Animal Law Digest

President Biden signedH.R. 4366, the Consolidated Appropriations Act, 2024. The Act includes Section 247, which prohibits funds appropriated in the Act from being used by the Department of Veterans Affairs (VA) to conduct new experiments on dogs, cats, and non-human primates, unless expressly approved in writing by the VA Secretary. Approval by the Secretary may not be delegated and only certain types of experiments involving these animals may be approved. The Act also requires the VA to submit reports on animal experiments to Congress and to submit to inspections of its dog, cat, and non-human primate research facilities by the U.S. Department of Agriculture. Finally, the Act requires the VA to “implement a plan under which the Secretary will eliminate the research conducted using canines, felines, or non-human primates by not later than 2 years after the date of enactment.”

Miami-Dade County terminated its lease with the MS Leisure Company, dba Miami Seaquarium, for the marine entertainment facility where the orca Tokitae, also known as Lolita, died last August. In a January letter to the company, the county cited “multiple and repeated instances of animal welfare violations” that it views as “a breach of the terms and conditions outlined in the . . . Lease Agreement” and a “failure to uphold the requirement to maintain the animals in accordance with federal laws.” Under the eviction, Miami Seaquarium must vacate the premises by April 21, 2024.

The Miami Seaquarium, a popular Florida tourist attraction, is being evicted from the property it leases from Miami-Dade County. In a lease termination notice sent to the Chief Executive Officer of The Dolphin Company, which owns the Seaquarium, Miami-Dade County, Mayor Daniella Levine Cava cited numerous violations including a lack of experienced staff and decaying habitats. The county had informed the park in January of a possible eviction after a review from the United States Department of Agriculture. A series of federal inspections revealed unsafe and structurally deficient buildings. The eviction notice requires the Seaquarium to vacate the premises by April 21, 2024.

Thailand’s Customs Department reported finding 87 animals, including a red panda, cotton-top tamarin monkey, Sulawesi bear cuscus, fishing cat, lizards, snakes, birds, squirrels, and bats in the luggage of six Indian nationals in Bangkok. The individuals were arrested for attempting to smuggle wildlife out of the country in violation of Thai and international laws. The smugglers were on their way to Mumbai.

The United Kingdom (UK) enacted a de facto ban on keeping primates as pets. The new law becomes enforceable on April 6, 2026, at which point the care of all primates in the UK must meet “zoo-level standards” that are strict enough to effectively ban pet ownership. The Animal Welfare Minister noted that “[a]nyone who fails to provide the same welfare standards as found in a zoo faces a fine and having the primate removed from their care.” There are an estimated 5,000 primates currently being kept as pets in the UK.

The Occupational Safety and Health Administration (OSHA) sent correspondence to Bear Country USA, a South Dakota wildlife menagerie. The OSHA letter advised the company that it was observed breaching the general duty clause of the Occupational Safety and Health Act by allowing its employees “to have unrestricted direct contact with adult black bears during the process of collecting black bear cubs” and exposing its employees to “mauling hazards associated with no physical barrier in place while having direct contact with an apex predator.” OSHA recommended the facility use a physical barrier to protect employees from direct contact with adult black bears when removing bear cubs.

The U.S. Fish & Wildlife Service (FWS) announced its receipt of multiple Endangered Species Act (ESA) permit applications for the export of protected species to Canada submitted by the San Antonio Zoo, Duke University Lemur Center, and Smithsonian Conservation Biology Institute. FWS also received applications to amend captive-bred wildlife (CBW) registrations for Busch Gardens, which seeks CBW registration for 15 species, including generic tigers, and Henry Vilas Zoo, which seeks to remove Bactrian camels from its CBW registration. FWS will accept public comments on the applications through April 1, 2024.

The Animal Legal Defense Fund (ALDF) announced a settlement in the Endangered Species Act (ESA) citizen suit it brought against a Texas animal exhibitor known as Tiger Creek Animal Sanctuary. The suit, brought before the U.S. District Court for the Eastern District of Texas, alleged the facility failed to provide adequate care in contravention of the Animal Welfare Act and harmed “lions, tigers, ring-tailed lemurs, and members of other endangered or threatened species” in violation of the ESA. The facility has agreed to cease breeding endangered animals, cease all non-veterinary direct contact with ESA-protected animals, obtain Association of Zoos and Aquariums (AZA) accreditation within five years, cease acquisition of ESA-protected animals until the facility is AZA compliant, and make improvements to veterinary care, housing, and enrichment for certain species. Under the settlement, if the facility fails to obtain AZA accreditation by the settlement’s deadline, all ESA-protected animals will be rehomed to facilities chosen by ALDF.

The Government of Ontario has euthanized 84 raccoons and filed numerous charges against Mally's Third Chance Raccoon Rescue, a wildlife rehabilitation center, in Kawartha Lakes. In 2023, the provincial Ministry of Natural Resources and Forestry revoked Mally’s wildlife rehabilitator custodian licence and seized 95 raccoons from the facility in October 2023, accusing the owners of over 20 violations of the Fish and Wildlife Conservation Act. The Ministry claims that 93 (not 95) racoons were seized, and of these six raccoons were found dead on-site and three succumbed to severe disease. Mally's denies the allegations and plans to fight the charges, claiming mistreatment by ministry officers and stating the ministry made "uncorroborated allegations" that the raccoons had all contracted distemper.

Bangladesh's High Court has issued a landmark order suspending all licenses allowing the capture and captivity of young elephants for exploitation, such as in begging, circuses, street shows, and for hauling logs. With only about 200 wild elephants left in Bangladesh, half of whom are in captivity, poaching and habitat loss have led to their decline. The court's ruling aims to prevent further exploitation, signaling hope for the rehabilitation of captive elephants.