Current Pending Legislation
Captive Primate Safety Ac S1324 OPPOSE
Latest Title: A bill to
amend the Lacey Act Amendments of 1981 to prohibit the importation, exportation,
transportation, and sale, receipt, acquisition, or purchase in interstate or
foreign commerce, of any live animal of any prohibited wildlife species, and for
other purposes.
Sponsor: Sen Boxer,
Barbara [CA] (introduced 7/5/2011)
Cosponsors (2)
Latest Major Action: 7/5/2011 Referred to
Senate committee. Status: Read twice and referred to the Committ ee on
Environment and Public
Great Ape Protection and
Cost Savings Act of 2011 H1513
Sponsor: Rep Bartlett, Roscoe
G. [MD-6] (introduced 4/13/2011) Cosponsors (63)
Related Bills:S.810
Latest Major Action: 4/18/2011 Referred to
House subcommittee. Status: Referred to the Subcommittee on Health.
SUMMARY AS OF: 4/13/2011--Introduced. Great Ape Protection and Cost Savings Act of 2011 - Prohibits: (1) conducting invasive research on great apes; (2) possessing, maintaining, or housing a great ape for the purpose of conducting invasive research; (3) using federal funds to conduct such research on a great ape or to support an entity conducting or facilitating invasive research on a great ape either within or outside of the United States; (4) knowingly breeding a great ape for the purpose of conducting or facilitating such research; (5) transporting, moving, delivering receiving, leasing, renting, donating, purchasing, selling, or borrowing a great ape in interstate or foreign commerce for conducting or facilitating such research; and (6) transferring federal ownership of a great ape to a non-federal entity unless the entity is a suitable sanctuary.
Defines "great ape" as any chimpanzee, bonobo, gorilla, orangutan, or gibbon.
Defines "invasive research" as research that may cause death, injury, pain, distress, fear, or trauma to great apes, including drug testing or exposure to a substance or isolation, social deprivation, or other experimental manipulations that may be detrimental to the ape's health or psychological well-being.
Requires the Secretary of Health and Human Services (HHS) to effectuate the permanent retirement of all great apes that are owned by the federal government and that are being maintained in any facility for the purpose of breeding for, holding for, or conducting invasive research.
Sets forth civil penalties for violations of this Act. Establishes in the Treasury the Great Ape Sanctuary System Fund to be administered by the Secretary for construction, renovation, and operation of the sanctuary system for surplus chimpanzees.
USDA UPDATES OPPOSE
DA PROPOSES TO AMEND THE ANIMAL WELFARE ACT TO REQUIRE ITINERAIRES FROM TRAVELING EXHIBITORS. The U.S. Department of Agriculture’s Animal and Plant Health Inspection Services (APHIS) announced that it is proposing to amend the Animal Welfare Act (AWA). This proposal would ensure that APHIS’ animal care inspectors have access to exhibitors’ facilities, animals and records to conduct unannounced inspections, regardless of where they may be exhibiting in the United States. These facilities include circuses, mobile petting zoos and other animal acts. Under the proposal, exhibitors would be required to submit the dates that they will be traveling- including stops event. Wouldand layovers (with addresses). As part of this proposal, APHIS animal care (AC) would also require exhibitors to submit identifying information for each animal that will be exhibited outside their designated primary facility, including its description and species information and the names of the animal’s owner, exhibitor, lessor/lessee and transporter. This negatively impacts USDA exhibitors because exhibitors would not be able to swap animals the day for any reason because APHIS needs notification several days prior to an also limit jobs that come up all of a sudden again because paperwork would not be able to be submitted. Final Status of 2010 Legislation FEDERAL LAWS Captive Primate Safety Act (HR80/S462). Adds nonhuman primates to the Lacey Act, banning their transportation across state lines. Passed House but died in Senate. Great Cats and Rare Canids Act (HR411/S529). Provides assistance for feline and canine conservation but not for captive breeding or display. Passed House but died in Senate. Nonnative Wildlife Invasion Prevention Act (HR669). Bans importation of all species not on an approved list. DEAD. STATE LAWS Final Form: Captive Wildlife