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 |
SELECTED STATUTES PERTAINING TO ANIMALS
NEW YORK STATE
Agriculture and Markets Law
• Article 7 (Licensing,
identification and control of dogs)
• Article 25-B (Abandoned animals)
• Article 26 (Animals, including cruelty)
• Article 26-A (Care of animals by pet dealers)
• Article 26-B, Section 410 – Establishes animal response
team for emergencies and disasters (2008)
• Section 96-b – Four year moratorium on licensing of new
slaughterhouses within 1500 feet of residential dwellings (2008)
• Section 351 - Animal fighting prohibition to include
non-paying spectators (2008)
• Section 353-c –Prohibits electrocution of fur bearing
animals (2008)
• Sections 353-d -Confinement of companion animals in vehicles in
extreme temperatures and penalties therefor (2008)
• Section 373 – Authorizes police officers
and other officials to remove such animals from vehicles
(2008)
Criminal Procedure Act
• CPL §530.12(f) Protection of victims of family offenses,
including non-human animals
• CPL §530.13(c) Protection for victims of crimes, other than
family offenses, including non-human animals
Domestic Relations Law
• Sections
240 – Amended to allow Orders of Protection issued in child
custody and child support proceedings to include companion animal of: 1)
the subject of the Order; or 2) any minor child of such person (2008)
• Sections 252 - Amended to allow Orders of Protection issued in
matrimonial proceedings to include companion animal of:
1) the subject of the Order; or 2) any minor child of such person
(2008)
Environmental Conservation Law
• Article 11 §§ 0101-111 (Definitions and general
provisions)
• §§ 501-539 (Prohibitions)
• §§ 701-719 (Hunting, fishing
and trapping licenses)
• §§ 901-931 (Hunting)
• §§ 1001-1009 (Falconry)
• §§ 1301-1321 (Fishing)
• §§ 1701-1733 (Importation and
sale of fish and wildlife)
• Article 13 §§ 301-371 (Marine
fisheries)
Estates, Powers and Trust Law
• EPTL §7-8.1- Pet Trust Law
Family Court Act
• FCA §656(i) Protection of victims of family offenses,
including non-human animals
• Section 352.3 - Amended to allow Orders of Protection in
juvenile delinquency proceedings to include the companion animal of: 1)
the subject of the Order; or 2) any minor child of such person (2008)
• Section 446- Amended to allow Orders of Protection in
support proceedings to include the companion animal of: 1) the
subject of the Order; or 2) any minor child of such person (2008)
• Section 759- Amended to allow Orders of Protection in
persons in need of supervision proceedings to include the companion
animal of: 1) the subject of the Order; or 2) any minor child
of such person (2008)
• Section 1056 – Amended to allow Orders of Protection in
child protective proceedings to include the companion animal of: 1) the
subject of the Order; or 2) any minor child of such person (2008)
General Business Law
• Article 35-c §§ 750-750uu (Operation of pet cemeteries
and crematoriums)
• Article 35-d §§ 752-755 (Sale of dogs and cats)
General Municipal Law
• Article 10 § 209-cc (Reporting of wild animals for safety
of emergency personnel)
Public Health Law
• Section 505 – Prohibits animal irritancy testing of
cosmetics when alternative exists (2008)
****************************************************************************************
CURRENT STATUTES
Due to the continuing changes made to the law, we
DISCLAIM all WARRANTIES, EITHER EXPRESS OF IMPLIED, including, but
not limited to any WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR USE or
of any WARRANTY OF NONINFRINGEMENT OF COPYRIGHT. This website may
provide you with some information about the laws of the State of New
York. However, a competent lawyer should always be employed in
matters of importance to research the law in other sources to insure
what is then current.
Chapter
Article Content
69 - Ag & Mkts 7
Licensing, Identification and Control of Dogs, Pounds and Shelters,
Animal Population Control, Dangerous Dogs
69 - Ag & Mkts 25-A Abandoned Animals
69 - Ag & Mkts 26
Animal cruelty, animal fighting, improper care, unlawful possession
69 - Ag & Mkts 26-A Care of Animals by Pet
Dealers
Agriculture and Markets Chapter 69
Article 7
Licensing, Identification and Control of Dogs
--------------------------------------------------------------------------------
This provides a link to the full text of the law from the New York State
Assembly web site. The Sections listed below describe the areas
covered within Article 7.
To read the full text, click on the link above. That will bring up
the full text of the Article in a new window.
