Animal Law - Guide to Wildlife Law

The Animal Law Center (ALC) provides an array of legal services for animal owners and guardians. The ALC is committed to practicing and advancing the law to provide the most protection available to animals and the most recourse to those who make animals an integral part of their lives — whether as a pet owner, an equestrian, a rancher, a non-profit organization or a conservation biologist. In practicing animal law, the ALC specializes in using innovative tools we have developed to represent animal-related issues in judicial, legislative and transactional forums.

The mission of the Animal Law Committee is to evolve our thinking on animal issues for both the United States and the world. By attracting the best and brightest lawyers in this country, with a wide variety of perspectives, we will look at animal-related problems and issues today, and think about new ways to define, manage, and solve them. Utilizing problem-solving strategies, we will also look at the law as it exists today-fragmented around the country-and envision what it could be. The TIPS ABA Animal Law Committee will be the instrument of a paradigm shift, and will bring to the table and address legitimate business and economic interests, and humane concerns.

Animal Rights Laws as they apply to individual American States.

The Animal Welfare Act (AWA) spells out the minimum standards of care and treatment required for certain animals used in research, bred for commercial sale, transported commercially, or exhibited to the public. The U.S. Department of Agriculture (USDA) is the agency responsible for establishing these minimum standards of care and enforcing them through inspections.

This page provides information on federal laws, and regulations that govern animals used in research, testing, teaching, and exhibition. It also provides animal welfare guidelines, policies and codes of practices from around the world.

The Humane Society of the United States is committed to achieving progress for animals through federal legislation. Our U.S. government is responsible for all interstate commerce and import or export of animals, as well as for enforcing existing laws for animal protection [PDF]. Legislation in Congress addresses a wide variety of concerns, including companion animals, wildlife, farm animals, animals in research, and animals used for entertainment.

Explore the History of Animal Rights & the Humane Movement against Cruelty to Animals—Laws, Acts and other Legislation enacted for the protection of animals as well as literature remarking on the history of the humane movement highlight animal rights activists, animal welfare advocates, and authors accomplishments for animal rights, animal welfare and the protection of animals.

AHA's campaign against violence to animals has led us to investigate the cruelty statutes in all fifty states, and Washington, DC. As a result of that investigation, we have compiled a list of the basic aspects of each state's statute in a format that allows you to quickly determine how your state's laws measure up. This study specifically focuses on state cruelty statutes. So even though animal fighting is profoundly cruel, we included only limited information on statutes pertaining to these acts. However, we have provided you with the necessary information to locate animal fighting statutes in each state. If one asterisk (*) follows the statute citation, the dog fighting statutes are either a part of or closely associated with the cruelty statutes. This can also mean that other types of animal fighting may be legal. If two asterisks (**) follow the statute citation animal fighting statutes are part of or closely associated with the cruelty statute. If the animal fighting statutes are located elsewhere in statute this has been explained in a footnote for that particular state.

The Public Health Service (PHS) is the branch of the federal government that includes the U.S. Department of Health and Human Services National Institutes of Health (NIH), which funds billions of dollars of animal-based research per year. The Health Research Extension Act of 1985 called upon the PHS, acting through the NIH, to establish guidelines and procedures for the proper care and treatment of animals used in biomedical research conducted or supported by PHS.

Is animal cruelty a misdemeanor or felony in your State? Find out here.

The NABR Animal Law Section focuses on the potentially disruptive and rapidly growing area of animal law. Animal rights advocates are using increasingly sophisticated and coordinated legal strategies in an attempt to incrementally change our laws as they relate to animals. The potential consequences for biomedical research are not readily apparent, but it is clear that many animal rights organizations and animal rights lawyers believe research on animals should be severely restricted or prohibited completely. This Web site is intended to serve as a resource for those who wish to learn more about animal law. It does not endeavor to be an exhaustive survey of issues pertaining to the legal status of animals, or of the "animal rights" movement.

The Office of Laboratory Animal Welfare (OLAW) provides guidance and interpretation of the Public Health Service (PHS) Policy on Humane Care and Use of Laboratory Animals, supports educational programs, and monitors compliance with the Policy by Assured institutions and PHS funding components to ensure the humane care and use of animals in PHS-supported research, testing, and training, thereby contributing to the quality of PHS-supported activities.

