Statutes

Statute by categorysort descending Citation Summary
US - Horse - Wild Horses and Burros Act 16 USC 1331 - 1340 The Wild Horses and Burros Act approved December 15, 1971, provides for protection of wild, free-roaming horses and burros. It directs the Bureau of Land Management of the Department of the Interior and Forest Service of the Department of Agriculture to manage such animals on public lands under their jurisdiction.
US - Horses - Sale of Wild Free-Roaming Horses and Burros PL 108-447

These amendments to the Wild Horses Act, 16 U.S.C.A. § 1333, amended by Public Law 108-447, allow for the sale of animals for commercial purposes in some circumstances, specifically when the excess animal is more than 10 years old, or has been unsuccessfully offered for adoption on at least 3 occasions.  Once the excess animal is sold, it will no longer be considered a wild free-roaming horse or burro according to this Act.

US - Housing - Fair Housing. Subchapter I. Generally. Section 3602. Definitions. 42 U.S.C.A. 3601 - 3604 The following sections of the Fair Housing Act relate to "reasonable accommodations" for persons with a handicap or disability. In Section 3602, the definition of "handicap" includes a person with: (1) a physical or mental impairment which substantially limits one or more of such person's major life activities; (2) a record of having such an impairment, or (3) being regarded as having such an impairment. Section 3604 is the operative part of the law that makes it unlawful to discriminate because of a handicap in the sale or rental of a dwelling. Under subsection (3)(B), the law states that discrimination includes the refusal to make "reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling."
US - Housing - FHA Definitions ( Section 705. Definitions) 29 USC 705(20)(B) Sec. 504 provides the federal definition of "disability" (part 9) and "handicap" (part 20).
US - Housing - Section 504 of the Rehabilitation Act of 1973 29 USC 794 In the context of housing discrimination, this statute creates the rule that public housing authorities cannot deny housing to a disabled person solely because of his or her disability, and that if a reasonable accommodation can be made to make housing available to a disabled person, the landlord is required to make the accommodation. To establish a prima facie case of housing discrimination, the tenant must establish four elements: (1) tenant is an individual with a disability; (2) tenant is "otherwise qualified" to receive the benefit; (3) tenant was denied the benefit of the program solely by reason of his or her disability; and (4) the program receives federal financial assistance.
US - Hunting - Airborne Hunting Act 16 USC 742j-1 This Act approved November 18, 1971 added to the Fish and Wildlife Act of 1956 a new section 13 (16 U.S.C. 742j-l), which is commonly referred to as the Airborne Hunting Act or Shooting from Aircraft Act, prohibits shooting or attempting to shoot or harassing any bird, fish, or other animal from aircraft except for certain specified reasons, including protection of wildlife, livestock, and human life as authorized by a Federal or State issued license or permit. States authorized to issue permits are required to file reports with the Secretary of the Interior containing information on any permits issued.
US - Importation - CHAPTER 3. ANIMALS, BIRDS, FISH, AND PLANTS 18 USCS § 42 Under this federal law, no importation of certain listed animals is permitted. Whoever violates this section, or any regulation issued pursuant thereto, shall be fined under this title or imprisoned not more than six months, or both.
US - Importation - Fraud and False Statements 18 USC § 1001 Under this federal law, fraudulent statements, orally or in writing, may result in a fine and or imprisonment.
US - Importation - Mailing of Injurious Article 18 USCS § 1716 All kinds of poison, all articles and compositions containing poison, all poisonous animals, insects, reptiles, all explosives, inflammable materials, infernal machines, and mechanical, chemical, or other devices or compositions which may ignite or explode, all disease germs or scabs, and all other natural or artificial articles, compositions, or material which may kill or injure another, or injure the mails or other property, whether or not sealed as first-class matter, are nonmailable matter and shall not be conveyed in the mails or delivered from any post office or station thereof, nor by any officer or employee of the Postal Service.
US - Invasive - Chapter 67. Aquatic Nuisance Prevention and Control 16 USCS 4701 - 4751 The Act focuses on all aquatics, including aquatic plants. The Act created the Aquatic Nuisance Species Task Force, which is an intergovernmental organization, administered by the Fish and Wildlife Service, committed to preventing and controlling aquatic nuisance species and implementing the Nonindigenous Aquatic Nuisance Prevention and Control Act. The Task Force coordinates Federal governmental efforts dealing with aquatic nuisance species with those of state and local governments, non-governmental organizations, academic institutions, and the private sector.
US - Lacey Act - Chapter 53. Control of Illegally Taken Fish and Wildlife. 16 USC 3371 - 3378 The Lacey Act provides that it is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law whether in interstate or foreign commerce. All plants or animals taken in violation of the Act are subject to forfeiture as well as all vessels, vehicles, aircraft, and other equipment used in the process.
US - Lacey Act - Conspiracy Statute 18 USC § 371 If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both. If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor.
US - Marine Mammals- Marine Mammal Protection Act 16 USC 1361 - 1421h The Marine Mammal Protection Act (MMPA) is the main regulatory vehicle that protects marine mammal species and their habitats in an effort to main sustainable populations. In doing so, the statute outlines prohibitions, required permits, criminal and civil penalties, and international aspects in addressing marine mammals. Included in the MMPA are provisions to protect dolphins from ocean vessels that harvest tuna with purse seine nets; provisions to protect polar bear; provisions that establish the Marine Mammal Commission and that agency's duties; and provisions for the Marine Mammal Health and Stranding Response Program, including funding for standing response and unusual mortality events. The Act's 1972 Legislative History is also included.
US - MBTA - Senate Bill 2547 An Act to Amend the Migratory Bird Treaty Act (MBTA) 2004 Senate Bill 2547

