Primate Issues

Detailed Discussion of Maine Great Ape Laws

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Summary: The following article discusses Maine Great Ape law. While Maine does not ban the private possession of great apes, the state only issues licenses to keep apes to a select few. The state of Maine controls possession and importation of great apes under its exotic pet law and accompanying regulations.Private possession of great apes in the state is allowed but quite limited. However, state law and accompanying regulations clearly allow the use of apes and other wild animals in exhibitions, wildlife rehabilitation, and research facilities. While these regulations specifically address the caging requirements for great apes, enforcement and inspection provisions are vague. As is true with many states, there is not an overall law that directly addresses the possession of apes or the specific needs of apes in captivity.

The following article discusses Maine Great Ape law. While Maine does not ban the private possession of great apes, the state only issues licenses to keep apes to a select few. The state of Maine controls possession and importation of great apes under its exotic pet law and accompanying regulations.Private possession of great apes in the state is allowed but quite limited. However, state law and accompanying regulations clearly allow the use of apes and other wild animals in exhibitions, wildlife rehabilitation, and research facilities. While these regulations specifically address the caging requirements for great apes, enforcement and inspection provisions are vague. As is true with many states, there is not an overall law that directly addresses the possession of apes or the specific needs of apes in captivity.

Detailed Discussion of Louisiana Great Ape Laws

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Summary: According to the Louisiana Wildlife and Fisheries Commission (LWFC), the possession of certain nonhuman primates “poses significant hazards to public safety and health,” and “is detrimental to the welfare of the animals.” The following discussion begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries.

According to the Louisiana Wildlife and Fisheries Commission (LWFC), the possession of certain nonhuman primates “poses significant hazards to public safety and health,” and “is detrimental to the welfare of the animals.” The following discussion begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries.

Detailed Discussion of Kentucky Great Ape Laws

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Summary: In Kentucky, all chimpanzees, gorillas, bonobos, orangutans, and gibbons are classified as “inherently dangerous” exotic wildlife by the Department of Fish and Wildlife Resources (DFWR). The following discussion begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries.

In Kentucky, all chimpanzees, gorillas, bonobos, orangutans, and gibbons are classified as “inherently dangerous” exotic wildlife by the Department of Fish and Wildlife Resources (DFWR). The following discussion begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries.

People ex rel. Nonhuman Rights Project, Inc. v. Lavery

Summary: This case is an appeal from a Supreme Court judgment denying petitioner's application for an order to show cause to commence a CPLR article 70 proceeding. At issue is the legal status of a chimpanzee named Tommy who is being kept on respondents' property. Petitioners filed a habeas corpus proceeding pursuant to CPLR article 70 on the ground that Tommy was being unlawfully detained by respondents. They offered support via affidavits of experts that chimpanzee have the requisite characteristics sufficient for a court to consider them "persons" to obtain personal autonomy and freedom from unlawful detention. The Court of Appeals here is presented with the novel question on whether a chimpanzee is a legal person entitled to the rights and protections afforded by the writ of habeas corpus. In rejecting this designation, the Court relied on the fact that chimpanzees cannot bear any legal responsibilities or social duties. As such, the Court found it "inappropriate to confer upon chimpanzees the legal rights . . . that have been afforded to human beings."

This case is an appeal from a Supreme Court judgment denying petitioner's application for an order to show cause to commence a CPLR article 70 proceeding. At issue is the legal status of a chimpanzee named Tommy who is being kept on respondents' property. Petitioners filed a habeas corpus proceeding pursuant to CPLR article 70 on the ground that Tommy was being unlawfully detained by respondents. They offered support via affidavits of experts that chimpanzee have the requisite characteristics sufficient for a court to consider them "persons" to obtain personal autonomy and freedom from unlawful detention. The Court of Appeals here is presented with the novel question on whether a chimpanzee is a legal person entitled to the rights and protections afforded by the writ of habeas corpus. In rejecting this designation, the Court relied on the fact that chimpanzees cannot bear any legal responsibilities or social duties. As such, the Court found it "inappropriate to confer upon chimpanzees the legal rights . . . that have been afforded to human beings."

Chimps, Inc., International Primate League, and Marguerite Gordon v. Primarily Primates, Inc.

Summary: Plaintiffs Chimps, Inc., International Primate Protection League, and Marguerite Gordon (collectively known as the plaintiffs) file this Complaint for declaratory relief, quantum meruit, and a lien for services against Defendant Primary Primates, Inc. (PPI). In this complaint, plaintiffs allege that PPI had over 700 animals, most of them nonhuman primates, living in abusive, substandard and dangerous conditions.

