Fur or Trapping

CA - Trapping - Chapter 2. Fur-Bearing Mammals Article 1. Trapping Provisions

Summary: These provisions regulate the fur trade. Fur-bearing mammals may be taken only with a trap, a firearm, bow and arrow, poison (with permit), or with the use of dogs. It is illegal to trap without a license and certain types of traps are not allowed. Fur dealers must have a license, with exceptions. Fur dealers are required to maintain complete records and are prohibited from purchasing raw furs from any person who does not hold a valid trapping license, fur dealer license, or fur agent license.

These provisions regulate the fur trade. Fur-bearing mammals may be taken only with a trap, a firearm, bow and arrow, poison (with permit), or with the use of dogs. It is illegal to trap without a license and certain types of traps are not allowed. Fur dealers must have a license, with exceptions. Fur dealers are required to maintain complete records and are prohibited from purchasing raw furs from any person who does not hold a valid trapping license, fur dealer license, or fur agent license.

CA - Hunting - Article 1. Methods of Taking (including trapping methods)

Summary: These sections pertain to hunting in California. A hunting license is required, and certain hunting methods are prohibited, such as night hunting, hunting while intoxicated, shooting at an animal from a vehicle, Internet hunting, the use of body-gripping or metal-jawed traps, the use of certain poisons and lead bullets, and the use of bird or mammal calls.

These sections pertain to hunting in California. A hunting license is required, and certain hunting methods are prohibited, such as night hunting, hunting while intoxicated, shooting at an animal from a vehicle, Internet hunting, the use of body-gripping or metal-jawed traps, the use of certain poisons and lead bullets, and the use of bird or mammal calls.

AL - Bear Protection - Legislative findings. Prohibited activities; exceptions; applicability; penalties.

Summary: These Alabama statutes were signed into law in 2001. The laws declare that black bears are a species that require special protection in the state and make it illegal to hunt, wound, injure, kill, trap, collect, or capture a black bear, or to attempt to engage in that conduct during the closed season for black bear. It also makes it illegal to sell or purchase bear parts.

These Alabama statutes were signed into law in 2001. The laws declare that black bears are a species that require special protection in the state and make it illegal to hunt, wound, injure, kill, trap, collect, or capture a black bear, or to attempt to engage in that conduct during the closed season for black bear. It also makes it illegal to sell or purchase bear parts.

AL - Fur - § 13A-11-241. Cruelty in first and second degrees (dog/cat fur provision)

Summary: In Alabama, a person commits the crime of cruelty to a dog or cat in the first degree if he or she skins a domestic dog or cat or offers for sale or exchange or offers to buy or exchange the fur, hide, or pelt of a domestic dog or cat. Cruelty to a dog or cat in the first degree is a Class C felony.

In Alabama, a person commits the crime of cruelty to a dog or cat in the first degree if he or she skins a domestic dog or cat or offers for sale or exchange or offers to buy or exchange the fur, hide, or pelt of a domestic dog or cat. Cruelty to a dog or cat in the first degree is a Class C felony.

CA - West Hollywood - Chapter 9.48 Animal Control Regulations.

Summary:

This comprises the City of West Hollywood, California's animal control ordinances. The animal control ordinances of Los Angeles County have been adopted by reference, prohibiting animal nuisances as well as the keeping of dangerous animals. The code also defines and outlines procedures for feral cats. Uniquely, West Hollywood has a ban on onychectomy (“declawing") of domestic cats unless done as a medically necessary procedure, as well as a ban on the sale of fur (with some exceptions). Further, subject to some exemptions, the city prohibits the retail sale of cats and dogs.

This comprises the City of West Hollywood, California's animal control ordinances. The animal control ordinances of Los Angeles County have been adopted by reference, prohibiting animal nuisances as well as the keeping of dangerous animals. The code also defines and outlines procedures for feral cats. Uniquely, West Hollywood has a ban on onychectomy (“declawing") of domestic cats unless done as a medically necessary procedure, as well as a ban on the sale of fur (with some exceptions). Further, subject to some exemptions, the city prohibits the retail sale of cats and dogs.

Citizens for Responsible Wildlife Management v. State

Summary:

A citizen groups filed a declaratory judgment action against the State of Washington seeking a determination that the 2000 initiative 713 barring use of body-gripping traps, sodium fluoroacetate, or sodium cyanide to trap or kill mammals was unconstitutional.  The Supreme Court found that appellants did not show beyond a reasonable doubt that Initiative 713 violated the constitution, and thus affirmed the superior court's denial of the summary judgment motion.  The court also held that the initiative was exempt from the constitutional provision prohibiting legislation that revises or amends other acts without setting them forth at full length.

