House Resolution 200, the “Forest Information Reform Act,” would provide that the Secretary of Agriculture and Secretary of the Interior are no longer required to reinitiate Endangered Species Act (ESA) consultations on approved, amended, or revised Forest Service Plans or Bureau of Land Management Plans when the U.S. Fish & Wildlife Service lists new species or designates critical habitats. The bill was introduced by Representative Matt Rosendale and has been referred to the House Committee on Natural Resources and the House Committee on Agriculture.
This Week's Spotlights
Legislative Spotlights - Pending Federal Actions
Bill Would Remove Requirement to Reinitiate ESA Consultations Between USDA and DOI Under Certain Circumstances
Legislative Spotlights - Pending State Actions
Rhode Island Bill Would Establish Animal Abuser Registry
Rhode Island House Bill 5207 would establish a publicly available animal abuser registry and prohibit animal shelters from adopting out animals to anyone listed on the registry. The bill has been referred to the House Judiciary Committee.
Rhode Island House Bill 5207 would establish a publicly available animal abuser registry and prohibit animal shelters from adopting out animals to anyone listed on the registry. The bill has been referred to the House Judiciary Committee.
Florida Bill Would Ban Sales of Cosmetics That Have Been Tested on Animals
Florida House Bill 381 would prohibit the manufacture, import, or sales of cosmetics that have been tested on animals. The bill has not yet been assigned to a committee.
Florida House Bill 381 would prohibit the manufacture, import, or sales of cosmetics that have been tested on animals. The bill has not yet been assigned to a committee.
Hawaii Bill Would Ban All Exhibition of Captive Cetaceans
Hawaii House Bill 901 would prohibit any exhibition or display of captive cetaceans whether done gratuitously or for a fee. Violators would be subject to fines of up to $10,000 per offense. The bill is still pending committee assignment.
Hawaii House Bill 901 would prohibit any exhibition or display of captive cetaceans whether done gratuitously or for a fee. Violators would be subject to fines of up to $10,000 per offense. The bill is still pending committee assignment.
Hawaii Bills Would Ban Retail Pet Sales of Dogs, Cats, and Rabbits
Hawaii House Bill 849 would ban the retail sales of dogs, cats, and rabbits by pet stores. A similar bill, House Bill 821, would prohibit sales of dogs, cats, and rabbits by pet stores and breeder-dealers. Both bills are still pending committee assignment.
Hawaii House Bill 849 would ban the retail sales of dogs, cats, and rabbits by pet stores. A similar bill, House Bill 821, would prohibit sales of dogs, cats, and rabbits by pet stores and breeder-dealers. Both bills are still pending committee assignment.
Hawaii Aquaculture Bill Would Create Approval Process for the Import of Aquatic Livestock
Hawaii House Bill 489 would create an assessment and approval process to import and move aquatic livestock in the state. The bill has been referred to respective House Committees on Consumer Protection and Commerce, Economic Development, Agriculture, and Finance.
Hawaii House Bill 489 would create an assessment and approval process to import and move aquatic livestock in the state. The bill has been referred to respective House Committees on Consumer Protection and Commerce, Economic Development, Agriculture, and Finance.
New Jersey Bill Would Direct Construction of Wildlife Connectivity Corridors
New Jersey Assembly Bill 5088 would require the state’s Department of Transportation to establish a program for the construction of wildlife crossings on certain roads and highways. The bill has been referred to the Assembly Transportation and Independent Authorities Committee.
New Jersey Assembly Bill 5088 would require the state’s Department of Transportation to establish a program for the construction of wildlife crossings on certain roads and highways. The bill has been referred to the Assembly Transportation and Independent Authorities Committee.
New York Bill Would Remove Animal Cruelty Laws from the Agriculture and Markets Laws and Codify them in the State Penal Code
New York Assembly Bill 1844 would make technical changes to the state’s animal cruelty laws and codify cruelty laws in the state’s penal code rather than the state’s agriculture and marketing laws. This action would remove jurisdiction on New York animal cruelty legislation from the state Assembly Committee on Agriculture and Senate Agriculture Committee. The bill has been referred to the Assembly Committee on Codes.
New York Assembly Bill 1844 would make technical changes to the state’s animal cruelty laws and codify cruelty laws in the state’s penal code rather than the state’s agriculture and marketing laws. This action would remove jurisdiction on New York animal cruelty legislation from the state Assembly Committee on Agriculture and Senate Agriculture Committee. The bill has been referred to the Assembly Committee on Codes.
