Results

Displaying 6011 - 6020 of 6639
Title Citation Alternate Citation Agency Citation Summary Type
MO - Hunting, Internet - 3 CSR 10-7.410. Hunting Methods 3 MO ADC 10-7.410 3 Mo. Code of State Regulations 10-7.410 In paragraph (R) of this Missouri regulation, the state prohibits computer-assisted, remote hunting. "Except as otherwise permitted in this Code, wildlife may be taken only in the immediate physical presence of the taker and may not be taken by use of computer-assisted remote hunting devices. . ." Administrative
Dogs in Restaurant Patio Laws State map
U.S. v. Mackie 681 F.2d 1121 (D.C. Cir. 1982)

Defendants challenge their eagle convictions under the MBTA, alleging that they should have been charged under the more specific BGEPA.  Court holds the government may elect to proceed under either statute; nothing in the language or legislative history proscribes prosecution under the more general MBTA.  For further discussion on the intersection of the MBTA and the BGEPA, see Detailed Discussion of Eagle Act.

Case
Journal of Animal Law Table of Contents Volume 3

Published by the students of Michigan State University College of Law

Journal of Animal Law Vol. VIII (2007)

The table of contents is provided below.

Policy
State v. Smith 685 A.2d 73 (N.J.Super.L. 1996) 295 N.J.Super. 399 (1996)

This case involves the construction of a Hoboken, New Jersey dangerous dog ordinance in light of the state Vicious and Potentially Dangerous Dog Act.  The owner's dog that was the subject of this case was ordered by the municipal court to be destroyed after it bit a person on the hand.  In applying the relevant preemption test, the court found that the Act preempted any city ordinance purporting to cover same subject.  As noted by the court, it was the procedural conflict that caused the most concern.  Thus, because the procedural/jurisdictional defect in the ordinance was not cured, the municipal court lacked jurisdiction to hear the case.

Case
FL - Wildlife - Chapter 68A-15. Type I Wildlife Management Areas 68 FL ADC 68A-15.004 Fla. Admin. Code r. 68A-15.004 These Florida rules provide that no person shall knowingly or negligently allow any dog to pursue or molest any wildlife during any period in which the taking of such wildlife by the use of dogs is prohibited. No person shall knowingly allow a dog under their care to enter or remain upon a critical wildlife area during any period in which public access is prohibited by the order establishing such area. Administrative
SD - Health - 12:68:06:09. Importation of cats and dogs. S.D. Admin. R. 12:68:06:09 SD ADC 12:68:06:09 This South Dakota regulation states that no person may import into the state any dog or cat over three months of age without certification of a current rabies vaccination. Other health requirements for importation are detailed. Administrative
WildEarth Guardians v. United States Fish & Wildlife Service 342 F. Supp. 3d 1047 (D. Mont. 2018) 2018 WL 5313770 In 2007, the U.S. Fish and Wildlife Service (The Service) issued regulations implementing the CITES Program for certain Appendix II species that are in the United States which include bobcats, gray wolves, river otters, Canada lynx, and brown grizzly bears. Under the regulations, certain requirements must be met prior to the species exportation from the Unites States. The Service annually distributes export tags to approved states and tribes which are then distributed to trappers, hunters, and other individuals seeking to export furbearer species. The Service drafted an incidental take statement setting a cap on the amount of Canada lynx that are allowed to be killed or injured while bobcats are hunted. Plaintiffs brought this action claiming that the U.S. Fish & Wildlife Service violated the National Environmental Policy Act (NEPA) by not adequately analyzing the direct, indirect, and cumulative effects of the CITES Program and by not preparing an Environmental Impact Statement (EIS). It is further alleged that the 2001 and 2012 Biological Opinions and Incidental Take Statement referenced and incorporated in the Environmental Assessment that the Service conducted is deficient under the Endangered Species Act (ESA). The Center for Biological Diversity filed a separate action raising similar NEPA claims. The two actions were consolidated into one and the WildEarth case was designated as the lead case. The Service and the intervenors challenged the Plaintiff's standing to bring their claims. The District Court found that the plaintiffs have standing to bring their claims. As for the NEPA claims, the Court held that the only time an EIS is necessary is when a specific agency action alters the status quo. In this case, the Court found no identifiable agency action that would alter the status quo. The Service has administered the CITES Export Program since 1975 and it does not propose "any site-specific activity nor call for specific action directly impacting the physical environment." As for the EPA claims, in the Incidental Take Statement drafted by the Service, the authorized level of take is set as follows: "two (2) lynx may be killed and two (2) injured annually due to trapping over the 10-year term of th[e] biological opinion." The Plaintiffs argued that the use of the word "and" in the "Two and Two" standard was ambiguous. The District Court agreed and held that as currently worded, the "two and two" fails to set an adequate trigger for take because it is not clear whether one or both are necessary to exceed the trigger. The Plaintiffs also argue that the terms "annually" and "injury" are ambiguous. The District Court held that "annually" was ambiguous, however, it was not enough to independently make the statement arbitrary and capricious. The Court also held that the Service's use of the word "injury" was both overbroad and underinclusive. The Service's interpretation and use of the term is arbitrary and capricious in the context of this case. The Court found that the reporting requirements were arbitrary and capricious and that the take statement does not set forth reasonable and prudent measures to minimize the impact of incidental taking on the species. The Service provides states and tribes with a brochure with information on lynx identification and other information every time bobcat tags are issued, however the brochures are not required to be given out by states and tribes, it is merely recommended. The District Court ultimately Denied the Plaintiff's motion for summary judgment as to their NEPA claims and granted it as to their ESA claims. The incidental take statement was remanded to the Service for further review and clarification. Case
WA - Humane Slaughter - Chapter 16.50. Humane Slaughter of Livestock. West's RCWA 16.50.100 - 900 WA ST 16.50.100 - 900 The Washington humane slaughter laws begin with a statement that it is declared to be the policy of the state of Washington to require that the slaughter of all livestock, and the handling of livestock in connection with slaughter, shall be carried out only by humane methods. Humane methods are defined are those methods whereby the animal is rendered insensible to pain by mechanical, electrical, chemical or other means that is rapid and effective, before being shackled, hoisted, thrown, cast or cut; or methods in accordance with the ritual requirements of any religious faith whereby the animal suffers loss of consciousness by anemia of the brain. "Livestock" is limited under the statute to cattle, calves, sheep, swine, horses, mules and goats. Note that the director may, by administrative order, exempt a person from compliance with this chapter for a period of not to exceed six months if he finds that an earlier compliance would cause such person undue hardship. Violation of the act constitutes a misdemeanor and is subject to a fine of not more than two hundred fifty dollars or confinement in the county jail for not more than ninety days. Statute
WI - Juneau - Breed - 6.04.090 Pit bulls and other dangerous animals. JUNEAU, WI., MUNICIPAL CODE § 6.04.090 (1998)

It is unlawful to keep, harbor, own or possess any pit bull dog in Juneau, Wisconsin, with an exception for pit bulls registered on the day the ordinance became effective. Such dogs may be kept within the city subject to certain requirements, such as proper confinement, the use of a leash and muzzle, the posting of "Beware of Dog" signs, and the maintenance of $50,000 liability insurance for personal injury caused by a pit bull.

Local Ordinance

Pages