Great Apes

Great Apes

Introduction to Legal Control Over Great Apes
David S. Favre (2011)

 

The legal control over the importation, possession and use of Great Apes in the United States is not located in any one point of our government; indeed, there are multiple control points at all three levels of government (federal, state and local) - but not in a predictable pattern.

Detailed Discussion of Great Apes under the Endangered Species Act

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Summary: This paper first examines the historical listing of Great Apes under the Endangered Species Act, including the “split listing” of chimpanzees. It then analyzes how the listing status of Great Apes limits their use in various situations such as private possession, scientific research, and entertainment. Finally, the paper discusses the applicable provisions of CITES that restrict the international trade in Great Apes.

This paper first examines the historical listing of Great Apes under the Endangered Species Act, including the “split listing” of chimpanzees. It then analyzes how the listing status of Great Apes limits their use in various situations such as private possession, scientific research, and entertainment. Finally, the paper discusses the applicable provisions of CITES that restrict the international trade in Great Apes.

Detailed Discussion of Great Apes under the CHIMP Act

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Summary: The following discussion outlines key events from the recent past that led to the surplus of chimpanzees in U.S. research facilities and the actions that the government has taken to reduce the number of chimpanzees that are maintained in those facilities. The remainder of the discussion provides a detailed analysis of the Chimpanzee Health Improvement, Maintenance, and Protection Act and an overview of the current status of the national chimpanzee sanctuary system.

The following discussion outlines key events from the recent past that led to the surplus of chimpanzees in U.S. research facilities and the actions that the government has taken to reduce the number of chimpanzees that are maintained in those facilities. The remainder of the discussion provides a detailed analysis of the Chimpanzee Health Improvement, Maintenance, and Protection Act and an overview of the current status of the national chimpanzee sanctuary system.

Detailed Discussion of Great Apes under the AWA

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Summary: This paper first addresses the need for protection of Great Apes by the Animal Welfare Aact (AWA), and the method by which they are afforded that protection. It then identifies and analyzes the types of activities that are regulated under the AWA, including commercial trade, exhibition, scientific research, and transportation. The Act requires that apes possessed for any of those purposes are maintained pursuant to certain minimum standards of care. Those standards are outlined and explained in Section IV. While APHIS is ultimately responsible for enforcing the AWA and USDA regulations, the agency does not have exclusive regulatory authority over apes used for those purposes. In addition to a variety of other federal laws, all regulated facilities must comply with all state and local laws governing the import, possession, use, and treatment of apes. The final portion of this paper analyzes the effect that the AWA has on those state and local laws.

This paper first addresses the need for protection of Great Apes by the Animal Welfare Aact (AWA), and the method by which they are afforded that protection. It then identifies and analyzes the types of activities that are regulated under the AWA, including commercial trade, exhibition, scientific research, and transportation. The Act requires that apes possessed for any of those purposes are maintained pursuant to certain minimum standards of care. Those standards are outlined and explained in Section IV. While APHIS is ultimately responsible for enforcing the AWA and USDA regulations, the agency does not have exclusive regulatory authority over apes used for those purposes. In addition to a variety of other federal laws, all regulated facilities must comply with all state and local laws governing the import, possession, use, and treatment of apes. The final portion of this paper analyzes the effect that the AWA has on those state and local laws.