Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| U.S. v. Proceeds from Sale of Approximately 15,538 Panulirus Argus Lobster Tails | 834 F. Supp. 385 (S.D. Fla. 1993) |
This case arose out of the seizure of some 15,538 lobster tails of the species Panulirus argus, more commonly known as "spiny lobster," imported into the United States by the Claimant Lista Enterprises Seafood, Inc. from the Turks and Caicos Islands, a British territory in the Caribbean. The court held the government had probable cause to seize the lobster tails based on the weight criteria established under Turks and Caicos law. Under the Lacey Act, anyone who "knowingly" imports fish or wildlife taken in violation of foreign law may be assessed a penalty of $10,000 per violation, where "knowingly" refers to situations where the violator knew or should have known that the wildlife was taken in violation of law. |
Case | ||
| Map of Veterinary Reporting Laws for Animal Cruelty | This map links to laws related to reporting of animal cruelty by veterinarians (note that other animal care professionals and government employees may also have duties to report suspected cruelty). As of 2023, the majority of U.S. states have laws that either mandate or allow reporting (permissive reporting) of suspected animal cruelty by veterinary professionals OR have standalone laws that provide immunity for reporting of suspected cruelty. In most states with a mandatory or voluntary reporting law, a companion immunity provision is also provided. Such an immunity statute protects a veterinarian from any civil liability (and sometimes criminal) arising from the reporting of the abuse. About 23 states have MANDATORY reporting by veterinarians or veterinary professionals (note that some states are mandatory only for animal fighting or aggravated cruelty and Pennsylvania's regulation only applies to reporting abuse by other licensed veterinarians). Approximately 12 states have NO LAWS that deal with veterinary reporting of cruelty or immunity for reporting suspected cruelty. | State map | |||
| FL - Domestic Violence - 741.30. Domestic violence; injunction; powers | West's F. S. A. § 741.30 | FL ST § 741.30 | This Florida law allows petitioners to file injunctions for protection against domestic violence. Among the described incidents of domestic violence from which the petitioner may obtain protection is where the respondent has "intentionally injured or killed a family pet." The court may considers this as a factor when determining whether there is reasonable cause to believe the petitioner is in imminent danger of becoming a victim of domestic violence. In 2020, Florida added this provision to (5)(a)(4): "Awarding to the petitioner the temporary exclusive care, possession, or control of an animal that is owned, possessed, harbored, kept, or held by the petitioner, the respondent, or a minor child residing in the residence or household of the petitioner or respondent. The court may order the respondent to temporarily have no contact with the animal and prohibit the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the animal. This subparagraph does not apply to an animal owned primarily for a bona fide agricultural purpose, as defined under s. 193.461, or to a service animal, as defined under s. 413.08, if the respondent is the service animal's handler." | Statute | |
| Lee v. State | 973 N.E.2d 1207 (Ind.App. 2012) | 2012 WL 3775862 (Ind.App. 2012) |
An attendant of a dog fight was convicted of a Class A misdemeanor under section 35-46-3-4 of the Indiana Code. On appeal, the defendant-appellant argued that the statute was unconstitutionally vague and that the statute invited arbitrary law enforcement, which violated the Due Process clause of the U.S. Constitution. Though the appeals court found the defendant-appellant had waived her constitutional claims by not filing a motion at the bench trial, the appeals court found her claims lacked merit. The defendant-appellant’s conviction was therefore upheld. |
Case | |
| DE - Invasive/non-native - § 802. Non-native wildlife injurious to native wildlife, agriculture, and other interests | 7 Del.C. § 802 | DE ST TI 7 § 802 | This Delaware statute leaves to the discretion of the state whether to authorize an entity or persons to take, harvest, or capture any species of non-native wildlife that is or has the potential to become injurious to native wildlife. | Statute | |
| Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n | 99 S.Ct. 3055 (1979) | 443 U.S. 658 (1979) |
