Wildlife

VT - Endangered wildlife - Chapter 124. Trade in Covered Animal Parts or Products

Summary: This Vermont chapter, enacted in 2022, relates to the trade in certain animal products. Under the law, a person shall not purchase, sell, offer for sale, or possess with intent to sell any item that the person knows or should know is a covered animal part or product. A covered animal part includes certain big cat species, elephants, giraffes, hippopotamuses, mammoths, mastodons, pangolins, endangered rays, rhinoceroses, sea turtles, endangered sharks, certain whales, and certain ape species. Exceptions exist for activities authorized under federal law, parts with "antique status" as defined, among others. For a first offense, a person shall be assessed an administrative penalty of not more than $1,000.00 nor less than $400.00.

This Vermont chapter, enacted in 2022, relates to the trade in certain animal products. Under the law, a person shall not purchase, sell, offer for sale, or possess with intent to sell any item that the person knows or should know is a covered animal part or product. A covered animal part includes certain big cat species, elephants, giraffes, hippopotamuses, mammoths, mastodons, pangolins, endangered rays, rhinoceroses, sea turtles, endangered sharks, certain whales, and certain ape species. Exceptions exist for activities authorized under federal law, parts with "antique status" as defined, among others. For a first offense, a person shall be assessed an administrative penalty of not more than $1,000.00 nor less than $400.00.

CO - Environment - Ley 1333, 2009

Summary: Ley 1333, 2009, establishes the fines, sanctions, injunctions, and corresponding procedures for violations of environmental regulations. It establishes provisional dispositions, preventive seizure procedures of flora and fauna, and guidelines on how to proceed when the environmental authority does not have the infrastructure or equipment to keep wildlife individual specimens. It creates information portals for the control of environmental regulations called the Unique Registry of Environmental Wrongdoers (RUIA), and the Wildlife Information Portal (PIFS).

Ley 1333, 2009, establishes the fines, sanctions, injunctions, and corresponding procedures for violations of environmental regulations. It establishes provisional dispositions, preventive seizure procedures of flora and fauna, and guidelines on how to proceed when the environmental authority does not have the infrastructure or equipment to keep wildlife individual specimens. It creates information portals for the control of environmental regulations called the Unique Registry of Environmental Wrongdoers (RUIA), and the Wildlife Information Portal (PIFS).

CO - Wildlife - Ley 2111

Summary: Ley 2111, 2021, is the law for environmental crimes. The focus is to protect the national ecosystems and the nation’s natural patrimony. This law creates new crimes and strengthens existing ones concerning national wildlife by imposing up to 12 years (60-135 months) of prison and monetary fines of 40,000 minimum wages for illegal trafficking. More specifically, with regards to wildlife, the law punishes “those who traffic, acquire, export or trade without authorization from the competent authority or in violation of existing regulations, specimens, products or parts of aquatic, wild fauna or exotic wild species.” The new crimes created under this law are deforestation, its promotion and financing; wildlife trafficking; the financing of the invasion of areas of special ecological importance; and the financing and illegal appropriation of vacant lands belonging to the nation. The sanctions for the crimes of damage to natural resources and ecocide, illegal hunting and fishing, the illegal use of renewable natural resources, and environmental contamination were strengthened.

Ley 2111, 2021, is the law for environmental crimes. The focus is to protect the national ecosystems and the nation’s natural patrimony. This law creates new crimes and strengthens existing ones concerning national wildlife by imposing up to 12 years (60-135 months) of prison and monetary fines of 40,000 minimum wages for illegal trafficking. More specifically, with regards to wildlife, the law punishes “those who traffic, acquire, export or trade without authorization from the competent authority or in violation of existing regulations, specimens, products or parts of aquatic, wild fauna or exotic wild species.” The new crimes created under this law are deforestation, its promotion and financing; wildlife trafficking; the financing of the invasion of areas of special ecological importance; and the financing and illegal appropriation of vacant lands belonging to the nation. The sanctions for the crimes of damage to natural resources and ecocide, illegal hunting and fishing, the illegal use of renewable natural resources, and environmental contamination were strengthened.

