Apes laws

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5.0 Required Environmental Legislation

Why Do I Need to Know These?

  • On your AP exam in May, various multiple choice questions will often either directly or indirectly test your understanding of these pieces of legislation.

  • In the past, the College Board has not put out a specific list of laws to know for the AP exam. The fact that there is now a list on the Course & Exam Description likely means these will be tested!

What Are The Required Pieces of Legislation?

This is the list that the College Board has put out! While it would be helpful to have an understanding of other laws, these are the ones you should focus on:

  1. Clean Air Act

  2. Clean Water Act

  3. Convention On International Trade in Endangered Species of Wild Fauna and Flora (CITES)

  4. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

  5. Montreal Protocol

  6. Kyoto Protocol

  7. Endangered Species Act

  8. Safe Drinking Water Act (SDWA)

  9. Delaney Clause Of Food, Drug, and Cosmetic Act

  10. Resource Conservation and Recovery Act (RCRA)

Laws Involving the Disposal of Hazardous Wastes

RCRA: Resource Conservation and Recovery Act

  • This act is also called the “cradle to grave” act as it gives the Environmental Protection Agency the authority to control any hazardous waste at all stages.

  • It requires shippers, generators, and disposers to keep detailed accounts of the type and amount of hazardous waste that is handled from the time of generation to final disposal.

“Cradle-to-grave” is a keyword for your APES exam! This could be a part of the MC question and you would have to identify the RCRA as the correct choice.

CERCLA: Comprehensive Environmental Response, Compensation, and Liability Act

  • This is also known as the “Superfund,” a U.S. law passed in 1980. 

  • Its main purpose is to clean up and/or contain abandoned toxic waste sites using the concept of a superfund.

    • The superfund money comes from taxes on those that produce hazardous waste.

    • The EPA was given the power to hold the parties responsible for any toxic waste release.

  • It authorizes actions for short term and long term responses based on the nature of the threat to human health.

Air & Water Protection

Clean Air Act

  • This act was a major milestone in terms of air quality legislation and is considered one of the most comprehensive laws regarding pollution in the world.

    • Set limits for criteria pollutants: also called conventional pollutants - the seven major air pollutants that are considered to have the most serious threat to humans.

      • Sulfur Oxides (SOx)

      • Carbon Monoxide (CO)

      • Particulate Material (PM)

      • Volatile Organic Compounds (VOCs)

      • Nitrogen oxides (NOx)

      • Ozone (tropospheric)

      • Lead

        • Lead was regulated particularly in fuels, leading to a dramatic decrease in the amount of lead in the atmosphere (this is specifically mention in the College Board CED)

  • Set primary standards (to protect human health) and secondary standards (to protect property, visibility, and crops.)

Clean Water Act

  • This act makes it unlawful for anyone to discharge any point source pollution without permits.

  • The act requires that “Best Practicable Technology” (BPT) be used to clean point sources and “Best Available Technology” (BAT) be used to clean up toxins.

  • This act funds construction of several important facilities such as sewage treatment plants and includes provisions for protecting wetlands.

  • The main goal of this act is to get to the point where all water is “fishable and swimmable.”

Safe Drinking Water Act (SDWA)

  • The intention behind this act is to “protect public health” through regulation of public drinking water supply.

  • The act protects the sources of drinking water - including reservoirs, lakes, and rivers.

    • Above ground or underground sources are included

  • The act allows for the EPA to set health standards in order to protect Americans from possible water contaminants.

Biodiversity Protection

CITES: Convention on Int’l Trade in Endangered Species of Wild Fauna & Flora

  • An international agreement regulating trade in living specimen & products derived from listed endangered species

    • Prevents species from reaching point of endangerment or extinction due to international trade

  • Countries collaborate to make sure any type of trade of the specimen is biologically sustainable and does not impede their survival

Endangered Species Act

  • This United States law identifies endangered, threatened, and vulnerable species. In addition, it places restrictions and regulations on any recreational or commercial activities involving these.

