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Detailed Discussion of Exotic Pet Laws Update |
First, this paper details the various policy concerns that private exotic animal ownership presents to the public, the animals, and the environment. Next, this paper briefly lays out the few federal laws that apply and the effects they have on private exotic animal ownership. State laws are then analyzed under four regulatory schemes: bans on private wildlife possession, partial bans on certain wild or exotic animals, a licensing scheme for owning exotic or wild animals, and states with miscellaneous or no regulations, including an analysis of states that ban or regulate hybrids of domestic and exotic or wild animals. Then, a few local regulations are discussed, followed by the way these laws and regulations are enforced. Finally, trends over the last decade are discussed along with conclusions and possible recommendations for comprehensive protection. |
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Detailed Discussion of International Trade in Wild-Caught Reptiles |
The international trade in wild-caught reptiles has been cause for increasing concern, especially over the last few years. Federal, state and foreign laws are seemingly broken everyday as hundreds of thousands of reptiles are imported and exported each, mostly for the pet trade. In addition to depleting our natural resources and threatening many species with extinction, the reptiles are treated inhumanely and can even pose a health risk to people and the environment.
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Detailed Discussion of Texas Animal Cruelty Laws |
This article provides an in-depth look at the intricacies of Texas animal cruelty laws. Both the criminal and civil statutes are discussed, as is relevant case law. Additionally, this article introduces a new Texas law governing the keeping of dangerous wild animals.
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Detailed Discussion of the Exotic Pet Trade |
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Detailed Discussion of Wildlife Rehabilitation Laws |
This paper introduces the role of a wildlife rehabilitator, including the goals of rehabilitation. Section III discusses the permit and licensing requirements of wildlife rehabilitators, including demonstrating competency, preparedness, continuing education requirements, and permit renewals; Section IV addresses facility adequacy and standards of care. Section V discusses the types of wildlife which may be rehabilitated and procedures for non-rehabitable or non-releasable wildlife. Section VI addresses other compliance considerations which are unique to some of the nine states studied. Section VII discusses the non-permit related legal issues that affect wildlife rehabilitators.
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Ethical Management of Invasive Species The Burmese Python |
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Evelyn Alexander Wildlife Rescue Ctr. Inc. v. New York State Dep't of Envtl. Conservation |
Petitioners, licensed wildlife rehabilitators with New York Wildlife Rehabilitation Licenses (WRL), challenged two statewide modifications to the WRL pertaining to white-tailed deer, which became effective in 2016. Petitioners contend these actions violated the state Administrative Procedures Act (SAPA). Additionally, they argue the modifications were irrational, arbitrary, capricious, and an abuse of discretion, and WRLs were improperly modified without a prior State Environmental Quality Review Act (SEQRA). The first modification limits the time white-tailed fawns can be held for rehabilitation to a period of only April 15 to September 15 (absent prior written approval). The second modification limits the maximum holding period for an adult white-tailed deer (before release or euthanization) to 48-hours. This court did not find either modification was arbitrary, capricious, or an abuse of discretion. In response to the challenges, the state, through a wildlife biologist, contends they are intended to prevent habituation and the spread of chronic wasting disease (CWD). The explanatory statements provided for the modifications support reasonable and rational interpretations of rehabilitation and do not violate the SAPA. The September 15th cut-off day for fawns was based on scientific research conducted by the state's "Big Game Team" that sought to address issues of disease as well as "a documented pattern of licensed wildlife rehabilitators in New York who have been reluctant to either euthanize or release white-tailed deer." As to the modification for adult deer, there was a rational basis since that time period allows the care of a temporarily stunned deer in need of a short rehabilitation period balanced against disease and habituation concerns. The court also found that the issuance of WRL is a ministerial action exemption from environmental review under SEQRA. The petitions in this consolidated action were denied in their entirety and the proceeding dismissed. |
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Eyrich v. Earl |
In this New York, the neighbors of a five-year-old child who was mauled to death by a leopard that was at a circus held on school property filed suit against the operators of the circus seeking compensation for emotional damages. On defendants' appeal, this court held that defendants were strictly liable to plaintiffs. The court first began with the proposition that wild animals are presumed to have a dangerous propensity and the keepers of such have been held strictly liable. Using a products liability analogy, the court found that as a matter of public policy, it would be 'unthinkable' to refuse to insulate individuals who put a defective car on the road and 'then tell one injured by a wild beast that he has no claim against those who put that beast on the road.' The judgment was affirmed.
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Feral Cat Colonies in Florida: The Fur and Feathers are Flying |
An enormous and growing population of free-roaming cats exists in Florida, posing a threat to the state's native animal species, and creating a serious public health concern. Proponents of trap-neuter-release (TNR) and maintenance of cat colonies have been pressing local governments to enact ordinances to permit establishment and registration of cat colonies in local jurisdictions. But TNR and managing large numbers of cats in colonies does not effectively control cat overpopulation. Additionally, federal and state wildlife laws designed to protect endangered and threatened species conflict with the practice of releasing non-indigenous predators into the wild. An intense public education campaign, together with licensing incentives, animal control laws that enforce high penalties against violators, and other methods of reducing the flow of non-indigenous species into the wild, are essential components to a long-term solution to pet over-population in general, and particularly to cat over-population and the resulting predation on wildlife.
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FL - Endangered - Endangered and Threatened Species Act |
These Florida statutes define endangered and threatened species and provide the State's intent to protect these species. Under statute, the intentional killing or wounding of a listed species incurs a third degree felony. Interestingly, the state has a reward program for the arrest and conviction of those who violate state endangered species laws. |