Sec.495. (a) The Secretary, acting through the Director of NIH, shall establish guidelines for the following: "(1) The proper care of animals to be used in biomedical and behavioral research. "(2) The proper treatment of animals while being used in such research. Guidelines under this paragraph shall require- "(A) the appropriate use of tranquilizers, analgesics, anesthetics, paralytics, and euthanasia for animals in such research; and "(B) appropriate pre-surgical and post-surgical veterinary medical and nursing care for animals in such research.

Most animal cruelty laws vary from state to state. Knowing your state's laws is crucial to help fight animal cruelty. The ASPCA offers an online database with more than 550 animal cruelty laws -- and their penalties -- from all 50 states. This database, maintained by the ASPCA Government Affairs and Public Policy department, will be a dynamic resource for providing information relating to animal cruelty laws.

Online library of selected pet, dog, cat and animal laws. If you are in any doubt abouta law, please contact your attorney, we are not in the business of practicing law and offer these articles to you only as a reference source, they are not to take the place of competent legal advice.

This Act applies to the care and treatment of domestic animals. It also applies to other animals if they are kept in captivity.

Eurogroup for Animals represents a united voice for animal welfare organisations in Europe. For more than 25 years, we have been working to improve the way animals are treated and kept throughout the European Union. The long-standing relationship we have established with the EU institutions allows us to be recognised as a credible partner for all the policy issues that affect animals. Our objective is a Europe that cares for all animals.

Topics Introduction Legislation in force Ongoing initiatives The Council of the European Union adopted a Regulation on 22 December 2004 on the protection of animals during transport, which helps to safeguard animal welfare by radically improving the enforcement of animal transport rules in the EU. The Regulation amounts to a radical overhaul of existing EU rules on animal transport and identifies the chain of involvement in animal transport, defining "who is responsible for what" and thus making for more effective enforcement of the new rules. The Treaty of Amsterdam, in force since 1st May 1999, lays out new ground rules for the actions of the European Union (EU) on animal welfare in a special " Protocol on the Protection and Welfare of Animals". It recognises that animals are sentient beings and obliges the European Institutions to pay full regard to the welfare requirements of animals when formulating and implementing Community legislation. The protocol indicates the responsibility of the EU to legislate in improving the welfare of animals and in preventing cruelty against animals and their mistreatment in areas covered by the Treaty (such as agriculture). In other areas not covered by the Treaty the EU has no competence so that these issues remain under the sole responsibility of the Member States (e.g. the use of animals in competitions, shows, cultural or sporting events such as bullfighting, dog-fighting and dog-racing).

Definitions: 1. By pet animal is meant any animal kept or intended to be kept by man in particular in his household for private enjoyment and companionship. 2. By trading in pet animals is meant all regular business transactions in substantial quantities carried out for profit which involve the change of ownership of pet animals. 3. By commercial breeding and boarding is meant breeding or boarding mainly for profit and in substantial quantities. 4. By animal sanctuary is meant a non-profit making establishment where pet animals may be kept in substantial numbers. If national legislative and/or administrative measures permit, such an establishment may accept stray animals. 5. By a stray animal is meant a pet animal which either has no home or is outside the bounds of its owner's or keeper's household and is not under the control or direct supervision of any owner or keeper. 6. By competent authority is meant the authority designated by the member State.

(1) In this Act, except subsections (4) and (5), “animal” means a vertebrate other than man. (2) Nothing in this Act applies to an animal while it is in its foetal or embryonic form. (3) The appropriate national authority may by regulations for all or any of the purposes of this Act— (a) extend the definition of “animal” so as to include invertebrates of any description; (b) make provision in lieu of subsection (2) as respects any invertebrates included in the definition of “animal”; (c) amend subsection (2) to extend the application of this Act to an animal from such earlier stage of its development as may be specified in the regulations. (4) The power under subsection (3)(a) or (c) may only be exercised if the appropriate national authority is satisfied, on the basis of scientific evidence, that animals of the kind concerned are capable of experiencing pain or suffering. (5) In this section, “vertebrate” means any animal of the Sub-phylum Vertebrata of the Phylum Chordata and “invertebrate” means any animal not of that Sub-phylum.

