Primate Issues
Displaying 61 - 70 of 82
Title |
Summary |
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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. |
| 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. |
| Overview of Laws Affecting Chimpanzees |
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| People ex rel. Nonhuman Rights Project, Inc. v. Lavery | This case is an appeal from a Supreme Court judgment denying petitioner's application for an order to show cause to commence a CPLR article 70 proceeding. At issue is the legal status of a chimpanzee named Tommy who is being kept on respondents' property. Petitioners filed a habeas corpus proceeding pursuant to CPLR article 70 on the ground that Tommy was being unlawfully detained by respondents. They offered support via affidavits of experts that chimpanzee have the requisite characteristics sufficient for a court to consider them "persons" to obtain personal autonomy and freedom from unlawful detention. The Court of Appeals here is presented with the novel question on whether a chimpanzee is a legal person entitled to the rights and protections afforded by the writ of habeas corpus. In rejecting this designation, the Court relied on the fact that chimpanzees cannot bear any legal responsibilities or social duties. As such, the Court found it "inappropriate to confer upon chimpanzees the legal rights . . . that have been afforded to human beings." |
| Robledo, Leandro Nicolás y otros s/ resistencia o desobediencia a la autoridad | |
| Sarah, Keeli, Ivy, Sheba, Darrell, Harper, Emma, Rain, Ulysses, Henry Melvyn Richardson, Stephany Harris, and Klaree Boose, plai |
In this case, plaintiffs are non-human primates and humans interested in their welfare. The primates were formerly part of a research program run at Ohio State University for cognition research (the OSU Chimpanzee Cognition Center). After funding ran out, OSU sold the chimpanzees to Primarily Primates Inc. (“PPI”), who held themselves out to be non-profit that acts a sanctuary for retiring animals. However, plaintiffs allege that the conditions in which the chimpanzees were housed were inadequate and proper care was not provided to the primates (several of the animals died in transit and at the facility). Plaintiffs sued for breach of contract or, in the alternative, a declaratory judgment that would transfer the animals to a new sanctuary because defendants’ actions are unlawful under Texas laws. Plaintiffs also sought a temporary restraining order that would allow a team of independent caretakers and veterinarians to assess the current conditions at PPI and prevent them from accepting any new primates, among other things. |
| SC - Exotic pets - Chapter 2. Large Wild Cats, Non-Native Bears and Great Apes | This South Carolina chapter, effective January 1, 2018, makes it unlawful for a person to possess, keep, purchase, have custody or control of, breed, or sell within this State a large wild cat, non-native bear, or great ape, including transactions conducted via the Internet. A person in possession of such animal before January 1, 2018 who is the legal possessor of the animal may keep possession if he or she complies with seven conditions listed under Section 47-2-30. Authorities may confiscate large wild cats, non-native bears, or great apes held in violation of this chapter. Cities or counties may also adopt more restrictive ordinances than this chapter. A person who violates this chapter must be fined not more than $1,000 or imprisoned for not more than 30 days for a first offense, and must be fined not more than $5,000 or imprisoned for not more than 90 days for a second offense. Exempted entities include certain non-profit animal protection organizations, university research labs holding Class R registration under the AWA, any person who possesses a valid USDA Class A, B, or C license in good standing, and circuses that are incorporated and hold a Class C license under the AWA that are temporarily in this State, among others. |
| Sentencia 25000-23-24-000-2011-00227-01(AP) |
Update: on December 12, 2014, the State Council's Fourth Chamber invalidated the Third Chamber's decision by revoking defendant's license to capture monkeys on the Amazon. This decision resulted from a "Tutela" filed by the defendants arguing procedural and substantive errors. In its decision, State Council stated that the Third Chamber, Subsection C, had violated the fundamental rights to due process and scientific investigation. Therefore, defendants are allowed to hunt and capture night monkeys in the Amazon so long as they meet the requirements and conditions for granting such licenses established in Resolutions 028 of May 13, 2010, and 0632 of June 29, 2919. This case concerns the monkeys used in scientific research in the Colombian Amazon to create a malaria vaccine. In 2012, plaintiff, a primatologist, raised before the Administrative Tribunal in Cundinamarca a series of irregularities incurred by the defendant in the capture and treatment of night monkeys (Aotus vociferans). Through a popular action (A constitutional mechanism to protect collective rights), the plaintiff argued that the defendants were violating collective rights such as administrative morality, the existence of ecological balance and the management and rational use of natural resources, and public safety and health. The defendant, "Fundación Instituto de Inmunología de Colombia" (FIDIC), is a scientific institution dedicated to research and scientific study for creating and developing chemically synthesized vaccines. Manuel Elkin Patarroyo, the Director, is a renowned Colombian scientist and the creator of the first vaccine against malaria accepted by the World Health Organisation (WHO). Patarroyo had a license to hunt and capture 800 primates of this species per year for his research against malaria. In her complaint, plaintiff alleged that Patarroyo was illegally trafficking monkeys from Brazil and Peru to Colombian territory, as there was evidence that they were using monkeys from across the border with these countries without complying with legal importation requirements. Furthermore, the plaintiff argued that the defendant was experimenting on monkeys of a different species (Aotus nancymaae) found in Peru and Brazil, for which they did not have the corresponding license. Plaintiff also alleged that specimens of both species were acquired by paying members of native indigenous groups, who captured the animals without permit or supervision from respective authorities. In addition, the plaintiff alleged that governmental authorities did not perform inspections, and there were no records of how many specimens were being used and how they were being treated. Finally, the plaintiff alleged that the defendants released surviving monkeys infected with malaria back into the wild once they were of no use to the laboratory, ignoring the risks that this posed to the ecosystem and indigenous communities. The Administrative Tribunal in Cundinamarca ruled in favor of the plaintiff, revoking the defendant's permit to capture monkeys in the Amazon. Defendants appealed the decision before the Third Chamber of the State Council, which affirmed the revocation of the license. The State Council stated that the defendants had violated the collective rights and affirmed the license revocation to protect the collective rights of wild animals, particularly of the Aotus Vociferans monkeys. This ruling suspended the investigations and ordered disciplinary investigations against the governmental authorities that issued the license. In affirming the tribunal's decision, the court stated: "To the Colombian legislator, animals and plant species (for example, forests, the Amazon, páramos, water sources, resources, etc.) are subject to rights. Therefore, through popular action, any person can request their protection by acting as an unofficial agent of these entities without it being possible to acknowledge that it is a collective-subjective right belonging to society. On the contrary, it is about the express recognition by the Constitution and the Colombian legislator of attributing value in themselves to animals and plant species, for which, in each specific case, the judge must make a judgment by weighting competing interests" (...) "humans can use animals for survival, company, research, work, or recreational activities, but without violating the rights that assist them." |
| Sentencia T-146/16 | |
| Table of State Great Ape Possession Laws |