Trade
Displaying 61 - 70 of 165
Title |
Summary |
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| HI - Wildlife - Chapter 183D. Wildlife. | These statutes comprise Hawaii's wildlife provisions. |
| IL - Exotic pets - Act 68. Herptiles-Herps Act | Under the Herptiles-Herps Act reptiles and amphibians are exempt from the definition of “aquatic life” under the Fish and Aquatic Life Code. All rules and enforcement actions under the Illinois Conservation Law and the dangerous animals statutes related to reptiles and amphibians are now covered exclusively by this Act. |
| INTERNATIONAL CONVENTION FOR THE REGULATION OF WHALING |
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| Ivory Education Institute v. Department of Fish and Wildlife | The Legislature passed Assembly Bill 96 which took effect July 1, 2016 as Fish & Game Code section 2022. The bill imposed new restrictions on the sale and importation of ivory and rhinoceros horn. The Ivory Education (the Institute) sued the California Department of Fish and Wildlife (the Department) in order to block implementation of the law. The institute alleged that the statute was unconstitutional on multiple grounds including vagueness, federal preemption, the takings clause, and the commerce clause. The trial court entered judgment for the Department and the intervenor defendants (the Natural Resources Defense Council, the Center for Biological Diversity, the Humane Society of the United States, the International Fund for Animal Welfare, and the Wildlife Conservation Society). The Institute appealed and abandoned all other issues raised and limited its challenge to the void-for-vagueness doctrine. "The Institute contend[ed] that section 2022 [was] unconstitutionally vague for two reasons: 1) while it allows for the sale or import of ivory insofar as it is allowed by federal law, differences in what federal law allows make it nearly impossible to tell what would qualify for the exemption provided by section 2022(c)(c); and 2) there are no guidelines by which to determine the permissible volume of ivory in either musical instruments or antiques." The Court of Appeals stated that a statute is not vague if its meaning can be determined by looking at other sources of information. Those who wish to comply with section 2022 have a duty to locate and examine statutes or whatever else necessary to determine the scope of the exemption provision. "Section 2022 has a single purpose—to prevent the sale or importation of ivory and rhinoceros horn. Both of those terms are defined. The Institute has 'not demonstrated that attempts to give substance and meaning' to the three disputed exceptions 'would be fruitless.'" As for the Institute's second contention, the Court of Appeals stated that because musical instruments and antiques are tangible objects that occupy a verifiable amount of three-dimensional space, the percentage of any such object that has ivory in it can be readily determined. The Court of Appeals held that the statute was not vague. The Court affirmed the holding of the trial court. |
| KS - Wildlife Possession - Chapter 32. Wildlife, Parks and Recreation. | Knowingly capturing, killing, or possessing for profit, or selling, bartering, purchasing or offering to do so as well as the shipping or transportation of wildlife constitutes the commercialization of wildlife. The possession of listed wildlife for commercial purposes is considered a "nonperson" misdemeanor or felony depending on whether the aggregate value is greater than $1000. Commerce in protected wildlife (including eagles) incurs at least the minimum fine and may also result in the confiscation of equipment, license sanctions, and restitution. |
| KY - Trade - Buying and selling protected wildlife | These statutes relate to trade in wildlife. The first statute prohibits the trade in protected wildlife. The next law prohibits the hunting of bears. Finally, the Kentucky statute providing punishment for violation of aforementioned statutes is provided. |
| Legal Trade in African Elephant Ivory: Buy Ivory to Save the Elephant? | |
| Los Altos Boots v. Bonta | This unpublished California case considers the application of the recently amended statute (Penal Code section 653o), which makes it "unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of an iguana, skink, caiman, hippopotamus, or a Teju, Ring, or Nile lizard" beginning January 1, 2022. The instant case concerns the importation of some caiman products. The businesses bringing the suit seek the enjoin the caiman prohibition while the lawsuit is pending. While the state contends that the plaintiffs lack standing because the claim is unripe, the court found the three-part standing test was satisfied. The court also found that the extraordinary remedy of a preliminary injunction was justified where plaintiffs are likely to succeed on the merits, the plaintiffs will suffer irreparable economic harm if section 653o goes into effect on January 1st that cannot not be mitigated by damages, and the balance of harms favors plaintiffs. Specifically, the court found that section 653o will create a "clear conflict between that section and the Endangered Species Act" and plaintiffs have demonstrated a serious harm to their businesses. The court declined to "wade into a policy dispute "whether California's or the United States’ wildlife protections are superior." The motion for a preliminary injunction was granted. The defendants, their employees, agents, and successors in office are enjoined from enforcing California Penal Code sections 653o(c) and 653r in connection with the importation, possession, or sale of caiman bodies, parts, or products until the final disposition of this case. |
| Maine v. Taylor |
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| MI - Hunting - Chapter 324. Natural Resources and Environmental Protection Act. | These sections describe the licensing of and regulations of breeders and dealers, including zoological parks. These sections also describe the parameters for enclosures and pens. |