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Title Citation Alternate Citation Summary Type
Re The International Fund for Animal Welfare (Australia) Pty Ltd and Ors and Minister for Environment and Heritage (2006) 42 AAR 262 [2006] AATA 94

Zoos in New South Wales and Victoria sought to import five Asian elephants. After an initial hearing, further evidence was sought in relation to the condition and nature of the facilities at the zoos. The Tribunal decided that the importation of the elephants should be in accordance with a permit issued under s 303CG of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).

Case
DE - Law-Enforcement Animal - § 1250. Offenses against law-enforcement animals 11 Del.C. § 1250 DE ST TI 11 § 1250 This Delaware statute penalizes those who harass a law-enforcement animal. The statute states what constitutes assault in the first and second degree against a law-enforcement animal. Statute
Perez v. County of Monterey --- Cal.Rptr.3d ---- 2019 WL 621483 (Cal. Ct. App. Feb. 14, 2019) Cal. Daily Op. Serv. 1493 (Cal. Ct. App. Feb. 14, 2019) In this California case, the plaintiffs sued to challenge the validity of the County of Monterey rooster-keeping ordinance, seeking a declaratory judgment that the law is unconstitutional. The ordinance limits residents to no more than four roosters on a single property without a rooster keeping permit and also describes care and keeping requirements. The trial court found that the ordinance did not violate the constitution and entered judgment for the City. Plaintiffs here appeal that decision, arguing that the ordinance: (1) takes property without compensation in violation of the Fifth Amendment to the United States Constitution; (2) infringes on Congress’ authority to regulate interstate commerce; (3) violates the Equal Protection clause of the Fourteenth Amendment to the United States Constitution; (4) is a prohibited bill of attainder; and (5) violates the rights to privacy and to possess property guaranteed by the California Constitution. With respect to the Fifth Amendment taking challenge, the court found that the regulatory takings argument failed because there is no evidence that the ordinance affected plaintiffs or that they even applied for or were eligible for a permit. As to the interstate commerce challenge, plaintiffs provided no evidence that the ordinance would cause excess roosters to be divested from owners and sold in commerce to support this claim. As to Equal Protection, the plaintiffs correctly assert that the ordinance treats people differently based on age (i.e., students engaged in 4-H or FFA activities are exempted from the four-rooster limitation). However, the court found that the county stated a legitimate objective of public health and safety and this differential treatment of a non-suspect class advances that interest. Finally, the court found the ordinance was not a bill of attainder since it prospectively regulates roosters and also that it does not violate California's right to privacy and property possession. Indeed, the court found that plaintiff did not identify a specific privacy interest implicated by the ordinance. Thus, the judgment was affirmed. Case
WA - Trade - 77.15.260. Unlawful trafficking in fish, shellfish, or wildlife--Penalty West's RCWA 77.15.260 WA ST 77.15.260 This Washington statute pertains to unlawful trafficking in fish, shellfish, and wildlife. A person is guilty of unlawful trafficking in the second degree if s/he traffics in such animals with a wholesale value of less than $250 and the animals are unclassified or classified as game, food fish, shellfish, game fish, or protected wildlife. Unlawful trafficking in the first degree occurs when the animals have a value of $250 or more or the animals are classified as endangered or deleterious exotic wildlife. Statute
CA - San Mateo - Title 6 - ANIMALS Title 6 - ANIMALS, Sections 6.04.010 to 6.20.160

These are the ordinances in San Mateo, California that deal with animals. The laws regulate animal control, exotic animals, spaying, neutering, and breeding, kennels, catteries, and animal fanciers permits.

Local Ordinance
PA - Pet Sales - § 201-9.3. Dog purchaser protection 73 P.S. § 201-9.3 PA ST 73 P.S. § 201-9.3 This Pennsylvania statute comprises the state's Dog Purchaser Protection law. The law mandates disclosure of a dog's health history by a seller (defined as pet shop operator or other individual who sells dogs to the public and who owns or operates a kennel or pet shop licensed by the Pennsylvania Department of Agriculture or the United States Department of Agriculture). If, within ten days after the date of purchase, a dog purchased from a seller is determined, through physical examination, diagnostic tests or necropsy by a veterinarian, to be clinically ill or dies from any contagious or infectious illness or any parasitic illness which renders it unfit for purchase or results in its death, the purchaser may exercise one of the described statutory elections. Statute
Horen v. Commonwealth 479 S.E. 2d 553 (Va. 1997)

Native American medicine woman and her husband convicted of illegally possessing wild bird feathers in violation of Virginia statute.  The Virginia Court of Appeals held that the statute violates RFRA because it does not provide a scheme to possess feathers for religious purposes, as it does for other purposes.  Thus, the statute was not religiously neutral because it discriminated based on content and the state did not employ the least restrictive means in advancing its compelling interest.  For further discussion on the federal Bald and Golden Eagle Protection Act, see Detailed Discussion of Eagle Act .

Case
DON'T FENCE ME IN--APPLICATION OF THE UNLAWFUL INCLOSURES OF PUBLIC LANDS ACT TO BENEFIT WILDLIFE 5 Animal L. 1 (1999) The Bureau of Land Management and the Forest Service manage millions of acres of public land across the United States. Most of this land serves more than one purpose-grazing, mining, recreation, timber, wildlife-and thus must remain available for these uses. Historically, the Unlawful Inclosures Act (UIA) preserved access for ranchers and homesteaders. More recently, the UIA has also protected access for wildlife whose movements are impeded by fences or other illegal obstructions. This article argues that such protection should be extended to the Sonoran pronghorn antelope in the southwestern United States. Article
Chile - Slaughter - Decreto 28, 2013 Decreto 28, 2013 (1051388) This "Decreto" or executive order contains the regulations for the protection of animals that are used for meat, leather, feathers, and other byproducts by imposing the use of rational methods to avoid unnecessary suffering during technical procedures and slaughter. It is an indirect result of the agreement DS N° 28/2003 between Chile and the European Union together with decretos 29, and 30, 2013. Animals must be stunned by the use of adequate methods that minimize their suffering before slaughter, and the animal must remain insensible until death. Article 24 exempts ritual slaughter. Statute
TX - Ordinances - § 215.032. Exhibitions; Shows; Amusements V.T.C.A., Local Government Code § 215.032 TX LOCAL GOVT § 215.032 This statute authorizes municipalities to prohibit or regulate circuses, exhibitions, and menageries. Statute

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