Sentencia 25000-23-24-000-2011-00227-01(AP)

Summary: Update: on December 12, 2014, the State Council's Fourth Chamber invalidated the Third Chamber's decision by revoking defendant's license to capture monkeys on the Amazon. This decision resulted from a "Tutela" filed by the defendants arguing procedural and substantive errors. In its decision, State Council stated that the Third Chamber, Subsection C, had violated the fundamental rights to due process and scientific investigation. Therefore, defendants are allowed to hunt and capture night monkeys in the Amazon so long as they meet the requirements and conditions for granting such licenses established in Resolutions 028 of May 13, 2010, and 0632 of June 29, 2919. This case concerns the monkeys used in scientific research in the Colombian Amazon to create a malaria vaccine. In 2012, plaintiff, a primatologist, raised before the Administrative Tribunal in Cundinamarca a series of irregularities incurred by the defendant in the capture and treatment of night monkeys (Aotus vociferans). Through a popular action (A constitutional mechanism to protect collective rights), the plaintiff argued that the defendants were violating collective rights such as administrative morality, the existence of ecological balance and the management and rational use of natural resources, and public safety and health. The defendant, "Fundación Instituto de Inmunología de Colombia" (FIDIC), is a scientific institution dedicated to research and scientific study for creating and developing chemically synthesized vaccines. Manuel Elkin Patarroyo, the Director, is a renowned Colombian scientist and the creator of the first vaccine against malaria accepted by the World Health Organisation (WHO). Patarroyo had a license to hunt and capture 800 primates of this species per year for his research against malaria. In her complaint, plaintiff alleged that Patarroyo was illegally trafficking monkeys from Brazil and Peru to Colombian territory, as there was evidence that they were using monkeys from across the border with these countries without complying with legal importation requirements. Furthermore, the plaintiff argued that the defendant was experimenting on monkeys of a different species (Aotus nancymaae) found in Peru and Brazil, for which they did not have the corresponding license. Plaintiff also alleged that specimens of both species were acquired by paying members of native indigenous groups, who captured the animals without permit or supervision from respective authorities. In addition, the plaintiff alleged that governmental authorities did not perform inspections, and there were no records of how many specimens were being used and how they were being treated. Finally, the plaintiff alleged that the defendants released surviving monkeys infected with malaria back into the wild once they were of no use to the laboratory, ignoring the risks that this posed to the ecosystem and indigenous communities. The Administrative Tribunal in Cundinamarca ruled in favor of the plaintiff, revoking the defendant's permit to capture monkeys in the Amazon. Defendants appealed the decision before the Third Chamber of the State Council, which affirmed the revocation of the license. The State Council stated that the defendants had violated the collective rights and affirmed the license revocation to protect the collective rights of wild animals, particularly of the Aotus Vociferans monkeys. This ruling suspended the investigations and ordered disciplinary investigations against the governmental authorities that issued the license. In affirming the tribunal's decision, the court stated: "To the Colombian legislator, animals and plant species (for example, forests, the Amazon, páramos, water sources, resources, etc.) are subject to rights. Therefore, through popular action, any person can request their protection by acting as an unofficial agent of these entities without it being possible to acknowledge that it is a collective-subjective right belonging to society. On the contrary, it is about the express recognition by the Constitution and the Colombian legislator of attributing value in themselves to animals and plant species, for which, in each specific case, the judge must make a judgment by weighting competing interests" (...) "humans can use animals for survival, company, research, work, or recreational activities, but without violating the rights that assist them."

