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Animal Underworld: Inside America's Black Market for Rare and Exotic Species |
This excerpt outlines the on-going debate related to canned hunts of captive exotic animals.
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Antle v. Commonwealth |
In this Virginia appellate case, the central animal law issue was whether the state’s endangered species statute, Code § 29.1-564, which explicitly prohibits the “sale” or “offer for sale” of protected wildlife like lion cubs, also implicitly prohibits the “purchase” or “offer to purchase” of such animals. The court held that because penal statutes must be strictly construed against the state, the legislature’s intentional omission of the word “purchase” from § 29.1-564 means that purchasing lion cubs is not a criminal offense under that section, even though the related penalty statute (§ 29.1-567) references “purchasing.” Consequently, the defendant’s convictions for purchasing lion cubs were reversed, as his conduct was not prohibited by the plain language of the law. Regarding the conspiracy convictions, the court found that they were impermissibly based in part on an agreement to engage in the legal act of purchasing, requiring reversal of those convictions as well. The court affirmed in part (reversal of purchasing convictions), reversed in part (affirmance of conspiracy convictions), reversed the challenged convictions, and dismissed the underlying indictments. |
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AR - Exotic Pets - Subchapter 4. Ownership and Breeding of Wolves and Wolf-Dog Hybrids |
This chapter of Arkansas laws concerns the regulation of wolves and wolf-dog hybrids kept as companion animals. Under the law, a "wolf-dog hybrid” means any animal which is publicly acknowledged by its owner as being the offspring of a wolf and domestic dog; however, no animal may be judged to be a wolf or wolf-dog hybrid based strictly on its appearance. The specific rabies vaccination requirements for wolf-dog hybrids are detailed as well as confinement requirements (i.e, specific fence dimensions). If a wolf or wolf-dog hybrid bites a person or injures or destroys another animal while out of its confined area, the person responsible for the adequate confinement of the animal upon conviction shall be guilty of a Class A misdemeanor. |
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AR - Exotic Pets, Large Carnivores - Subchapter 5. Ownership and Possession of Large Carnivores |
This Arkansas subchapter concerns the ownership and possession of large carnivores. Under the law, a large carnivore is defined as a bear, lion, or tiger. A person may possess a large carnivore only if he or she was in possession of the large carnivore on or before August 12, 2005 and the person applies for and is granted a permit for personal possession for each large carnivore not more than one hundred eighty (180) days after August 12, 2005. Except for these "grandfathered" possessors and other entities (zoos, USDA permittees, veterinary hospitals, etc.) it is illegal for anyone to own, possess, breed, or transfer ownership of a large carnivore.< |
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AR - Health - 125.00.12. Arkansas Health Requirements Governing the Entry of Livestock, Poultry, and Exotic Animals |
Under Section 125.00.12, it is illegal to import any animal that is affected with, or has been recently exposed to, any infectious or communicable disease. An entry permit from the Livestock and Poultry Commission and certificate of veterinary health is required to import all zoo, wild, and/or exotic animals. Prior to entry the agency requires certain disease tests appropriate to the species at issue. |
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AR - Primates - Subchapter 6. Nonhuman Primates |
This 2013 Act prohibits the importing, possession, selling, or breeding of apes, baboons, and macques. It is unlawful under the act for a person to allow a member of the public to come into direct contact with a primate. Further, a person cannot tether a primate outdoors or allow a primate to run at-large. The section does not apply to accredited AZA institutions, AWA regulated research facilities, wildlife sanctuaries, temporary holding facilities, licensed veterinarians providing treatment, law enforcement officers, circuses holding AWA Class C licenses as provided, and those temporarily in the state. The act has a grandfathering provision that allows a person at least 18 years of age to continue to possess the restricted primate if within 180 days after the effective date of the act the person registers the animal per § 20-19-605 and follows other listed requirements. |
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ARFF, Inc. v. Siegel |
Resort developer and president of an animal performance company received an injunction against an animal rights group limiting their ability to both picket the resort and distribute pamphlets claiming that the big cats were abused. Appellate court reversed, finding that the picketing regulations burdened more speech than necessary and that the restriction on distributing pamphlets was a prior restraint not justified by a compelling state interest.
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AZ - Exotic Wildlife - Article 4. Live Wildlife |
These Arizona regulations define “captive live wildlife” as live wildlife that is held in captivity, physically restrained, confined, impaired, or deterred to prevent it from escaping to the wild or moving freely in the wild. The regulations provides that no individual shall import or export any live wildlife into or out of the state. An individual may take wildlife from the wild alive under a valid Arizona hunting or fishing license only if there is a Commission Order that prescribes a live bag and possession limit for that wildlife and the individual possesses the appropriate license. However, no person may possess restricted live wildlife without a valid permit. The statute also provides a comprehensive list of all mammals that are considered restricted live wildlife. An individual who holds a special license listed in R12-4-409(A) shall keep all wildlife in a facility according to the captivity standards prescribed under R12-4-428 or as otherwise required under this Article. A special license holder subject to the provisions of this Section shall comply with the minimum standards for humane treatment prescribed by this Section. |
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AZ - Phoenix - Chapter 8 - ANIMALS. |
The following comprises Phoenix, Arizona's animal-related ordinances. Topics include the keeping of reptiles or wild animals, vicious animal provisions, and sections addressing animal cruelty. An entire article (Article IV) deals with the confinement of animals in motor vehicles.
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Barnes v. City of Anderson |
Virginia Barnes and Jan Swearingen appealed a trial court's decision in favor of the City of Anderson, Ind., granting a permanent injunction enjoining the women from keeping and maintaining Swearingen's pet Vietnamese pot-belly pig, Sassy, and ordering Sassy's removal from the residence. Appeals Court found for pig owner, holding that the phrase "raising or breeding" in an Anderson livestock ordinance refers to a commercial enterprise and not to the keeping of pigs as pets.
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