Brooks Animal Law Digest - Issue No. 71 (February 15, 2021)

Congress House Bill 866 would consolidate the management of all aquatic species under the Endangered Species Act to the Fish and Wildlife Service. Currently the Fish and Wildlife Service is responsible for management of freshwater species and the National Marine Fisheries Service is responsible for management of anadromous fish and marine wildlife.

Congress House Bill 930 and Senate Bill 276 would amend the Endangered Species Act to provide that nonnative species may not be treated as an endangered or threatened species under the Act.

Congress House Bill 1016 would establish an Animal Cruelty Crimes section within the Department of Justice’s Environment and Natural Resources Division.

Wisconsin Senate Bill 81 would prohibit labeling of any product as “a type of dairy product” unless the product is made from cow or “hooved or camelid mammal” milk or a product defined as milk under federal law.

Wisconsin Senate Bill 82 would prohibit the labeling of any product as “meat, or a similar term unless the food product is derived from an edible part of the flesh of an animal or any part of an insect . . . and does not include cultured animal tissue that is produced from animal cell cultures.”

Wisconsin Senate Bill 83 would prohibit the labeling of any product “any type of milk” unless it is milk from a cow or “hooved or camelid mammal” or a product defined as milk under federal law.

Rhode Island House Bill 5376 would prohibit the intentional release of a balloon inflated with a gas that is lighter than air except for a balloon released for scientific or meteorological purposes on behalf of a government agency or pursuant to a government contract, a hot air balloon that is recovered after launching, or a balloon that is released and remains indoors.

The United States Department of Agriculture has settled a lawsuit brought by Advancing Law for Animals on behalf of Stop Animal Exploitation Now and Missouri Alliance for Animal Legislation challenging the agency’s promulgation of rules implementing the Animal Welfare Act. The settlement provides that the agency will remove a rule stating it will not issue a citation for noncompliance with the Act if self-reported in certain circumstances and will revise a rule that required citations only for violations that caused “noticeable pain or distress to an animal.”

The Ninth Circuit has upheld a decision by a federal judge in Washington to partially vacate a Clean Water Act permit issued for commercial shellfish.

The Fish and Wildlife Service has announced it will delay the effective date of its final rule defining the scope of the Migratory Bird Treaty Act as limited to actions directed at migratory birds, their nests, or their eggs to March 8, 2021. The agency is accepting comments to inform its review of this final rule and whether the further extension of the effective date is necessary until March 1, 2021.

Congress House Bill 866 would consolidate the management of all aquatic species under the Endangered Species Act to the Fish and Wildlife Service. Currently the Fish and Wildlife Service is responsible for management of freshwater species and the National Marine Fisheries Service is responsible for management of anadromous fish and marine wildlife.

Congress House Bill 930 and Senate Bill 276 would amend the Endangered Species Act to provide that nonnative species may not be treated as an endangered or threatened species under the Act.

Congress House Bill 1016 would establish an Animal Cruelty Crimes section within the Department of Justice’s Environment and Natural Resources Division.

Tennessee House Bill 547 would require commercial dog breeders to register with the state and comply with inspection requirements promulgated by the Commissioner of Commerce and Insurance with regard to housing, compatible grouping of dogs, veterinary care, and sanitation. Failure to register would result in a Class A misdemeanor.

New York Senate Bill 4505 would amend the definition of the crime of aggravated cruelty to animals to include when a person “under circumstances evincing a depraved indifference to the life of an animal . . . recklessly engages in conduct which creates a grave risk of serious physical injury or death to the animal, and thereby causes serious physical injury or death to such animal.”

Wyoming House Bill 115 would lower the minimum age at which a person may take a big or trophy game animal from 12 years old to 11 years old “if the person will attain 12 years of age by the end of that calendar year.”

Texas House Bill 1631 would require that an applicant for a permit to “take wildlife [or] exotic animals from aircraft” submit with their application a map indicating the location and boundaries of the property and a signed statement saying that the map is “true and correct.”

Wisconsin Senate Bill 81 would prohibit labeling of any product as “a type of dairy product” unless the product is made from cow or “hooved or camelid mammal” milk or a product defined as milk under federal law.

Wisconsin Senate Bill 82 would prohibit the labeling of any product as “meat, or a similar term unless the food product is derived from an edible part of the flesh of an animal or any part of an insect . . . and does not include cultured animal tissue that is produced from animal cell cultures.”

Wisconsin Senate Bill 83 would prohibit the labeling of any product “any type of milk” unless it is milk from a cow or “hooved or camelid mammal” or a product defined as milk under federal law.

Rhode Island House Bill 5376 would prohibit the intentional release of a balloon inflated with a gas that is lighter than air except for a balloon released for scientific or meteorological purposes on behalf of a government agency or pursuant to a government contract, a hot air balloon that is recovered after launching, or a balloon that is released and remains indoors.

Rhode Island House Bill 5369 would waive adoption fees for a dog or cat for a person who presents a current and valid driver’s license identifying the person as a veteran. The bill would allow public shelters to limit the number of dogs or cats adopted under that provision to one every six months.

Maryland House Bill 1080 and Senate Bill 760 would authorize certain persons, including officers or authorized agents of humane societies, to petition for costs of care of an animal who is seized from the owner of the animal.

Massachusetts Senate Bill 796 would prohibit any person convicted of an animal abuse crime from owning, possessing, or harboring an animal “for any length of time that the court deems reasonable for the protection of all animals.”

Illinois Senate Bill 154 would provide that no Housing Authority may restrict tenants from living with “one or more common household pets regardless of breed, size, or weight” and that a tenant of multifamily rental housing “acquired, constructed, or rehabilitated with any money from the Trust Fund that was designated for affordable housing for low and very low-income” may live with 4 cats or 3 dogs “regardless of breed, size, or weight . . . in accordance with any applicable laws.”

A coalition of groups has filed suit against the Fish and Wildlife Service, the Administrator of the Rural Utilities Service, and the Manager of the Upper Mississippi River National Wildlife and Fish Refuge alleging that the federal agencies approved a 102-mile power line in violation of the National Environmental Policy Act and the Administrative Procedure Act.

The United States Department of Agriculture has settled a lawsuit brought by Advancing Law for Animals on behalf of Stop Animal Exploitation Now and Missouri Alliance for Animal Legislation challenging the agency’s promulgation of rules implementing the Animal Welfare Act. The settlement provides that the agency will remove a rule stating it will not issue a citation for noncompliance with the Act if self-reported in certain circumstances and will revise a rule that required citations only for violations that caused “noticeable pain or distress to an animal.”

The Ninth Circuit has upheld a decision by a federal judge in Washington to partially vacate a Clean Water Act permit issued for commercial shellfish.

The National Marine Fisheries Service has announced it is once again extending the comment period for its proposed rule to designate critical habitat for seven threatened corals in U.S. waters in the Indo-Pacific. The agency is now accepting comments until March 27, 2021.

The Fish and Wildlife Service has announced it will delay the effective date of its final rule defining the scope of the Migratory Bird Treaty Act as limited to actions directed at migratory birds, their nests, or their eggs to March 8, 2021. The agency is accepting comments to inform its review of this final rule and whether the further extension of the effective date is necessary until March 1, 2021.