Wildlife

Summary:

This Chapter provides a review of the political, legislative and judicial trends which have shaped the formation of the "tangle" of federal wildlife and related environmental laws, from the early 1900s to the present.

Summary:

This table, developed by Joyce Tischler of ALDF, summarizes the pertinent federal regulations and state laws related to dogs chasing wildlife. External links to state DNR sites listing further rules are also provided.

Summary:

A discussion of the scope of the bear parts trade around the world, and threats to bears caused by the demand for their gallbladders for use in traditional Chinese medicine. Discusses the failure of both international and domestic law to accurately address the problem, and the need for additional legislation.

Summary:

Despite attempts to modernize Ghana’s wildlife laws, they remain largely ineffective and inadequate. However, in the absence of adequate wildlife legislation, the various cultural values in Africa have accepted the task of conserving Africa’s wildlife

Summary:

This article is divided into three parts. Part I explores how federal courts have defined and analyzed the issue of irreparable harm in cases similar to Humane Society, in which plaintiffs seek preliminary injunctions to prevent the killing of wildlife until their cases can be heard on the merits. In Part II, the author asserts that reform is needed in this area of the law for two primary reasons. In Part III, the author proposes a new model directing courts to define the scope and nature of the harm to be considered by looking to the “primary purpose” of the statute at issue.

Summary:

The rate of private possession of wild animals in the United States has escalated in recent years. Laws at the federal, state, and local levels remain woefully inadequate to the task of addressing the treatment and welfare of the animals themselves and many animals “slip through the cracks,” resulting in abuse, neglect, and often death. This article explores numerous facets of problems inherent in the private possession of exotic animals.

Summary:

Part I of this article discusses the scope of the illegal wildlife trade and the various federal statutes addressing that problem. Part II discusses the legislative history of the Lacey Act and its companion statute, the Black Bass Act, including their ultimate combination into one law in 1981 and the Lacey Act's latest amendments in 1988. Part III discusses the elements necessary to prove a Lacey Act trafficking violation, analyzes judicial interpretations of the Act's statutory language, and considers available sanctions. Part IV discusses issues that may arise in Lacey Act litigation, including specific requirements of the underlying "predicate" law.

Summary: In 2004, the Colorado legislature amended its wildlife statutes, formally recognizing the existence of private, non-profit wildlife sanctuaries under the jurisdiction of the Colorado Division of Wildlife (CDOW). Opponents to the 2004 amendments and CDOW staff have repeatedly expressed concerns that private sanctuaries should not be authorized in the absence of regulations and enforcement mechanisms sufficient to protect the animals and the people who come into contact with them. In implementing the sanctuary statute, CDOW has followed a familiar pattern, relying on the accreditation program of the American Association of Zoological Parks and Aquariums (AZA) to provide the basis of its regulations. In doing so, CDOW has failed to understand that the AZA standards are wholly inappropriate for sanctuaries; they are inadequate to protect the safety of animals and humans; and they are overly burdensome and even diametrically opposed to the status and goals of private, non-profit wildlife sanctuaries. Instead, CDOW could have acknowledged the stringent, comprehensive, extensive standards promulgated by The Association of Sanctuaries (TAOS), which are carefully tailored to the operations of sanctuaries. This article considers the plight of Colorado wildlife sanctuaries, which is by no means peculiar to the state of Colorado, and carefully examines the standards promulgated by the AZA and by TAOS. The article concludes that the TAOS accreditation program would have provided a significantly better basis for sanctuary regulation, and that by failing to take advantage of this, CDOW has missed an important opportunity to create a nexus between trust, compassion, and regulation.

Summary: This New Mexico rule issued by the department of game and fish and all persons provides information on the taking and possession of protected wildlife for scientific and educational purposes.

Summary: These following regulations provide the definitions for the terms used in Chapter Fis 800: The Importation, Possession and Use of All Wildlife of the New Hampshire Code of Administrative Regulations.