Fish and Wildlife Dept

AL - Wildlife - § 9-2-13. Commissioner of Conservation and Natural Resources -- Authority to prohibit importation of birds, anim

Summary: This Alabama law provides that the Commissioner of Conservation and Natural Resources may, by regulation, prohibit the importation of any animal when such importation is not in the best interest of the state. However, this does not apply to those animals used for display purposes at circuses, carnivals, zoos, and other shows or exhibits. Importing a prohibited animal into the state is a Class C misdemeanor with a fine of $1,000 - 5,000, or jail for 30 days, or both.

This Alabama law provides that the Commissioner of Conservation and Natural Resources may, by regulation, prohibit the importation of any animal when such importation is not in the best interest of the state. However, this does not apply to those animals used for display purposes at circuses, carnivals, zoos, and other shows or exhibits. Importing a prohibited animal into the state is a Class C misdemeanor with a fine of $1,000 - 5,000, or jail for 30 days, or both.

AK - Fish and Game - Chapter 05. Fish and Game Code

Summary: These provisions concern Alaska's Department of Fish and Game (DFG). The enforcement authority is defined and another statute gives power to the Board of Game to adopt regulations for game animals. Under Sec. 16.05.920, a person may not take, possess, transport, sell, offer to sell, purchase, or offer to purchase fish, game, or marine aquatic plants, or any part of fish, game, or aquatic plants, or a nest or egg of fish or game unless permitted by regulation. "Game" is defined as any species of bird, reptile, and mammal, including a feral domestic animal, found or introduced in the state, except domestic birds and mammals.

These provisions concern Alaska's Department of Fish and Game (DFG). The enforcement authority is defined and another statute gives power to the Board of Game to adopt regulations for game animals. Under Sec. 16.05.920, a person may not take, possess, transport, sell, offer to sell, purchase, or offer to purchase fish, game, or marine aquatic plants, or any part of fish, game, or aquatic plants, or a nest or egg of fish or game unless permitted by regulation. "Game" is defined as any species of bird, reptile, and mammal, including a feral domestic animal, found or introduced in the state, except domestic birds and mammals.

AK - Conversation - Chapter 05. Powers and Duties of Commissioners of Natural Resources and Environmental Conservation.

Summary: This set of Alaska laws sets forth the powers of the commissioner of environmental conservation. Additionally, the commissioner of environmental conservation may employ or appoint a person to act as the state veterinarian to carry out and enforce the requirements of this title. The penalties for violation of provisions under this chapter are also described.

This set of Alaska laws sets forth the powers of the commissioner of environmental conservation. Additionally, the commissioner of environmental conservation may employ or appoint a person to act as the state veterinarian to carry out and enforce the requirements of this title. The penalties for violation of provisions under this chapter are also described.

Adrian v. Vonk

Summary:

Ranchers sued State for damage to their property from prairie dogs from public lands. The Supreme Court held that statutes governing State's participation in programs to control prairie dogs did not contain express waivers of sovereign immunity; State's statutorily-mandated actions in controlling prairie dogs were discretionary acts, and ranchers' action was barred by sovereign immunity; and statute did not provide for a nuisance cause of action against the State.

Ranchers sued State for damage to their property from prairie dogs from public lands. The Supreme Court held that statutes governing State's participation in programs to control prairie dogs did not contain express waivers of sovereign immunity; State's statutorily-mandated actions in controlling prairie dogs were discretionary acts, and ranchers' action was barred by sovereign immunity; and statute did not provide for a nuisance cause of action against the State.

Unified Sportsmen of Pennsylvania ex rel. their members v. Pennsylvania Game Com'n

Summary:

A Pennsylvania association consisting of hunters and outdoorsmen and members of the association filed a complaint/request for writ of mandamus against the Pennsylvania Game Commission, Department of Conservation and Natural Resources (DCNR), and various state officials, seeking an order directing Commission and DCNR to provide the data and information on which the Commission relied in setting "harvest" figures for Pennsylvania's deer population. Before this Court in our original jurisdiction are the preliminary objections of the Pennsylvania Game Commission , the Pennsylvania Department of Conservation and Natural Resources, and certain Commonwealth officers (collectively, Respondents). The court first found that the Sportsmen indeed have standing, conferred both by statute and under the under the traditional substantial-direct-immediate test. However, Respondent Game Commission's demurrer was sustained, primarily because the court agreed that due to the ambiguous nature of Sportsmen's pleading, it is not possible to discern a legal theory to support the relief requested. Further, the court sustained Respondent's claim that the DCNR, its Secretary, and the state's Governor were not proper parties to association's suit. Despite these procedural defects, the court did not dismiss the Sportsmen's action, and instead allowed them to amend their complaint within 30 days of this order.

A Pennsylvania association consisting of hunters and outdoorsmen and members of the association filed a complaint/request for writ of mandamus against the Pennsylvania Game Commission, Department of Conservation and Natural Resources (DCNR), and various state officials, seeking an order directing Commission and DCNR to provide the data and information on which the Commission relied in setting "harvest" figures for Pennsylvania's deer population. Before this Court in our original jurisdiction are the preliminary objections of the Pennsylvania Game Commission , the Pennsylvania Department of Conservation and Natural Resources, and certain Commonwealth officers (collectively, Respondents). The court first found that the Sportsmen indeed have standing, conferred both by statute and under the under the traditional substantial-direct-immediate test. However, Respondent Game Commission's demurrer was sustained, primarily because the court agreed that due to the ambiguous nature of Sportsmen's pleading, it is not possible to discern a legal theory to support the relief requested. Further, the court sustained Respondent's claim that the DCNR, its Secretary, and the state's Governor were not proper parties to association's suit. Despite these procedural defects, the court did not dismiss the Sportsmen's action, and instead allowed them to amend their complaint within 30 days of this order.

