Rehabilitation, wildlife

WA - Rehabilitation - 77.15.800. Engaging in wildlife rehabilitation without a permit--Penalty

Summary: This Washington law provides that a person is guilty of guilty of engaging in wildlife rehabilitation without a permit if the person captures, transports, treats, feeds, houses, conditions, or trains injured, diseased, oiled, or abandoned wildlife without department authority for temporary actions or a wildlife rehabilitation permit issued by the department. A violation of this section is a misdemeanor.

This Washington law provides that a person is guilty of guilty of engaging in wildlife rehabilitation without a permit if the person captures, transports, treats, feeds, houses, conditions, or trains injured, diseased, oiled, or abandoned wildlife without department authority for temporary actions or a wildlife rehabilitation permit issued by the department. A violation of this section is a misdemeanor.

Colombia, DECRETO 1608, 1978

Summary: Decreto 1608 regulates the Code of Natural Renewable Resources and environmental protection regarding terrestrial wildlife, as well as all the activities and products relating to this resource. Even though Decreto 1608, lays out general dispositions for the conservation and protection of terrestrial wildlife, Article 5 establishes that Decreto 1608 applies to “the management of cetaceans, sirenians, pinnipeds, marine and semi-aquatic birds, sea turtles and fresh or brackish water, anuran batrachians and all other species that do not complete their life cycle in the aquatic environment, but that depend on it for their subsistence.” In order to guarantee the efficient use of wildlife and its products, Decreto 1608, requires specific licenses for the exploitation of wildlife and its products. It establishes the parameters and limitations for the activity of hunting and the granting of licenses for this purpose.

Decreto 1608 regulates the Code of Natural Renewable Resources and environmental protection regarding terrestrial wildlife, as well as all the activities and products relating to this resource. Even though Decreto 1608, lays out general dispositions for the conservation and protection of terrestrial wildlife, Article 5 establishes that Decreto 1608 applies to “the management of cetaceans, sirenians, pinnipeds, marine and semi-aquatic birds, sea turtles and fresh or brackish water, anuran batrachians and all other species that do not complete their life cycle in the aquatic environment, but that depend on it for their subsistence.” In order to guarantee the efficient use of wildlife and its products, Decreto 1608, requires specific licenses for the exploitation of wildlife and its products. It establishes the parameters and limitations for the activity of hunting and the granting of licenses for this purpose.

Evelyn Alexander Wildlife Rescue Ctr. Inc. v. New York State Dep't of Envtl. Conservation

Summary: Petitioners, licensed wildlife rehabilitators with New York Wildlife Rehabilitation Licenses (WRL), challenged two statewide modifications to the WRL pertaining to white-tailed deer, which became effective in 2016. Petitioners contend these actions violated the state Administrative Procedures Act (SAPA). Additionally, they argue the modifications were irrational, arbitrary, capricious, and an abuse of discretion, and WRLs were improperly modified without a prior State Environmental Quality Review Act (SEQRA). The first modification limits the time white-tailed fawns can be held for rehabilitation to a period of only April 15 to September 15 (absent prior written approval). The second modification limits the maximum holding period for an adult white-tailed deer (before release or euthanization) to 48-hours. This court did not find either modification was arbitrary, capricious, or an abuse of discretion. In response to the challenges, the state, through a wildlife biologist, contends they are intended to prevent habituation and the spread of chronic wasting diseased (CWD). The explanatory statements provided for the modifications support reasonable and rational interpretations of rehabilitation and do not violate the SAPA. The September 15th cut-off day for fawns was based on scientific research conducted by the state's "Big Game Team" that sought to address issues of disease as well as "a documented pattern of licensed wildlife rehabilitators in New York who have been reluctant to either euthanize or release white-tailed deer." As to the modification for adult deer, there was a rational basis since that time period allows the care of a temporarily stunned deer in need of a short rehabilitation period balanced against disease and habituation concerns. The court also found that the issuance of WRL is a ministerial action exemption from environmental review under SEQRA. The petitions in this consolidated action were denied in their entirety and the proceeding dismissed.

Petitioners, licensed wildlife rehabilitators with New York Wildlife Rehabilitation Licenses (WRL), challenged two statewide modifications to the WRL pertaining to white-tailed deer, which became effective in 2016. Petitioners contend these actions violated the state Administrative Procedures Act (SAPA). Additionally, they argue the modifications were irrational, arbitrary, capricious, and an abuse of discretion, and WRLs were improperly modified without a prior State Environmental Quality Review Act (SEQRA). The first modification limits the time white-tailed fawns can be held for rehabilitation to a period of only April 15 to September 15 (absent prior written approval). The second modification limits the maximum holding period for an adult white-tailed deer (before release or euthanization) to 48-hours. This court did not find either modification was arbitrary, capricious, or an abuse of discretion. In response to the challenges, the state, through a wildlife biologist, contends they are intended to prevent habituation and the spread of chronic wasting diseased (CWD). The explanatory statements provided for the modifications support reasonable and rational interpretations of rehabilitation and do not violate the SAPA. The September 15th cut-off day for fawns was based on scientific research conducted by the state's "Big Game Team" that sought to address issues of disease as well as "a documented pattern of licensed wildlife rehabilitators in New York who have been reluctant to either euthanize or release white-tailed deer." As to the modification for adult deer, there was a rational basis since that time period allows the care of a temporarily stunned deer in need of a short rehabilitation period balanced against disease and habituation concerns. The court also found that the issuance of WRL is a ministerial action exemption from environmental review under SEQRA. The petitions in this consolidated action were denied in their entirety and the proceeding dismissed.

