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Title Citation Alternate Citation Agency Citation Summary Type
KY - Lien, veterinary - 376.470 Veterinarian's lien KRS § 376.470 KY ST § 376.470 This Kentucky law states that any licensed veterinarian who performs professional services for an animal, by contract with, or by the written consent of, the owner or authorized agent shall have a lien on the animal to secure the cost of the service provided. The priority for the liens filed under this law is based upon when the first lien was filed. Statute
US - Funding State - Pittman-Roberson Act (Chapter 5B. Wildlife Restoration) 16 USC 669 - 669l The Pittman-Robertson Wildlife Restoration Act authorizes the Secretary of the Interior to cooperate with the States, through their respective State fish and game departments, in wildlife-restoration projects. However, no money shall be expended until the state in question assents to the provisions of this chapter and has passed laws for the conservation of wildlife, which includes a prohibition against the diversion of license fees paid by hunters for any other purpose than the administration of the fish and game department. Statute
US - Eagle - Endangered and Threatened Species; Bald Eagle Reclassification; Final Rule Federal Register: July 12, 1995 (Volume 60, Number 133) RIN 1018-AC48

The Fish and Wildlife Service reclassifies under the Endangered Species Act of 1973 (Act), as amended, the bald eagle (Haliaeetus leucocephalus) from endangered to threatened in the lower 48 States. The bald eagle remains classified as threatened in Michigan, Minnesota, Wisconsin, Oregon, and Washington where it is currently listed as threatened. The special rule for threatened bald eagles is revised to include all lower 48 States. This action will not alter those conservation measures already in force to protect the species and its habitats. The bald eagle also occurs in Alaska and Canada, where it is not at risk and is not protected under the Act. Bald eagles of Mexico are not listed at this time due to a recently enacted moratorium on listing additional taxa as threatened or endangered.

Administrative
MD - Housing - Subtitle 8. Pet Protections MD Code, Real Property, § 14-801 - 806 MD REAL PROP § 14-801 - 806 This subtitle applies to an action for possession of real property filed on or after November 1, 2023. In addition, by October 1, 2023, the Department of Agriculture shall develop and publish on its website a fact sheet that provides information about how a person may care for and protect any pets in the event the person is evicted or loses possession of the person's property. When possession of real property is delivered to a landlord following an eviction or other described action, law enforcement or other official must immediately inspect the premises for any pet and provide that pet to the tenant. If the tenant is not present, that official must contact an animal shelter or animal rescue to take possession of the pet along with contact information of the former tenant. Statute
Humane Soc. of U.S. v. Locke 626 F.3d 1040 (C.A.9 (Or.),2010) 2010 WL 4723195 (C.A.9 (Or.))

The National Marine Fisheries Service (NMFS) authorized several states to kill California sea lions under section 120 of the Marine Mammal Protection Act (MMPA), which allows the intentional lethal taking of individually identifiable pinnipeds. Plaintiffs filed action for declaratory and injunctive relief against Defendants. The Court held that NMFS 1) did not adequately explain its finding that sea lions were having a “significant negative impact” on the decline or recovery of listed salmonid populations; and 2) NMFS did not adequately explain why a California sea lion predation rate of 1 percent would have a significant negative impact on the decline or recovery of these salmonid populations. Therefore, the agency's action was “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” under the Administrative Procedure Act.

Case
ZooCats, Inc. v. U.S. Dept. of Agriculture 417 Fed.Appx. 378(5th Cir. 2011) This petition followed a final order of the Secretary of the United States Department of Agriculture (USDA) ordering ZooCats, Inc. to cease and desist from violating the Animal Welfare Act (AWA), and revoking ZooCats's animal exhibitor license. ZooCats argued on appeal that the Secretary erred in extending certain filing deadlines, erred in determining certain audio tapes were inadmissible evidence, and erred in determining that ZooCats did not qualify as a “research facility” under the AWA. Addressing each of these claims, the 5th Circuit held that the Administrative Law Judge had broad discretion to manage its docket to promote judicial economy, efficiency, and to protect the interests of the parties. The Sixth Circuit further found that even if the tapes were admissible, failure to admit the tapes would be a harmless error because there was substantial evidence in the record supporting the agency's determination that ZooCats wilfully violated the AWA. Finally, the 6th Circuit held ZooCats was not a research facility under the AWA because it had not researched, tested, or experimented in the almost ten years since it registered as a research facility. The 6th Circuit therefore denied Petitioner’s petition. Case
Luper v. City of Wasilla 215 P.3d 342 (Alaska,2009) 2009 WL 2902504 (Alaska)

Plaintiff appealed a grant of summary judgment in favor of the City of Wasilla, Alaska's enforcement action over zoning ordinances. The facts stem from the City's denial of plaintiff's application for a use permit in 2005 to run an eighteen-dog kennel. Plaintiff argued on appeal that Wasilla's former three-dog limit infringed on her property rights in both her land and her dog. This court agreed with the lower court that the provision here bore a "fair and substantial relationship" the government purposes of controlling dog noise, reducing dog odor and pollution, and preventing loose dogs. Further, the court found that it was not reasonable for the plaintiff to rely on the city clerk's statement that she only needed a kennel license to operate a hobby kennel.

Case
CA - Euthanasia - § 599d. Policy of state regarding adoptable and treatable animals West's Ann. Cal. Penal Code § 599d CA PENAL § 599d This law provides that it is the policy of the state that no adoptable animal should be euthanized if it can be adopted into a suitable home. (Editor's note: The law was part of SB 1785 (the Hayden Act) that expanded the holding time for companion animals and the duties of pounds and shelters who act as depositories for lost or stray animals). Statute
New York Revised Statute 1881: Chapter 682: Section 26 N.Y. Rev. Stat. ch. 682, § 26 (1881) Section 26 of Chapter 682 from New York Revised Statutes 1881 concerns the treatment of animals by the owner or any other person. A person found harming such an animal would be guilty of a misdemeanor. Statute
Stanko v. Maher 419 F.3d 1107 (10th Cir. 2005) 2005 WL 1953514 (10th Cir.(Wyo.)) A livestock owner and drover sued the Wyoming state brand inspector, alleging that inspector violated his state and federal constitutional rights in making warrantless seizure of five head of livestock, and that inspector abused his office in violation of state constitution. Plaintiff Rudy Stanko, proceeding pro se, appealed from the district court's order granting summary judgment to defendant Jim Maher.  The appellate court affirmed the entry of summary judgment in favor of Mr. Maher, holding that the warrantless search of cattle did not violate Fourth Amendment and the inspector did not violate the Fourth Amendment by making warrantless seizure of cattle as estrays.  Further, the procedure provided under Wyoming brand inspection statutes prior to seizure of cattle deemed to be estrays satisfied due process requirements. Case

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