This Act, now known as the Migratory Bird Treaty Reform Act (MBTRA), revamps the MBTA by excluding species of birds that are "non-native" to the United States.  Under the bill, a bird species shall not be treated as native to the United States if the species occurs in the United States solely as a result of intentional or unintentional human-assisted introduction after the date of adoption of the treaty in 1918.  As a result, some 94 species of birds currently protected under the treaty would lose their protected status.

US - Meat - Chapter 12. Meat Inspection. 21 U.S.C.A. § 601 - 695 The Federal Meat Inspection Act of 1906 (FMIA) was enacted to prevent adulterated or misbranded meat and meat products from being sold as food and to ensure that meat and meat products are slaughtered and processed under sanitary conditions. The Act requires covered meat products to be labeled and packaged in accordance with the chapter to effectively regulate commerce and protect the health and welfare of consumers.
US - Migratory - Migratory Bird Hunting and Conservation Stamp Act 16 USC 718 - 718k The Migratory Bird Hunting and Conservation Stamp Act, or the "Duck Stamp Act," as this March 16, 1934, authority is commonly called, requires each waterfowl hunter 16 years of age or older to possess a valid Federal hunting stamp. Receipts from the sale of the stamp are deposited in a special Treasury account known as the Migratory Bird Conservation Fund and are not subject to appropriations. A contest is held each year by the U.S. Fish and Wildlife Service to select the design of the stamp.
US - Migratory Bird - Migratory Bird Treaty Act 16 USC 703 - 712 This law implements the treaties that the US has signed with a number of countries protecting birds that migrate across our national borders. It makes illegal the taking, possessing or selling of protected species.
US - MMPA - Legislative History of 1972 U.S.C.C.A.N. 4144, 1971 WL 11285 (Leg.Hist.)

This document contains most of the legislative history surrounding the 1972 adoption of the Marine Mammal Protection Act.