NOTE: The laws covering cities with a population
in excess of 2 million are contained in a footnote to Article 7.
Only some of the sections listed on the Assembly site are applicable to
such cities. In New York State, the only City currently meeting that
criterion is the City of New York.
You should not make any decisions without consulting the
full text of the current law. You also may need to consult an attorney
to assist you in understanding the meaning of the text in relation to
other statutes and court decisions.
--------------------------------------------------------------------------------
Section
106. Purpose.
107.
Application.
108.
Definitions.
109. Licensing of
dogs; rabies vaccination requirement.
110. License
fees.
111. Disposition
of license fees.
111-a. Special and temporary
provisions for license fee;
Onondaga county.
112.
Identification of dogs.
113. Change of
ownership; lost or stolen dog.
114. Dog control
officers.
115. Pounds and
shelters.
116. Funds
expended by municipality for services.
117. Spaying and
neutering facilities authorized.
117-a. Animal population
control program.
118. Seizure of
dogs; redemption periods; impoundment fees;
adoption.
119.
Violations.
120. Disposition
of fines.
121. Dangerous
dogs.
122. Protection
of deer.
123. Night
quarantine.
124. Local laws
or ordinances.
125.
Indemnification for dog damage.
126. Duties and
powers of commissioner.
Agriculture and Markets Chapter 69
Article 25-B
Abandoned Animals
--------------------------------------------------------------------------------
This provides a link to the full text of the law from the New York State
Assembly web site. The Sections listed below describe the areas
covered within Article 25-B.
To read the full text, click on the link above. That will bring up
the full text of the Article in a new window.
You should not make any decisions without consulting the
full text of the current law. You also may need to consult an attorney
to assist you in understanding the meaning of the text in relation to
other statutes and court decisions.
--------------------------------------------------------------------------------
Section
331 Abandonment of Certain Animals
332 Disposition
Agriculture and Markets Chapter 69
Article 26
Animals
--------------------------------------------------------------------------------
This provides a link to the full text of the law from the New York State
Assembly web site. The Sections listed below describe the areas
covered within Article 26.
To read the full text, click on the link above. That will bring up
the full text of the Article in a new window.
You should not make any decisions without consulting the
full text of the current law. You also may need to consult an
attorney to assist you in understanding the meaning of the text in
relation to other statutes and court
decisions.--------------------------------------------------------------------------------
Section
350. Definitions.
351. Prohibition of animal fighting.
353. Overdriving, torturing and injuring
animals; failing to provide proper
sustenance.
353-a. Aggravated
cruelty to animals.
353-b.
Appropriate shelter for dogs left outdoors.
354. Sale of baby chicks and baby rabbits.
355. Abandonment of animals.
356. Failure to provide proper food and drink to
impounded animal.
357. Selling or offering to sell or exposing
diseased animal.
358. Selling disabled horses.
358-a. Live
animals as prizes prohibited.
359. Carrying animal in a cruel manner.
359-a.
Transportation of horses.
360. Poisoning or attempting to poison
animals.
361. Interference with or injury to
certain domestic animals.
362. Throwing substance injurious to
animals in public place.
363. Unauthorized possession of dogs
presumptive evidence of larceny.
364. Running horses on highway.
365. Clipping or cutting the ears of
dogs.
366. Dog stealing.
366-a.
Removing, seizing or transporting dogs for research purposes.
367. Leaving state to avoid provisions of
this article.
368. Operating upon tails of horses
unlawful.
369. Interference with officers.
370. Protection of the public from attack
by wild animals and reptiles.
371. Powers of peace officers.
372. Issuance of warrants upon
complaint.
373. Seizure of animals lost, strayed,
homeless, abandoned or improperly
confined or kept.
374. Humane destruction or other
disposition of animals lost, strayed, homeless,
abandoned or improperly confined or kept.
375. Officer may take possession of
animals or implements used in fights among
animals.
376. Disposition of animals or implements
used in fights among animals.
377. Disposal of dead animals.
377-a.
Spaying and neutering of dogs and cats.
378. Unlawful tampering with animal
research.
379. Prohibition of the selling of fur,
hair, skin or flesh of a dog or cat.
Current Laws Applying to Animals
Agriculture and Markets Chapter 69
Article 26-A
Care of Animals By Pet Dealers
This provides a link to the full text of the law from the New York State
Assembly web site. The Sections listed below describe the areas
covered within Article 26-A.
