|
ND - Endangered Species - Chapter 20.1-09. Propagation of Protected Birds and Animals |
These North Dakota statutes provide a state definition for endangered species as well as laws relating to possession and propagation of protected animals. |
|
NE - Endangered Species - Article 8. Nongame and Endangered Species Conservation Act |
These statutes comprise the Nebraska Nongame and Endangered Species Conservation Act. Included are the definitions used in the Act, the legislative intent behind the Act, and the duty of the commission that oversees the Act. Violation of the Act constitutes a Class II misdemeanor. |
|
New England Anti-Vivisection Society v. United States Fish and Wildlife Service and Yerkes National Primate Research Center |
New England Anti-Vivisection Society (NEAVS), a non-profit organization that dedicates itself to animal-welfare, brought suit against the United States Fish and Wildlife Service (FWS) for issuing an export permit to Yerkes National Primate Research Center (Yerkes). NEAVS filed suit against FWS arguing that FWS had violated the Endangered Species Act, the Administrative Procedure Act, the National Environmental Policy Act, and the Convention on International Trade in Endangered Species. NEAVS argued that FWS had violated the acts by allowing Yerkes to export chimpanzees in exchange for making a financial donation that would be put towards a program to help with “habitat destruction and disease, which face wild chimpanzees in East Africa.” The court reviewed the case and determined that it did not have subject-matter jurisdiction to address the claims made by NEAVS. The court found that NEAVS was not able to establish standing under Article III of the Constitution because NEAVS had not “suffered an injury in fact.” Ultimately, the court held that NEAVS was unable to show that it had a “concrete and particularized injury in fact that is actual or imminent” and that is “traceable” to FWS’ actions. As a result, the court granted summary judgment in favor of FWS. |
|
New Mexico Department of Game and Fish v. United States Department of the Interior |
Defendant, The United States Fish and Wildlife Service (“FWS”) released two Mexican gray wolf pups on federal land in New Mexico without a permit. Their goal was to increase the recovery of the wolf population more rapidly. The Plaintiff, New Mexico Department of Game and Fish ("Department") brought action against FWS and the United States Department of Interior. The Department requested declaratory and injunctive relief to prohibit FWS from releasing more Mexican gray wolves within New Mexico’s borders. Other wildlife organizations and various states also intervened as Defendants. The United States District Court for the District of New Mexico, entered an order granting the Department a preliminary injunction. The Defendants appealed. The United States Court of Appeals, Tenth Circuit, reversed and remanded. The Court held that: (1) the Department failed to establish a significant risk of irreparable injury to its wildlife management efforts, and (2) the Department failed to establish a significant risk of irreparable injury to New Mexico’s sovereignty. |
|
New Mexico Farm and Livestock Bureau , et. al. v. U.S. Dep't of Interior, et. al. |
The U.S. Fish and Wildlife Service ("Service") designated 764,207 acres in New Mexico and Arizona as critical habitat for the jaguar pursuant to the Endangered Species Act. The area was divided into six individual units. Units 5 and 6 were the ones at issue. Plaintiffs filed suit contending that the Service’s designation of Units 5 and 6 as critical habitat was arbitrary and capricious. The district court ruled in favor of the Service and this appeal followed. There was no concrete evidence that jaguars were present in Units 5 and 6 at any time before 1995. The Service’s reliance on sightings in 1995, 1996, and 2006 to support a conclusion of occupation in 1972 was not based on expert opinion. It was purely speculative. The Court agreed with the Plaintiffs that the Service’s designation of Units 5 and 6 as occupied critical habitat was arbitrary and capricious. The Court further found that in order for an unoccupied area to be designated as a critical habitat, the Service must first find that the designation of the occupied areas is inadequate to ensure conservation of the species. The Service addressed all units together, finding that to the extent they were occupied, they were essential for the conservation of the species. The Court ultimately found that the Service did not follow its own regulations or give a rational explanation for failing to do so and as a result, its designation of Units 5 an 6 as critical habitat was arbitrary and capricious. The decision of the district court was reversed and remanded.
|
|
Newell v. Baldridge |
Newell was a tropical fish importer who became involved in a mislabeling scheme to import endangered sea turtles. On appeal, Newell claimed he lacked the requisite knowledge or intent because he did not directly handle the imported sea turtles, he could not have known that they were mislabeled. The court held that substantial evidence in the record supports the findings below that Newell knew or should have known of the mislabeling of the shipments of sea turtles. Further, the court upheld the imposition of $1,000 penalty for each violation of the Lacey Act because of the mulit-violation, mislabeling scheme and the vital public interest in deterring illegal wildlife trade.
|
|
NH - Endangered - Chapter 212-A. Endangered Species Conservation Act |
These New Hampshire statutes outline the Endangered Species Conservation Act. The definitions of the terms used in the Act are described especially with regard to what constitutes endangered and threatened species. Violation of the Act is accomplished by taking a protected species and incurs a misdemeanor penalty. |
|
Nigeria - Endangered Species - Endangered Species Act (in English) |
|
|
NJ - Endangered - Chapter 2A. Wildlife Generally |
These statutes comprise the New Jersey Endangered and Nongame Species Conservation Act. The definitions used in the Act are described as well as the rules for listing species, the powers and duties of the supervising department, and the designation of funding. Under the statute, violation of the Act incurs a civil penalty of $250-5,000. In 2014, provisions were added for the prohibition on import, sale, or purchase of ivory products. In 2018, a law was added that prohibits a person from using a wild or exotic animal in a traveling animal act. |
|
NJ - Endangered Species - Subchapter 4. Endangered, Nongame and Exotic WIildlife |
This set of New Jersey regulations first defines "exotic mammal, bird, reptile or amphibian” as any nongame species or mammal, bird, reptile or amphibian not indigenous to New Jersey. Except as provided, no person shall possess any nongame species or exotic species of any mammal, bird, reptile or amphibian unless such person has first received both the appropriate permit from the Department of Environmental Protection. Some exotic species that require a permit for possession include ferrets, pythons, and monitors. Permit fees range from $10 for the individual hobby to $100 for an animal dealer. The regulations also define a "potentially dangerous species” as any exotic mammal, bird, reptile or amphibian or nongame species which is capable of inflicting serious or fatal injuries or which has the potential to become an agricultural pest or a menace to the public health or indigenous wildlife populations. Some of these species include non-domestic dogs, baboons, monkeys, bears, non-domestic cats, gila monsters, alligators, and ground squirrels.
|
