Primates

Summary: Petitioner brought this proceeding pursuant to CPLR article 70 and under the common law for a writ of habeas corpus on behalf of Hercules and Leo, two chimpanzees in the custody of respondent State University of New York at Stony Brook. It sought an order directing respondents to demonstrate the basis for detaining Hercules and Leo, and an order directing their release and transfer to a sanctuary in Florida. Respondents opposed the petition and cross moved to change venue. While the Supreme Court of New York County found that neither CPLR 7002(b)(3) nor CPLR 7004(c) required a change of venue to Suffolk County; that the petitioner had standing to bring the case; and that prior proceedings did not bar this case from being heard, the substance of the petition required a finding as to whether a chimpanzee was a legal person entitled to bring a writ of habeas corpus. Since the Court found it was bound by the Third Department in People ex rel Nonhuman Rights Project, Inc. v. Lavery, which ruled that chimpanzees were not “legal persons” entitled to the rights and protections afforded by a writ of habeas corpus, it denied the habeas corpus petition and dismissed the proceeding.

Summary: This is a brief overview of the regulation of Great Apes under the Endangered Species Act.

Summary: This is a brief overview of the regulation of Great Apes under the CHIMP act.

Summary: This is a brief overview of the regulation of Great Apes under the Animal Welfare Act.

Summary: This paper first examines the historical listing of Great Apes under the Endangered Species Act, including the “split listing” of chimpanzees. It then analyzes how the listing status of Great Apes limits their use in various situations such as private possession, scientific research, and entertainment. Finally, the paper discusses the applicable provisions of CITES that restrict the international trade in Great Apes.

Summary: The following discussion outlines key events from the recent past that led to the surplus of chimpanzees in U.S. research facilities and the actions that the government has taken to reduce the number of chimpanzees that are maintained in those facilities. The remainder of the discussion provides a detailed analysis of the Chimpanzee Health Improvement, Maintenance, and Protection Act and an overview of the current status of the national chimpanzee sanctuary system.

Summary: This paper first addresses the need for protection of Great Apes by the Animal Welfare Aact (AWA), and the method by which they are afforded that protection. It then identifies and analyzes the types of activities that are regulated under the AWA, including commercial trade, exhibition, scientific research, and transportation. The Act requires that apes possessed for any of those purposes are maintained pursuant to certain minimum standards of care. Those standards are outlined and explained in Section IV. While APHIS is ultimately responsible for enforcing the AWA and USDA regulations, the agency does not have exclusive regulatory authority over apes used for those purposes. In addition to a variety of other federal laws, all regulated facilities must comply with all state and local laws governing the import, possession, use, and treatment of apes. The final portion of this paper analyzes the effect that the AWA has on those state and local laws.

Summary: This is a brief overview of Washington Great Ape law.