    • Endangered: a species is in danger of extinction

    • Threatened: a species is likely to become endangered in the near future without further action or intervention

  • Under this law, the US Fish & Wildlife Service is required to create recovery plans for each listed species, detailing how they will be supported in order to prevent possible extinction.

Commonly Confused International Protocols

Montreal Protocol

  • An international treaty to eliminate production and consumption of ozone depleting substances (ODS).

    • The main goal is to protect the stratospheric ozone layer by phasing out substances including chlorofluorocarbons (CFCs), halons, and carbon tetrafluorides.

  • It was signed by all members of the United Nations. According to the EPA, it was the “first treaty in the history of the UN to achieve universal ratification” and therefore is considered one of the most successful global-environmental actions.

Kyoto Protocol

  • This was an international agreement that was a part of the United Nations’ Framework Convention on Climate Change.

    • The aim of the protocol is to bind the countries that sign the act to regulations that reduce greenhouse gas emissions.

  • The act set tighter regulations on more developed/industrialized countries. Therefore, the United States was one of the only countries to object to the protocol, with representatives refusing to sign it.

Carcinogens

Delaney Clause Of Food, Drug, and Cosmetic Act

  • The Delaney Clause is a provision of a larger amendment to the Food, Drugs, and Cosmetic Act of 1938.

  • It states that chemical additives “found to induce cancer in man” or in animals could NOT be approved for use in foods by the FDA.

    • Any carcinogens causing “reasonable harm” could not be added to food or drugs.

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Full Title Name:  Detailed Discussion of Tennessee Great Apes Laws

I. Introduction

While the state of Tennessee does not prohibit the possession of great apes, the law does contain specific requirements for possessors. Under Tennessee’s exotic animal law, great apes are considered Class I wildlife, meaning that permitees must obtain a permit and meet housing requirements for the animals (T. C. A. §§ 70-4-401 et seq.). Tennessee also indirectly regulates the possession of great apes by reference to the federal endangered species list. In addition, the state declares the unlawful commercial use of wildlife a Class A misdemeanor, or a Class E felony if the animal is valued at $500 or more (T. C. A. § 70-4-201).

Like other states, Tennessee does not define great apes as “endangered,” either under its own endangered species law (T. C. A. §§ 70-8-101 – 112) or accompanying regulations (TN ADC 1660-01-17-.01). Instead, it covers great apes by reference to federal law. Tennessee prohibits the taking, possession, transport, export, process, selling, or shipping of such species.

Great apes are also covered under the state’s anti-cruelty law (T. C. A. §§ 39-14-201 – 215). However, the law contains several exempt categories, including accepted veterinary practices, medical treatment by the owner or with consent of the owner, or bona fide experimentation for scientific research.

II. How Different Uses of Great Apes are Affected by Law

Tennessee law does not prohibit possession of great apes but does require possessors to obtain a permit and adhere to specific caging and care requirements. Different activities are addressed by various state laws and regulations. The law regulates the possession of great apes depending on whether a person possesses an ape privately (e.g., as a “pet”), at a zoo, as a sanctuary, or for scientific research purposes. This section examines the laws by those uses.

A. Private Possession of Great Apes

While Tennessee does not prohibit the private possession of great apes, state law contains extensive requirements for the possession of exotic animals (T. C. A. §§ 70-4-401 – 417). Under Tennessee’s exotic animal law, great apes are considered Class I wildlife, for which a permit is required prior to possession (T. C. A. § 70-4-404). The law also provides standards for the caging and care of Class I wildlife. For more, see section III(A)(3) below.

Tennessee also has laws and regulations pertaining to the commercial use of protected wildlife. Under section 70-4-201, it is unlawful for any person, firm or corporation, any restaurant, club, or hotel in the state to barter, sell, transfer or offer for sale, or to purchase, or offer to purchase, any wildlife except with a valid hunting or fishing license. Violation of this section is a Class A misdemeanor, unless the animal is valued at $500 or more, which then makes it a Class E felony. In addition, state regulation requires a permit for the importation of live wildlife (TN ADC 1660-01-15-.01). The regulations also provide that wildlife obtained through interstate commerce must be in accordance with federal laws and be obtained from a dealer licensed by the U.S. Department of Agriculture under the Animal Welfare Act of 1970.