US - Native American - American Indian Religious Freedom Act (AIFRA) 42 USC 1996 This act created an executive policy of respect for Native American religious ideas and practices. While it does not create any substantive right of action by a Native American, AIFRA has been used substantiate claims against federal acts that infringe the exercise of Native American religions (policy affirmed by a 1994 executive order).
US - Native American - RFRA (Religious Freedom Restoration Act) 42 USC 2000bb-1 RFRA provides that the government may not substantially burden an individual's free exercise of religion unless it is in furtherance of a compelling government interest and it is done through the least restrictive means.
US - Patent - Patentability of Inventions and Grant of Patents 35 USC 103 The Patent Act governs the law of patents in the United States. Currently, the Patent and Trademark Office functions to issue patents, for which genetically engineered animal species may legally be patented in the United States.
US - Pets Evacuation and Transportation Standards Act of 2006 - Chapter 68. Disaster Relief 42 U.S.C.A. § 5196 - 5196d The FEMA Administrator is directed to develop emergency preparedness plans that take into account the needs of individuals with pets and service animals prior to, during, and following a major disaster or emergency. The Administrator must also ensure that state and local emergency preparedness plans take into account the needs of such individuals. The Administrator may make financial contributions to the States and local authorities for animal emergency preparedness purposes to accommodate people with pets and service animals.
US - Police animal - § 1368. Harming animals used in law enforcement 18 U.S.C.A. § 1368 This federal law states that whoever willfully and maliciously harms any police animal, or attempts or conspires to do so, shall be fined under this title and imprisoned not more than 1 year. If the offense permanently disables or disfigures the animal, or causes serious bodily injury to or the death of the animal, the maximum term of imprisonment shall be 10 years.
US - Poultry Products Inspection Act (PPIA) 21 U.S.C.A. § 451 - 473 PPIA regulates the processing and distribution of poultry products. To ensure that poultry is fit for human consumption, it forbids the buying, selling, transporting and importing of dead, dying, disabled, or diseased poultry and products made from poultry that died other than by slaughter. PPIA requires certain sanitary, labeling and container standards to prevent the sale of adulterated or misbranded poultry products. Violations may result in a fine and/or imprisoned.
US - Rhinoceros - Chapter 73. Rhinoceros and Tiger Conservation. 16 USC 5301 - 5306 The purpose of the Act is to assist in the conservation of rhinoceros and tigers by supporting the conservation programs of nations whose activities affect rhinoceros and tiger populations, as well as those of the Secretariat of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Act also provides financial resources for those programs.
US - Rodent - Nutria Eradication and Control Act of 2003 2004 P.L. 108-16; 2004 P.L. 105-322

Nutria are large, semi-aquatic rodents that are native to South America and have invaded the marshland of certain U.S. states.  There are no natural predators to control nutria, no market for their fur, and private trappers have failed to keep pace with the animals' ability to reproduce.  P.L. 108-16 of 2003  and P.L. 105-322 of 1998 authorizes the Secretary of the Interior to provide financial assistance to the States of Maryland and Louisiana for a program to implement measures to: (1)eradicate nutria in Maryland; (2)eradicate or control nutria in Louisiana and other States; and (3) restore marshland damaged by nutria.

US - Seal - Chapter 24. Conservation and Protection of North Pacific Fur Seals. 16 USC 1151 - 1187 The Fur Seal Act of 1966 prohibited, except under specified conditions, the taking, including transportation, importing or possession, of fur seals and sea otters. Exceptions are authorized for Indians, Aleuts, and Eskimos who dwell on the coasts of the North Pacific Ocean, who are permitted to take fur seals and dispose of their skins. The statute also authorized the Secretary of Interior to conduct scientific research on the fur seal resources of the North Pacific Ocean.
US - Sharks - Chapter 38. Fishery Conservation and Management 16 U.S.C.A. § 1857 The Shark Conservation Act of 2010 amended Sec. 1857 of the Magnuson Stevens Fishery Conservation and Management Act. The amendment effectively closed a loophole that allowed vessels to transport illegally obtained shark fins so long as no sharks were finned aboard the vessel. The act makes it illegal to remove any of the fins of a shark (including the tail) at sea; to have custody, control, or possession of any such fin aboard a fishing vessel unless it is naturally attached to the corresponding carcass; to transfer any such fin from one vessel to another vessel at sea, or to receive any such fin in such transfer, without the fin naturally attached to the corresponding carcass; or to land any such fin that is not naturally attached to the corresponding carcass, or to land any shark carcass without such fins naturally attached. Essentially, all sharks must be brought aboard with their fins attached. There is a rebuttable presumption under the Act that if any shark fin (including the tail) is found aboard a vessel, other than a fishing vessel, without being naturally attached to the corresponding carcass, such fin was transferred in violation of the Act.
US - Smuggling - § 545. Smuggling goods into the United States 18 USCA § 545 This federal law provides punishment for smuggling merchandise (including animals) into the United States.
US - Trade - Tariff Act of 1930 19 USCA § 1481 This federal law outlines the requirements for importation invoices.
US - Tuna Fishing - Legislative History of the MMPA (1981) 1981 U.S.C.C.A.N. 1458

This legislative history outlines the background and analysis of the 1981 amendments to the Marine Mammal Protection Act.  Of particular note is the discussion related to the "zero mortality" goal for dolphins in the tuna fishing industry.

