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OR - Primates - 603-011-0381 Importation of Nonhuman Primates |
This Oregon regulation provides that no person shall ship, move, or import into this state any nonhuman primates (including, but not limited to, monkeys, baboons, gibbons, chimpanzees, and marmosets) without first obtaining a permit from the Department. Further, all nonhuman primates shipped, moved, or imported into this state shall also be accompanied by an official health certificate certifying that said animals are free from the following human pathogenic agents. |
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New England Anti-Vivisection Society v. United States Fish and Wildlife Service and Yerkes National Primate Research Center |
New England Anti-Vivisection Society (NEAVS), a non-profit organization that dedicates itself to animal-welfare, brought suit against the United States Fish and Wildlife Service (FWS) for issuing an export permit to Yerkes National Primate Research Center (Yerkes). NEAVS filed suit against FWS arguing that FWS had violated the Endangered Species Act, the Administrative Procedure Act, the National Environmental Policy Act, and the Convention on International Trade in Endangered Species. NEAVS argued that FWS had violated the acts by allowing Yerkes to export chimpanzees in exchange for making a financial donation that would be put towards a program to help with “habitat destruction and disease, which face wild chimpanzees in East Africa.” The court reviewed the case and determined that it did not have subject-matter jurisdiction to address the claims made by NEAVS. The court found that NEAVS was not able to establish standing under Article III of the Constitution because NEAVS had not “suffered an injury in fact.” Ultimately, the court held that NEAVS was unable to show that it had a “concrete and particularized injury in fact that is actual or imminent” and that is “traceable” to FWS’ actions. As a result, the court granted summary judgment in favor of FWS. |
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Marino v. University of Florida |
The petitioner in this Florida case sought records for 33 non-human primates whose captivity was documented by a USDA report. The University of Florida redacted certain portions of the records to obscure the physical housing location of the primates. The University contends that the information was confidential and exempt under Florida law as part of its "Security Plan." On appeal, this court first noted that under the Florida Public Records Act, all public documents are subject to public disclosure unless specifically legislatively exempted without considering public policy questions. The court reversed and remanded the case with instructions to release the records without redaction.
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LA - Captive Wildlife - §115. Possession of Potentially Dangerous Wild Quadrupeds and Non-Human Primates |
This Louisiana regulation states that the possession of certain potentially dangerous quadrupeds, big exotic cats, and non-human primates poses significant hazards to public safety and health, is detrimental to the welfare of the animals, and may have negative impacts on conservation and recovery of some threatened and endangered species. As a result, except as provided, it is unlawful to import into, possess, purchase or sell within the state of Louisiana, by any means whatsoever including but not limited to transactions conducted via the internet, any of the following species: cougar or mountain lion (Felis concolor); black bear (Ursus americanus); grizzly bear (Ursus arctos); polar bear (Ursus maritimus); red wolf (Canis rufus); gray wolf (Canis lupus); wolf dog hybrid (Canis lupus or Canis rufus x Canis familiarus); all non-human primates. While the prohibition against wolf-dog hybrids expired January 1, 1997, the regulation cautions persons that local ordinances or other state regulations may prohibit possession of these animals. |
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KS - Exotic Pets - 115-20-3 Exotic Wildlife; Possession, Sale and Requirements. |
This regulation covers the importation, possession, and sale of exotic wildlife. |
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In Defense of Animals v. Oregon Health Sciences University |
A nonprofit corporation petitioned the trial court for injunctive and declaratory relief regarding fees charged by a state university primate research center for document inspection. The circuit court dismissed the action with prejudice, reasoning it lacked subject matter jurisdiction over the fee issue and, assuming jurisdiction existed, the fees were in compliance with law. The Court of Appeals reversed and remanded, holding the circuit court had jurisdiction to review the basis, reasonableness and amount of fees charged by the university.
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In Defense of Animals v. National Institutes of Health |
This FOIA case was brought against the National Institutes of Health ("NIH") by In Defense of Animals (“IDA”) seeking information related to approximately 260 chimpanzees located as the Alamogordo Primate Facility (“APF”) in New Mexico. Before the court now is NIH's Motion for Partial Reconsideration as to the release of records. This Court rejected NIH’s arguments that the records are not “agency records” because they belong to NIH's contractor, Charles River Laboratories, Inc. (“CRL”), a publicly held animal research company. Also, the Court was equally unconvinced that the information requested here is “essentially a blueprint of the APF facility,” and that release of such information presents a security risk to the facility.
This Order was Superseded by
In Defense of Animals v. National Institutes of Health
, 543 F.Supp.2d 70 (D.D.C., 2008).
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IN - Exotic Pets - Article 9. Fish and Wildlife. Rule 3. Mammals. 312 IAC 9-3-18.5 Exotic mammals. |
This regulation lists certain exotic mammals that may not be taken (harmed, harassed, or killed) and establishes restrictions on the possession and sale of those exotic mammals. |
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Habeas Corpus para Chimpanzé - Íntegra (portuguese) |
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Great Apes and Chimpanzees |
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