Facility Information Form: http://myfwc.com/docs/CommissionMeetings/2010/2010_Sep_CW_FacilityLocationInfoForm.pdf Changes to 68A-6.0022 passed and is effective Changes to 68A-6.005 passed. Effective June 7, 2010, all shipments of live wildlife require a tag with the shipper and consignee and a list of species by common and scientific name. NEW LOCAL Palos Verdes – Revise exotic animal keeping regulations. Someone proposed a motion that exotic animals be allowed in areas other than RS-1 and RS-2 zones. Motion died due to lack of second on http://www.ci.santa-paula.ca.us/Minutes/2010/10cc02_16.pdf Newnan – Animal Control ordinance. New animal control ordinance would ban all exotic and wild animals with a grandfather clause. Animals include potbellied pigs, alligators, crocodiles, nondomestic cats and hybrids, nondomestic dogs and hybrids, nonhuman primates, bears and arachnids. Passed on http://www.ci.newnan.ga.us/images/stories/agendas/2010.02.09%20Agenda.pdf http://www.ci.newnan.ga.us/images/stories/agendas/2010.02.22%20Agenda.pdf Wood Dale – Proposed an exotic animal ordinance. Council stated that IL already has a law prohibiting it and dismissed the ordinance on LaPorte – Dangerous Animals Ordinance. Bans ownership of listed dangerous animals. Passed http://www.montgomeryco.net/egov/docs/1279199381873.htm http://www.ci.coon-rapids.mn.us/citycode/06-0500.pdf Pipestone – Discussing wild or exotic animal law. Passed Darby – Regulating Animals (Ord 147). Create a permit system for wild and exotic animals. Unknown status Northwood – Wild or exotic Animals. States that it will enforce state laws. Public hearing held http://www.hendersoncountync.org/agendas/August%202,%202010/DI.E.pdf http://www.ci.hillsboro.or.us/Planning/CityAnimalReview.aspx?g1dd=8&g2dd=4#SecondRoundOpenHouses Coaldale: Ban the trade, selling, adoption, exchange or transfer of wild and exotic animals. Current owners have 45 days to get a permit from the zoning office and a nonconforming status. Ferrets are allowed if they are descented, spayed/neutered, vaccinated, leashed or caged when outdoors, and not bred. Pot belly pigs are allowed if they are spayed/neutered, vaccinated, and not bred. One service animal is also permitted. Passed on http://edmondok.com/docs/city_council/meeting_agendas_and_minutes/2010/02_24_2010_minutes.pdf Bernville – Talking about fines for permit violations for exotic animals and livestock, including losing your permit after the 3rd violation. Meeting to be held in November. Unknown status Ravenswood: Requires owners of exotic animals to get a license. Passed Hutto: (Ord. http://www.huttotx.gov/archives/31/Minutes%20Mar%204,%202010%20Council%20Meeting.pdf Louisa: Exotic Pet Ordinance. Will specify transportation and housing requirements and require owners to get a permit. Passed during September 21, 2010 meeting. http://www.louisatown.org/town/announcements.htm http://www.louisatown.org/minutes/September21-2010minutes.pdf Snohomish: Revises list of banned exotic animals to just include those banned by the state. Passed September 2010. http://www.ci.snohomish.wa.us/Code/07-04Animals.PDF Blanchardville: Discussing changes to reptile/exotic animal laws. Had meeting
Issues licenses for others purposes
(321 Code Mass. Regulations 2.12, 2.13, 2.15; Mass. Gen. Laws 131-19A, 131-23, 131-25 to 131-26, 131-77a)
Division of Fisheries and Wildlife (617)727-3151
Michigan
BANS large Carnivores with exemptions (MCL 287.1101- 287.1123)
BANS wolf-dogs with exemptions (MCL 287.1001- 287.1023)
Regulates ferrets under the Ferret Act (MCL 287.891- 287.901).
Dept. of Natural Resources, Wildlife Division (517)373-1263
Minnesota
BANNED
BANS regulated animals (all felines except TICA or CFA registered hybrids, bears, nonhuman primates and hybrids) with exemptions
Grandfather those owned 1/1/05 that are registered
(Minnesota Statutes 346.155)
BANS skunks except for zoos, circuses or other shows, or scientific or educational institutions (Minnesota Statutes 145.365)
Dept. of Natural Resources (612)296-4507 or 296-3344
Missouri
Requires registration of dangerous animals with the local law enforcement agency with exemptions (Missouri Rev. Statutes 578.005, 578.007, 578.023).
New Large Carnivore Act (starts 578-600) requires permit for certain large felines and bears
BANS skunks and requires permit for other native wildlife (divided into Class I and Class II)
A detailed summary regarding captive native wildlife can be found here.
