of computer assisted hunting facilities in the state of Pennsylvania. Violation is a misdemeanor of the third degree. Statute
US - Whales - Notice of Availability of the Draft Revised Recovery Plan for the North Atlantic Right Whale 2004 WL 1924051 (F.R.) FR Doc. 04-19775

NMFS announces the availability for public review of the draft revised Recovery Plan (Plan) for the North Atlantic Right Whale (Eubalaena glacialis). NMFS is soliciting review and comment from the public and all interested parties on the Plan, and will consider all substantive comments received during the review period before submitting the Plan for final approval.  (Note that the specific concern with right whales is collisions with ships.)

Administrative
LA - Dog - Consolidated Dog Laws LSA-R.S. 13:5544 - 45; LSA-R.S.3:2451 - 2778; LSA-R.S. 56:124.1, 141; LSA-R.S. § 40:1269.1 - 4; LSA-R.S. 49:165 These statutes comprise Louisiana's dog laws. Included among the provisions are dangerous dog laws, impoundment provisions, and the relevant licensing requirements. Statute
DE - Exotic Pets - CHAPTER 72. POSSESSION OF MAMMALS OR REPTILES EXOTIC TO DELAWARE 3 Del.C. § 7201 - 7203 DE ST TI 3 § 7201 - 7203 This Delaware law requires a permit to possess, sell, or import any non-native wild animal. No such permits will be granted for non-native venomous snakes. Statute
United States of America v. Victor Bernal and Eduardo Berges 90 F.3d 465 (11th Cir. 1996)

Victor Bernal and Eduardo Berges were convicted of various crimes in connection with an attempt to export two endangered primates--an orangutan and a gorilla--from the United States to Mexico in violation of the Lacey Act Amendments of 1981 and the Endangered Species Act of 1973.  While the main issue before the court was a downward departure in sentencing guidelines, the court found the purpose of the Lacey Act is protect those species whose continued existence is presently threatened by gradually drying up international market for endangered species, thus reducing the poaching of those species in their native countries.

Case
Commonwealth v. Russo 218 N.E.3d 116, review granted, 493 Mass. 1104, 223 N.E.3d 741 (2023) 103 Mass.App.Ct. 319, 2023 WL 5962931 (Mass. App. Ct. Sept. 14, 2023) This is a case regarding an animal cruelty charge brought against defendant, the owner of an elderly, terminally ill dog. First, defendant’s family brought the fourteen-year-old dog to an animal hospital. The staff at the hospital examined the dog, which had a large mass on his side, and recommended that the dog have surgery to remove the mass. Defendant did not authorize the surgery, and instead took the dog home. Three weeks later, defendant brought the dog back to the animal hospital, where the staff noticed that his condition had worsened significantly. At this point, the veterinarian recommended humane euthanasia to end the dog’s suffering, but defendant declined and requested the surgery. The veterinarian declined, claiming the dog would not survive the surgery, and defendant took the dog home saying they would have another vet euthanize the dog. The veterinarian reported defendant to the Animal Rescue League of Boston, who conducted a welfare check on the dog and found it in very poor health. When the Animal Rescue League asked defendant to euthanize the dog or get him medical attention, defendant declined and insisted the dog would die at home. Defendants were charged with violating the animal cruelty statute, defendant’s motion to dismiss the complaint was granted, and this appeal followed. The question on appeal is whether defendant’s conduct in refusing to euthanize the dog constitutes animal cruelty under the statute. The Commonwealth argues that the animal cruelty statute covers the conduct of one who has charge of an animal but, rather than inflicting the harm directly, “authorizes or permits” the animal “to be subjected to” harm, and that keeping the dog in a state of suffering rather than euthanizing the dog fits this definition. However, after examining case law, the court could not find a case in which a person's failure to euthanize an animal was interpreted as “subjecting” an animal to harm, and did not want to extend the statute that far. The court affirmed the holding of the lower court. Case
IA - Dog License - 351.27. Right to kill tagged dog I. C. A. § 351.27 IA ST § 351.27 This Iowas statute makes it lawful for any person to kill a dog, wearing a collar with a rabies vaccination tag attached, when the dog is caught in the act of worrying, chasing, maiming, or killing any domestic animal or fowl, or when such dog is attacking or attempting to bite a person. Statute
CA - Cockfighting - § 597i. Cockfighting implements; prohibitions; penalties West's Ann. Cal. Penal Code § 597i CA PENAL § 597i This statute makes it unlawful for anyone to manufacture, buy, sell, barter, exchange, or have in his possession any of the implements commonly known as gaffs or slashers, or any other sharp implement designed to be attached in place of the natural spur of a gamecock or other fighting bird. The section also provides for forfeiture of such items, in addition to any sentence imposed by the court. Statute
Animal Legal Defense Fund v. Veneman 490 F.3d 725 (9th Cir. 2007) 07 Cal. Daily Op. Serv. 6427

Plaintiffs, who include the Animal Legal Defense Fund ("ALDF"), the Animal Welfare Institute ("AWI"), and three individuals, challenged the United States Department of Agriculture's ("USDA") 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 nonhuman primates in order to comply with the federal Animal Welfare Act ("AWA").  The district court granted USDA's motion to dismiss, to which the ALDF timely appealed. Over a vigorous dissent, an appeals court panel reversed the district court's decision. After a sua sponte call, however, a majority of active judges voted to rehear the case en banc. Yet, before the rehearing occurred, the parties had reached a settlement and had agreed to dismiss the case with prejudice provided that the panel's opinion and judgment were vacated. The majority of the en banc panel agreed to vacate the panel's opinion and judgment with prejudice, but Judge Thomas filed the dissenting opinion.

Case
MI - Wolves - Control of gray wolves, § 324.95151 to 324.95167 M.C.L.A. 324.95151 - 324.95167 Mich. Comp. Laws Ann. § 324.95151 - 324.95167 This chapter of Michigan laws deals with the removal, capture, or destruction of gray wolves. According to the laws, a landowner is able to use any means necessary to remove a gray wolf from its property, including lethal force, if the gray wolf is threatening the landowners livestock or dog(s). Once a landowner has removed, captured, or destroyed a gray wolf, the landowner must report it to a department official no later than 12 hours after the removal, capture, or destruction. According to Section 324.95167, the act is not operative until final appellate court issues a decision overruling the decision of The Humane Society of the United States v Dirk Kempthorne that allows removal of wolves from the federal ESA list, or the U.S. Fish & Wildlife Service promulgates a final rule dated after March 12, 2007 that removes gray wolves located in this state from the list of endangered and threatened wildlife established under the federal endangered species act of 1973 and that final rule takes effect. Statute

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