To read the full text, click on the link above. That will bring up
the full text of the Article in a new window.
You should not make any decisions without consulting the
full text of the current law. You also may need to consult an attorney
to assist you in understanding the meaning of the text in relation to
other statutes and court decisions.
Section
400.
Definitions.
400-a. Preemption of local
laws.
401. Minimum
standards of animal care.
402. Records of
purchase and sale.
403. Licenses.
404. License
refusal, suspension, or revocation.
405. Inspection
of pet dealers.
406.
Violations.
407. Construction
with other laws.
NY CLS Veh & Tr § 404-p (2005)
§ 404-p. [n1]Distinctive "Animal
Population Control Fund" license plates
1. On or after October first, nineteen hundred
ninety-six, any person
residing in this state shall, upon request, be issued a
distinctive "Animal
Population Control Fund" license plate of a design approved by the
commissioner.
Application for said license plate shall be filed with the
commissioner in such
form and detail as the commissioner shall prescribe.
2. A distinctive Animal Population Control Fund plate
issued pursuant to
this section shall be issued in the same manner as other number
plates upon the
payment of the regular registration fee prescribed by section four
hundred
one of this article provided, however, that an additional annual
service charge
of twenty-five dollars shall be charged for such plate. Twenty
dollars from
each twenty-five dollars received as annual service charges under
this
section shall be deposited to the credit of the animal population
control fund
established pursuant to section ninety-seven-xx of the state
finance law, and
shall be used for animal population control programs
undertaken pursuant to
section one hundred seventeen-a of the agriculture and markets
law.
History:
Add, L 1996, ch 166, § 1, eff Oct 1, 1996
(see 2000 note below).
[n1] There are two sections 404-p.
*****************************************************************************************
FEDERAL
Animal Welfare Act
7 U.S.C. §§ 2131 – 2159 (use of animals in research,
exhibition, transport and by dealers)
Endangered Species Act of 1973
16 U.S.C. §§ 1531 – 1544 (preservation of endangered
species)
Humane Slaughter Act 7 U.S.C.
§§ 1901 – 1907 (use of humane methods of slaughter of
livestock)
Marine Mammal Protection Act of 1972 16
U.S.C. §§ 1361 – 1407 (protection and preservation of
marine mammals)
Migratory Bird Treaty Act 16 U.S.C.
§ 703
Wild Exotic Bird Conservation Act 16
U.S.C. §§ 4901 – 4916
Brief Federal Summary
Title 7 Agriculture
- Animal Welfare Act of 1970 (7 U.S.C. §§ 2131 et
seq.)
- Humane Methods of Slaughter Act of 1978 (7 U.S.C.
§§ 1901 et seq.)
- Swine Health Protection Act (7 U.S.C. §§ 3801 et
seq.)
- Animal Cancer Research Act (7 U.S.C. §§ 3901 et
seq.)
- Animal Health Protection Act (7 U.S.C. §§ 8301 et
seq.)
Title 16 Conservation
- Dolphin Protection Consumer Information Act (16 U.S.C.
§§ 1385 et seq.)
- Endangered Species Act of 1973 (16 U.S.C. §§ 1531
et seq.)
- Fish and Wildlife Coordination Act (16 U.S.C. §§
661 et seq.)
- Fish and Wildlife Conservation Act of 1980 (16 U.S.C.
§§ 2901 et seq.)
- Great Ape Conservation Act of 2000 (16 U.S.C. §§
6301 et seq.)
- Marine Mammal Protection Act of 1972 (16 U.S.C. §§
1361 et seq.)
- Wild Free-Roaming Horse and Burros Act (16 U.S.C.
§§ 1331 et seq.)
Title 21 Food and Drugs
- Poultry and Poultry Products Inspection (21 U.S.C.
§§ 451 et seq.)
- Meat Inspection (21 USC §§ 601 et seq.)