US - Tuna Fishing - Legislative History of the MMPA (1988) 1988 WL 169926

This legislative history provides the background and section by section analysis of the 1988 amendments to the Marine Mammal Protection Act.  As in 1981, the focus of the amendments rests with the mortality of dolphins from the tuna fishing industry.

US - Whales - Chapter 14A. Whale Conservation and Protection. 16 U.S.C.A. § 917 - 917d These statutes extended federal authority and responsibility over the conservation and protection of all mammals including certain species of whales. The statutes also granted the Secretary of Commerce with authority to complete a comprehensive study of all whales in an effort to conserve and protect them effectively.
US - Whales - Whaling Convention Act 16 U.S.C.A. § 916 - 916l These federal statutes describe the Whaling Convention Act which granted authority to the Secretary of State and the Secretary of Commerce for regulation. The Act makes it unlawful for any person in the United States to engage in whaling, transporting, or selling any whale or whale products, that are taken or processed in violation of the Act. The Act also prohibits other unlawful conduct such as whaling without a license and failing to keep required returns, records, and reports. Finally, the Act provide penalties for violations including a fine of not more than $10,000, imprisonment of not more than one year, or both. In addition the court may prohibit such person from whaling for a period of time.
US - Wildlife - Chapter 23. National Wilderness Preservation System. 16 U.S.C.A. §§ 1131 - 1136 Under this Act, Congress established a National Wilderness Preservation System to be composed of federally owned areas designated by Congress as "wilderness areas", and these shall be administered for the use and enjoyment of the American people in such manner as will leave them unimpaired for future use and enjoyment as wilderness, and so as to provide for the protection of these areas, the preservation of their wilderness character, and for the gathering and dissemination of information regarding their use and enjoyment as wilderness; and no Federal lands shall be designated as "wilderness areas" except as provided for in this chapter or by a subsequent Act.
UT - Abandonment - § 58-28-601. Animal abandonment U.C.A. 1953 § 58-28-601 This Utah statute provides that any animal abandoned at a veterinarian's office for a period of ten days may be sold or placed in the custody of the nearest humane society or county dog pound after giving notice to the owner. If no humane society or dog pound is located in the county, the animal may be disposed of in a humane manner.
UT - Ag gag - § 76-6-112. Agricultural operation interference--Penalties U.C.A. 1953 § 76-6-112 This Utah law creates the crime of "agricultural operation interference ." A person commits agricultural operation interference if he or she records an image or sound from an agricultural operation by leaving a recording device without consent, obtains access to an agricultural operation under false pretenses, applies for employment with the intent to record, or without consent intentionally records the operation while committing criminal trespass.
UT - Agriculture - Ch. 4 Eggs U.C.A. 1953 §§ 4-4-101 - 108. This chapter of Utah law concerns the production and sale of eggs in the state. It establishes the standards for egg grading and what forms of rot and deformities render eggs illegal to sell in the state. It also mandates that egg producers in the state maintain records for examination by the department of health and human services in order to track the spread of foodborne illnesses.
UT - Agriculture - Title 4 Utah Agriculture Code U.C.A. 1953 § 4-2-301 - 305; § 4-2-401 - 402; § 4-2-501 to 504; § 4-31-1 to 4-31-119 The following statutes detail penalities for violating of the agricultural code. They also contain animal disease control provisions and detail the organization of the Department of Agriculture and Food.
UT - Assistance animal - Assistance Animal/Guide Dog Laws U.C.A. 1953 § 26B-6-801 - 805; § 41-6a-1007; § 18-1-3; § 76-9-307; § 78B-3-701 - 703; § 10-8-65; § 17-50-336; § 53G-9-211 The following statutes comprise the state's relevant assistance animal and guide dog laws.
UT - Breed - § 18-2-101. Regulation of dogs by a municipality U.C.A. 1953 § 18-2-101 This Utah law effective in 2015 prohibits a municipality from adopting breed-specific rule, regulation, policy, or ordinance regarding dogs. Any breed-specific rule, regulation, policy, or ordinance regarding dogs is void.