ALAW wants to see a world where there are comprehensive and effective laws to protect animals from the deliberate infliction of pain and distress on them by people, and where the laws are properly enforced. ALAW’s mission is to: * harness the interest of many lawyers in animal protection * use a range of law-related techniques to secure more favourable interpretation and better enforcement of existing animal protection laws * secure more comprehensive and effective laws, based on a coherent philosophy.

Across Canada, provincial legislation protects animals from cruelty. These laws usually fall under the auspices of local humane societies. At the national level, animals are protected from cruelty under Sections 444-447 of the Criminal Code. However critics have argued that the law which hasn't been updated in over a century, does little to protect animals from abuse and cruelty. The punishment for those who are convicted under the Code range from a maximun of 6 months imprisonment, a maximun of $2,000 and a prohibition of owning an animal for a maximum of two years.

The Species at Risk Act (SARA) was created to protect wildlife species from becoming extinct in two ways: * By providing for the recovery of species at risk due to human activity; and * By ensuring through sound management that species of special concern don’t become endangered or threatened. The Act became law in June 2003. It includes prohibitions against killing, harming, harassing, capturing or taking species at risk, and against destroying their critical habitats.

"What IS Animal Law?" Founder and Director of International Animal Law©, Dr Ian Robertson, says that initial reactions range from "animal rights, and dog bites" to "any law involving animals". But according to Dr Ian Robertson, Animal Law has three "elements". It obviously involves animals, but additionally, Animal Law is distinctive because it considers the unique characteristics and interests of the animals themselves. Furthermore, because legal decisions about animals often affect humans as well as animals, Animal Law deals with the relationship between humans and non-humans. “The law currently classifies animals as property" he says, “so Animal Law might alternatively be described as "specialist property law", due to the unique nature of the "property" (the animal) itself. “Essentially, contemporary animal welfare law reflects judicial recognition of a difference between animate and inanimate property”.

The International Fund for Animal Welfare works to improve animal welfare, prevent animal cruelty and abuse, protect wildlife and provide animal rescue around the world. From stopping the elephant ivory trade, to ending the Canadian seal hunt and saving the whales from extinction, IFAW works to create solutions that benefit both animals and people.

World Animal Net (WAN) was established in 1997 by veterans of the international animal protection movement to improve communication and co-ordination between the world's animal protection groups on targetcampaigns, using rapidly developing communication technology. Our aim is to focus the animal protection movement and strengthen the impact of key animal campaigns and lobbying. World Animal Net will act as clearinghouse for important animal protection issues with global perspective. The WAN network will give animal groups world-wide the opportunity to work in a genuine spirit of collaboration, pooling knowledge, expertise, professionalism, and campaign and lobbying resources--particularly on target issues

Founded in 1877, the American Humane Association is the only national organization dedicated to protecting both children and animals. A nonprofit membership organization, American Humane is headquartered in Denver. Through a network of child and animal protection agencies and individuals, American Humane provides national leadership in developing policies, legislation, curricula and training programs -- and taking actions -- to protect children and animals from cruelty, abuse, neglect and exploitation.

Animal Alliance of Canada is committed to the protection of all animals and the promotion of a harmonious relationship among people, animals and the environment. Animal Alliance of Canada brings together dedicated professionals with proven records in animal protection. Together we work on local, national, and international educational and legislative advocacy initiatives to protect animals and our environment.

Animal Concerns is the online community for people concerned about the welfare and rights of animals. As a project of the EnviroLink Network, it is maintained by EnviroLink volunteers around the world.

For more than a quarter-century, the Animal Legal Defense Fund has been fighting to protect the lives and advance the interests of animals through the legal system. Founded in 1979 by attorneys active in shaping the emerging field of animal law, ALDF™ has blazed the trail for stronger enforcement of anti-cruelty laws and more humane treatment of animals in every corner of American life. Today, ALDF’s groundbreaking efforts to push the U.S.legal system to end the suffering of abused animals are supported by hundreds of dedicated attorneys and more than 100,000 members. Every day, ALDF works to protect animals by: * Filing groundbreaking lawsuits to stop animal abuse and expand the boundaries of animal law. * Providing free legal assistance to prosecutors handling cruelty cases. * Working to strengthen state anti-cruelty statutes. * Encouraging the federal government to enforce existing animal protection laws. * Nurturing the future of animal law through Student Animal Legal Defense Fund chapters and our Animal Law Program. * Providing public education through seminars, workshops and other outreach efforts.