Commonwealth v. Reynolds

Summary:

A woman's four serval cats, two fennic foxes, three ringtailed lemurs, three kinkajous, and one wallaby were all seized pursuant to a search warrant.  The trial court granted the woman's motion for return of her property in part and denied in part, specifically allowing for the return of the kinkajous and lemurs.  The Court of Appeals remanded to determine whether the woman's possession of the animals was in violation of the federal AWA or state Game Code.   

A woman's four serval cats, two fennic foxes, three ringtailed lemurs, three kinkajous, and one wallaby were all seized pursuant to a search warrant.  The trial court granted the woman's motion for return of her property in part and denied in part, specifically allowing for the return of the kinkajous and lemurs.  The Court of Appeals remanded to determine whether the woman's possession of the animals was in violation of the federal AWA or state Game Code.   

State v. Saurman

Summary:

The court reaffirmed the tenet that it is a proper exercise of state police power to adopt measures to protect wild animals as a resource for all citizens.  In doing so, the court held that it was a proper exercise of police power for the legislature of Ohio to enact a wild animal "shining" prohibition.  Appellants challenged the law as unconstitutional because it ostensibly outlawed otherwise innocent conduct, as an individual can shine for wild animals without the purpose of hunting those animals.  The court disagreed, finding that the statute's purpose was to counteract the problems related to enforcement, since it was difficult to ascertain which individuals shining from vehicles also carried hunting implements. 

The court reaffirmed the tenet that it is a proper exercise of state police power to adopt measures to protect wild animals as a resource for all citizens.  In doing so, the court held that it was a proper exercise of police power for the legislature of Ohio to enact a wild animal "shining" prohibition.  Appellants challenged the law as unconstitutional because it ostensibly outlawed otherwise innocent conduct, as an individual can shine for wild animals without the purpose of hunting those animals.  The court disagreed, finding that the statute's purpose was to counteract the problems related to enforcement, since it was difficult to ascertain which individuals shining from vehicles also carried hunting implements. 

Carrelli v. Dept. of Natural Resources

Summary:

Wildlife rehabilitation permit applicant was denied a permit by the Ohio Department of Natural Resource’s Division of Wildlife. She requested an administrative hearing to challenge the denial of her application. On appeal, the court held that because wildlife rehabilitation permit applicants do not possess a private property interest in wildlife or in receiving a rehabilitation permit, the state may deny a permit based on its own discretion, so long as the decision to deny the permit is reasonably related to the state’s legitimate government interest. Therefore, even when an applicant possesses the proper credentials required to obtain a permit, the state may deny the permit in protecting the state’s legitimate government interest.

Wildlife rehabilitation permit applicant was denied a permit by the Ohio Department of Natural Resource’s Division of Wildlife. She requested an administrative hearing to challenge the denial of her application. On appeal, the court held that because wildlife rehabilitation permit applicants do not possess a private property interest in wildlife or in receiving a rehabilitation permit, the state may deny a permit based on its own discretion, so long as the decision to deny the permit is reasonably related to the state’s legitimate government interest. Therefore, even when an applicant possesses the proper credentials required to obtain a permit, the state may deny the permit in protecting the state’s legitimate government interest.

People v. Bootman

Summary:

This is one of the first cases to construe the issue of interstate commerce with regard to state game laws and the Lacey Act.  Defendant purchased game birds that were killed outside of New York and brought them into the state when it was lawful to possess them.  The court stated it was required by the rule of stare decisis to hold that the Legislature did not intend to make criminal the possession during the closed season of game killed and brought here during the open season.  The court notes that the passage of the New York legislation occurred three months before the passage of the Lacey, thus having no effect.  The court does go on to note the Legislature has now made it clear that it is well within state police power to regulate wildlife.

This is one of the first cases to construe the issue of interstate commerce with regard to state game laws and the Lacey Act.  Defendant purchased game birds that were killed outside of New York and brought them into the state when it was lawful to possess them.  The court stated it was required by the rule of stare decisis to hold that the Legislature did not intend to make criminal the possession during the closed season of game killed and brought here during the open season.  The court notes that the passage of the New York legislation occurred three months before the passage of the Lacey, thus having no effect.  The court does go on to note the Legislature has now made it clear that it is well within state police power to regulate wildlife.

Barrett v. State

Summary:

This case concerns a New York law that protected beavers and their habitat in New York by stating that no one "shall molest or disturb any wild beaver or the dams, houses, homes or abiding places of same."  The claimants owned land that endured considerable commercial destruction due to the beavers that were present.  Claimants were initially awarded damages and alleged on appeal that the law represented an unconstitutional exercise of police power and, that, since the beavers were "owned" by the state at the time of the destruction, the state is liable for the damage.  The Court disagreed, finding the ownership of wildlife is in the state in its sovereign capacity, for the benefit of all the people.  As a result, the state was acting in its proper police power authority and is not liable for the damage that ensued from "liberating" the beaver.

This case concerns a New York law that protected beavers and their habitat in New York by stating that no one "shall molest or disturb any wild beaver or the dams, houses, homes or abiding places of same."  The claimants owned land that endured considerable commercial destruction due to the beavers that were present.  Claimants were initially awarded damages and alleged on appeal that the law represented an unconstitutional exercise of police power and, that, since the beavers were "owned" by the state at the time of the destruction, the state is liable for the damage.  The Court disagreed, finding the ownership of wildlife is in the state in its sovereign capacity, for the benefit of all the people.  As a result, the state was acting in its proper police power authority and is not liable for the damage that ensued from "liberating" the beaver.