B. Possession by Accredited Zoos

Tennessee’s exotic animal law requires all possessors of Class I wildlife to obtain a permit (T. C. A. § 70-4-401). State regulations provide that zoos accredited by the American Association of Zoological Parks and Aquariums are exempt from the fees for necessary permits after the completion of an application and providing requested information (TN ADC 1660-01-18-.05). Animals held by zoos may not be sold or transferred to the general public in Tennessee.

C. Sanctuaries

While state law or regulation does not use the term sanctuary, it appears that possession here is governed by the state’s exotic animal law. In order to possess Class I wildlife, a person must obtain a permit from the department (T. C. A. § 70-4-404). The law also provides standards for the caging and care of Class I wildlife. For more, see section III(A)(3)below.

D. Scientific Testing and Research Facilities

The possession of great apes by scientific testing and research facilities is controlled by the state’s exotic animal law. In order to possess Class I wildlife, a person must obtain a permit from the department (T. C. A. § 70-4-404). The law also provides standards for the caging and care of Class I wildlife. For more, see section III(A)(3) below.

Bona fide scientific testing and research is exempt from Tennessee’s anti-cruelty law provisions (T. C. A. § 39-14-202). While great apes are not normally used in chemical testing, in a few states they are still part of scientific research that would be exempt under state anti-cruelty laws.

III. State Laws Affecting Great Apes in Tennessee

Tennessee addresses the use and possession of great apes through several avenues in its laws. The state’s exotic animal law requires possessors of great apes and other Class I wildlife to obtain a permit and follow certain caging and care requirements. Also, while Tennessee does not specifically list great apes under state law as an endangered species, there is incorporation by reference to federal law. Finally, great apes are protected from intentional and unreasonable cruelty under the state’s anti-cruelty provision.

A. Importation, Introduction, and Transplantation of Wildlife Law (T. C. A. §§ 70-4-401 – 417)

Tennessee’s exotic animal law addresses the possession, transportation, commercial use, propagation, and transfer of exotic wildlife.

1. Which Great Apes are Covered?

The law has different standards depending on its classification of the exotic animal. Great apes are defined as Class I wildlife, which includes all species inherently dangerous to humans (T. C. A. § 70-4-403). A permit is required for possession of Class I wildlife (T. C. A. § 70-4-404).

2. What is Prohibited?

Under Tennessee’s exotic animal law, no person shall possess Class I wildlife without having documentary evidence showing the name and address of the supplier of such wildlife and the date of acquisition of the animal (T. C. A. § 70-4-401). In order to obtain a permit to possess Class I wildlife, a person must be at least 21 years old, have at least 2 years of experience handling such animals (or take an approved written exam), have a full-time resident caretaker, and must have a plan for the quick and safe recapture of the wildlife, among other provisions (T. C. A. § 70-4-404). The annual permits and fees for personal possession of Class I wildlife are $150/animal or $1,000/facility. Zoos, nature centers, rehabilitation centers, and educational exhibits certified as nonprofit may obtain a permit at no charge.

Tennessee’s exotic animal law also provides requirements for the transfer of ownership of Class I wildlife (T. C. A. § 70-4-407). The prospective owner must provide the seller with proper documentation of an approved holding facility for the species, including a copy of a current permit or a letter from the Tennessee wildlife resources agency approving the facility. Permitees must notify the agency of the transfer of Class I wildlife within five days of the transfer.

Finally, the accompanying regulations provide further requirements related to the possession of live wildlife. Under section 1660-01-18-.01, the possession of any state or federally threatened or endangered species is permitted only when the species has been legally obtained in the state or country of origin. In addition, permanent exhibitors must have a valid commercial propagators permit in order to engage in the commercial trade of captive wildlife (TN ADC 1660-01-18-.02).