The mission of the Abolitionist Approach is to provide a clear statement of a nonviolent approach to animal rights that (1) requires the abolition of animal exploitation; (2) is based only on sentience and no other cognitive characteristic, and (3) regards veganism as the moral baseline of the abolitionist approach.

Congress' mission for the Center was clearly provided in the 1985 amendments to the Animal Welfare Act (AWA): The Secretary [of Agriculture] shall establish an information service at the National Agricultural Library. Such service shall, in cooperation with the National Library of Medicine, provide information-- (1) pertinent to employee training; (2) which could prevent unintended duplication of animal experimentation as determined by the needs of the research facility; and (3) on improved methods of animal experimentation, including methods which could-- (A) reduce or replace animal use; and (B) minimize pain and distress to animals, such as anesthetic and analgesic procedures.

The Canadian Federation of Humane Societies is the national voice of humane societies and SPCAs. We bring together those who work with, and care for animals to promote respect and humane treatment toward all animals. Since we were founded in 1957, we’ve earned our solid reputation and enviable credibility as the ‘go-to’ national voice on animal welfare issues for industry, media, government, non-governmental organizations, and the public. We work collaboratively and cooperatively with key stakeholders based on the premise that we can have a greater impact creating positive change by being a part of the process instead of being apart from it. We drive positive, progressive change nationally to end animal cruelty and improve animal protection through the enactment of effective legislation. We provide leadership on animal welfare issues and ensure these crucial messages are heard and understood from coast to coast. Our approach to improving the welfare of animals makes us a respected voice and key player in any national discussion on the use of animals.

CEFR seeks to expand such fundamental legal rights as bodily integrity and bodily liberty to nonhuman animals, beginning with chimpanzees and bonobos, through litigation and education.

The Center for Wildlife Law is the only national center dedicated to education, research and analysis of state, national and international wildlife laws. Established at the Institute of Public Law, University of New Mexico School of Law in 1990, the Center's mission is to raise the level of understanding and discussion about wildlife issues through interdisciplinary education, training, analysis and publication on wildlife law and policy issues.

DLRM's objective is for the immediate and total abolition of all animal experiments, on medical and scientific grounds. Animal based research cannot be extrapolated to humans because of species differences and is therefore misleading and counterproductive. It is imperative and urgent to end all animal experiments without delay, opening the way to a change in direction towards meaningful research and healing, restoring faith and respect in the medical profession.

HSI works with national and jurisdictional governments, humane organizations, and individual animal protectionists in countries around the world to find practical, culturally sensitive, and long-term solutions to common animal issues, and to share an ethic of respect and compassion for all life. With connections at the highest levels of international organizations and national governments, such as the United Nations (UN), European Union (EU), World Trade Organization (WTO) and the parliaments of Great Britain, Germany, and Australia, HSI works closely with policymakers, conducting briefings and helping to draft legislation, regulations, policy statements, international treaties, free trade agreements, and resolutions affecting animals.

The Humane Society of the United States is the nation's largest and most effective animal protection organization—backed by 10 million Americans, or one in every 30. Established in 1954, The HSUS seeks a humane and sustainable world for all animals—a world that will also benefit people. We are America's mainstream force against cruelty, exploitation and neglect, as well as the most trusted voice extolling the human-animal bond. Our track record of effectiveness has led to meaningful victories for animals in Congress, state legislatures, courtrooms and corporate boardrooms.

The International Institute for Animal Law has been established to encourage, at the international level, the development of legal scholarship and advocacy skills on behalf of animals. A not-for-profit organization composed of a renowned and experienced group of attorneys and judges from around the world, the Institute is dedicated to creating and supporting programs that will enhance the development of laws that protect animals.