UT - Cats - Chapter 46. Animal Welfare Act. Part 3. Community Cat Act U.C.A. 1953 § 11-46-301 to 304 A shelter may release a cat prior to the 5-day holding period to a sponsor operating a community cat program. Such a cat is exempt from licensing requirements and feeding bans.  Community cat sponsors or caretakers do not have custody of any cat, and sterilization and vaccination records must be kept for three years.
UT - Cruelty - Consolidated Cruelty Statutes U.C.A. 1953 § 76-9-301 - 308 These Utah statutes comprise the state's anti-cruelty provisions. "Animal" is defined as a live, nonhuman vertebrate creature, but animals raised for agricultural purposes and wildlife are excluded from the definition. A person is guilty of cruelty to animals if the person intentionally, knowingly, recklessly, or with criminal negligence fails to provide necessary food, care, or shelter for an animal in his custody, abandons an animal in the person's custody, transports or confines an animal in a cruel manner, injures an animal, or causes any animal to fight with another animal for amusement or gain. Aggravated cruelty (i.e., torturing, poisoning, or intentionally killing an animal) and dogfighting incur stiffer penalties.
UT - Dog - Consolidated Dog Laws U.C.A. 1953 § 10-8-65; § 4-40-101 - 102; § 18-1-1 - 4; § 18-2-101; § 23A-12-204 - 205; § 23A-5-309 - 310; § 26B-7-210 - 211; § 26B-1-236; § 58-28-601 These Utah statutes comprise the state's dog laws. Among the provisions include municipal pound pet sterilization provisions, rabies control laws, hunting laws that impact dogs, and laws concerning injuries caused by dogs.
UT - Dog Bite - Title 18. Dogs. Chapter 1. Injuries by Dogs. U.C.A. 1953 § 18-1-1 to 4 This Utah statute provides that every person owning or keeping a dog shall be liable in damages for injury committed by such dog, and it shall not be necessary in any action brought therefor to allege or prove that such dog was of a vicious or mischievous disposition or that the owner or keeper thereof knew that it was vicious or mischievous. This does not apply to dogs used by law enforcement officials. In 2014, a provision for the use of arbitration in personal injury from dog bite cases was added.
UT - Domestic Violence - Cohabitant Abuse Procedures Act. 77-36-1. Definitions U.C.A. 1953 § 77-36-1 In 2022, Utah amended its statute defining "domestic violence" to include aggravated cruelty to an animal, as described in Subsection 76-9-301(4), with the intent to harass or threaten the other cohabitant.
UT - Domestic Violence - § 78B-7-105. Forms for petitions, civil protective orders, and civil stalking injunctions U.C.A. 1953 § 78B-7-105 In 2022, Utah amended its law related to civil protection orders to include household animals. The amendments require that forms for a civil protective order must include "a space to indicate whether an order under Subsection 78B-7-603(2)(k) or (l) regarding a household animal is requested" under subsection (2)(c)(iv).
UT - Ecoterrorism - § 76-6-110. Offenses committed against animal enterprises--Definitions--Enhanced penalties U.C.A. 1953 § 76-3-203.16 (Formerly cited as UT ST § 76-6-110) This section comprises Utah's animal enterprise interference law. A person who commits any criminal offense with the intent to halt, impede, obstruct, or interfere with the lawful operation of an animal enterprise or to damage, take, or cause the loss of any property owned by, used by, or in the possession of a lawful animal enterprise, is subject to an enhanced penalty. These penalties enhancements raise the level of the crime one degree (e.g., a class C misdemeanor becomes a class B misdemeanor and a class A misdemeanor becomes a third degree felony).
UT - Eggs - Chapter 4A. Confinement of Egg-Laying Hens U.C.A. 1953 §§ 4-4a-101 - 107 These Utah laws render the use of battery cages to house egg-laying hens unlawful in the state. Under these laws, egg-laying hens must be housed with a certain amount of usable space. Egg-laying hens must also be allowed to engage in natural behaviors, such as dust bathing. Certain exceptions apply, such as for veterinary care.
UT - Endangered Species - Chapter 20. Enforcement--Violations and Penalties U.C.A. 1953 § 23A-5-309 - 314 This Utah statute criminalizes the intentional or reckless abandonment of a carcass or killing of wildlife for pecuniary gain. The statute lists the restitution value of species protected under the code (bald eagles $1,000 and golden eagles $500). Further, the statute proscribes mandatory incarceration for felony convictions (aggregate value of species taken over $500) where the motive of the individual was pecuniary gain.

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