Montana Bill Would Allow Taking of Grizzly Bears
Montana LC 925 would set requirements for the lawful taking of grizzly bears subject to U.S. Fish & Wildlife Service delisting. The bill has not yet been assigned to a committee.
Montana LC 925 would set requirements for the lawful taking of grizzly bears subject to U.S. Fish & Wildlife Service delisting. The bill has not yet been assigned to a committee.
West Virginia Bill Would Establish Publicly Available Animal Abuser Registry
West Virginia House Bill 2979 would establish a publicly available animal abuser registry. The bill has been referred to the House Committee on Agriculture and Natural Resources and the Committee on the Judiciary.
West Virginia House Bill 2979 would establish a publicly available animal abuser registry. The bill has been referred to the House Committee on Agriculture and Natural Resources and the Committee on the Judiciary.
Hawaii Bill Would Prohibit New CAFOs
Hawaii Senate Bill 1585 would prohibit licensing, construction, or operation of new large, concentrated animal feeding operations (CAFOs) in the state. The bill has been referred to the Senate Committee on Agriculture and Environment.
Hawaii Senate Bill 1585 would prohibit licensing, construction, or operation of new large, concentrated animal feeding operations (CAFOs) in the state. The bill has been referred to the Senate Committee on Agriculture and Environment.
Hawaii Bill Would Establish Plant-Based Proteins as Primary Proteins for Students at the University of Hawaii
Hawaii Senate Bill 1533 would accommodate students and promote sustainability at the University of Hawaii by providing “plant-based proteins as primary proteins.” The bill further would require that “by January 1, 2035, plant-based proteins shall be the primary protein in fifty per cent of all meals eligible for purchase with a meal plan.” The bill has been referred to the Senate Committee on Education and the Senate Ways and Means Committee.
Hawaii Senate Bill 1533 would accommodate students and promote sustainability at the University of Hawaii by providing “plant-based proteins as primary proteins.” The bill further would require that “by January 1, 2035, plant-based proteins shall be the primary protein in fifty per cent of all meals eligible for purchase with a meal plan.” The bill has been referred to the Senate Committee on Education and the Senate Ways and Means Committee.
Hawaii Bill Would Mandate Cage-Free Housing for Egg-Laying Hens Starting in 2025
Hawaii House Bill 1293 would require cage-free housing systems for egg-laying hens beginning January 1, 2025. The bill has been referred to the House Committee on Agriculture.
Hawaii House Bill 1293 would require cage-free housing systems for egg-laying hens beginning January 1, 2025. The bill has been referred to the House Committee on Agriculture.
Iowa Bill Would Prohibit Dog Breed Discrimination by Insurance Companies
Iowa House Bill 99 would prohibit insurance companies from discriminating against homeowner’s and renter’s policy holders based on the breed of any dogs kept in the home. The bill has been referred to the House Commerce Committee.
Iowa House Bill 99 would prohibit insurance companies from discriminating against homeowner’s and renter’s policy holders based on the breed of any dogs kept in the home. The bill has been referred to the House Commerce Committee.
Minnesota Bill Would Prohibit Dog Breed Discrimination by Insurance Companies
Minnesota Senate File 762 would prohibit insurance companies from: “1) refusing to issue or renew an insurance policy or contract, (2) canceling an insurance policy or contract, or (3) charging or imposing an increased premium or rate for an insurance policy or contract, based solely on the fact that the homeowner harbors or owns a dog of a specific breed or mixture of breeds.” The bill has been referred to the Senate Committee on Commerce and Consumer Protection.
Minnesota Senate File 762 would prohibit insurance companies from: “1) refusing to issue or renew an insurance policy or contract, (2) canceling an insurance policy or contract, or (3) charging or imposing an increased premium or rate for an insurance policy or contract, based solely on the fact that the homeowner harbors or owns a dog of a specific breed or mixture of breeds.” The bill has been referred to the Senate Committee on Commerce and Consumer Protection.
Montana Bill Would Place Right to Hunt Constitutional Amendment on the November 2024 Ballot
Montana LC 3404 would place a state constitutional amendment establishing the right to hunt, fish, trap, and harvest wild fish and wildlife on the November 2024 voting ballot. The bill has not yet been assigned to a committee.
