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THE NEW YORK
BAR FOUNDATION

Legal Ease Brochure 

Series

Downloadable Forms

Bridge the Gap Ad  
July 19 and 20 2011

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)

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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.

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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)  

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.

 

US - Horse - Wild Horses and Burros Act  

16 USC 1331-1340  

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.

 

US - Horses - Sale of Wild Free-Roaming Horses and Burros  

PL 108-447  

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.

 

US - Housing - Fair Housing. Subchapter I. Generally. Section 3602. Definitions.  

42 U.S.C.A. 3602(h)  

The following statute provides the Act's definition of "handicap" in part (h).  

US - Housing - FHA Definitions  

29 USC 705(20)(B)  

Sec. 504 provides the federal definition of "disability" (part 9) and "handicap" (part 20).  

US - Housing - Section 504 of the Rehabilitation Act of 1973  

29 USC 794  

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.  

US - Hunting - Airborne Hunting Act  

16 USC 742j-1  

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.

 

US - Importation - Crimes for Importation  

18 USCS § 42  

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.  

US - Importation - Fraud and False Statements  

18 USCS § 1001  

Under this federal law, fraudulent statements, orally or in writing, may result in a fine and or imprisonment.  

US - Importation - Mailing of Injurious Article  

18 USCS § 1716  

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.  

US - Lacey Act  

16 USC 3371 - 3378  

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.

 

US - Lacey Act - Conspiracy Statute  

18 USCS § 371  

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.  

US - Marine Mammal - MMPA Subchapter VI. Polar Bears.  

16 U.S.C.A. § 1423 - 1423h  

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.  

US - Marine Mammal Protection Act (MMPA) Table of Contents  

16 USC 1361 - 1421h  

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.  

US - Marine Mammal Protection Act (MMPA) Title I  

16 USC 1361 - 1389  

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.  

US - Marine Mammal Protection Act (MMPA) Title II  

16 USC 1401-1407  

Title II encompasses the establishment and functioning of the Marine Mammal Commission.

 

US - Marine Mammal Protection Act (MMPA) Title III  

16 USC 1411-1417  

Title III covers the International Dolphin Conservation Program, especially as it relates to dolphin mortality from the tuna fishing industry.

 

US - Marine Mammal Protection Act (MMPA) Title IV  

16 USC 1421 - 1421h  

Title IV relates to the Marine Mammal Health and Stranding Response Program, including funding for standing response and unusual mortality events.

 

US - Migratory - Migratory Bird Hunting and Conservation Stamp Act  

16 USC 718-718j  

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.  

US - Migratory - Migratory Bird Treaty Reform Act (MBTA) (abridged)  

PL 108-447, December 8, 2004