Brooks Animal Law Digest - Issue No. 19 (March 2, 2020)

Alabama Senate Bill 196, if enacted, would give exclusive jurisdiction over all animal enterprises in the state to the Commissioner of Agriculture and Industry, ban any municipality or jurisdiction within the state from prohibiting (outright or via financial deterrents) animal enterprise, and criminalize the making of any report “clearly lacking any basis in fact or law” of animal cruelty against an animal enterprise. The bill would also discourage any entity holding an impounded animal from sterilizing the animal by making that entity liable for “the value of the animal and three times  the projected revenue over the reasonably expected life” of the animal.

California Senate Bill 1405 proposes to expand the scope of existing legislation that prohibits the sale, transfer, breeding, or holding in captivity of orcas to include all cetaceans, including whales, dolphins, and porpoises.

Iowa Senate Bill 2388, if enacted, would prohibit any county or city in the state from enacting legislation that regulates any animal enterprise, including zoos, circuses, and any operation that uses animals for purposes such as entertainment or transportation.

The Humane Society of the United States, Animal Outlook, Mercy for Animals, Government Accountability Project, and Marin Humane have filed suit against the United States Department of Agriculture, alleging that the agency’s decision to increase allowable slaughter speeds in some chicken slaughterhouses to 175 animals per minute violates the Poultry Products Inspection Act, the National Environmental Policy Act, and the Administrative Procedure Act.

The Chinese government has reportedly banned the trade and consumption of wild animals, citing the spread of coronavirus which likely originated in a Chinese wildlife market.

An article published in Trends in Food Science & Technology argues that clarifying the terms used to refer to cultivated meat (including cellular agriculture, cell-based meat, and clean meat) is essential for clarity in policy debates and to establish customer confidence.

Kentucky Senate Bill 179 proposes to prohibit pet stores from selling dogs, cats, or rabbits for profit. A violation of this prohibition would result in a $500 civil fine per animal. The ban would not apply to the display of animals up for adoption from animal shelters.

Alabama Senate Bill 196, if enacted, would give exclusive jurisdiction over all animal enterprises in the state to the Commissioner of Agriculture and Industry, ban any municipality or jurisdiction within the state from prohibiting (outright or via financial deterrents) animal enterprise, and criminalize the making of any report “clearly lacking any basis in fact or law” of animal cruelty against an animal enterprise. The bill would also discourage any entity holding an impounded animal from sterilizing the animal by making that entity liable for “the value of the animal and three times  the projected revenue over the reasonably expected life” of the animal.

Illinois House Bill 5589 proposes to remove the current state requirement that any dog found running at large contrary to the Animal Control Act a second or subsequent time or any dog determined to be potentially dangerous must be spayed or neutered and microchipped.

Idaho House Bill 527 proposes to add pet stores that sell animals as “household pets,” including sugar gliders, hedgehogs, and cold-blooded animals, to the list of entities exempt from wildlife licensing requirements.

California Senate Bill 1405 proposes to expand the scope of existing legislation that prohibits the sale, transfer, breeding, or holding in captivity of orcas to include all cetaceans, including whales, dolphins, and porpoises.

California Senate Bill 1372, if enacted, would require the Department of Fish and Wildlife to study the impacts of state infrastructure projects on wildlife corridors and require other state departments to coordinate with the Department of Fish and Wildlife to minimize and mitigate negative impacts on wildlife habitat.

California Assembly Bill 3190 proposes to exempt so-called micro-dairies from licensing requirements that other dairy operations in the state are required to abide by.

California Assembly Bill 2645, if enacted, would authorize courts overseeing a criminal animal abuse or neglect case to appoint from a list of designated lawyers and law students an advocate who would represent the interest of the animal(s) impacted by the proceeding.

Iowa Senate Bill 2388, if enacted, would prohibit any county or city in the state from enacting legislation that regulates any animal enterprise, including zoos, circuses, and any operation that uses animals for purposes such as entertainment or transportation.

Massachusetts House Bill 4892, if enacted, would prohibit any private citizen from possessing or hunting a wild turkey or interfering with the nest or eggs of a wild turkey. The bill would not prevent licensed wildlife rehabilitators from moving turkeys to more rural areas.

