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Oceana, Inc. v. Gutierrez |
This federal appeal concerns regulations issued by the National Marine Fisheries Service in 2004 for leatherback sea turtles. The leatherbacks experience mortality due to long-line fishing in the pelagic ocean after they become entangled or hooked on the lines. In 2001, the Service issued an RFA - reasonable and prudent alternative - to long-line fishing operations in the pelagic ocean off the coast of New Jersey where operators could replace
the industry-wide standard J-hook with circle hooks which would reduce mortality. Oceana
claim is that the Fisheries Service acted arbitrarily when it predicted that the measures it was putting in place would result in a 13.1 percent mortality rate by 2007 for leatherbacks caught in longlines. The Court of Appeals agreed with the
district court that the Service's judgment was not arbitrary or capricious when it predicted that fishing operators could achieve a 13.1 post-release mortality rate.
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Oestrike v. Neifert |
In this case, defendant Neifert rented land to graze cattle. Plaintiff owned billboards in the pasture that were often painted with lead-based paint. Defendant's cattle ate the lead-contaminated paint left in the pails and the ground and subsequently died from poisoning. The Court upheld the award of damages to defendant-Neifert on a negligence theory because plaintiffs should have reasonably known that the cattle would ingest the paint left in the pails and on the field.
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OH - Assistance Animals - Consolidated Assistance Animal Laws |
The following statutes comprise the state's relevant assistance animal and guide dog laws. |
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OH - Bald Eagle - Chapter 4503. Licensing of Motor Vehicles. |
This Ohio statute provides that funds derived from bald eagle license plates sales are used exclusively to acquire, develop, and restore habitat for bald eagles in Ohio. |
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OH - Breeder - Chapter 956. Dog Breeding Kennels; Dog Retailers. |
This section represents Ohio's commercial dog breeding laws. Under the chapter, a "high volume breeder" is defined as an establishment that keeps, houses, and maintains six or more breeding dogs and: (1) In return for a fee or other consideration, sells five or more adult dogs or puppies in any calendar year to dog brokers or pet stores; (2) In return for a fee or other consideration, sells forty or more puppies in any calendar year to the public; or (3) Keeps, houses, and maintains, at any given time in a calendar year, more than forty puppies that are under four months of age, that have been bred on the premises of the establishment, and that have been primarily kept, housed, and maintained from birth on the premises of the establishment. High volume breeders have additional duties under the law related to well-being of the dogs kept. The chapter also details requirements for licenses and/or registrations for high volume breeders, rescues, and dog brokers. Inspections are also outlined in the chapter, with high volume breeders having a requirement of at least one inspection annually. Penalties for violation of provisions, availability of injunctions, and revocation of licenses is also covered.
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OH - Cemeteries, Pet - Chapter 961. Pet Cemeteries |
This Ohio chapter concerns the establishment of "pet cemeteries." The owner of land used for a pet cemetery must file a declaration in the county recorder's office that the land is to be used only for such purposes. Unless the deed restriction is removed, no person shall use land restricted as provided in this section for any purpose other than for pet cemetery purposes. The pet cemetery must be at least three acres in size and the owner must comply with deposit requirements described under the "endowment care fund." Violation of the provisions relating to& the land use restriction (961.02), the size of the pet cemetery (961.03), or the endowment care fund requirement (961.04) results in a fine of up to $5,000 or imprisonment for up to one year, or both. |
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OH - Cruelty - Chapter 1717. Humane Societies. County Humane Societies |
This chapter relates to the formation and powers of humane societies in Ohio. Under the chapter, a county humane society organized under section 1717.05 of the Revised Code may appoint agents, who are residents of the county or municipal corporation for which the appointment is made, for the purpose of prosecuting any person guilty of an act of cruelty to persons or animals. Such agents may arrest any person found violating this chapter or any other law for protecting persons or animals or preventing acts of cruelty. |
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OH - Cruelty - Consolidated Cruelty Statutes |
These statutes comprise Ohio's anti-animal cruelty and animal fighting provisions. Included in the prohibited acts are abandoning domestic animals, willfully injuring or poisoning domestic or agricultural animals, drugging animals in competition, and "cruel" acts to both wild and domestic animals as defined by statute. The section also prohibits dogfighting and cockfighting. |
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OH - Dog - Chapter 955. Dogs (Consolidated dog laws) |
This is the Ohio statute that regulates dogs in general, outlining rules and regulations for dog owners. The state leash requirement appears limited to rabies quarantines (Sec. 955.26). It also gives the definition of what is considered a dangerous or vicious dog, the rules and regulations for owners of these dogs, and penalization for breaking these rules. |
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OH - Domestic Violence - 3113.31 Petitions; protection orders concerning domestic violence |
This Ohio law concerns protection orders in cases of domestic violence. In 2014, the law was amended to allow a court to grant a protection order that may: (E)(1)(i) require that the respondent not remove, damage, hide, harm, or dispose of any companion animal owned or possessed by the petitioner; and (j) authorize the petitioner to remove a companion animal owned by the petitioner from the possession of the respondent. “Companion animal” has the same meaning as in section 959.131 of the Revised Code, which is defined as any animal that is kept inside a residential dwelling and any dog or cat regardless of where it is kept. The term “companion animal” does not include livestock or any wild animal. |
