The U.S. House of Representatives passed House Resolution 263, the Big Cat Public Safety Act, by a vote of 278-134. The bill would resolve the country’s patchwork of exotic pet laws by banning the private ownership of big cats in all fifty states, and prohibiting exhibitors from offering lucrative physical contact sessions with captive cats that contributes to animal trafficking. The measure has been reintroduced multiple times over successive sessions and is endorsed by major organizations such as the National Sheriffs’ Association and the Association of Zoos and Aquariums.
Issue 164
Legislative Updates
Pending Federal Actions
U.S. House of Representatives Passes Big Cat Public Safety Act on International Tiger Day
Bill Would Require Alternative Protein Development in Connection with National Security Strategy
House Resolution 8894 would require the national security strategy to provide for the research and development of sustainable and secure food sources, including food innovation and alternative protein development. The bill was introduced by Representative Elissa Slotkin and has been referred to the House Committee on Armed Services.
House Resolution 8894 would require the national security strategy to provide for the research and development of sustainable and secure food sources, including food innovation and alternative protein development. The bill was introduced by Representative Elissa Slotkin and has been referred to the House Committee on Armed Services.
Enacted State Actions
Massachusetts Requires Laboratories to Offer Healthy Animals for Adoption
Massachusetts Governor Charlie Baker signed House Bill 901, which requires animal research and testing facilities in Massachusetts to offer healthy dogs and cats for adoption once their use in experiments has ended. Massachusetts is the thirteenth state to enact such legislation.
Massachusetts Governor Charlie Baker signed House Bill 901, which requires animal research and testing facilities in Massachusetts to offer healthy dogs and cats for adoption once their use in experiments has ended. Massachusetts is the thirteenth state to enact such legislation.
Pending State Actions
New York Reconsiders Bill to Ban Use of Horses for NYC Carriage Rides
New York Senate Bill 9538 would prohibit the use of horses for carriage rides in the City of New York. Reintroduction of the bill follows the widely publicized August 10, 2022 collapse of a carriage horse in Hell’s Kitchen, after which the carriage operator began beating the fallen animal. The bill has been referred to the Senate Committee on Rules.
New York Senate Bill 9538 would prohibit the use of horses for carriage rides in the City of New York. Reintroduction of the bill follows the widely publicized August 10, 2022 collapse of a carriage horse in Hell’s Kitchen, after which the carriage operator began beating the fallen animal. The bill has been referred to the Senate Committee on Rules.
Enacted Municipal Actions
City of Raleigh Bans Private Ownership of Dangerous Exotic Animals
The City of Raleigh, North Carolina enacted an ordinance making it unlawful “to harbor, possess, keep, maintain, release, transport, or have under their control within the City any dangerous wild animal,” defined to include (but not be limited to) big cats, wolves, non-human primates, venomous snakes, and crocodilians. AZA-accredited zoos and research facilities are among the limited exempted parties. North Carolina remains one of four states with no state-level restriction on the private ownership of exotic animals.
The City of Raleigh, North Carolina enacted an ordinance making it unlawful “to harbor, possess, keep, maintain, release, transport, or have under their control within the City any dangerous wild animal,” defined to include (but not be limited to) big cats, wolves, non-human primates, venomous snakes, and crocodilians. AZA-accredited zoos and research facilities are among the limited exempted parties. North Carolina remains one of four states with no state-level restriction on the private ownership of exotic animals.
San Diego City Council Passes Meat Reduction Policy
San Diego’s City Council passed a Climate Action Plan that includes a commitment to reduce the city’s meat- and dairy-related emissions by 20 percent. The commitment also includes plans to build out energy infrastructure by electrifying the municipal fleet and capturing methane at wastewater treatment plants.
San Diego’s City Council passed a Climate Action Plan that includes a commitment to reduce the city’s meat- and dairy-related emissions by 20 percent. The commitment also includes plans to build out energy infrastructure by electrifying the municipal fleet and capturing methane at wastewater treatment plants.
Case Law Updates
Federal Case Law Updates
DOJ Indicts Doc Antle and Associates for Wildlife Trafficking and Money Laundering
The U.S. Department of Justice (DOJ) indicted South Carolina roadside zoo owner Bhagavan “Doc” Antle for federal criminal charges relating to wildlife trafficking of chimpanzees, lemurs, and cheetahs; money laundering; and conspiracy to commit money laundering. The DOJ also indicted Antle’s employee, Andrew Sawyer; Antle’s partner and associate, Meredith “Moksha” Bybee; owner of the Vision Quest roadside zoo in Monterey, California, Charles Sammut; and owner of the Franklin Drive Through Safari roadside zoo in Texas, Jason Clay. Antle also recently was indicted for money laundering and conspiracy to commit money laundering in connection with a human trafficking enterprise and separately is due to stand trial for wildlife trafficking and animal cruelty charges in the State of Virginia on July 25, 2022.
