Wildlife
Displaying 91 - 100 of 370
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Summary |
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| Dallas Safari Club v. Bernhardt | Individual elephant sport hunters and their hunting organizations (“Plaintiffs”) filed suit against the United States Fish and Wildlife Service (the “Service”) seeking to import their sport-hunted elephant trophies from Africa into the United States. The Plaintiffs moved for a preliminary injunction requiring the Service to process pending and subsequently filed permit applications. The African Elephant is listed as a threatened species under the Endangered Species Act (“ESA”) and is also a species that is regulated by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (“CITES”). All African elephant trophy imports require the Service to make an enhancement finding, meaning that the killing of the trophy animal will enhance the survival of the species, and issue an ESA permit. Additionally, certain African elephant trophy imports require a non-detriment finding and a CITES import permit. Historically, the Service made periodic countrywide enhancement and non-detriment findings, however, this came to a halt due to a Presidential tweet surrounding media criticism over the Service’s decision to lift the suspension on Zimbabwe’s ESA enhancement finding. The Court found that injunctive relief was not warranted because the Plaintiffs failed to show irreparable harm as to any Plaintiff. The individual Plaintiffs argued that they had suffered both emotional harm and economic harm. However, the Plaintiffs were on notice that their applications could take a significant amount of time to process. Additionally, the emotional distress claimed by the Plaintiffs would be alleviated when the Service issues a decision either granting or denying their permit applications, therefore, the harm that the Plaintiffs were claiming was not irreparable. The Court found that the individual hunter Plaintiffs’ alleged emotional and economic injuries were insufficient to warrant a preliminary injunction. The organizational Plaintiffs argued that they each were suffering irreparable harm derivatively because the Service’s delay in processing permit applications would decrease the popularity of sport hunting in Africa and cause a decrease in funding for conservation efforts. The problem was that the organizational Plaintiffs offered no proof to substantiate this argument. The Court ultimately held that in light of the disruptions caused by COVID-19 and the diminished capacity of the Service to process permit applications during this unprecedented time, it would be unwise and not in the public interest to order the expeditious processing of sport trophy permit applications. The Court denied Plaintiffs’ Motion for a Preliminary Injunction. |
| Daniels v. City of Ann Arbor (2015) | |
| DC - Wildlife Control - Chapter 22 Wildlife Protection | The following D.C. statutes provide the legal requirements for wildlife control service providers, which are defined as operators of businesses which involve the charging of a fee for services in wildlife control. Specifically, these statutes provide provisions about capturing target animals and non-target animals, as well as indicating how often a wildlife control service providers must check their traps. |
| DE - Endangered Species - CHAPTER 6. ENDANGERED SPECIES | Delaware prohibits the importation, transportation, possession, or sale of any part, hide or an endangered species of fish or wildlife. Delaware also prohibits the intent to import, transport, or sell any part or hide of an endangered species. The only lawful way to take an endangered species is by a license or permit from the Division of Fish and Wildlife and violation of this statute is a class A environmental misdemeanor. |
| DE - Fox - § 791. Possession of red fox whelps | This Delaware statute permits the taking and possession of the red fox whelp between April 1 and August 15 of each year subject to certain criteria. |
| DE - Sharks - § 928A. Trade in shark fins; penalty | This Delaware statute prohibits people from possessing, selling, trading, or distributing a shark fin unless a person possesses a license to do so from the State. The statute also lists the penalty for violations. |
| DE - Skunks and Raccoons - § 795. Prohibition of sale or transportation of live skunks or raccoons | Without a permit from the state of Delaware, it is illegal to possess or sell a live skunk or raccoon. |
| DE - Wildlife - Chapter 1. Protected Wildlife | These statutes comprise Delaware's protected wildlife provisions. The section outlines the powers and duties of the Department of Fish and Wildlife as well as how funds derived from fishing and hunting licenses may be used. The code also explains the procedure private parties may take when protected wildlife injures crops. |
| DE - Woodchuck - § 797. Woodchuck or groundhog not protected wildlife | This Delaware statute declares that the woodchuck or groundhog will not be considered protected wildlife. |
| Decision 09171-2015-0004, 2016 - Aletas de Tiburon, Ecuador | Este caso se refiere a los acusados que pescaron y capturaron ilegalmente tiburones de categoría vulnerable en territorio ecuatoriano utilizando artes y métodos de pesca ilegales. El tribunal discutió la presencia e importancia de las reservas naturales, incluidas las reservas de vida marina, y los derechos inherentes a la naturaleza. El tribunal consideró que la pesca de los acusados tenía como objetivo la captura de tiburones con fines lucrativos y confirmó sus condenas penales en todos los aspectos descritos en el tribunal inferior. |