Montana LC 3404 would place a state constitutional amendment establishing the right to hunt, fish, trap, and harvest wild fish and wildlife on the November 2024 voting ballot. The bill has not yet been assigned to a committee.
New York Bill Would Mandate Cage-Free Housing for Egg-Laying Hens
New York Senate Bill 2957 would require the use of cage-free housing systems for egg-laying hens within twenty-four months of the bill’s enactment. The bill has been referred to the Senate Agriculture Committee.
New York Senate Bill 2957 would require the use of cage-free housing systems for egg-laying hens within twenty-four months of the bill’s enactment. The bill has been referred to the Senate Agriculture Committee.
Maine Bill Would Prohibit Dog Breed Discrimination by Insurance Companies
Maine Senate Bill 350 would mandate that insurance companies “may not cancel, refuse to issue or renew or charge an increased premium for a property insurance policy … solely on the basis of a policyholder's ownership of a certain breed of dog.” The bill has not yet been assigned to a committee.
Maine Senate Bill 350 would mandate that insurance companies “may not cancel, refuse to issue or renew or charge an increased premium for a property insurance policy … solely on the basis of a policyholder's ownership of a certain breed of dog.” The bill has not yet been assigned to a committee.
Rhode Island Bill Would Ban Sales of Fur Products
Rhode Island House Bill 5258 would prohibit the sale of fur products. The bill has been referred to the House Judiciary Committee.
Rhode Island House Bill 5258 would prohibit the sale of fur products. The bill has been referred to the House Judiciary Committee.
Texas Bill Would Impose Labeling Requirements for Plant-Based Alternatives and Cultivated Meat
Texas House Bill 1788 would impose labeling requirements for plant-based alternatives and cultivated meat products. The bill has not yet been assigned to a committee.
Texas House Bill 1788 would impose labeling requirements for plant-based alternatives and cultivated meat products. The bill has not yet been assigned to a committee.
Utah Bill Would Eliminate Rescue Defense in Livestock Theft Prosecutions
Utah House Bill 114 would amend Utah’s theft statute by providing that a person charged with theft of livestock may not rely on a defense that the animal was “sick, dying, or a liability to the owner.” Introduction of the bill follows the October 2022 acquittal of animal activists who rescued sick piglets from a Utah factory farm. The Utah House of Representatives passed the bill on January 27, 2023, and it has been referred to the Utah Senate Judiciary and Law Enforcement Committee for a February 1, 2023, hearing.
Utah House Bill 114 would amend Utah’s theft statute by providing that a person charged with theft of livestock may not rely on a defense that the animal was “sick, dying, or a liability to the owner.” Introduction of the bill follows the October 2022 acquittal of animal activists who rescued sick piglets from a Utah factory farm. The Utah House of Representatives passed the bill on January 27, 2023, and it has been referred to the Utah Senate Judiciary and Law Enforcement Committee for a February 1, 2023, hearing.
State Case Law Spotlights
City of New York Seeks Declaratory Judgment that State Agriculture Department Overreached in its Review of Local Foie Gras Ban
The City of New York sued the New York State Department of Agriculture and Markets (Department of Agriculture) over its handling of Local Law 202, the proposed foie gras ban the city passed in 2019. The litigation follows a lawsuit filed by two foie gras farms, Hudson Valley and La Belle, which challenged the ban in court in May 2022. In September 2022, a New York State Supreme Court judge issued a preliminary injunction and three months later, the Department of Agriculture referred to Local Law 202 as “unreasonably restrictive” in its assessment of the ordinance. In the instant case, the City of New York argues that the state agency lacks the authority to review Local Law 202 and is seeking a declaratory judgment that the agency’s determination was arbitrary and capricious.
The City of New York sued the New York State Department of Agriculture and Markets (Department of Agriculture) over its handling of Local Law 202, the proposed foie gras ban the city passed in 2019. The litigation follows a lawsuit filed by two foie gras farms, Hudson Valley and La Belle, which challenged the ban in court in May 2022. In September 2022, a New York State Supreme Court judge issued a preliminary injunction and three months later, the Department of Agriculture referred to Local Law 202 as “unreasonably restrictive” in its assessment of the ordinance. In the instant case, the City of New York argues that the state agency lacks the authority to review Local Law 202 and is seeking a declaratory judgment that the agency’s determination was arbitrary and capricious.