Over two decades ago, Harvard University’s Office of Government and Community Affairs sponsored an in-depth study of the animal rights/welfare movement, including its goals and strategies. In its Report, Harvard noted that “[P]hilosophically, animal rights/welfare groups can be classified as abolitionists or regulationists. The abolitionists, such as ISAR…constitute a minority within a movement. They are, however, also the most diligent, tactical and clear thinking. They use the law; publications and education to work for their ultimate goals.” What Harvard said then about ISAR remains true today. International Society for Animal Rights (ISAR) was chartered in the District of Columbia nearly a half-century ago, making our organization one of the oldest humane education organizations in the United States. ISAR is a tax exempt non-profit corporation, and contributions to it are tax deductible. ISAR was the first organization in the United States (and probably the world) to use in its corporate name the moral principle of “animal rights.” The first federal and the first state court legal decisions to invoke the moral principle “animal rights” were in cases brought by International Society for Animal Rights.

The National Anti-Vivisection Society is a national, not-for-profit educational organization incorporated in the State of Illinois. NAVS promotes greater compassion, respect and justice for animals through educational programs based on respected ethical and scientific theory and supported by extensive documentation of the cruelty and waste of vivisection. NAVS' educational programs are directed at increasing public awareness about vivisection, identifying humane solutions to human problems, developing alternatives to the use of animals, and working with like-minded individuals and groups to effect changes which help to end the suffering of animals.

The RSPCA as a charity will, by all lawful means, prevent cruelty, promote kindness to and alleviate suffering of animals. The RSPCA intends to achieve its mission by: # effecting strong branch, regional, national and international organisations dedicated to providing a public service, delivering effective relief of animal suffering and enforcing the law # working tirelessly to reduce the harmful impact of human activities on animals through education, campaigning and the application of ethics, science and law # striving for the highest levels of efficiency, effectiveness and integrity # urging that, save where the public benefit requires, humankind should not intentionally cause suffering to any animal when it is not for its own benefit, or cause suffering by neglect. This applies whatever the animal, or the situation in which it finds itself.

WSPA’s vision is of a world where animal welfare matters, and animal cruelty ends. WSPA has been promoting animal welfare for more than 25 years. Our work is concentrated in regions of the world where few, if any, measures exist to protect animals. WSPA’s work is focused on four priority animal welfare areas: * Companion animals – responsible pet ownership, humane stray management and cruelty prevention. * Commercial exploitation of wildlife – intensive farming and the cruel management and killing of wild animals for food or by-products. * Farm animals – intensive farming, long distance transport and slaughter of animals for food. * Disaster management – providing care to animals suffering as a result of man-made or natural disasters, and thereby protecting people’s livelihoods. With consultative status at the United Nations and the Council of Europe, WSPA is the world‘s largest alliance of animal welfare societies. We are proud to coordinate this growing network, with more than 900 member organisations in over 150 countries. WSPA brings together people and organisations throughout the world to challenge global animal welfare issues. WSPA has 13 offices and hundreds of thousands of supporters worldwide.

Animal Law Review (Animal Law) is a student-run law review at Lewis & Clark Law School in Portland, Oregon. The review's objective is to educate readers about all sides of current animal-related legal issues. Animal Law was created by the same group of innovative and far sighted Lewis & Clark law students who founded the very first chapter of the Student Animal Legal Defense Fund in 1992. They were convinced that the field of animal law was a growing and viable field of practice of national significance. Contributions over the years from legal scholars such as Harvard's Laurence H. Tribe and Cass R. Sunstein as well as from internationally recognized experts such as Jane Goodall have proven them correct. Today animal Law is a flourishing and respected "mainstream" field of legal expertise. Not only are there a growing number of lawyers with thriving practices based on this area of law but there are also a growing number of State Bar Associations that have sections devoted to this important area of legal expertise!

Recognizing that the loss of species at this level of magnitude will have profound implications from both a utilitarian and moral perspective, the Journal's mission is to address legal and political issues concerning the human race's interrelationship with and management of wildlife species, their habitats, and the biosphere. This includes analysis of the efficacy of international and regional wildlife treaty regimes in conserving species (as well as national legislation and regulations enacted to implement such regimes), the impact of judicial decisions at both the national and international level, and the interface of legal and political institutions with other sectors in society that have a substantive impact on the management and conservation of species and ecosystems.

Articles written by attorneys and experts worldwide discussing legal aspects related to Environmental and Natural Resources including: agricultural law, animal law, energy, environmental law, equine law, forestry and fisheries, natural resources, oil and gas.