South Africa - Biological Diversity - Regulations

Summary: These South African regulations were made relating to listed threatened and protected species of the National Environmental Management: Biodiversity Act, 2004. The purpose of these regulations is to further regulate the permit system set out in Chapter 7 of the Biodiversity Act insofar as that system applies to restricted activities involving specimens of listed threatened or protected species; to provide for the registration of captive breeding operations, commercial exhibition facilities, game farms, nurseries, scientific institutions, sanctuaries and rehabilitation facilities and wildlife traders; to provide for the regulation of the carrying out of a specific restricted activity, namely hunting; to provide for the prohibition of specific restricted activities involving specific listed threatened or protected species; to provide for the protection of wild populations of listed threatened species; and to provide for the composition and operating procedure of the Scientific Authority.

These South African regulations were made relating to listed threatened and protected species of the National Environmental Management: Biodiversity Act, 2004. The purpose of these regulations is to further regulate the permit system set out in Chapter 7 of the Biodiversity Act insofar as that system applies to restricted activities involving specimens of listed threatened or protected species; to provide for the registration of captive breeding operations, commercial exhibition facilities, game farms, nurseries, scientific institutions, sanctuaries and rehabilitation facilities and wildlife traders; to provide for the regulation of the carrying out of a specific restricted activity, namely hunting; to provide for the prohibition of specific restricted activities involving specific listed threatened or protected species; to provide for the protection of wild populations of listed threatened species; and to provide for the composition and operating procedure of the Scientific Authority.

MN - Exotic pet - 346.155. Possessing regulated animals

Summary: This Minnesota law defines "regulated animal" to mean all members of the Felidae family except the domestic cat, bears, and all non-human primates. Unless a person possessed a regulated animal on or before January 1, 2005, and came into compliance with AWA regulations, possession of the above-mentioned regulated animals is unlawful. A person who lawfully possessed a regulated animal before that date, must comply with registration, microchipping, fee, and inspection requirements.

This Minnesota law defines "regulated animal" to mean all members of the Felidae family except the domestic cat, bears, and all non-human primates. Unless a person possessed a regulated animal on or before January 1, 2005, and came into compliance with AWA regulations, possession of the above-mentioned regulated animals is unlawful. A person who lawfully possessed a regulated animal before that date, must comply with registration, microchipping, fee, and inspection requirements.

ME - Fish and Wildlife Management Research - Chapter 925. Fish and Wildlife Management and Research

Summary: The following statutes give the Maine Commissioner of Inland Fisheries and Wildlife the authority to make regulations for hunting, fishing, trapping or other public use of any wildlife management area or wildlife sanctuary. These statutes also provide civil and criminal penalties for violating the rules regulating state-owned wildlife management areas, state game farms, and scientific permits, while also detailing prohibited activity in wildlife sanctuaries. Additionally, these statutes also reveal the wildlife management areas and wildlife sanctuaries that are under the commissioner's authority.

The following statutes give the Maine Commissioner of Inland Fisheries and Wildlife the authority to make regulations for hunting, fishing, trapping or other public use of any wildlife management area or wildlife sanctuary. These statutes also provide civil and criminal penalties for violating the rules regulating state-owned wildlife management areas, state game farms, and scientific permits, while also detailing prohibited activity in wildlife sanctuaries. Additionally, these statutes also reveal the wildlife management areas and wildlife sanctuaries that are under the commissioner's authority.

GA - Wildlife rehabilitation - Chapter 2. Licenses, Permits, and Stamps Generally

Summary: This Georgia law makes it unlawful for any person to keep sick or injured wildlife without first obtain a wildlife rehabilitation permit from the state department.

This Georgia law makes it unlawful for any person to keep sick or injured wildlife without first obtain a wildlife rehabilitation permit from the state department.

US - Funding State - Pittman-Roberson Act (Chapter 5B. Wildlife Restoration)

Summary: 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.

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.

CA - Abandonment - § 597s. Abandonment of animals

Summary: This statute makes it a misdemeanor to willfully abandon an animal, but does not apply to the release or rehabilitation and release of native California wildlife pursuant to statute or regulations of the California Department of Fish and Game.

This statute makes it a misdemeanor to willfully abandon an animal, but does not apply to the release or rehabilitation and release of native California wildlife pursuant to statute or regulations of the California Department of Fish and Game.