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

  BACK TO DIGEST INDEX

This Week's Spotlights

Legislative Updates - Pending Federal Actions
Congress Considers Delegating Management of All ESA-Listed Aquatic Species to Fish and Wildlife Service
February 8, 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 Considers Amending ESA to Prohibit Listing of Nonnative Species
February 8, 2021

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 Considers Establishing Animal Cruelty Crimes Section in DOJ
February 11, 2021

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

Legislative Updates - Pending State Actions
Wisconsin Considers Limitation on Use of Term “Dairy”
February 8, 2021

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 Considers Limitation on Use of Term “Meat”
February 8, 2021

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 Considers Limitation on Use of Term “Milk”
February 8, 2021

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 Considers Ban on Balloon Releases
February 8, 2021

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.

Case Law Updates - Federal Case Law Updates
USDA Settles Lawsuit Challenging AWA Self-Reporting and “Teachable Moments” Rules
February 11, 2021

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.”

Ninth Circuit Upholds Revocation of Aquaculture Permit
February 11, 2021

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.

Agency Updates
FWS Delays Implementation of MBTA Rule and Requests Comments
February 9, 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.

Legislative Updates

Pending Federal Actions
Congress Considers Delegating Management of All ESA-Listed Aquatic Species to Fish and Wildlife Service
February 8, 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 Considers Amending ESA to Prohibit Listing of Nonnative Species
February 8, 2021

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 Considers Establishing Animal Cruelty Crimes Section in DOJ
February 11, 2021

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

Pending State Actions
Tennessee Considers Requiring Commercial Dog Breeder Registration
February 8, 2021

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 Considers Expanding Definition of Aggravated Cruelty to Animals
February 8, 2021

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 Considers Lowering Minimum Age to Kill Big Game or Trophy Animal
February 8, 2021

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 Considers Requiring Submission of Map with Applications to Kill Wildlife or Exotic Animals from Aircraft
February 8, 2021

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 Considers Limitation on Use of Term “Dairy”
February 8, 2021

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 Considers Limitation on Use of Term “Meat”
February 8, 2021

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 Considers Limitation on Use of Term “Milk”
February 8, 2021

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 Considers Ban on Balloon Releases
February 8, 2021

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 Considers Free Animal Adoptions for Veterans
February 9, 2021

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 Considers Petitions for Cost of Care of Seized Animals
February 9, 2021

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 Considers Ban on Animal Ownership for Convicted Animal Abusers
February 10, 2021

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 Considers Allowing for Companion Animals in Affordable Housing
February 10, 2021

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.”

Case Law Updates

Federal Case Law Updates
Groups Challenge Approval of Wisconsin Power Line
February 10, 2021

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.

USDA Settles Lawsuit Challenging AWA Self-Reporting and “Teachable Moments” Rules
February 11, 2021

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.”

Ninth Circuit Upholds Revocation of Aquaculture Permit
February 11, 2021

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.

Agency Updates

NMFS Extends Comment Period for Critical Habitat for Threatened Coral
February 3, 2021

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.

FWS Delays Implementation of MBTA Rule and Requests Comments
February 9, 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.

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