3. Standards for Keeping Exotic Wildlife under the Law

Section 70-4-405 provides standards for the housing of exotic wildlife. No person is to maintain wildlife in captivity in unsanitary or unsafe condition or in a manner that results in the maltreatment or neglect of the wildlife.  The law requires that cages be sufficiently strong to prevent escape and protect the animal from injury. The animal’s enclosure must also meet the cage specifications for that species. The law specifically provides that chimpanzee, gorilla, and orangutan cages are to be constructed of steel bars, two inch galvanized pipe, reinforced masonry block or their strength equivalent.

The accompanying regulations contain additional permanent and mobile facility rules for Class I wildlife. Exhibits of Class I animals must have exclusionary barriers and trained uniformed guards or caretakers present to deter unauthorized public access to the animals, to prevent escape of animals, and to prevent direct physical contact between the animal and the public (TN ADC 1660-01-18-.04). In the absence of guards, deterrent fencing of at least eight feet in height may be used. Animals kept in mobile facilities are not to be allowed out of a caged area at any time.

Any person possessing Class I wildlife is required at all reasonable times to allow the director or an employee of the agency to inspect all animals, facilities, and records to ensure compliance with the permit (T. C. A. § 70-4-409).

4. Penalties

Any person who keeps Class I wildlife is liable for any costs incurred by any person, city, county or state agency resulting from the escape from captivity of the animal or animals (T. C. A. § 70-4-406).

B. Endangered Species Law (T. C. A. §§ 70-8-101 – 112; TN ADC 1660-01-17-.01)

As listed species on the federal list of endangered and threatened species, most great apes are protected under Tennessee’s Endangered Species Act. This act prohibits the taking, possession, transport, export, process, selling, or shipping of such species. The accompanying regulations also prohibit the commercial use of state or federally endangered species.

1. Which Great Apes are Covered?

All great apes are covered by the statute’s reference to the federal Endangered Species list. The law specifically defines endangered species to include “any species or subspecies of fish or wildlife appearing on the United States’ List of Endangered Native Fish and Wildlife . . . as well as any species or subspecies of fish and wildlife appearing on the United States’ List of Endangered Foreign Fish and Wildlife.”

2. What is Prohibited?

Under section 70-8-104, it is unlawful for a person to take, attempt to take, possess, transport, export, process, sell or offer for sale or ship nongame wildlife. It is also unlawful for a common or contract carrier to knowingly transport or receive for shipment nongame wildlife. The accompanying regulations also prohibit the commercial use of any state or federally endangered species, unless the species is taken under a specific exception from the statute (TN ADC 1660-01-17-.01). The law does allow the director to permit the taking, possession, transportation, exportation, or shipment of endangered or threatened species if for scientific, zoological, or educational purposes, for the propagation of the species in captivity, or other species purposes (T. C. A. § 70-8-106). Also, upon good cause and where necessary to alleviate damage to property or to protect human health and safety, endangered or threatened species may be removed, captured, or destroyed pursuant to a permit issued by the executive director, or without a permit in emergency situations.

3. Standards for Great Apes Kept under Tennessee’s Endangered Species Law

This section does not deal with housing conditions. There are also no state administrative regulations concerning the care and keeping of captive endangered species. In most of cases where an animal is held under an exception to the state law, a federal permit will be required and housing issues are addressed under the federal regulations. [See 9 C.F.R. 3.75 – 3.92 (housing, feeding and related care for non-human primates); 42 C.F.R. 9.4 & 9.6 (relating to chimpanzees in sanctuaries); 64 Fed Reg 38145 (relating to psychological well-being of non-human primates held by dealers, exhibitors and research facilities)].

4. Penalties

Violation of the general prohibitions of the statute is a Class B misdemeanor (T. C. A. § 70-8-108). Failing to procure a permit or violating a permit procured under section 70-8-106is a Class A misdemeanor.