The U.S. Department of Justice (DOJ) indicted South Carolina roadside zoo owner Bhagavan “Doc” Antle for federal criminal charges relating to wildlife trafficking of chimpanzees, lemurs, and cheetahs; money laundering; and conspiracy to commit money laundering. The DOJ also indicted Antle’s employee, Andrew Sawyer; Antle’s partner and associate, Meredith “Moksha” Bybee; owner of the Vision Quest roadside zoo in Monterey, California, Charles Sammut; and owner of the Franklin Drive Through Safari roadside zoo in Texas, Jason Clay. Antle also recently was indicted for money laundering and conspiracy to commit money laundering in connection with a human trafficking enterprise and separately is due to stand trial for wildlife trafficking and animal cruelty charges in the State of Virginia on July 25, 2022.
Sysco Sues Four Largest Beef Producers for Alleged Price Fixing
Wholesale distributor Sysco Corporation sued Cargill, JBS, Tyson Foods, and National Beef Packing, for allegedly working together to drive up the price of beef. Sysco alleges that the companies carried out a “scheme to artificially constrain the supply of beef entering the domestic supply chain” since at least 2015. The four plaintiffs collectively control an estimated 85% of the beef market.
Wholesale distributor Sysco Corporation sued Cargill, JBS, Tyson Foods, and National Beef Packing, for allegedly working together to drive up the price of beef. Sysco alleges that the companies carried out a “scheme to artificially constrain the supply of beef entering the domestic supply chain” since at least 2015. The four plaintiffs collectively control an estimated 85% of the beef market.
Norwegian Fisheries Pay $85 Million to Resolve Salmon Antitrust Case
Multiple Norwegian fisheries settled a class action litigation over their alleged scheme to fix the price of farm-raised Atlantic salmon after a federal judge in Miami approved an $85 million settlement with salmon processors and other direct purchasers. The lawsuit accused the fisheries of rigging the global salmon market by manipulating a Nasdaq benchmark index pegged to the fish’s daily “spot” price in Oslo.
Multiple Norwegian fisheries settled a class action litigation over their alleged scheme to fix the price of farm-raised Atlantic salmon after a federal judge in Miami approved an $85 million settlement with salmon processors and other direct purchasers. The lawsuit accused the fisheries of rigging the global salmon market by manipulating a Nasdaq benchmark index pegged to the fish’s daily “spot” price in Oslo.
Conservation Groups Settle ESA Litigation Over Livestock Grazing in Conservation Area
A federal judge approved an agreement which settles Endangered Species Act (ESA) litigation brought by the Center for Biological Diversity and Maricopa Audubon Society against the U.S. Fish & Wildlife Service and the U.S. Bureau of Land Management, challenging the approval of livestock grazing in critical habitat for protected species. The terms of the agreement will protect critical habitat for threatened and endangered species from cattle grazing in southeastern Arizona’s Gila Box Riparian National Conservation Area.
A federal judge approved an agreement which settles Endangered Species Act (ESA) litigation brought by the Center for Biological Diversity and Maricopa Audubon Society against the U.S. Fish & Wildlife Service and the U.S. Bureau of Land Management, challenging the approval of livestock grazing in critical habitat for protected species. The terms of the agreement will protect critical habitat for threatened and endangered species from cattle grazing in southeastern Arizona’s Gila Box Riparian National Conservation Area.
State Case Law Updates
Petland Suing City of Fayetteville Over New Ordinance Banning Retail Dog and Cat Sales
Boyle Ventures, which operates Petland pet stores in Arkansas, sued the City of Fayetteville over a new ordinance which bans the retail sales and display of dogs and cats. The plaintiff claims the ordinance is unconstitutional, and Benton County Circuit Judge, Doug Schrantz, entered a temporary restraining order prohibiting the city from enacting the ordinance pending a hearing on November 17, 2022. The ordinance was passed by the city council unanimously and was meant to become enforceable on August 20, 2022.
Boyle Ventures, which operates Petland pet stores in Arkansas, sued the City of Fayetteville over a new ordinance which bans the retail sales and display of dogs and cats. The plaintiff claims the ordinance is unconstitutional, and Benton County Circuit Judge, Doug Schrantz, entered a temporary restraining order prohibiting the city from enacting the ordinance pending a hearing on November 17, 2022. The ordinance was passed by the city council unanimously and was meant to become enforceable on August 20, 2022.
Agency Updates
USDA Ends Controversial “Teachable Moments” Program
The U.S. Department of Agriculture (USDA) notified its stakeholders that the Animal and Plant Health Inspection Service’s Animal Care (AC) team is ending a controversial program known as “Teachable Moments” that reduced the number of citations issued against non-compliant Animal Welfare Act licensees. As directed by the U.S. Congress, the USDA no longer may use the “Teachable Moments” program instituted in 2016, and effective August 1, 2022, AC inspectors are required to document and cite all AWA non-compliances. Teachable Moments, which was meant to be utilized solely for minor non-compliances, was widely criticized after AC inspectors utilized the program too frequently for serious AWA violations that impacted animal welfare and health.