- Humane methods of slaughter (21 U.S.C. § 603(b))
- Prohibited acts (21 U.S.C. § 610)
- Administration of animal drugs or antibiotics (21 U.S.C. §
620(g))
Title 49
Transportation; Transportation of animals (49 U.S.C. §
80502)
Detailed Federal Summary
Statute by Category
|
Citation
|
Summary
|
US - Agriculture - Animal Damage Control
Act
|
7 USC 426 - 426d
|
Animal Damage Control Act of March 2,
1931, (46 Stat. 1468) provided broad authority for investigation,
demonstrations and control of mammalian predators, rodents and
birds. Public Law 99-19, approved December 19, 1985, (99 Stat
1185) transferred administration of the Act from the Secretary of the
Interior to the Secretary of Agriculture. Pub. L. 102-190(Div. A,
title III, Sec. 348, Dec. 5, 1991, 105 Stat. 1348) and P.L. 102-237
(Title X, Sec. 1013(d), 105 Stat. 1901, Dec. 13, 1991) added provisions
directing the Secretaries of Defense and Agriculture, respectively, to
take actions to prevent the introduction of brown tree snakes into other
areas of the U.S. from Guam.
|
US - Apes - Great Apes Conservation Act
of 2000
|
16 USC 6301-6305
|
The law assists in the conservation of
great apes by supporting and providing financial resources for the
conservation programs of countries within the range of great apes. Under
the law, Great apes include the chimpanzee, gorilla, bonobo, orangutan,
and gibbon. The law authorizes the Secretary of the Interior, through
the Director of the Fish and Wildlife Service, to award grants to
entities that will promote the conservation of great apes in the wild.
The authorization for appropriations is $5 million per year through 2005
with 3% or $80,000, whichever is greater, expended to administer the
grants program.
|
US - AWA - Animal Welfare Act
|
7 USC 2131 - 2159
|
The AWA is, in the main, a regulatory
law that seeks to control who may possess or sell certain animals and
the living conditions (for non-agricultural, domestic animals) under
which the animals must be kept. The law provides for criminal penalties,
civil penalties and revocation of permits for violations of the
AWA. For discussion of the law see - AWA Overview.
|
US - Cattle - Milk Income Loss Contract
Program
|
7 U.S.C.A. § 7981 -
7984
|
Federal program that compensates dairy
producers when domestic milk prices fall below a specified level.
|
US - Chimpanzee - CHIMP Act
|
PL 106-551
|
This Act provides a system of
sanctuaries for chimpanzees that are "no longer needed" in the
biomedical research industry. The Act lists, among other things,
requirements for the sanctuaries, criteria for "acceptable" chimpanzees,
exceptions under which chimps can be brought out of "retirement."
|
US - Chimpanzee Sanctuary - §
287a-3a. Sanctuary system for surplus chimpanzees
|
42 USC 287a-3a
|
This Act was adopted to provide funding
and a process by which those chimpanzees that are in the federal
research program may be placed into a retirement setting.
|
US - Civil Rights - Civil Action for
Deprivation of Civil Rights
|
42 U.S.C.A. 1983
|
Statute providing for immunity for
persons operating under "color of law".
|
US - Companion Animals - Federal Pet
Protection Act
|
7 USC 2158
|
This Act prohibits shelters from selling
found pets within a period of five days to any random-source
organization. The purpose of the Act is to prevent animals from being
stolen and purchased from humane societies in order to use the animals
for scientific testing or illegal purposes (such as fighting, etc.).
|
US - Conservation - Fish & Wildlife
Conservation Act
|
16 USC 2901-2912
|
The Fish and Wildlife Conservation Act,
approved September 29, 1980, authorizes financial and technical
assistance to the States for the development, revision, and
implementation of conservation plans and programs for nongame fish and
wildlife. The original Act authorized $5 million for each of Fiscal
Years 1982 through 1985, for grants for development and implementation
of comprehensive State nongame fish and wildlife plans and for
administration of the Act. It also required the U.S. Fish and Wildlife
Service to study potential mechanisms for funding these activities and
report to Congress by March 1984.
|
US - Conservation - Fish & Wildlife
Improvement Act of 1978
|
16 U.S.C. 742l
|
The Fish and Wildlife Improvement Act of
1978 authorizes the Secretaries of the Interior and Commerce to
establish, conduct, and assist with national training programs for State
fish and wildlife law enforcement personnel. It also authorized funding
for research and development of new or improved methods to support fish
and wildlife law enforcement. The law provides authority to the
Secretaries to enter into law enforcement cooperative agreements with
State or other Federal agencies, and authorizes the disposal of
abandoned or forfeited items under the fish, wildlife, and plant
jurisdictions of these Secretaries.