C. Cruelty to Animals (T. C. A. §§ 39-14-201 – 215)

Tennessee’s anti-cruelty law is generally applicable to great apes. The statute provides that a person commits the offense of cruelty to animals if he or she intentionally or knowingly tortures, maims, or grossly overworks “an animal.” A person also commits cruelty to animals by unreasonably abandoning an animal in his or her custody or failing unreasonably to provide necessary food, water, care, or shelter for an animal in his or her custody. This section also prohibits the transport or confining of an animal in a cruel manner. “Animal” is defined by the statute as “a domesticated living creature or a wild creature previously captured.” Cruelty to animals is a Class A misdemeanor in Tennessee for a first violation. Any subsequent violation for cruelty to animals is a Class E felony. The statute makes it a defense to prosecution if a person was engaged in accepted veterinary practices, medical treatment by the owner or with consent of the owner, or bona fide experimentation for scientific research.

IV. Conclusion

While state law does not prohibit the possession of great apes, Tennessee views great apes as “exotic wildlife,” through which possession is controlled by permit and housing requirements. While the law contains general standards of care for exotic wildlife, enforcement and inspection provisions are vague. As is true with many states, there is not an overall law that directly addresses the possession of apes or the specific needs of apes in captivity.

 

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Full Title Name:  Detailed Discussion of North Carolina Great Apes Laws

I. Introduction

While the state of North Carolina does not prohibit the possession of great apes, the law does allow cities and counties to regulate possession of dangerous animals by law. However, great apes are not specifically identified or addressed in these laws (NC ST §§ 153A-131 and 160A-187). North Carolina also indirectly regulates the possession of great apes by reference to the federal endangered species list. In addition, the state declares the unlawful sale, possession for sale, or buying of any wildlife a Class 2 misdemeanor (NC ST § 113-294).

Like other states, North Carolina does not define great apes as “endangered,” either under its own endangered species law (NC ST §§ 113-331 – 113-350) or accompanying regulations (NC Admin Code § 10I.0102). Instead, it covers great apes by reference to federal law. North Carolina prohibits any taking, possession, transport, sale, and giving away of federal protected endangered or threatened species except for certain commercial uses.

Great apes are also covered under the state’s anti-cruelty law (NC ST §§ 14-360 – 14-363.2). Still, the law contains a number of exempt categories, including biomedical research or training, activities conducted for lawful veterinary purposes, or the destruction of any animal to protect the public, other animals, property, or the public health.

II. How Different Uses of Great Apes are Affected by Law

North Carolina law does not prohibit possession of great apes but does not allow commercial activity with any wildlife including apes. Different activities are addressed by various state laws. The law regulates the possession of great apes depending on whether a person possesses an ape privately (e.g., as a “pet”), at a zoo, as a sanctuary, or for scientific research purposes. This section examines the laws by those uses.

A. Private Possession of Great Apes

 While North Carolina law makes it a Class 2 misdemeanor to unlawfully sell, possess for sale, or buy any wildlife (NC ST § 113-294), state law does not prohibit ownership or require a permit for possession of great apes. Even so, two state statutes state that a county or city may by ordinance regulate, restrict, or prohibit the possession or harboring of animals that are dangerous to persons or property (NC ST §§ 153A-131 and 160A-187). It would then be up to the municipality to determine whether an ape is dangerous under its code.

B. Possession by Zoological Display

North Carolina’s administrative code allows zoos to acquire and dispose of animals by “any method” (NC Admin Code § 22C.0004). In addition, publicly financed zoos are exempt from the Commission’s standards of caging and care for wild animals held in captivity (NC Admin Code § 10H0302). The North Carolina Zoological Park is also specifically excluded from the provisions of the state’s endangered species act (NC ST § 113-332).

C. Sanctuaries

While state law or regulation does not use the term “sanctuary,” it appears that possession here is governed by section 113-272.5, which governs captivity licenses in North Carolina. The Wildlife Resources Commission may license qualified individuals to hold wild animals “that are crippled, tame, or otherwise unfit for immediate release into their natural habitat.” While the language of this law suggests it only applies to native species, the section’s reference to the term “wildlife” is broad enough to cover great apes. Chapter 13 provides a definition of the term “wildlife” that includes “wild animals,” which is further defined to include “all… wild mammals” (NC ST § 113-129).