A citizen groups filed a declaratory judgment action against the State of Washington seeking a determination that the 2000 initiative 713 barring use of body-gripping traps, sodium fluoroacetate, or sodium cyanide to trap or kill mammals was unconstitutional.  The Supreme Court found that appellants did not show beyond a reasonable doubt that Initiative 713 violated the constitution, and thus affirmed the superior court's denial of the summary judgment motion.  The court also held that the initiative was exempt from the constitutional provision prohibiting legislation that revises or amends other acts without setting them forth at full length.

Bartlett v. State

Summary:

In this Florida case, the court held that the evidence was sufficient to support a conviction for felony cruelty to animals after the defendant shot an opossum "countless" times with a BB gun after the animal had left defendant's home. As a result, the animal had to be euthanized. The court wrote separately to observe that the felony cruelty section (828.12) as written creates a potential tension between conduct criminalized by the statute and the lawful pursuit of hunting. The commission of an act that causes a "cruel death" in Section 828.12 applies to even the unintended consequence of a lawful act like hunting.

In this Florida case, the court held that the evidence was sufficient to support a conviction for felony cruelty to animals after the defendant shot an opossum "countless" times with a BB gun after the animal had left defendant's home. As a result, the animal had to be euthanized. The court wrote separately to observe that the felony cruelty section (828.12) as written creates a potential tension between conduct criminalized by the statute and the lawful pursuit of hunting. The commission of an act that causes a "cruel death" in Section 828.12 applies to even the unintended consequence of a lawful act like hunting.

National Audubon Society, Inc. v. Davis

Summary:

In 1998, California voters passed Proposition 4, which restricted the use of certain kinds of traps, specifically steel-jawed leghold traps.  The National Audubon Society, among other groups, challenged the statute, arguing that it was preempted by the Endangered Species Act (ESA), the Migratory Bird Treaty Act (MBTA), and the and National Wildlife Refuge System Improvement Act (NWRSIA).  The Ninth Circuit held that the statute was preempted by the Endangered Species Act and the National Wildlife Refuge System Act.  Contrary to the trapper-plaintiffs contentions, the statute, however, did not violate the Commerce Clause.

In 1998, California voters passed Proposition 4, which restricted the use of certain kinds of traps, specifically steel-jawed leghold traps.  The National Audubon Society, among other groups, challenged the statute, arguing that it was preempted by the Endangered Species Act (ESA), the Migratory Bird Treaty Act (MBTA), and the and National Wildlife Refuge System Improvement Act (NWRSIA).  The Ninth Circuit held that the statute was preempted by the Endangered Species Act and the National Wildlife Refuge System Act.  Contrary to the trapper-plaintiffs contentions, the statute, however, did not violate the Commerce Clause.

Animal Welfare Institute v. Martin

Summary:

Animal welfare organizations sued the State of Maine under the Endangered Species Act (ESA) to stop the authorization of trapping activity that affected Canada lynx. The Court of Appeals held that such organizations had standing to sue, but that the District Court did not err in its refusal to grant a permanent injunction banning foothold traps or other relief.

Animal welfare organizations sued the State of Maine under the Endangered Species Act (ESA) to stop the authorization of trapping activity that affected Canada lynx. The Court of Appeals held that such organizations had standing to sue, but that the District Court did not err in its refusal to grant a permanent injunction banning foothold traps or other relief.

Animal Welfare Institute v. Martin

Summary:

Plaintiffs in this case filed motions for a preliminary injunction and a temporary restraining order to halt the commencement of the early coyote and fox trapping season in the state of Maine. Plaintiffs claim that the Maine Department of Inland Fisheries and Wildlife (DIFW)Commissioner had violated the ESA by allowing trapping activities that “take” Canada lynx, a threatened species. The DIFW stated that the Court has already addressed a motion for preliminary injunction and an emergency motion for temporary restraining order, with no change to circumstances. In denying Plaintiffs' Motion for Preliminary Injunction and TRO, the Court found that Plaintiffs had not sustained their burden to justify the extraordinary remedy of an injunction. Further, the Court found that the circumstances that led the Court to deny the Plaintiffs' emergency motion for a temporary restraining order have not changed.

Plaintiffs in this case filed motions for a preliminary injunction and a temporary restraining order to halt the commencement of the early coyote and fox trapping season in the state of Maine. Plaintiffs claim that the Maine Department of Inland Fisheries and Wildlife (DIFW)Commissioner had violated the ESA by allowing trapping activities that “take” Canada lynx, a threatened species. The DIFW stated that the Court has already addressed a motion for preliminary injunction and an emergency motion for temporary restraining order, with no change to circumstances. In denying Plaintiffs' Motion for Preliminary Injunction and TRO, the Court found that Plaintiffs had not sustained their burden to justify the extraordinary remedy of an injunction. Further, the Court found that the circumstances that led the Court to deny the Plaintiffs' emergency motion for a temporary restraining order have not changed.