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Title Citation Alternate Citation Agency Citation Summary Type
OR - Rehabilitation, wildlife - Chapter 635. Department of Fish and Wildlife. OR ADC 635-044-0200 - 635-044-0310 OAR 635-044-0200 - 635-044-0310 (repealed 2015) [Note: repealed 2015] Under this set of Oregon regulations, any person desiring to hold any bird, mammal, amphibian or reptile for the purpose of wildlife rehabilitation must first obtain a Wildlife Rehabilitation Permit from the Department of Fish and Wildlife. The requirements and conditions to obtain a permit is also provided. In addition to an Oregon Wildlife Rehabilitation Permit, persons possessing this permit must also obtain a federal permit for species protected by federal law and provide a copy of the current valid federal permit to the Department. Other sections provide prohibited species under the permit and facility requirements. Administrative
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
COMMONWEALTH v. MASSINI 188 A.2d 816 (Pa.Super 1963) 200 Pa.Super. 257 (Pa.Super 1963)

In this Pennsylvania case, defendant was prosecuted for killing a cat that belonged to his neighbor. The section under which he was prosecuted prohibited the killing of a 'domestic animal of another person.' However, a cat was not one of the animals defined as a ‘domestic animal’ by the Act. Using rules of statutory interpretation, the court found that the omission of 'cat' from the listed species of the penal code provision was intentional by the legislature, and thus the defendant's sentence was discharged.

Case
CA - Fighting Animals - § 597b. Fighting animals or cockfighting; prohibition; penalties; aiding and abetting West's Ann. Cal. Penal Code § 597b CA PENAL § 597b This statute forbids anyone from causing a fight between any animal or creature for amusement or gain, or allowing an animal fight to take place on her premises. It also makes it a misdemeanor for anyone to be present at an animal fight. Statute
American Horse Protection Ass'n, Inc. v. Lyng 681 F.Supp. 949 (D.D.C.,1988)

This case resulted from a remand by the Court of Appeals after the USDA denied the plaintiff's application for additional rulemaking for the Horse Protection Act to expressly prohibit the use of ten ounce chains and padded shoes in the training of show horses. The use of these materials, argues plaintiff, constitutes soring (the act of deliberately injuring a horse's hooves to obtain a particular type of gait prized at certain horse shows. The object of soring is to cause a horse to suffer pain as its feet touch the ground). This Court denied defendant's motion to dismiss and granted plaintiff's motion for summary judgment. In doing so, it directed the Secretary of the Department of Agriculture to institute rulemaking procedures concerning the use of action devices on show horses. The Court further held that the existing regulations are contrary to law and that the Secretary ignored his mandate from Congress under the Horse Protection Act.

Case
KY - Pig, feral - 150.186 Release of hog or pig into the wild prohibited; KRS § 150.186 KY ST § 150.186 This Kentucky law prohibits the release of a hog or pig from the family Suidae into the wild. It also prohibits the importation, possession, or transportation in Kentucky any wild or feral pig, Eurasian or Russian boar, or any hybrid of these, whether born in the wild or captivity. Statute
Caribbean Conservation Corp., Inc. v. Florida Fish and Wildlife Conservation Com'n 838 So.2d 492(Fla. 2003) 28 Fla. L. Weekly S46, 28 Fla. L. Weekly S134

The petitioners' challenge is whether the Legislature can require the newly created Florida Fish and Wildlife Conservation Commission (FWCC) to comply with the requirements of the Administrative Procedure Act (APA), when adopting rules or regulations in respect to those species of marine life that are defined as endangered, threatened, or species of special concern. The petitioners are not-for-profit groups and individuals who allege several statutory sections unconstitutionally usurp the constitutional authority of the FWCC to regulate marine life.  The FWCC and the Attorney General (respondents) disagree and argue that the Legislature can require the application of the APA and that the statutes that delineate power to the Department of Environmental Protection (DEP) are constitutional.  The issue was whether the creation of the FWCC also gave it power to regulate endangered, threatened, and species of special concern or whether that power remained with the DEP.  The court found that such power remained with the DEP regarding endangered and threatened species of marine life.  However, it could discern no statutory basis in effect on March 1, 1998, for the DEP having regulatory or executive power in respect to a category of marine species designated "of special concern" so that portion of the challenged statutes was held unconstitutional.

Case
GA - Initiatives - Georgia Amendment 2 (right to hunt) 2006 Georgia Amendment 2 This Georgia constitutional amendment was presented to voters on the 2006 ballot. The measure preserves the state's tradition of hunting and fishing for the public good. Amendment 2 passed by a margin of 81% to 19%. Statute
WV - Eagle - § 20-2-5c. Protection of bald eagles and golden eagles; unlawful acts; W. Va. Code, § 20-2-5c WV ST § 20-2-5c This statute makes it a misdemeanor to possess or barter in golden or bald eagles, and any subsequent convictions under this chapter result in felony prosecution. In addition to fines and imprisonment, violators face revocation of hunting license privileges for up to ten years. Statute
Mercado v. Ovalle 973 N.Y.S.2d 171 (N.Y.A.D. 1 Dept., 2013) 2013 N.Y. Slip Op. 06810, 2013 WL 5712557, 110 A.D.3d 539

In this New York case, plaintiff appealed the lower court's order granting defendants' motion for summary judgment in a dog bite case. Defendants, a grocery store and its owner, asserted that they did not own the two pit bulls that attacked plaintiff. The only evidence plaintiff presented showing defendants' ownership and control over the dogs were hearsay statements from the mechanic who operated the lot that the dogs guarded. The court found this evidence that defendants occasionally walked and fed the dogs insufficient to show that they "harbored" the dogs. Affirmed.

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