|
US - Conservation - Fish and Wildlife
Act of 1956
|
16 USC 742a-742j
|
The Fish and Wildlife Act of 1956 (16
U.S.C. 742a-742j, not including 742 d-l; 70 Stat. 1119), establishes a
comprehensive national fish, shellfish, and wildlife resources policy
with emphasis on the commercial fishing industry but also with a
direction to administer the Act with regard to the inherent right of
every citizen and resident to fish for pleasure, enjoyment, and
betterment and to maintain and increase public opportunities for
recreational use of fish and wildlife resources. Among other
things, it directs a program of continuing research, extension, and
information services on fish and wildlife matters, both domestically and
internationally.
|
US - Conservation - Fish and Wildlife
Coordination Act
|
16 USC 661-667e
|
The Fish and Wildlife Coordination Act
(16 U.S.C. 661-667e) of 1934 authorizes the Secretaries of Agriculture
and Commerce to provide assistance to and cooperate with Federal and
State agencies to protect, rear, stock, and increase the supply of game
and fur-bearing animals, as well as to study the effects of domestic
sewage, trade wastes, and other polluting substances on wildlife.
In addition, this Act authorizes the preparation of plans to protect
wildlife resources, the completion of wildlife surveys on public lands,
and the acceptance by the Federal agencies of funds or lands for related
purposes provided that land donations received the consent of the State
in which they are located.
|
US - Crimes - § 43. Force,
violence, and threats involving animal enterprises
|
18 USCS § 43
|
This federal law provides for crime and
penalties for animal enterprise terrorism.
|
US - Cruelty - HR 5092 To amend section
48 (relating to depiction of animal cruelty) of title 18, United States
Code, and for other purposes.
|
H. R. 5092
|
This bill seeks to amend section 48
(relating to depiction of animal cruelty) of title 18, United States
Code to prohibit the commercial sale of animal crush videos.
|
US - Disability - Americans with
Disabilities Act (ADA)
|
42 U.S.C.A. § 12101, 12102, 12132; 2
U.S.C.A. § 1311
|
Following are excerpted sections from
the Americans with Disabilities Act of 1990 that relate to assistance
animals. Also included is § 1311 of the Civil Rights Act that
defines discriminatory practices and outlines the remedies for such
violations.
|
US - Divorce/Custody - Uniform Marriage
& Divorce Act. Section 307. Part III Dissolution. Section 307
Disposition of Property.
|
ULA Marr & Divorce s
307
|
Uniform act created to address division
of marital property upon divorce in equitable distribution
jurisdiction. Two alternatives are given, directing equitable
apportionment in one and division in just proportions in the other.
|
US - Divorce/Custody - United States.
Uniform Marital Property Act. Section 4. Classification of Property of
Spouses.
|
ULA Marital Property Act s
4
|
Uniform act created to address division
of marital property upon divorce in community property jurisdictions.
|
US - Dolphin - Dolphin Protection
Consumer Information Act
|
16 USC 1385
|
Dolphin Protection Consumer Information
Act enacted on November 28, 1990 establishes conditions for
protection of dolphins by ocean vessels when harvesting tuna with purse
seine nets. It provides labeling standards for tuna products that are
exported from or offered for sale in the United States, and it sets the
penalty for noncompliance at not to exceed $100,000 for any, single
action.
|
US - Ecoterrorism - Animal Enterprise
Terrorism Act
|
S.3880 (2006)
|
The Animal Enterprise Terrorism Act
(AETA) is a United States federal law introduced by Republican Thomas
Petri of Wisconsin. The final version of the bill, recently passed by
both the Senate and House, was known as S. 3880. Earlier versions of the
bill were known as S. 1926 and H.R. 4239. The bill is described by the
author as being intended to "provide the Department of Justice the
necessary authority to apprehend, prosecute, and convict individuals
committing animal enterprise terror." The AETA was signed into law
on November 27, 2006 by President Bush. Opponents of the law
contend that its language is overly broad and vague, and brands animal
activists as terrorists.
Further, opponents argue that the law has a chilling effect on free
speech and unfairly targets only animal activists.
|
US - Elephant - African Elephant
Conservation Act
|
16 USC 4201-4246
|
A U.S. federal law that reaffirms the
endangered status of African elephants and allocates money toward
conservation efforts.
|
US - Elephant - Asian Elephant
Conservation Act
|
16 USC 4261-4266
|
A U.S. federal law that reaffirms the
endangered status of Asian elephants and allocates money toward
conservation efforts.
|
US - Endangered Species Act
|
16 USC 1531 - 1544
|
This is key law at the national level
for the listing and protecting of endangered species and their critical
habitat. It also implements the US obligations under the treaty
CITES.
|
US - Environmental - National
Environmental Policy Act of 1969
|
42 USC 4321 - 4370h
|
The National Environmental Policy Act
(NEPA) requires federal agencies to integrate environmental values into
their decision making processes by considering the environmental impacts
of their proposed actions and reasonable alternatives to those actions.