This section only contemplates temporary housing of wildlife, as captivity licenses may only be issued for up to one year. The law does not specify standards of care for wildlife, but it does authorize the Wildlife Resources Commission to require standards of caging and care. The Commission may also require reports to and supervision by Commission employees to insure humane treatment of the animal. Pursuant to this authority, the Commission has adopted regulations addressing the enclosure and care requirements for wild animals (NC Admin Code § 10H.0302). For more on these standards, see section III(A)(3) below.

D. Scientific Testing and Research Facilities

Section 113-261 allows the Department, the Wildlife Resources Commission, and agencies of the United States with jurisdiction over fish and wildlife to take wildlife resources within the state for “scientific investigations.” These activities need not comply with licensing and permit requirements under this section. Like zoos, scientific and biological research facilities are also exempt from the Commission’s standards of caging and care for wild animals (NC Admin Code § 10H0302). The state’s anti-cruelty law also exempts scientific research from its provisions.

While Great Apes are not normally used in chemical testing, in a few states they are still part of scientific research that would be exempt under state anti-cruelty laws.

III. State Laws Affecting Great Apes in North Carolina

North Carolina addresses the use and possession of great apes through several avenues in its laws. While state law does not prohibit possession of great apes, the state has two dangerous animal laws that allow cities and counties to adopt ordinances that regulate, restrict, or prohibit the possession or harboring of animals that are dangerous to persons or property (NC ST §§ 153A-131 and 160A-187). Also, while North Carolina does not specifically list great apes under state law as an endangered species, there is incorporation by reference to federal law. Finally, great apes are protected from intentional and malicious cruelty under the state’s anti-cruelty provision.

A. Importation, Introduction, and Transplantation of Wildlife Law

Although state law does not prohibit ownership or require a permit for possession of great apes, two North Carolina statutes provide that a city or county may by ordinance regulate, restrict, or prohibit the possession or harboring of animals that are dangerous to persons or property (NC ST §§ 153A-131 and 160A-187).

1. Which Great Apes are Covered?

These two North Carolina statutes refer generally to “animals that are dangerous to persons or property,” which could potentially apply to any wildlife, including great apes (NC ST §§ 153A-131 and 160A-187).

2. What is Prohibited?

Section 153A-131 states that a county may by ordinance regulate, restrict, or prohibit the possession or harboring of “animals that are dangerous to persons or property.” Section 160A-187 allows a city to do the same.

3. Standards for Keeping of Exotic Wildlife under the Law

Although this section does not deal with housing conditions, the Commission has adopted regulations addressing the caging and care requirements for wild animals held in captivity (NC Admin Code § 10H.0302). The enclosure must provide the animal protection from free ranging animals and from sun or weather that could cause stress to the animal. The animal’s enclosure must also include a den area in which the animal can escape from view and must be large enough to allow the animal to turn around and lie down. No tethers or chains can be used to restrain the animal, and the enclosure must include either an exercise device or a shelf to allow the animal to exercise and climb. Fresh food must be provided daily, and clean water must be available to the animal at all times. Finally, the regulation provides that all enclosures must be constructed pursuant to certain spatial specifications.

These housing requirements do not apply to publicly financed zoos, scientific and biological research facilities, and institutions of higher education that were granted an exemption from the Commission prior to December 1, 2005.

4. Penalties

This section does not deal with penalties. It is also unclear what the consequences to the wildlife will be after a violation of this section has occurred. It seems like wildlife kept in violation would be left to the determination of the city or county.

B. Endangered and Threatened Wildlife and Wildlife Species of Special Concern (NC ST §§ 113-331 – 113-350)

As listed species on the federal list of endangered and threatened species, most great apes are protected under North Carolina’s Endangered Species Act. This act prohibits the taking, possession, transport, sale, and giving away of such species.