Plaintiffs Chimps, Inc., International Primate Protection League, and Marguerite Gordon (collectively known as the plaintiffs) file this Complaint for declaratory relief, quantum meruit, and a lien for services against Defendant Primary Primates, Inc. (PPI). In this complaint, plaintiffs allege that PPI had over 700 animals, most of them nonhuman primates, living in abusive, substandard and dangerous conditions.

Habeas Corpus para Chimpanzé - Íntegra (portuguese)

Summary: Heron J. de Santana e Luciano R. Santana ajuizar ação nos termos do art. 5 °, LXVIII, Constituição do Brasil. E, art. 647, Código de Processo Penal. Os peticionários buscar a Grande Writ em nome de Suíça, Chimpanzé (nome científico Pan Troglodytes), que é um prisioneiro no Zoológico de Getúlio Vargas, para alívio de ato ilegal e abusivo perpetrado por o diretor da Secretaria de Governo para a Biodiversidade, Meio Ambiente e da Água Recursos. Este é o primeiro caso de considerar que um chimpanzé pode ser uma pessoa jurídica de vir perante o tribunal no âmbito de um pedido de Habeas Corpus.

Heron J. de Santana e Luciano R. Santana ajuizar ação nos termos do art. 5 °, LXVIII, Constituição do Brasil. E, art. 647, Código de Processo Penal. Os peticionários buscar a Grande Writ em nome de Suíça, Chimpanzé (nome científico Pan Troglodytes), que é um prisioneiro no Zoológico de Getúlio Vargas, para alívio de ato ilegal e abusivo perpetrado por o diretor da Secretaria de Governo para a Biodiversidade, Meio Ambiente e da Água Recursos. Este é o primeiro caso de considerar que um chimpanzé pode ser uma pessoa jurídica de vir perante o tribunal no âmbito de um pedido de Habeas Corpus.

US - Chimpanzees - § 283m. Sanctuary system for surplus chimpanzees (CHIMP Act)

Summary: This Act provides a system of sanctuaries to provide for the lifetime care of chimpanzees not needed for research that have been used, or were bred or purchased for use, in research conducted or supported by the National Institutes of Health, the Food and Drug Administration, or other agencies of the Federal Government. The Act lists, among other things, requirements for the sanctuaries, criteria for "acceptable" chimpanzees, restrictions on further research of these chimpanzees, and establishment of contracts to entities providing care in the system.

This Act provides a system of sanctuaries to provide for the lifetime care of chimpanzees not needed for research that have been used, or were bred or purchased for use, in research conducted or supported by the National Institutes of Health, the Food and Drug Administration, or other agencies of the Federal Government. The Act lists, among other things, requirements for the sanctuaries, criteria for "acceptable" chimpanzees, restrictions on further research of these chimpanzees, and establishment of contracts to entities providing care in the system.

US - Apes - Great Apes Conservation Act of 2000

Summary: 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.

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.

AR - Primates - Subchapter 6. Nonhuman Primates

Summary: This 2013 Act prohibits the importing, possession, selling, or breeding of apes, baboons, and macques. It is unlawful under the act for a person to allow a member of the public to come into direct contact with a primate. Further, a person cannot tether a primate outdoors or allow a primate to run at-large. The section does not apply to accredited AZA institutions, AWA regulated research facilities, wildlife sanctuaries, temporary holding facilities, licensed veterinarians providing treatment, law enforcement officers, circuses holding AWA Class C licenses as provided, and those temporarily in the state. The act has a grandfathering provision that allows a person at least 18 years of age to continue to possess the restricted primate if within 180 days after the effective date of the act the person registers the animal per § 20-19-605 and follows other listed requirements.

This 2013 Act prohibits the importing, possession, selling, or breeding of apes, baboons, and macques. It is unlawful under the act for a person to allow a member of the public to come into direct contact with a primate. Further, a person cannot tether a primate outdoors or allow a primate to run at-large. The section does not apply to accredited AZA institutions, AWA regulated research facilities, wildlife sanctuaries, temporary holding facilities, licensed veterinarians providing treatment, law enforcement officers, circuses holding AWA Class C licenses as provided, and those temporarily in the state. The act has a grandfathering provision that allows a person at least 18 years of age to continue to possess the restricted primate if within 180 days after the effective date of the act the person registers the animal per § 20-19-605 and follows other listed requirements.