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Title Citation Alternate Citation Agency Citation Summary Type
WV - Assistance Animal - Assistance Animal/Guide Dog Laws W. Va. Code, § 5-15-1 to 9; § 19-20-2; § 5-11A-3, 5-11A-5 WV ST § 5-15-1 to 9; WV ST § 19-20-2; WV ST § 5-11A-3, 5-11A-5

The following statutes comprise the state's relevant assistance animal and guide dog laws.

Statute
NM - Hunting - Chapter 17. Game and Fish and Outdoor Recreation. NMSA 1978, § 17-2-7.1 NM ST § 17-2-7.1

This law represents New Mexico's hunter harassment provision. It is unlawful for a person to commit interference with another person who is lawfully hunting, trapping or fishing in an area where hunting, trapping or fishing is permitted by a custodian of public property or an owner or lessee of private property. A first offense is a petty misdemeanor; a second or subsequent offense is a misdemeanor. This section does not apply to a farmer or rancher in pursuit of his or her normal farm or ranch operation or law enforcement officer in pursuit of his or her official duties.

Statute
VA - Domestic Violence - Protective orders Va. Code Ann.§§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-279.1, 19.2-152.8, 19.2-152.9, and 19.2-152.10 VA ST §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-279.1, 19.2-152.8, 19.2-152.9, and 19.2-152.10 In 2014, Virginia amended its Protective Order laws to grant petitioners possession of any “companion animal," so long as the petitioner is considered the owner. Companion animals include any family pets, such as dogs, cats, hamsters, etc., but do not include farm animals. To be considered an owner, a petitioner must either have a property interest in the animal, keep or house the animal, have the animal in their care, or have acted as a custodian of the animal. This new provision is now included in Virginia's Emergency Protective Orders, Preliminary Protective Orders, and Protective Orders. Statute
VA - Breeder - § 3.2-6500. Definitions (definitions for commercial breeder) Va. Code Ann. § 3.2-6500 VA ST § 3.2-6500

Provides most recent definitions for terms used throughout the rest of the statute, including but not limited to private and public animal shelters, commercial breeder, shelter, pet shop, and kennel.

Statute
MT - Trusts - Chapter 2. Upc--Intestacy, Wills, and Donative Transfers. MCA 72-2-1017 MT ST 72-2-1017

This Montana statute states that a trust for the care of a designated domestic or pet animal is valid (but for no longer than 21 years, even if the trust provides for a longer term).  The trust terminates when no living animal is covered by the trust.  Extrinsic evidence is admissible in determining the transferor's intent.  Except as expressly provided otherwise in the trust instrument, no portion of the principal or income may be converted to the use of the trustee or to any use other than for the trust's purposes or for the benefit of a covered animal and a court may reduce the amount of the property transferred if it determines that that amount substantially exceeds the amount required for the intended use.

Statute
WY - Fur - Article 3. Miscellaneous Fees; Taxidermists; Trapping; Fur Dealers. W. S. 1977 §§ 23-2-301 to 307 WY ST §§ 23-2-301 to 307

This set of Wyoming laws sets forth the requirements and costs to obtain trapping and taxidermist licenses. Any trap or snare found in the field not bearing the name and address of the owner of the trap or snare or the identification number assigned by the department to the owner of the trap or snare may be confiscated by any employee of the department. Any landowner or his agent may inspect any trap or snare set on his property, may remove the trap or snare and may release or remove from the trap or snare any wildlife which has not been taken lawfully. However, it is a "low misdemeanor" to tamper with or remove any trap or snare set or maintained in compliance with this act or release a furbearer or predator found in a legal trap.

Statute
ND - Wildlife, possession/rehabilitation - Article 48.1-09. Nontraditional Livestock. N.D. Admin. Code § 48.1-09-01-01 - 48.1-09-06-01 NDAC 48.1-09-01-01 - 48.1-09-06-01

This section of North Dakota regulations concerns non-traditional livestock: any nondomestic species held in confinement or which is physically altered to limit movement and facilitate capture. The regulations describe three categories of animals: category 1 - those species generally considered domestic, or not inherently dangerous (such as turkeys, geese, ranch mink, and ducks); category 2 - certain protected species or those species that may pose health risks to humans or animals or may be environmentally hazardous (such as all deer, zebras, and nondomestic cats not listed in category 3); and category 3 - those species determined by the board to pose special concerns, including species which are inherently dangerous or environmentally hazardous (such as nondomestic swine, big cats, bears, wolves, venomous reptiles, primates, and non-domestic sheep and goats). Additionally, a person may not keep a skunk or raccoon in captivity. There are specific licensing requirements for category 2 and 3 species. The owner shall obtain a license from the board before acquiring animals classified as nontraditional livestock category 2 and category 3 species. A license or permit may not be granted by the board until it is satisfied that the provisions for housing and caring for such nontraditional livestock and for protecting the public are proper and adequate and in accordance with the standards prescribed by the board.

Administrative
SC - Wildlife - § 50-1-270. Liability for gross destruction or injury to wildlife, Code 1976 § 50-1-270 SC ST § 50-1-270

This South Carolina statute provides that any person or public or private entity is liable to the State for the unlawful gross destruction of or injury to wildlife, aquatic life, endangered or threatened species, or the lands or waters owned by the State. For a deliberate or grossly negligent act, the State must be awarded damages of three times the value of the resource affected, plus costs, including attorney's fees. This section does not apply to ordinary agricultural practices.

Statute
NY - Hunting - Chapter 43-B. Of the Consolidated Laws McKinney's E. C. L. § 11-1904 McKinney's E. C. L. § 11-1904

This New York statute provides that no person who owns, operates or manages a facility that harbors non-native big game mammals shall knowingly permit the taking on such premises by any person who pays a fee to take a live non-native big game mammal by any of the following means:  the shooting or spearing of a non-native big game mammal that is tied or hobbled; the shooting or spearing of a non-native big game mammal that is staked or attached to any object; the shooting or spearing of a non-native big game mammal that is confined in a box, pen, cage or similar container of ten or less contiguous acres from which there is no means for such mammal to escape, among other things.

Statute
MI - Endangered - Part 365. Endangered Species Protection M. C. L. A. 324.36501 - 07 MI ST 324.36501 - 07

The state of Michigan defines an endangered species as "any fish, plant life, or wildlife that is in danger of extinction throughout all or a significant part of its range, other than a species of insecta determined by the department or the Secretary of the United States Department of the Interior to constitute a pest whose protection under this part would present an overwhelming and overriding risk to humans."  Violation of the taking provision constitutes a misdemeanor punishable up to 90-days in jail and/or up to $1,0000 in fines.

Statute

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