To meet this requirement, federal agencies prepare a detailed statement
known as an Environmental Impact Statement (EIS). EPA reviews and
comments on EISs prepared by other federal agencies, maintains a
national filing system for all EISs, and assures that its own actions
comply with NEPA.
|
US - Evacuation - Pets Evacuation and
Transportation Standards Act of 2006
|
Public Law 109–308
(2006)
|
The PETS Act, signed into law on October
6, 2006, requires that in order to qualify for Federal Emergency
Management Agency funding, a city or state is required to submit a plan
detailing its disaster preparedness program. The PETS Act would simply
require that the State and local emergency preparedness authorities
include how they will accommodate households with pets or service
animals when presenting these plans to the FEMA
|
US - Exotic Birds - Wild Exotic Bird
Conservation Act
|
16 USC 4901 - 4916
|
The Wild Exotic Bird Conservation Act
addresses the population threat to non-indigenous
wild birds due to the demand the from U.S. as the number one
importer of exotic birds (e.g., the "pet" bird trade). Exceptions
under the statute include qualified breeding facilities, scientific or
zoological study, and people returning the U.S. who have been out of the
country for more than a year (limited to two birds).
|
US - Fighting - Animal Fighting
Prohibition Enforcement Act of 2007
|
H.R. 137 (signed into law
05/03/2007)
|
The Animal Fighting Prohibition
Enforcement Act of 2007 was signed into law on May 3, 2007. The law
upgrades current penalties by creating felony-level jail time (up
to 3 years) for violations of the federal animal fighting law, and
it also prohibits interstate and foreign commerce of cockfighting
weapons (e.g., knife, gaff, etc.).
|
US - Fisheries - Pelly Amendment
|
22 USC 1978
|
Restriction on importation of fishery or
wildlife products from countries which violate international fishery or
endangered or threatened species programs
|
US - Food Animal - Humane Methods of
Livestock Slaughter
|
7 USC 1901 - 1907
|
These statutory sections comprise what
is commonly termed the Humane Slaughter Act. Included in these
sections are Congress' statement that livestock must be slaughtered in a
humane manner to prevent needless suffering, research methods on humane
methods of slaughter, the nonapplicability of these statutes
to religious or ritual slaughter, and the investigation into the care of
nonambulatory livestock.
|
US - Food Animal - Twenty Eight Hour Law
of 1877
|
49 USC 80502
|
This Federal law addresses the
transportation of animals, including those raised for food or in food
production, across state lines. The statute provides that animals cannot
be transported by "rail carrier, express carrier or common carrier"
(except by air or water) for more than 28 consecutive hours without
being unloaded for five hours for rest, water and food.
|
US - Food Labeling - Federal Food, Drug,
and Cosmetic Act
|
21 U.S.C. § 341 -
343
|
The United States Federal Food, Drug,
and Cosmetic Act is a set of laws passed by Congress that gives
authority to the Food and Drug Administration (FDA) to oversee the
safety of food, drugs, and cosmetics.
|
US - Funding State - Pittman-Roberson
Act
|
16 USC 669-669k
|
The Pittman-Robertson Wildlife
Restoration Act authorizes the Secretary of the Interior to
cooperate with the States, through their respective State fish and game
departments, in wildlife-restoration projects. However, no money
shall be expended until the state in question assents to the
provisions of this chapter and has passed laws for the conservation
of wildlife, which includes a prohibition against the diversion of
license fees paid by hunters for any other purpose than the
administration of the fish and game department.
|
US - Fur - Prohibition on importation of
dog and cat fur products.
|
19 U.S.C.A. §
1308
|
This federal statute prohibits commerce
in dog or cat fur. Specifically, the statute forbids import
into, or export from, the United States of any dog or cat fur product;
or the introduction into interstate commerce, manufacture for
introduction into interstate commerce, sell, trade, or advertise in
interstate commerce, offer to sell, or transport or distribute in
interstate commerce in the United States, any dog or cat fur
product. The exception under the act is for the importation,
exportation, or transportation, for noncommercial purposes, of a
personal pet that is deceased, including a pet preserved through
taxidermy.
|
US - Fur - Subchapter IV. Labeling of
Fur Products
|
15 USCA § 69 et
seq.
|
The Fur Products Labeling Act, 15 U.S.C.
