Statutes

Statute by categorysort descending Citation Summary
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. For more, see the Topical Introduction to the Lacey Act.

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 Mammal Protection Act - Table of Contents 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.  This document provides a table of contents for the Marine Mammal Protection Act (MMPA) with links to the specific statutory sections.

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. For more, see the Topical Introduction to the MBTA.

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).  For discussion of federal Eagle Act, see Detailed Discussion .

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.  For discussion of federal Eagle Act, see Detailed Discussion .

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. For more, see the Topical Introduction to Genetic Engineering and Animals.

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 - Poultry Products Inspection Act (PPIA) 21 U.S.C.A. § 451 - 472

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 § 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 - 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 § 62A-5b-101 - 107; § 41-6a-1007; § 18-1-3; § 76-9-307; § 78B-3-701 - 703; § 10-8-65; § 17-50-336

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; § 23-17-8 - 9; § 23-20-3; § 26-6-1 - 15; § 26-26-1 - 7; § 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 - Ecoterrorism - § 76-6-110. Offenses committed against animal enterprises--Definitions--Enhanced penalties U.C.A. 1953 § 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 - Endangered Species - Chapter 20. Enforcement--Violations and Penalties U.C.A. 1953 § 23-20-3 - 8 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.
UT - Equine Activity Liability - Part 2. Limitations on Liability for Equine and Livestock Activities U.C.A. 1953 § 78B-4-201 - 203

This Utah section states that it is presumed that participants in equine or livestock activities are aware of and understand that there are inherent risks associated with these activities.  Thus, an equine activity sponsor, equine professional, livestock activity sponsor, or livestock professional is not liable for an injury to or the death of a participant due to the inherent risks associated with these activities.  The section also requires an equine professional to give notice to participants of the limitation of liability, either by the posting of a sign or by the execution of a written release.

UT - Hunting - § 23-20-29. Interference with hunting prohibited--Action to recover damages--Exceptions U.C.A. 1953 § 23-20-29, 23-20-29.5

This section reflects Utah's hunter harassment provisions. A person is guilty of a class B misdemeanor who intentionally interferes with the right of a person, licensed and legally hunting, to take wildlife by driving, harassing, or intentionally disturbing any species of wildlife for the purpose of disrupting a legal hunt, trapping, or predator control. A person adversely affected, or the state, may bring a civil action for damages resulting from the violation or a seek a restraining order. This section does not apply to incidental interference with a hunt caused by lawful activities including, but not limited to, ranching, mining, and recreation.

UT - Hunting - § 23-20-4.5. Illegal taking, possession, or wanton destruction of protected wildlife U.C.A. 1953 § 23-20-4.5

This statute lists the restitution amounts for the illegal killing of certain species (including bald and golden eagles) of wildlife, with enhanced monetary penalties for "trophy" animals.   These funds are used in educational and wildlife enforcement activities by the state.  For discussion of federal Eagle Act, see Detailed Discussion .

UT - Impound - (Repealed) § 77-24-1.5. Safekeeping by officer pending disposition--Records required U.C.A. 1953 § 77-24-1.5 (§§ 77-24-1 to 77-24-5. Repealed by Laws 2013, c. 394, § 40, eff. July 1, 2013)

§§ 77-24-1 to 77-24-5. Repealed by Laws 2013, c. 394, § 40, eff. July 1, 2013 (Formerly: this Utah statute, amended in 2011, states that each peace officer shall hold all "property" in safe custody until it is received into evidence or disposed of as provided in this chapter. He or she must also maintain a record that identifies it. Note that the provisions related to specifically to animal impoundment/euthanasia were removed.)

UT - Impound - Chapter 46. Animal Welfare Act. Part 1. General Provisions U.C.A. 1953 § 11-46-101 - 103

Under this act, animal control officers must hold stray animals in safe and humane custody for a minimum of 5 business days prior to making any final disposition of the animal. A stray animal may be euthanized prior to the completion of the 5-day period to prevent unnecessary suffering due to serious injury or disease.

UT - Initiatives - Utah Supermajority for Hunting Initiatives, Proposition 5 (1998) Utah Supermajority for Hunting Initiatives, Proposition 5 (1998) (passed) Proposition 5 amends present provisions of the Utah Constitution regarding the power of the people of the state to initiate legislation and submit it to a vote of the people for approval or rejection by majority vote. This proposition requires a two-thirds vote in order to adopt by initiative a state law allowing, limiting, or prohibiting the taking of wildlife or the season for or method of taking wildlife. The measures passed with 56.1% of the vote.
UT - Invasive Species - Chapter 27. Aquatic Invasive Species Interdiction Act U.C.A. 1953 § 23-27-101 - 401

These statutes comprise the Utah Aquatic Invasive Species Interdiction Act. This Act makes it illegal to possess a Dreissena mussel, release one into a water body, or transport a conveyance or equipment that has been in an infested water without decontaminating it. A violation is an infraction, but a knowing or intentional violation is guilty of a class A misdemeanor.

UT - License - § 10-8-65. Dogs--License and tax--Destruction, sale or other disposal U.C.A. 1953 § 10-8-65

This Utah statute, under the chapter relating the general powers of all cities, provides that cities may license, tax, regulate or prohibit the keeping of dogs, and authorize the destruction, sale or other disposal of the same when at large contrary to ordinance.

UT - Lien - § 38-2-1. Lien on livestock--For feed and care U.C.A. 1953 § 38-2-1 Every ranchman, farmer, agistor, herder of cattle, tavern keeper or livery stable keeper to whom any domestic animals shall be entrusted for the purpose of feeding, herding or pasturing shall have a lien upon such animals for the amount that may be due him for such feeding, herding or pasturing, and is authorized to retain possession of such animals until such amount is paid.
UT - Livestock - § 76-6-111. Wanton destruction of livestock--Penalties--Seizure and disposition of property U.C.A. 1953 § 76-6-111

This Utah statute makes wanton destruction of livestock a crime. A person is guilty if that person intentionally or knowingly and without the permission of the owner injures, physically alters, releases, or causes the death of livestock. Wanton destruction of livestock is punishable as a misdemeanor or a felony, depending on the value of the livestock.

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