The U.S. Department of Agriculture (USDA) notified its stakeholders that the Animal and Plant Health Inspection Service’s Animal Care (AC) team is ending a controversial program known as “Teachable Moments” that reduced the number of citations issued against non-compliant Animal Welfare Act licensees. As directed by the U.S. Congress, the USDA no longer may use the “Teachable Moments” program instituted in 2016, and effective August 1, 2022, AC inspectors are required to document and cite all AWA non-compliances. Teachable Moments, which was meant to be utilized solely for minor non-compliances, was widely criticized after AC inspectors utilized the program too frequently for serious AWA violations that impacted animal welfare and health.
FWS Announces Opening of Hunting and Fishing on Multiple National Wildlife Refuges
The U.S. Fish & Wildlife Service (FWS) announced that it is opening two National Wildlife Refuges (NWRs) to hunting and sport fishing effective September 15, 2022. In addition, FWS is opening or expanding hunting or sport fishing at sixteen other NWRs and making changes to existing regulations in order to increase access for hunters and anglers on FWS-managed lands and waters.
The U.S. Fish & Wildlife Service (FWS) announced that it is opening two National Wildlife Refuges (NWRs) to hunting and sport fishing effective September 15, 2022. In addition, FWS is opening or expanding hunting or sport fishing at sixteen other NWRs and making changes to existing regulations in order to increase access for hunters and anglers on FWS-managed lands and waters.
FWS’ Proposed Regulatory Changes Under the Bald and Golden Eagle Protection Act Draw Criticism from Conservation Groups
The U.S. Fish and Wildlife Service (FWS) published notice of its intent to revise Bald and Golden Eagle Protection Act regulations authorizing the issuance of permits for eagle incidental take and eagle nest take. The new regulations would authorize the approval of general permits for wind energy and infrastructure projects in lieu of individual permits. Conservation groups have criticized the proposed changes for allegedly weakening existing protections for eagles and failing to institute adequate permit compliance monitoring. FWS will accept public comments on the proposed regulatory changes through November 29, 2022.
The U.S. Fish and Wildlife Service (FWS) published notice of its intent to revise Bald and Golden Eagle Protection Act regulations authorizing the issuance of permits for eagle incidental take and eagle nest take. The new regulations would authorize the approval of general permits for wind energy and infrastructure projects in lieu of individual permits. Conservation groups have criticized the proposed changes for allegedly weakening existing protections for eagles and failing to institute adequate permit compliance monitoring. FWS will accept public comments on the proposed regulatory changes through November 29, 2022.
International Updates
Turkish Advocacy Group Challenges Nationwide Ban on Vegan Cheese
The Vegan Association of Turkey has filed a lawsuit against the Turkish Ministry of Agriculture and Forestry, alleging that recently enacted Article 9/3 of the Turkish Food Code of Regulations, which prohibits the sale and production of dairy-free cheese, is unconstitutional.
The Vegan Association of Turkey has filed a lawsuit against the Turkish Ministry of Agriculture and Forestry, alleging that recently enacted Article 9/3 of the Turkish Food Code of Regulations, which prohibits the sale and production of dairy-free cheese, is unconstitutional.
New Zealand Proposes Tax on Livestock Methane Emissions
A draft proposal in New Zealand aims to address methane emissions linked to climate change by requiring farmers to start paying for their livestock’s emissions starting in 2025. If the plan is adopted, New Zealand would become the first country in the world to charge farmers for the methane emissions emanating from their livestock. The plan would also incentivize farmers to use feed additives to reduce emissions or plant trees on their land to offset the environmental damage.
A draft proposal in New Zealand aims to address methane emissions linked to climate change by requiring farmers to start paying for their livestock’s emissions starting in 2025. If the plan is adopted, New Zealand would become the first country in the world to charge farmers for the methane emissions emanating from their livestock. The plan would also incentivize farmers to use feed additives to reduce emissions or plant trees on their land to offset the environmental damage.
China Enforces Nearly 12,000 Wildlife Crimes Cases in Three Months
Chinese authorities conducted a major wildlife crime enforcement operation between February 15, 2022, and May 15, 2022, resulting in the confiscation of:
- More than 130,000 individual wild animals and plants;
- 140,000 wildlife products;
- 97 tons of timber; and
- 46,000 pieces of illegal hunting gear and fishing gear.
The law enforcement operation involved eleven different governmental agencies and culminated in the interception of more than 14,000 traffickers.
Chinese authorities conducted a major wildlife crime enforcement operation between February 15, 2022, and May 15, 2022, resulting in the confiscation of:
- More than 130,000 individual wild animals and plants;
- 140,000 wildlife products;
- 97 tons of timber; and
- 46,000 pieces of illegal hunting gear and fishing gear.
The law enforcement operation involved eleven different governmental agencies and culminated in the interception of more than 14,000 traffickers.
Dutch City Becomes First in the World to Ban Advertisements for Meat
Haarlem, a city in the Netherlands with a population of about 160,000, became the first city in the world to ban advertisements for meat in public spaces. The prohibition, which will be implemented in 2024, was enacted in response to data showing that animal agriculture is a significant contributor to climate change.
Haarlem, a city in the Netherlands with a population of about 160,000, became the first city in the world to ban advertisements for meat in public spaces. The prohibition, which will be implemented in 2024, was enacted in response to data showing that animal agriculture is a significant contributor to climate change.
3rd Quarter 2022 Highlights