NOTE: It is illegal to release, steal or injure animals from animal facilities, damage property, obtain access to a facility under false pretenses to perform acts not authorized by the facility, or steal or alter records (Missouri Rev. Statutes 578.407)
Mississippi
Requires permit for inherently dangerous animals - Personal Possession Permit (non commercial) or Temporary Exhibitor Permit (less than 30 days)
(49 Mississippi Code Ch. 8)
Dept. of Wildlife, Fisheries and Parks (601)364-2214 or 364-2022
Montana
Exotic wildlife is classified into prohibited (BANNED), controlled (requires permit), and noncontrolled (no permit)
(Montana Admin Rules 12-6-22; MCA 87-5-7)
Issues roadside menagerie, wild animal menagerie (required for large cats and bears for purposes other than exhibition) and zoo permits
(MCA 87-4-8; Montana Admin Rules 12-6-13)
Dept. of Fish, Wildlife and Parks (406)444-2950 ot 444-2535
Nebraska
BANS wolves, skunks, all felines, and all bears with exemptions
(Nebraska Rev. Statutes 37-477 (2))
Game and Parks Commission (402)471-5462 or 464-0641
Nevada
BANS species listed in NAC 503.110 with exemptions
Issues Commercial or Noncommercial Live Wildlife License for rest
No permits needed for species in NAC 503.140
(NRS 503.590, 504.295, 504.540 to 504.488; NAC 503.108 to 503.140)
Dept. of Wildlife (702)688-1500 or 688-1549
New Hampshire
BANNED
Classified as non-controlled (no permit), controlled (permit needed), or prohibited (banned) with separate lists for possession, importation, and release. Unlisted species are controlled. Non-controlled and Category 1 controlled may be kept as pets. For more information, click here.
(NH RSA 207.14, 207.15A; NH Code Admin R Fis 800)
Summary of Reptile and Amphibian rules
(NH Code Admin. R Fis 811, Agr 1703)
BANS sale of wolf hybrids less than 5 generations removed, but may be temporarily imported for competitive events if altered
(NH Admin R Agr 3100; NH RSA 466-A)
Require permit for out of state persons passing through to other state.
Fish and Game Dept. (603)271-3421 or 271-2461
New Jersey
BANNED
Division of Fish, Game and Wildlife (609)984-0839 or 292-6685
New Mexico
BANNED
Dept. of Game and Fish (505)827-7934
New York
BANNED- Grandfathered animals must be registered
Dept. of Environmental Conservation, Division of Fish and Wildlife (518)457-3400 or 439-7635
North Carolina
No Regulation- Various counties have bans
Wildlife Resources Commission (919)62-4370 or 733-7291
North Dakota
State Permit System
Game and Fish Dept. (701)221-6335
Ohio
No regulation- Pending state permit system proposed
Dept. of Natural Resources (614)265-6300 or 265-7027
Oklahoma
State Permit System
Dept. of Wildlife Conservation (405)521-3851 or 521-2739
Oregon
Banned- Effective January ist 2010
State Permit System For Grandfathered animals. Permits may be given up to Jan 1, 2011 on special case basis. Animals can not be replaced.
Dept. of Fish and Wildlife (541)872-5260
Pennsylvania
State Permit System
Game Commission (717)782-4250 or 7875740
Rhode Island
State Permit System
Division of Fish and Wildlife (401)277-3576 or 789-3094
South Carolina
No Regulation
Wildlife and Marine Resources Division (803)734-3833 or 734-3888
South Dakota
No Regulation
Dept. of Game, Fish and Parks (605)773-3485 or 773-3381
Tennessee
APES & BABOONS BANNED
Wildlife Resources Agency (615)781-6585 or 781-6610
Texas
State Permit for Great Apes, and Baboons Only- Many counties have bans on exotics.
Parks and Wildlife Dept. (512)389-4419 or 389-4822
Utah
Banned as per law (R657-3)
www.wildlife.utah.gov
Division of Wildlife Resources (801) 538-4701
Vermont
BANNED
Dept. of Fish and Wildlife (802)244-7331
Virginia
PERMIT FOR GREAT APES ONLY
Dept. of Game and Inland Fisheries (804)367-1000
Washington
BANNED
Dept. of Wildlife (206)753-5719 or 753-5728
West Virginia
No Regulation
Dept. of Natural Resources (304)558-2758 or 348-2771
Wisconsin
No Regulation
Dept. of Natural Resources (608)266-2621 or 267-7857
Wyoming
BANNED
Game and Fish Dept. (307)777-4530 or 777-4582
COUNTRIES OTHER THAN U.S.
United Kingdom
The UK Department for Environment, Food and Rural Affairs (DEFRA) enacted the Dangerous Wild Animal Act of 1976, which was amended in 2007. This act does not appear to ban possesion of wild animals, BUT requires those who own them to have a license. The smaller primate species (Genera Aotus, Callicebus and Saimiri which are owl monkeys, titi monkeys, and Squirrel monkeys) are exempted and do not require a license. A licence is required for ALL other primates including Capuchin, spider, woolly, etc.
Main DEFRA page on Dangerous Wild Animal Act of 1976
Schedule of "Dangerous Wild Animals" which Require a Permit
Licenses will be given by local authorities. Where the local authority grant a licence it shall impose conditions on the licence covering issues such as:
-a requirement that the animal be kept only by a person or persons named on the license;
-restrictions on the movement of the animal from the premises as specified on the licence; and
-a requirement that the license holder has a current insurance policy which ensures both license holders and others against any liability caused by the animal.
Animal Welfare Act 2006- Owners of Animals must Follow the regulations set forth in the Animal Welfare Act 2006.