Update: on December 12, 2014, the State Council's Fourth Chamber invalidated the Third Chamber's decision by revoking defendant's license to capture monkeys on the Amazon. This decision resulted from a "Tutela" filed by the defendants arguing procedural and substantive errors. In its decision, State Council stated that the Third Chamber, Subsection C, had violated the fundamental rights to due process and scientific investigation. Therefore, defendants are allowed to hunt and capture night monkeys in the Amazon so long as they meet the requirements and conditions for granting such licenses established in Resolutions 028 of May 13, 2010, and 0632 of June 29, 2919. This case concerns the monkeys used in scientific research in the Colombian Amazon to create a malaria vaccine. In 2012, plaintiff, a primatologist, raised before the Administrative Tribunal in Cundinamarca a series of irregularities incurred by the defendant in the capture and treatment of night monkeys (Aotus vociferans). Through a popular action (A constitutional mechanism to protect collective rights), the plaintiff argued that the defendants were violating collective rights such as administrative morality, the existence of ecological balance and the management and rational use of natural resources, and public safety and health. The defendant, "Fundación Instituto de Inmunología de Colombia" (FIDIC), is a scientific institution dedicated to research and scientific study for creating and developing chemically synthesized vaccines. Manuel Elkin Patarroyo, the Director, is a renowned Colombian scientist and the creator of the first vaccine against malaria accepted by the World Health Organisation (WHO). Patarroyo had a license to hunt and capture 800 primates of this species per year for his research against malaria. In her complaint, plaintiff alleged that Patarroyo was illegally trafficking monkeys from Brazil and Peru to Colombian territory, as there was evidence that they were using monkeys from across the border with these countries without complying with legal importation requirements. Furthermore, the plaintiff argued that the defendant was experimenting on monkeys of a different species (Aotus nancymaae) found in Peru and Brazil, for which they did not have the corresponding license. Plaintiff also alleged that specimens of both species were acquired by paying members of native indigenous groups, who captured the animals without permit or supervision from respective authorities. In addition, the plaintiff alleged that governmental authorities did not perform inspections, and there were no records of how many specimens were being used and how they were being treated. Finally, the plaintiff alleged that the defendants released surviving monkeys infected with malaria back into the wild once they were of no use to the laboratory, ignoring the risks that this posed to the ecosystem and indigenous communities. The Administrative Tribunal in Cundinamarca ruled in favor of the plaintiff, revoking the defendant's permit to capture monkeys in the Amazon. Defendants appealed the decision before the Third Chamber of the State Council, which affirmed the revocation of the license. The State Council stated that the defendants had violated the collective rights and affirmed the license revocation to protect the collective rights of wild animals, particularly of the Aotus Vociferans monkeys. This ruling suspended the investigations and ordered disciplinary investigations against the governmental authorities that issued the license. In affirming the tribunal's decision, the court stated: "To the Colombian legislator, animals and plant species (for example, forests, the Amazon, páramos, water sources, resources, etc.) are subject to rights. Therefore, through popular action, any person can request their protection by acting as an unofficial agent of these entities without it being possible to acknowledge that it is a collective-subjective right belonging to society. On the contrary, it is about the express recognition by the Constitution and the Colombian legislator of attributing value in themselves to animals and plant species, for which, in each specific case, the judge must make a judgment by weighting competing interests" (...) "humans can use animals for survival, company, research, work, or recreational activities, but without violating the rights that assist them."

BO - Wildlife - Ley No. 1333

Summary: This is the most important law regarding the protection of the environment and natural resources in Bolivia. It regulates human interaction with nature and promotes sustainable development to improve the quality of life of the population. Under this law, wildlife trafficking is punished with up to 6 years of imprisonment.

This is the most important law regarding the protection of the environment and natural resources in Bolivia. It regulates human interaction with nature and promotes sustainable development to improve the quality of life of the population. Under this law, wildlife trafficking is punished with up to 6 years of imprisonment.

BO - Wildife - Ley N° 12301

Summary: The "wildlife, national parks, hunting, and fishing law," regulates the protection, use, transportation, and commercialization of wildlife and its products, and the protection of endangered species, among other things. It encourages the rational and sustainable use of wildlife and natural resources.