Agency Spotlights
CDC Announces Extension on Suspension of the Import of Dogs from 108 Countries
The Centers for Disease Control and Prevention (CDC) announced an extension of the current temporary suspension of the importation of dogs into the United States from 108 countries the agency designates as having a high risk of rabies. The suspension will remain in effect through July 31, 2023.
The Centers for Disease Control and Prevention (CDC) announced an extension of the current temporary suspension of the importation of dogs into the United States from 108 countries the agency designates as having a high risk of rabies. The suspension will remain in effect through July 31, 2023.
Legislative Updates
Pending Federal Actions
Bill Would Require Factory Farms to Establish Disaster Preparedness Plans
House Resolution 243, the ‘‘Emergency and Disaster Preparedness for Farm Animals Act,’’ would require producers to establish disaster preparedness plans to be eligible for livestock indemnity payments and other disaster assistance programs. The bill was introduced by Representative Steve Cohen and has been referred to the House Committee on Agriculture.
House Resolution 243, the ‘‘Emergency and Disaster Preparedness for Farm Animals Act,’’ would require producers to establish disaster preparedness plans to be eligible for livestock indemnity payments and other disaster assistance programs. The bill was introduced by Representative Steve Cohen and has been referred to the House Committee on Agriculture.
Bill Would Remove Requirement to Reinitiate ESA Consultations Between USDA and DOI Under Certain Circumstances
House Resolution 200, the “Forest Information Reform Act,” would provide that the Secretary of Agriculture and Secretary of the Interior are no longer required to reinitiate Endangered Species Act (ESA) consultations on approved, amended, or revised Forest Service Plans or Bureau of Land Management Plans when the U.S. Fish & Wildlife Service lists new species or designates critical habitats. The bill was introduced by Representative Matt Rosendale and has been referred to the House Committee on Natural Resources and the House Committee on Agriculture.
House Resolution 200, the “Forest Information Reform Act,” would provide that the Secretary of Agriculture and Secretary of the Interior are no longer required to reinitiate Endangered Species Act (ESA) consultations on approved, amended, or revised Forest Service Plans or Bureau of Land Management Plans when the U.S. Fish & Wildlife Service lists new species or designates critical habitats. The bill was introduced by Representative Matt Rosendale and has been referred to the House Committee on Natural Resources and the House Committee on Agriculture.
Bipartisan Group of Senators Reintroduces the American Beef Labeling Act
Senators John Thune, Jon Tester, Mike Rounds, and Cory Booker reintroduced Senate Bill 52, the “American Beef Labeling Act,” which would reinstate mandatory country of origin labeling for beef. The bill has been referred to the Senate Committee on Agriculture, Nutrition, and Forestry.
Senators John Thune, Jon Tester, Mike Rounds, and Cory Booker reintroduced Senate Bill 52, the “American Beef Labeling Act,” which would reinstate mandatory country of origin labeling for beef. The bill has been referred to the Senate Committee on Agriculture, Nutrition, and Forestry.
Bill Would Require Internet Publication of Criteria Used for ESA Listings
House Resolution 518 would amend the Endangered Species Act to require publication on the internet of the basis for determinations that species are endangered or threatened. The bill was introduced by Representative Tom McClintock and has been referred to the House Natural Resources Committee. Bill text is not yet publicly available.
House Resolution 518 would amend the Endangered Species Act to require publication on the internet of the basis for determinations that species are endangered or threatened. The bill was introduced by Representative Tom McClintock and has been referred to the House Natural Resources Committee. Bill text is not yet publicly available.
Pending State Actions
Hawaii Bill Would Establish Feral Chicken Management Projects
Hawaii House Bill 576 would require the establishment of feral chicken management projects. The bill has been referred to the House Committee on Agriculture and the House Committee on Finance.
Hawaii House Bill 576 would require the establishment of feral chicken management projects. The bill has been referred to the House Committee on Agriculture and the House Committee on Finance.
Utah Bill Would Eliminate Rescue Defense in Livestock Theft Prosecutions
Utah House Bill 114 would amend Utah’s theft statute by providing that a person charged with theft of livestock may not rely on a defense that the animal was “sick, dying, or a liability to the owner.” Introduction of the bill follows the October 2022 acquittal of animal activists who rescued sick piglets from a Utah factory farm. The Utah House of Representatives passed the bill on January 27, 2023, and it has been referred to the Utah Senate Judiciary and Law Enforcement Committee for a February 1, 2023, hearing.
