Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| US - Wildlife - § 12.36 Donation or loan. | 67 FR 47660 | 50 C.F.R. § 12.36 | This provision describes the applicable donation or loan procedures for forfeited or abandoned wildlife property. Of particular interest is the section that requires that donation of eagle parts to Native Americans for religious purpose must proceed according to the Indian religious permit procedures outlined in 50 C.F.R. 22.22. | Administrative | |
| R (on the application of Countryside Alliance and others) v Attorney General and another | [2007] UKHL 52 | An appeal was brought against a decision that the Hunting Act 2004 was not inconsistent with the EC Treaty, or incompatible with the European Convention on Human Rights. In particular, the appellants argued that the Act was incompatible with the right to a private and family life; and the right of freedom of assembly and association (Articles 8 and 11 of the Human Rights Act); along with Articles 1 and 14 of the Act (the right to peaceful enjoyment of property rights, and prohibition on discrimination). The appeal was rejected by the House of Lords. Findings included that Articles 8 and 11 were not engaged, and that even if they were, the hunting ban was proportionate to the end it sought to achieve and necessary in a democratic society. | Case | ||
| NM - Equine Activity Liability - Article 13. Equine Liability | NMSA 1978, § 42-13-1 to 42-13-5 | NM ST § 42-13-1 to 42-13-5 | This act stipulates that any person, corporation or partnership is immune from liability for the death or injury of a rider, which resulted while the rider was engaged in an equine activity. However, there are exceptions to this rule: a person, corporation, or partnership will be held liable for injuries if he or she displays a conscious, reckless, or intentional disregard for the safety of the rider, and if the person, corporation, or partnership fails to make reasonable and prudent efforts in ensuring the safety of the rider. | Statute | |
| MD - Humane Slaughter - Maryland Wholesome Meat Act | MD Code, Agriculture, § 4-101 - 131 | MD AGRIC § 4-101 - 131 | This section comprises Maryland's "Wholesome Meat Act." Included are laws related to licensing of slaughtering establishments, labeling of meat, and the state's humane slaughter provisions. The humane slaughter provisions state that it is the policy of the State to prevent inhumane methods of livestock slaughter at an official establishment. Humane methods include those by which livestock are rendered insensible to pain, by a single blow or gunshot, or by an electrical, chemical, or other rapid and effective means, before being shackled, hoisted, thrown, cast, or cut. Ritual slaughter defined by statute is also considered humane if done in compliance with the act. Use of a manually operated hammer, sledge, or poleax during a slaughtering operation is considered inhumane. Note that "livestock" here explicitly excludes poultry or other fowl. A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 for each violation. | Statute | |
| U.S. v. Rioseco | 845 F.2d 299 (11th Cir. 1988) |
After defendant was found fishing in the Cay Sal Bank area of the Bahamas, Coast Guard officers informed appellant that possession of a Bahamian fishing license was necessary to fish in those waters and that failure to possess such a license would render such fishing a contravention of the United States Lacey Act. On appeal, defendant contended that the Lacey Act is unconstitutional in that it incorporates foreign law, thereby delegating legislative power to foreign governments. The court found that the Lacey Act which prohibited the possession or importation of fish and wildlife taken in violation of foreign laws, was not an improper delegation of legislative power simply by its reference to foreign law. |
Case | ||
| Humane Society of the United States v. Kempthorne | 579 F.Supp.2d 7 (D.D.C. 2008) | 68 ERC 1146 (2008) |
Environmental and wildlife organizations brought challenge under the Endangered Species Act [ESA] against a final rule promulgated by the U.S. Fish and Wildlife Service [FWS] designating the Western Great Lakes distinct population segment of gray wolves and simultaneously delisting it from the ESA. The court vacated and remanded the Rule to the Fish and Wildlife Service because the ESA was ambiguous about whether it authorized the FWS to simultaneously designate and delist a distinct population segment. There was no Chevron deference due. |
Case | |
| MS - Slaughter - Chapter 35. Meat Inspection | Miss. Code Ann. § 75-35-1 to 75-35-327 | MS ST § 75-35-1 to 75-35-327 |
These Mississippi statutes regulate meat products, animal slaughter, inspection and branding. Animals to be slaughtered must examined and slaughtered humanely, which means being “rendered insensible to pain... before being shackled, hoisted, thrown, cast or cut.” Meat and meat products must be labeled “Mississippi inspected and passed.” Any violation of the provisions may result in imprisonment and/or a fine. |
Statute | |
| Map of States with Disaster Planning Laws | Over 30 states have laws or emergency operation plans that provide for the evacuation, rescue, and recovery of animals in the event of a disaster (including the District of Columbia). The inclusion of pet-related provisions in these laws and emergency operation plans occurred after the tragedy of Hurricane Katrina in 2005. Reports suggest that people were reluctant to evacuate without pets and/or service animals, and little planning was implemented on the transportation and sheltering of pets. Pets were also impounded in shelters and often never reunited with their owners. In 2006, the federal Pets Evacuation and Transportation Standards (PETS) Act (42 U.S.C.A. § 5196a-d (2006)) was passed. PETS directs the Administrator of the Federal Emergency Management Agency (FEMA) to develop emergency preparedness plans and ensure that state and local emergency plans that consider the needs of individuals with pets and service animals during a major disaster or emergency. Many state laws require that animals be sheltered and evacuated during an emergency. While these plans differ from state to state, most address several key elements, which include the care of companion animals, the implementation of state animal response teams, the sheltering of animals, and identification of recovered animals. | State map | |||
| Roose v. State of Indiana | 610 N.E.2d 256 (1993) |
Defendant was charged with criminal mischief and cruelty to an animal after dragging it with his car. The court concluded that, although some of the photos admitted were gruesome, the municipal court validly admitted the photos of the dog that defendant injured into evidence because the photos clearly aided the jury in understanding the nature of those injuries and the veterinarian's testimony as to the medical attention that the dog received. |
Case | ||
| IL - Ordinances - 5/3. Appointment of administrator; | 510 I.L.C.S. 5/3 | IL ST CH 510 § 5/3 | This Illinois statute provides that the County Board Chairman with the consent of the County Board shall appoint an Administrator who may appoint as many Animal Control Wardens to aid him or her as authorized by the Board. The Board is authorized by ordinance to require the registration and microchipping of dogs and cats and shall impose an individual animal and litter registration fee. All persons selling dogs or cats or keeping registries of dogs or cats shall cooperate and provide information to the Administrator as required by the Board. | Statute |