Fur or Trapping

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Titlesort ascending Summary
ID - Predators - Chapter 11. Protection of Animals and Birds This Idaho chapter deals with restrictions on the taking of wildlife, protection of wildlife, and control of predators. Migratory birds are protected under the chapter. The chapter also establishes the right of any person to control, trap, or remove any wild animal damaging private property, within limitations set forth. In particular, the chapter states that wolves may be disposed of by livestock or domestic animal owners, their employees, agents and animal damage control personnel when the same are molesting or attacking livestock or domestic animals and it shall not be necessary to obtain any permit from the department. The section also sets up procedures for damage caused by game animals such as deer and elk as well as predators like black bears, grizzly bears, and mountain lions.
ID - Fur - Chapter 30. Fur Farms In Idaho, fur farming is again defined as an agricultural pursuit, and the animals are considered to be livestock for purposes of Chapter 25. Idaho gives its Animal Industries Division the right to inspect fur farms at any time. Violation of any of the statutory provisions or associated regulations incurs a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) for each offense.
IA - Hunting, interference - 481A.125. Intentional interference with lawful hunting, fishing, or fur-harvesting This law reflects Iowa's hunter harassment provision. Under the law, a person interferes with hunting, fish, or fur-harvesting activities when he or she: intentionally places him or herself in a location where his or her presence affects the behavior of the game thereby affecting the feasibility of taking the animal; intentionally creates a visual, aural, olfactory, or physical stimulus for the purpose of affecting the behavior of the animal to harass or obstruct the hunter; or alters the condition or placement of the hunter's personal property to obstruct that person. A first offense is a simple misdemeanor; a second or subsequent offense is a serious misdemeanor.
IA - Fur, traps - Chapter 481A. Wildlife Conservation. A person cannot use colony traps for fur-bearing animals except for muskrats. Traps must be labeled with the user's name and address, and must be checked at least once every twenty-four hours, unless completely submerged under water. A person cannot use instruments such as chemicals or explosives to remove fur-bearing animals from their dens.
Guardians v. United States Fish & Wildlife Service Plaintiffs sued the United States Fish and Wildlife Service and its related entities on the grounds that they failed to comply with environmental and regulatory procedures in the administration and implementation of a federal export program that allows certain animal pelts and parts to be exported from the United States pursuant to the Convention on International Trade in Endangered Species (“CITES”). Defendant-Intervenors intervened, and now seek to dismiss this action pursuant to Rules 12(b)(7) and 19 of the Federal Rules of Civil Procedure on the grounds that the Plaintiffs have not joined and cannot join as indispensable parties certain states and Native American tribes. The court held that because the states and tribes are not “required” under Rule 19(a), dismissal is not appropriate. Accordingly, the court ordered that that Defendant-Intervenors' motion be DENIED.
GA - Fur - Article 2. Trapping, Trappers, and Fur Dealers Under these GA statutes, trappers and fur-dealers must be licensed. Trapping of fur-bearing animals is allowed during open trapping season. Traps must be inspected at least once every 24 hours. Trappers must dispatch fur-bearing animals caught in a trap and release domestic animals. It is legal to set traps to protect livestock and domestic animals from predators, but unlawful to trap upon the right of way of any public road or upon another's land. A violation of these statutes is a misdemeanor.
Fur Production and Fur Laws
Flathead-Lolo-Bitterroot Citizen Task Force v. Montana This case was brought by several environmental organizations against the Montana Fish and Wildlife Commission to challenge the approval or regulations that authorize the trapping and snaring of wolves within grizzly bear habitat in Montana. The grizzly bear is listed as threatened under the Endangered Species Act (ESA), and the Montana trapping regulations allow wolf hunters to use foothold traps large enough to capture grizzly bears. Grizzly bears rely heavily on their front and back paws to hunt for food, so crippling their limbs with these traps will lead to the incidental killing of grizzly bears from starvation. Plaintiffs contend that allowing the trapping of wolves in grizzly bear territory is in violation of § 9 of the ESA, as it will lead to the incidental unlawful taking of grizzly bears. Plaintiffs sought a preliminary injunction to enjoin the start of the wolf trapping season, raised questions on the merits, and established a reasonable threat of harm to grizzly bears if the trapping and snaring of wolves is allowed in their habitat. On the merits of the claim, although defendants could prove that no grizzly bears had been killed with such traps in Montana for several years, the court found that plaintiffs succeeded on the merits as there was evidence of grizzly bears being killed by such traps in adjacent states. Plaintiffs also showed that there was a likelihood of harm to grizzly bears, with evidence that these traps will lead to the death of grizzly bears. The court granted plaintiff’s motion for preliminary injunction in part and denied in part, and enjoined the Montana Fish and Wildlife Commission from authorizing wolf trapping and snaring.
FL - Fur - Sale of garments or items of clothing containing dog or cat fur prohibited; Makes it illegal for a person to knowingly sell or offer to sell a garment which contains dog or cat fur, or a dog or cat pelt. Defines the first violation of this provision as a misdemeanor of the first degree, and any subsequent violations as felonies of the third degree. Allows any law enforcement agency or humane officer to enforce this provision and to seek a civil penalty up to $5,000 for each violation.
Eureka Township v. Petter In this case, the Township brought action against property owners to enjoin the owners from possessing exotic animals on the property, operating an animal exhibition on the property, and operating a business pelting exotic animals on the property. The District Court invalidated the township's exotic animal ordinance as conflicting with state statute, determined that an animal exhibition was not a permissible use under the township's zoning ordinance, and permanently enjoined the owners from operating an animal exhibition and conducting any retail sales, except for horticultural products produced on the property. This court held that the exotic animals ordinance did not conflict with state statute nor was it preempted. Further, this court held that the property owners' grandfathered possession and exhibition of exotic animals was limited to one wolf; animal control officer exception to exotic animal possession was limited to temporary possession of exotic animals in conjunction with owner's work as an animal control officer; township was not estopped from enforcing its exotic animal ordinance; and interpreting zoning ordinance's language to require sale of horticultural products from the land itself was not inherently unreasonable. Affirmed in part, reversed in part, and remanded; motion dismissed.

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