Utah House Bill 114 would amend Utah’s theft statute by providing that a person charged with theft of livestock may not rely on a defense that the animal was “sick, dying, or a liability to the owner.” Introduction of the bill follows the October 2022 acquittal of animal activists who rescued sick piglets from a Utah factory farm. The Utah House of Representatives passed the bill on January 27, 2023, and it has been referred to the Utah Senate Judiciary and Law Enforcement Committee for a February 1, 2023, hearing.
Oregon Bill Would Require Aquaculture Report
Oregon Senate Bill 89 would require the state’s Department of Agriculture to study and prepare a report on aquaculture, including proposed legislation. The bill has been referred to Senate Ways and Means and to the Joint Ways and Means Committee.
Oregon Senate Bill 89 would require the state’s Department of Agriculture to study and prepare a report on aquaculture, including proposed legislation. The bill has been referred to Senate Ways and Means and to the Joint Ways and Means Committee.
Rhode Island Bill Would Establish Animal Abuser Registry
Rhode Island House Bill 5207 would establish a publicly available animal abuser registry and prohibit animal shelters from adopting out animals to anyone listed on the registry. The bill has been referred to the House Judiciary Committee.
Rhode Island House Bill 5207 would establish a publicly available animal abuser registry and prohibit animal shelters from adopting out animals to anyone listed on the registry. The bill has been referred to the House Judiciary Committee.
West Virginia Bill Would Relax Existing Dog Racing and Associated Gaming Regulations
West Virginia Senate Bill 305 would amend existing dog racing laws to make dog racing licenses more broadly available and to empower the West Virginia Racing Commission to promulgate rules to allow racetrack table games where only simulcast dog racing is available. The bill has been referred to the Senate Committee on the Judiciary and the Committee on Finance.
West Virginia Senate Bill 305 would amend existing dog racing laws to make dog racing licenses more broadly available and to empower the West Virginia Racing Commission to promulgate rules to allow racetrack table games where only simulcast dog racing is available. The bill has been referred to the Senate Committee on the Judiciary and the Committee on Finance.
Virginia Bullhook Ban Introduced and Quickly Tabled
Virginia House Bill 2483 would ban the use of firepoker-like bullhooks and other instruments used to inflict pain, or the threat of pain, on elephants. Such a ban essentially would prevent the use of elephants in circus performances. The House Agriculture Subcommittee voted to table the bill on January 25, 2023.
Virginia House Bill 2483 would ban the use of firepoker-like bullhooks and other instruments used to inflict pain, or the threat of pain, on elephants. Such a ban essentially would prevent the use of elephants in circus performances. The House Agriculture Subcommittee voted to table the bill on January 25, 2023.
Wyoming Bill Would Position State to Compromise with Indigenous Tribes Over Off-Reservation Hunting and Fishing Regulations
Wyoming House Bill 83 would authorize the governor to negotiate with Indigenous tribes over regulations to their off-reservation hunting, fishing, and trapping. The bill has been referred to the Joint Committee on Appropriations.
Wyoming House Bill 83 would authorize the governor to negotiate with Indigenous tribes over regulations to their off-reservation hunting, fishing, and trapping. The bill has been referred to the Joint Committee on Appropriations.
Florida Bill Would Ban Sales of Cosmetics That Have Been Tested on Animals
Florida House Bill 381 would prohibit the manufacture, import, or sales of cosmetics that have been tested on animals. The bill has not yet been assigned to a committee.
Florida House Bill 381 would prohibit the manufacture, import, or sales of cosmetics that have been tested on animals. The bill has not yet been assigned to a committee.
Hawaii Bill Would Ban All Exhibition of Captive Cetaceans
Hawaii House Bill 901 would prohibit any exhibition or display of captive cetaceans whether done gratuitously or for a fee. Violators would be subject to fines of up to $10,000 per offense. The bill is still pending committee assignment.
Hawaii House Bill 901 would prohibit any exhibition or display of captive cetaceans whether done gratuitously or for a fee. Violators would be subject to fines of up to $10,000 per offense. The bill is still pending committee assignment.
Hawaii Bills Would Ban Retail Pet Sales of Dogs, Cats, and Rabbits
Hawaii House Bill 849 would ban the retail sales of dogs, cats, and rabbits by pet stores. A similar bill, House Bill 821, would prohibit sales of dogs, cats, and rabbits by pet stores and breeder-dealers. Both bills are still pending committee assignment.
