Trade

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Titlesort ascending Summary
ZUCHTVIEH-EXPORT GMBH v. STADT KEMPTEN: THE TENSION BETWEEN UNIFORM, CROSS-BORDER REGULATION AND TERRITORIAL SOVEREIGNTY In Zuchtvieh-Export GmbH v. Stadt Kempten, the European Court of Justice ruled that a European Council regulation that protects animal welfare during transport applies to the stages of a journey outside of the European Union (EU), if that journey commenced within the EU. This ruling by the European Court of Justice has been praised as it improves animal transport conditions outside of the EU. However, transport companies and governments outside of the EU are less welcoming of the ruling. The ruling highlights the difficulty in determining when and how such a regulation should be applied abroad. It also raises the broader question of striking a balance between efficient and uniform regulation across borders and maintaining territorial sovereignty. As a solution to the issues raised in Zuchtvieh-Export, this Comment suggests the use of bilateral international agreements, which would reduce conflict between nations by protecting territorial sovereignty.
Wildlife Protection Association of Australia Inc and Minister for Environment and Heritage and Australian Wildlife Protection Council Inc and Animals Australia and Flinders Council


The respondent Minister made declarations under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) that particular plans relating to Bennett's wallabies and Tasmanian pademelons were approved wildlife trade management plans. The applicant questioned whether the plans permitted the inhumane hunting of wallabies and treatment of joeys as well as the basis upon which the quotas were derived. The tribunal found both matters satisfactorily addressed though further monitoring measures were deemed to be prudent.
WI - Import - 95.20. Import and movement of animals Under this Wisconsin statute, the importation or movement of animals may be prohibited or regulated if it is necessary to prevent the introduction or spread of a disease that threatens the health of animals or of humans.
WA - Trade - 77.15.260. Unlawful trafficking in fish, shellfish, or wildlife--Penalty This Washington statute pertains to unlawful trafficking in fish, shellfish, and wildlife. A person is guilty of unlawful trafficking in the second degree if s/he traffics in such animals with a wholesale value of less than $250 and the animals are unclassified or classified as game, food fish, shellfish, game fish, or protected wildlife. Unlawful trafficking in the first degree occurs when the animals have a value of $250 or more or the animals are classified as endangered or deleterious exotic wildlife.
WA - Shark - 77.15.770. Unlawful trade in shark fins--Penalty Under this Washington statute, it is unlawful to trade in shark fins, with exceptions. A person is guilty in the second degree (gross misdemeanor) if s/he sells, purchases, or processes a shark fin for commercial purposes. A person is guilty of unlawful trade in shark fins in the first degree (class C felony) if the act involves shark fins with a total market value of $250 or more, or acted with knowledge that the shark fin originated from a shark that was illegally caught.
VT- Pet Sales - Rule 308 Part III Sale of Cat and Dogs These regulations detail the disclosures a pet dealer must make to a consumer at the time of sale of a cat or a dog pursuant to 20 V.S.A § 4302. According to the regulations, the consumer, at the time of sale, must be provided a copy of the Consumer Right-To-Know form, the Cat or Dog Request for Restitution form, the Consumer's Rights under 20 V.S.A. § 4302(a),(e) and § 4303, and the applicable state laws regarding rabies and licensing.
VT - Endangered wildlife - Chapter 124. Trade in Covered Animal Parts or Products This Vermont chapter, enacted in 2022, relates to the trade in certain animal products. Under the law, a person shall not purchase, sell, offer for sale, or possess with intent to sell any item that the person knows or should know is a covered animal part or product. A covered animal part includes certain big cat species, elephants, giraffes, hippopotamuses, mammoths, mastodons, pangolins, endangered rays, rhinoceroses, sea turtles, endangered sharks, certain whales, and certain ape species. Exceptions exist for activities authorized under federal law, parts with "antique status" as defined, among others. For a first offense, a person shall be assessed an administrative penalty of not more than $1,000.00 nor less than $400.00.
Vickers v. Egbert


A commercial fisherman brought a claim against the Florida Fish and Wildlife Conservation Commission alleging substantive due process violations.  The Florida Fish and Wildlife Conservation Commission instituted licensing requirements and restrictions on lobster trapping certificates in order to alleviate an overpopulation of lobster traps.  The court held in favor of the Florida Fish and Wildlife Conservation Commission, reasoning fishing was not a fundamental right.
UT - Agriculture - Title 4 Utah Agriculture Code The following statutes detail penalities for violating of the agricultural code. They also contain animal disease control provisions and detail the organization of the Department of Agriculture and Food.
US - Whales - Whaling Convention Act These federal statutes describe the Whaling Convention Act which granted authority to the Secretary of State and the Secretary of Commerce for regulation. The Act makes it unlawful for any person in the United States to engage in whaling, transporting, or selling any whale or whale products, that are taken or processed in violation of the Act. The Act also prohibits other unlawful conduct such as whaling without a license and failing to keep required returns, records, and reports. Finally, the Act provide penalties for violations including a fine of not more than $10,000, imprisonment of not more than one year, or both. In addition the court may prohibit such person from whaling for a period of time.

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