The "wildlife, national parks, hunting, and fishing law," regulates the protection, use, transportation, and commercialization of wildlife and its products, and the protection of endangered species, among other things. It encourages the rational and sustainable use of wildlife and natural resources.

AR - Wildlife - LEY Nº 22.421

Summary: This law declares the wild fauna in the Territory to be of public interest, as well as its protection, conservation, propagation, repopulation, and rational use. Citizens have the duty to protect the wild fauna, in accordance with the regulations issued by the enforcement authorities for its conservation and management.

This law declares the wild fauna in the Territory to be of public interest, as well as its protection, conservation, propagation, repopulation, and rational use. Citizens have the duty to protect the wild fauna, in accordance with the regulations issued by the enforcement authorities for its conservation and management.

MD - Wildlife - § 10-427. Organized killing contests prohibited

Summary: This Maryland statute, enacted in 2021, states that a person may not sponsor, conduct, or participate in a contest organized in the State that has the objective of killing a coyote, fox, or raccoon for prizes or monetary rewards. A person is subject to a fine of $50 for each coyote, fox, or raccoon killed in violation of this law.

This Maryland statute, enacted in 2021, states that a person may not sponsor, conduct, or participate in a contest organized in the State that has the objective of killing a coyote, fox, or raccoon for prizes or monetary rewards. A person is subject to a fine of $50 for each coyote, fox, or raccoon killed in violation of this law.

Los Altos Boots v. Bonta

Summary: This unpublished California case considers the application of the recently amended statute (Penal Code section 653o), which makes it "unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of an iguana, skink, caiman, hippopotamus, or a Teju, Ring, or Nile lizard" beginning January 1, 2022. The instant case concerns the importation of some caiman products. The businesses bringing the suit seek the enjoin the caiman prohibition while the lawsuit is pending. While the state contends that the plaintiffs lack standing because the claim is unripe, the court found the three-part standing test was satisfied. The court also found that the extraordinary remedy of a preliminary injunction was justified where plaintiffs are likely to succeed on the merits, the plaintiffs will suffer irreparable economic harm if section 653o goes into effect on January 1st that cannot not be mitigated by damages, and the balance of harms favors plaintiffs. Specifically, the court found that section 653o will create a "clear conflict between that section and the Endangered Species Act" and plaintiffs have demonstrated a serious harm to their businesses. The court declined to "wade into a policy dispute "whether California's or the United States’ wildlife protections are superior." The motion for a preliminary injunction was granted. The defendants, their employees, agents, and successors in office are enjoined from enforcing California Penal Code sections 653o(c) and 653r in connection with the importation, possession, or sale of caiman bodies, parts, or products until the final disposition of this case.

This unpublished California case considers the application of the recently amended statute (Penal Code section 653o), which makes it "unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of an iguana, skink, caiman, hippopotamus, or a Teju, Ring, or Nile lizard" beginning January 1, 2022. The instant case concerns the importation of some caiman products. The businesses bringing the suit seek the enjoin the caiman prohibition while the lawsuit is pending. While the state contends that the plaintiffs lack standing because the claim is unripe, the court found the three-part standing test was satisfied. The court also found that the extraordinary remedy of a preliminary injunction was justified where plaintiffs are likely to succeed on the merits, the plaintiffs will suffer irreparable economic harm if section 653o goes into effect on January 1st that cannot not be mitigated by damages, and the balance of harms favors plaintiffs. Specifically, the court found that section 653o will create a "clear conflict between that section and the Endangered Species Act" and plaintiffs have demonstrated a serious harm to their businesses. The court declined to "wade into a policy dispute "whether California's or the United States’ wildlife protections are superior." The motion for a preliminary injunction was granted. The defendants, their employees, agents, and successors in office are enjoined from enforcing California Penal Code sections 653o(c) and 653r in connection with the importation, possession, or sale of caiman bodies, parts, or products until the final disposition of this case.