1. Which Great Apes are Covered?

Although the general thrust of North Carolina’s law is geared towards native species, all great apes are covered by reference to the federal endangered and threatened species lists (NC ST § 113-334). The law states that any animals listed on the federal endangered or threatened species lists that are native or resident to the state have the same protections as animals on the North Carolina protected animals list.

2. What is Prohibited?

Under section 113-337, “it is unlawful to take, possess, transport, sell, barter, trade, exchange, export, or offer for sale, barter, trade, exchange or export, or give away for any purpose including advertising or other promotional purpose any animal on a protected wild animal list.”

The act excludes the North Carolina Zoological Park from any of the provisions of this section (NC ST § 113-332). This section also authorizes the Wildlife Resources Commission to promulgate regulations that would allow for exceptions to the prohibited acts (NC ST § 113-337(1)). Pursuant to this authority, the Commission’s regulations state that it may issue permits for the taking of endangered, threatened, or special concern species (NC Admin Code § 10I.0102). This exception is limited to scientific study or training, or to a person who lawfully possessed the animal for at least 90 days prior to being listed (NC Admin Code § 10I.0102(b)). The regulations also allow for the taking of an endangered, threatened, or special concern species without a permit in certain situations, such as protecting human life, aiding a sick animal, or disposing of a deceased animal (NC Admin Code § 10I.0102(c)).

3. Standards for Great Apes Kept under North Carolina’s Endangered Species Law

This section does not deal with housing conditions. However, the Commission has adopted regulations addressing the caging and care requirements for wild animals (NC Admin Code § 10H.0302). For more, see III(A)(3) above.

4. Penalties

Violation of this section is a Class 1 misdemeanor, with punishment based on the person’s prior record (NC ST § 113-337(b)). It is unclear what the consequences to the wildlife will be after a violation of this section has occurred.

C. Cruelty to Animals (NC ST §§ 14-360 – 14-363.2)

North Carolina’s anti-cruelty law is generally applicable to great apes. The statute provides that a person commits the offense of cruelty to animals if he or she intentionally overdrives, overloads, wounds, injures, torments, kills, or deprives of necessary sustenance, or causes or procures to be overdriven, overloaded, wounded, injured, tormented, killed, or deprived of necessary sustenance, “any animal.” A person who violates this section is guilty of a Class 1 misdemeanor.

The anti-cruelty law also applies to any person who maliciously tortures, mutilates, maims, cruelly beats, disfigures, poisons, or kills, or cause or procures to be tortured, mutilated, maimed, cruelly beaten, disfigured, poisoned, or killed, “any animal.” A person also commits the offense of cruelty to animals if he or she maliciously kills, or causes or procures to be killed, “any animal” by intentional deprivation of necessary sustenance. Violations of these sections result in a Class H felony. Other prohibited acts include abandoning an animal and conveying any animal in a cruel manner.

Conviction of any offense under this section may result in confiscation of the animal, with the final determination of custody left to the court.

In addition to the criminal remedies available, this section also includes civil remedy provisions (NC ST §§ 19A-1 – 19A-9). The law allows the court to issue preliminary and permanent injunctions in cases of animal cruelty. If the court orders a permanent injunction, it may terminate the rights of the owner and transfer possession of the animal to a new owner. The court may also enjoin the violator from acquiring new animals or limit the number of animals he or she may own for a specified period of time.

There are several exceptions to North Carolina’s anti-cruelty statute that could possibly apply to great apes. The anti-cruelty law does not apply to biomedical research or training, activities conducted for lawful veterinary purposes, or the destruction of any animal to protect the public, other animals, property, or the public health.

IV. Conclusion

North Carolina does not specifically address great apes in any of its laws. While state law does not prohibit the possession of great apes, two state statutes allow counties or cities to adopt ordinances regulating the possession of dangerous animals. However, state law clearly allows the use of apes and other wild animals in zoological displays. While regulations contain standards of caging and care for wild animals held in captivity, publicly financed zoos and research facilities are specifically exempt from these requirements. As is true with many states, there is not an overall law that directly addresses the possession of apes or the specific needs of apes in captivity.

 

 

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