Minnesota House Bill 3733 proposes to prohibit the declawing of cats, except in cases where not doing so poses a danger to the cat’s health.

Mississippi House Bill 1565, if enacted, would make aggravated cruelty to a dog or a cat a felony, rather than a misdemeanor, and punishable by up to a $5000 fine, five years in prison, or both. The bill also includes bars to ownership of cats or dogs following an offense and clarifies that each act constitutes a separate offense.

The state of California has filed suit against several federal agencies, alleging that the agencies’ conclusion that diverting water away from the state’s Central Valley to agricultural operations would not harm endangered species was flawed.

The Center for Biological Diversity has filed suit against the U.S. Fish and Wildlife Service, alleging that the agency has failed to provide a sufficient recovery plan for the Houston toad, listed as endangered almost fifty years ago.

The Center for Biological Diversity has settled its lawsuit against the U.S. Fish and Wildlife Service alleging that the agency failed to designate critical habitat for several endangered species in Hawaii. The settlement includes an agreement by the agency that it will make a critical habitat proposal for the species at issue by February of 2023.

The Humane Society of the United States, Animal Outlook, Mercy for Animals, Government Accountability Project, and Marin Humane have filed suit against the United States Department of Agriculture, alleging that the agency’s decision to increase allowable slaughter speeds in some chicken slaughterhouses to 175 animals per minute violates the Poultry Products Inspection Act, the National Environmental Policy Act, and the Administrative Procedure Act.

The Supreme Court announced it will review a petition from the U.S. Fish and Wildlife Service and the National Marine Fisheries Service seeking to reverse a court order to release documents from a species consultation process.

Paul Kiecker will replace Carmen Rottenberg as Administrator of the Department of Agriculture’s Food Safety Inspection Service, Secretary Perdue has announced.

The Fish and Wildlife Service has issued a final rule allowing the take of Canada geese at agricultural facilities in Connecticut, Delaware, Florida, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, and West Virginia between April 1 and August 31.

The Fish and Wildlife Service has finalized its designation of critical habitat for the black pinesnake of over 320,000 acres spanning ten counties in Mississippi and Alabama. The rule becomes effective on March 27, 2020.

The Fish and Wildlife Service has announced the availability of the draft recovery plan for the eastern massasauga rattlesnake. The agency is accepting comments on the plan until March 27, 2020.

The Fish and Wildlife Service has announced that the San Diego Zoological Society has applied for an Endangered Species Act permit to pursue, survey, capture, handle, remove adults from the wild, euthanize, transport, captive rear, and/or release two species of endangered butterflies: the Quino checkerspot butterfly and the Laguna Mountains skipper. The agency is accepting comments on this application until March 27, 2020.

The Food Safety Inspection Service has denied a 2017 Food & Water Watch petition requesting that the agency remove Brazil from the list of countries eligible to import meat products in the United States.

The Fish and Wildlife Service has announced it has revised the proposed critical habitat for the western distinct population segment of the yellow-billed cuckoo. The new proposed area covers approximately 493,665 acres across Arizona, Colorado, California, Idaho, New Mexico, Utah and Texas. The agency is accepting comments on this revised proposal until April 27, 2020.

The Fish and Wildlife Service has adopted a final 4(d) Endangered Species Act rule for the threatened Louisiana pinesnake.

The National Oceanic and Atmospheric Administration has announced its intent to prepare a Draft Supplemental Environmental Impact Statement in response to the Makah Tribe’s request to hunt Gray Whales. The agency is not asking for any additional input to prepare this statement.

The Chinese government has reportedly banned the trade and consumption of wild animals, citing the spread of coronavirus which likely originated in a Chinese wildlife market.

The Whale Sanctuary Project has announced it intends to open a sanctuary for cetaceans raised in and then rescued from captivity in Nova Scotia.

An article published in Trends in Food Science & Technology argues that clarifying the terms used to refer to cultivated meat (including cellular agriculture, cell-based meat, and clean meat) is essential for clarity in policy debates and to establish customer confidence.

An article in the journal Appetite explores Australian consumer attitudes and goals regarding meat consumption.

A philosophical article delves into the moral distinctions and resulting blame between two forms of animal abuse: eating factory farming meat and torturing puppies.