§ 69, declares that fur products will be considered
“misbranded” if “falsely or deceptively labeled”
or identified, and/or if the product does not contain a label that
legibly shows the name(s) of the animals from which the fur was taken,
the name or other identification of the person(s) who manufactured the
fur, and the country of origin of the fur. The label must also
state, if true, that the fur product contains used or artificially
colored fur, and/or if it is “composed in whole or in substantial
part of paws, tails, bellies, or waste fur.” However, the
law defines “fur product” as an article of clothing that is
made in whole or in part by fur, but states that the Commission can
exempt articles because of the small quantity of fur they contain.
The Federal Trade Commission has deemed “relatively small quantity
or value” to equal $150, which means “multiple animal pelts
[can exist] on a garment without a label.”
|
US - Grazing - Taylor Grazing Act
|
43 USC 315 - 315r
|
Statute empowers Secretary of the
Interior to establish and oversee grazing districts on federal land via
a system of permits.
|
US - Horse - Restore Our American
Mustangs Act
|
HR 1018 (2009)
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The House of Representatives passed the
Restore Our American Mustangs Act (H.R. 1018) on July 17, 2009. This
bill was introduced on February 12, 2009. This bill would amend the
Wild Free-Roaming Horses and Burros Act. In 2005, the Omnibus
Appropriations Bill lifted the prohibition on the sale of wild horses
and burros for commercial purposes and allowed the BLM to sell
excess animals at public sales "without limitation" (e.g., for
slaughter). Congressman Rahall's bill would restore the federal
prohibition on the commercial sale and slaughter of wild free-roaming
horses and burros. It would also prevent euthanization of any
wild free-roaming horses or burros unless the animal is terminally
ill.
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US - Horse - Wild Horses and Burros Act
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16 USC 1331-1340
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The Wild Horses and Burros Act approved
December 15, 1971, provides for protection of wild, free-roaming horses
and burros. It directs the Bureau of Land Management of the Department
of the Interior and Forest Service of the Department of Agriculture to
manage such animals on public lands under their jurisdiction.
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US - Horses - Sale of Wild Free-Roaming
Horses and Burros
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PL 108-447
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These amendments to the Wild Horses Act,
16 U.S.C.A. § 1333, amended by Public Law 108-447, allow for the
sale of animals for commercial purposes in some circumstances,
specifically when the excess animal is more than 10 years old, or has
been unsuccessfully offered for adoption on at least 3 occasions.
Once the excess animal is sold, it will no longer be considered a wild
free-roaming horse or burro according to this Act.
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US - Housing - Fair Housing. Subchapter
I. Generally. Section 3602. Definitions.
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42 U.S.C.A. 3602(h)
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The following statute provides the Act's
definition of "handicap" in part (h).
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US - Housing - FHA Definitions
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29 USC 705(20)(B)
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Sec. 504 provides the federal definition
of "disability" (part 9) and "handicap" (part 20).
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US - Housing - Section 504 of the
Rehabilitation Act of 1973
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29 USC 794
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In the context of housing
discrimination, this statute creates the rule that public housing
authorities cannot deny housing to a disabled person solely because of
his or her disability, and that if a reasonable accommodation can be
made to make housing available to a disabled person, the landlord is
required to make the accommodation. To establish a prima facie case of
housing discrimination, the tenant must establish four elements: (1)
tenant is an individual with a disability; (2) tenant is "otherwise
qualified" to receive the benefit; (3) tenant was denied the benefit of
the program solely by reason of his or her disability; and (4) the
program receives federal financial assistance.
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US - Hunting - Airborne Hunting Act
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16 USC 742j-1
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This Act approved November 18, 1971
added to the Fish and Wildlife Act of 1956 a new section 13 (16 U.S.C.
742j-l), which is commonly referred to as the Airborne Hunting Act or
Shooting from Aircraft Act, prohibits shooting or attempting to shoot or
harassing any bird, fish, or other animal from aircraft except for
certain specified reasons, including protection of wildlife, livestock,
and human life as authorized by a Federal or State issued license or
permit. States authorized to issue permits are required to file reports
with the Secretary of the Interior containing information on any permits
issued.
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US - Importation - Crimes for
Importation
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18 USCS § 42
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Under this federal law, no importation
of certain listed animals is permitted. Whoever violates this
section, or any regulation issued pursuant thereto, shall be fined under
this title or imprisoned not more than six months, or both.
