|
Overview of Elephants and the Ivory Trade |
This paper gives an overview of issues surrounding the global ivory trade and its effect on elephant populations. It touches upon the historical development of ivory demand as well as the relationship between elephants and ivory. The paper then looks at poaching rates over time and the poaching industry generally as well as the two competing approaches to elephant conservation. Finally, laws and policies supporting elephant conservation are discussed. |
|
Overview of Laws Governing Kangaroo Culling in Australia |
This article provides an overview of the laws governing kangaroo culling in Australia. There are two codes that apply on a National level, one for killing kangaroos for commercial purposes, and the other for non-commercial purposes. This overview provides an introduction to the topic and outlines the main shortcomings of the legislation.
|
|
Overview of Whaling |
In 2010, Australia sued Japan at the International Court of Justice in an effort to force Japan to end its whaling program in the Antarctic. Though commercial whaling was banned in the 1980s, Japan claimed that its program was for scientific purposes and therefore legal. The ICJ sided with Australia, but its ruling left open the possibility that Japan could resume whaling in the future. |
|
Overview of Wildlife Services |
This overview describes the role and function of Wildlife Services within the USDA. It briefly outlines the creation of the agency as the body that administers the Animal Damage Act of 1931. The document then outlines the methods of control of livestock, including lethal and non-lethal methods. Concern over two particular methods of wildlife control - "denning" and use of M-44 cyanide capsules - are included and how animal welfare organizations have responded to the controversy. Finally, the paper concludes with a description of the progress several counties in California have made to control damage by wildlife without resorting to WS policy and control methods. |
|
PA - Permits - Chapter 29. Special Licenses and Permits. Subchapter A. General Provisions. |
This chapter of Pennsylvania laws allows the commission to issue permits to take wildlife. Among the permit categories include endangered or threatened species permits, wildlife menagerie, wildlife (exotic) dealer, and wildlife (exotic) possession permits. It is unlawful to exercise any of the privileges granted by a permit issued under this title without first securing the required permit. |
|
Pedersen v. Benson |
In the matter of
Pedersen v. Benson
, an importer had a permit to import five giraffes from Kenya, three of which were sold and released to public zoos after the requisite quarantine period. The other two were bought by ‘Africa USA,’ but not released. One of them had a heart attack and died. Plaintiff’s filed suit to have the other one they purchased released. The permits, issued by APHIS, were issued under the further understanding that all the giraffes would be consigned to an approved zoological park (Africa USA is a privately-owned zoo). The Court found no basis to uphold the government’s claim that a government officer may impose an ad hoc system of licensure upon any citizen, or upon any one group, i.e. private zoos, as opposed to another. Here, the importation was specifically permitted for all five animals, and any one animal was just as much a potential carrier of hoof and mouth disease as this particular giraffe. Therefore, this matter was dismissed for failure to state a cognizable claim.
|
|
Peru - Biodiversity - Resolución Legislativa 26181, 1992 |
|
|
Peru - Wildlife - LEY 9147, 1949 |
|
|
Proceso No. 15111-2014-0152 Jaguar Killing , 2015 - Ecuador |
This case regards a defendant who shot and killed a jaguar, which was an endangered species, allegedly in the name of defense and necessity. The plaintiff argued that the defendant did not require defense or true necessity, that he had to prove that he did not kill the jaguar, and that in circumstances of uncertainty, the court should hold in favor of nature (in dubio pro natura). The defendant was not a hunter and was not actively hunting the jaguar. Ecuadorian environmental law states that anyone who “hunts” a legally protected species will be punished with incarceration. The court discussed concepts of Ecuadorian constitutional law, rights of nature, and the juxtaposition of human beings working within the habitats of wild, and potentially predatory, animals. After a detailed discussion, the court accepted the appeal and unanimously agreed to punish the defendant with six months' prison time.
|
|
Proceso No. 15111-2014-0152 matanza de un jaguar, 2015 - Ecuador |
Este caso se refiere a un acusado que disparó y mató a un jaguar, que era una especie en peligro de extinción, supuestamente en defensa propia y por necesidad. El demandante alegó que el demandado no requería defensa propia o verdadera necesidad, que tenía que probar que no había matado al jaguar y que, en circunstancias de incertidumbre, el tribunal debía fallar a favor de la naturaleza (in dubio pro natura). El acusado no era cazador y no estaba cazando activamente al jaguar. La legislación medioambiental ecuatoriana establece que cualquier persona que "cace" una especie legalmente protegida será castigada con penas de prisión. El tribunal debatió conceptos del derecho constitucional ecuatoriano, los derechos de la naturaleza y la yuxtaposición de seres humanos que trabajan en el hábitat de animales salvajes y potencialmente depredadores. Tras un debate detallado, el tribunal aceptó el recurso y acordó por unanimidad castigar al acusado con seis meses de prisión. |