The United States initiated an action seeking an interpretation of Indian fishing rights under treaties with Indian tribes of the Pacific Northwest. The Court held that the language of the treaties securing a "right of taking fish . . . in common with all citizens of the Territory" was not intended merely to guarantee the Indians access to usual and accustomed fishing sites and an "equal opportunity" for individual Indians, along with non-Indians, to try to catch fish, but instead secures to the Indian tribes a right to harvest a share of each run of anadromous fish that passes through tribal fishing areas. Thus, an equitable measure of the common right to take fish should initially divide the harvestable portion of each run that passes through a "usual and accustomed" place into approximately equal treaty and nontreaty shares, and should then reduce the treaty share if tribal needs may be satisfied by a lesser amount. The Court also held that any state-law prohibition against compliance with the District Court's decree cannot survive the command of the Supremacy Clause, and the State Game and Fisheries Departments, as parties to this litigation, may be ordered to prepare a set of rules that will implement the court's interpretation of the parties' rights even if state law withholds from them the power to do so. |
Case | |
| NE - Breeder - Chapter 18 - Commercial Dog and Cat Operator Inspection Regulations | Neb. Admin. R. & Regs. Tit. 23, Ch. 18, § 001 - 018 | 23 NE ADC Ch. 18, 001 - 018 | This set of Nebraska regulations implements the Commercial Dog and Cat Operator Inspection Act. All persons operating a boarding kennel, pet shop, animal control facility, animal rescue, animal shelter, or acting as a dealer or commercial dog or cat breeder shall have a valid license issued by the Department in accordance with the Act and these regulations. | Administrative | |
| State v. Warren | 439 P.3d 357 (Mt. 2019) | 2019 MT 49; 395 Mont. 15; 2019 WL 926113 (Mt. 2019) | Cathie Iris Warren was convicted of three felony counts of aggravated animal cruelty, five felony counts of aggravated cruelty, and a misdemeanor cruelty to animals count. Warren appealed contending that the district court erred by denying Warren’s motion to suppress evidence obtained in a warrantless search of her commercial kennel property, denying Warren’s Baston challenge, and in imposing costs to be reimbursed by Warren under Montana law. Cathie Iris Warren operated a kennel on her residential property in Libby, Montana. Warren obtained her initial license to operate her business in 2013. In 2016 it was discovered that Warren was operating her kennel despite the fact that her business license had expired in October of 2015. In order to obtain a new license, Warren needed to have an inspection of her property. Warren ended up having three separate inspections of her property. After each inspection, Warren had failed to meet the requirements. The members of the Health Department who were involved in the inspections became concerned that the animals were not being adequately cared for and were not of good health. Warren could not provide appropriate vaccination records for all of her animals. A search warrant was executed on Warren’s property on August 2, 2016. Warren’s animals were seized the same day. Warren moved to suppress the evidence that was obtained arguing that a warrant was required for each inspection that had been conducted on her property. The court concluded that there was no search because Warren did not have an expectation of privacy in her commercial kennel operation that society would consider objectively reasonable. The trial court convicted Warren and found that Warren owed statutorily-imposed costs, including veterinary care, food and supplies, excess hours worked by county employees, and travel costs as well as the shelter’s lost revenue. Warren appealed her conviction and sentence. The Supreme Court of Montana found that Warren treated parts of her home as part of her kennel, therefore, those areas of her home that were searched were considered commercial property which is subject to a less significant expectation of privacy. The Court concluded that the administrative inspection fell within the applicable warrant exception, was reasonable, and did not require a search warrant. Warren also challenged the State’s peremptory challenge of a minority juror (Baston Challenge). The Court concluded that the District Court reached the right conclusion on the Baston challenge but for the wrong reason. Warren’s third challenge was whether the District Court erred in calculating the statutory costs owed by Warren. The Court found that the costs approved by the District Court were reasonably supported by the evidence. The Court ultimately affirmed the judgment of the District Court. | Case | |
| OK - Veterinarian Issues - Professional Conduct | OK ADC 775:10-5-30 | Okla. Admin. Code 775:10-5-30 | The following acts and/or omissions shall be considered unprofessional conduct and shall constitute grounds for disciplinary action by the Oklahoma Board of Veterinary Medical Examiners. | Administrative | |
| US - Marine Mammals, Endangered - Establishment of Species of Concern List, Addition of Species to Species of Concern List, Desc | 2004 WL 791908 (F.R.) | FR Doc. 04-8593 |
NMFS establishes a species of concern list, places 45 species on this list, describes the factors it will consider when identifying species of concern, and revises the candidate species list. NMFS also solicits information and comments concerning the status of, research and stewardship opportunities for, and the factors for identifying species of concern. |
Administrative |