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US - Importation - Fraud and False
Statements
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18 USCS § 1001
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Under this federal law, fraudulent
statements, orally or in writing, may result in a fine and or
imprisonment.
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US - Importation - Mailing of Injurious
Article
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18 USCS § 1716
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All kinds of poison, all articles and
compositions containing poison, all poisonous animals, insects,
reptiles, all explosives, inflammable materials, infernal machines, and
mechanical, chemical, or other devices or compositions which may ignite
or explode, all disease germs or scabs, and all other natural or
artificial articles, compositions, or material which may kill or injure
another, or injure the mails or other property, whether or not sealed as
first-class matter, are nonmailable matter and shall not be conveyed in
the mails or delivered from any post office or station thereof, nor by
any officer or employee of the Postal Service.
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US - Lacey Act
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16 USC 3371 - 3378
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The Lacey Act provides that it is
unlawful for any person to import, export, transport, sell, receive,
acquire, or purchase any fish or wildlife or plant taken, possessed,
transported, or sold in violation of any law, treaty, or regulation of
the United States or in violation of any Indian tribal law whether in
interstate or foreign commerce. All plants or animals taken in
violation of the Act are subject to forfeiture as well as all vessels,
vehicles, aircraft, and other equipment used in the process.
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US - Lacey Act - Conspiracy Statute
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18 USCS § 371
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If two or more persons conspire either
to commit any offense against the United States, or to defraud the
United States, or any agency thereof in any manner or for any purpose,
and one or more of such persons do any act to effect the object of the
conspiracy, each shall be fined under this title or imprisoned not more
than five years, or both. If, however, the offense, the commission of
which is the object of the conspiracy, is a misdemeanor only, the
punishment for such conspiracy shall not exceed the maximum punishment
provided for such misdemeanor.
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US - Marine Mammal - MMPA Subchapter VI.
Polar Bears.
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16 U.S.C.A. § 1423 -
1423h
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This new section to the MMPA provides
the polar bear protection provisions. It implements the Agreement
Between the Government of the United States of America and the
Government of the Russian Federation on the Conservation and Management
of the Alaska-Chukotka Polar Bear Population, signed at Washington,
D.C., on October 16, 2000. The law makes it unlawful to take any polar
bear in violation of the Agreement.
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US - Marine Mammal Protection Act (MMPA)
Table of Contents
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16 USC 1361 - 1421h
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The Marine Mammal Protection Act (MMPA)
is the main regulatory vehicle that protects marine mammal species and
their habitats in an effort to main sustainable populations. In doing
so, the statute outlines prohibitions, required permits, criminal and
civil penalties, and international aspects in addressing marine
mammals. This document provides a table of contents for the Marine
Mammal Protection Act (MMPA) with links to the specific statutory
sections.
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US - Marine Mammal Protection Act (MMPA)
Title I
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16 USC 1361 - 1389
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Title I outlines the purposes and
definitions, the Act's application to other treaties and laws, and
enforcement provisions, including those surrounding commercial fishing
gear.
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US - Marine Mammal Protection Act (MMPA)
Title II
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16 USC 1401-1407
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Title II encompasses the establishment
and functioning of the Marine Mammal Commission.
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US - Marine Mammal Protection Act (MMPA)
Title III
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16 USC 1411-1417
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Title III covers the International
Dolphin Conservation Program, especially as it relates to dolphin
mortality from the tuna fishing industry.
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US - Marine Mammal Protection Act (MMPA)
Title IV
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16 USC 1421 - 1421h
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Title IV relates to the Marine Mammal
Health and Stranding Response Program, including funding for standing
response and unusual mortality events.
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US - Migratory - Migratory Bird Hunting
and Conservation Stamp Act
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16 USC 718-718j
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The Migratory Bird Hunting and
Conservation Stamp Act, or the "Duck Stamp Act," as this March 16, 1934,
authority is commonly called, requires each waterfowl hunter 16 years of
age or older to possess a valid Federal hunting stamp. Receipts
from the sale of the stamp are deposited in a special Treasury account
known as the Migratory Bird Conservation Fund and are not subject to
appropriations. A contest is held each year by the U.S. Fish and
Wildlife Service to select the design of the stamp.
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US - Migratory - Migratory Bird Treaty
Reform Act (MBTA) (abridged)
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PL 108-447, December 8,
2004
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