Hawaii House Bill 849 would ban the retail sales of dogs, cats, and rabbits by pet stores. A similar bill, House Bill 821, would prohibit sales of dogs, cats, and rabbits by pet stores and breeder-dealers. Both bills are still pending committee assignment.
Hawaii Bills Would Require Legal Disclaimer to Accompany Sales of Emotional Support Animals
Hawaii Senate Bill 612 and House Bill 871 would require the sales of emotional support animals to be accompanied by disclaimers that they are not service animals and that misrepresentation of an emotional support animal as a service animal is prohibited. Senate Bill 612 has been referred to respective Senate Committees on Judiciary, Ways and Means, and Commerce and Consumer Protection. House Bill 871 has no committee assignments yet.
Hawaii Senate Bill 612 and House Bill 871 would require the sales of emotional support animals to be accompanied by disclaimers that they are not service animals and that misrepresentation of an emotional support animal as a service animal is prohibited. Senate Bill 612 has been referred to respective Senate Committees on Judiciary, Ways and Means, and Commerce and Consumer Protection. House Bill 871 has no committee assignments yet.
Hawaii Aquaculture Bill Would Create Approval Process for the Import of Aquatic Livestock
Hawaii House Bill 489 would create an assessment and approval process to import and move aquatic livestock in the state. The bill has been referred to respective House Committees on Consumer Protection and Commerce, Economic Development, Agriculture, and Finance.
Hawaii House Bill 489 would create an assessment and approval process to import and move aquatic livestock in the state. The bill has been referred to respective House Committees on Consumer Protection and Commerce, Economic Development, Agriculture, and Finance.
Iowa Bill Would Prohibit Taking Black Bears Outside of Designated Hunting Seasons
Iowa House File 89 would prohibit a person from willfully disturbing, pursuing, shooting, killing, taking or attempting to take, or having in possession a black bear outside of an open hunting season established by the state’s Natural Resource Commission. The bill has been referred to the House Natural Resources Committee.
Iowa House File 89 would prohibit a person from willfully disturbing, pursuing, shooting, killing, taking or attempting to take, or having in possession a black bear outside of an open hunting season established by the state’s Natural Resource Commission. The bill has been referred to the House Natural Resources Committee.
Minnesota Bill Would Revise Legal Requirements for Taking Turtles
Minnesota Senate File 612 would revise requirements for the lawful taking of turtles. The bill has been referred to the Senate Committee on Environment, Climate, and Legacy.
Minnesota Senate File 612 would revise requirements for the lawful taking of turtles. The bill has been referred to the Senate Committee on Environment, Climate, and Legacy.
New Jersey Bill Would Direct Construction of Wildlife Connectivity Corridors
New Jersey Assembly Bill 5088 would require the state’s Department of Transportation to establish a program for the construction of wildlife crossings on certain roads and highways. The bill has been referred to the Assembly Transportation and Independent Authorities Committee.
New Jersey Assembly Bill 5088 would require the state’s Department of Transportation to establish a program for the construction of wildlife crossings on certain roads and highways. The bill has been referred to the Assembly Transportation and Independent Authorities Committee.
New York Bill Would Establish an Urban Deer Management Pilot Program
New York Senate Bill 2630 would establish an urban deer management pilot program. The bill has been referred to the Senate Environmental Conservation Committee.
New York Senate Bill 2630 would establish an urban deer management pilot program. The bill has been referred to the Senate Environmental Conservation Committee.
New York Bill Would Criminalize Bestiality
New York Assembly Bill 1865 would prohibit bestiality as a misdemeanor crime and bestiality resulting in the injury or death of an animal as a felony. The bill has been referred to the Assembly Committee on Agriculture.
New York Assembly Bill 1865 would prohibit bestiality as a misdemeanor crime and bestiality resulting in the injury or death of an animal as a felony. The bill has been referred to the Assembly Committee on Agriculture.
New York Bill Would Lower Minimum Age for Hunting Licenses
New York Senate Bill 2611 would lower the minimum age for universal hunting licenses from fourteen to twelve years of age. The bill has been referred to the Committee on Environmental Conservation.
New York Senate Bill 2611 would lower the minimum age for universal hunting licenses from fourteen to twelve years of age. The bill has been referred to the Committee on Environmental Conservation.
New York Bill Would Establish Greater Oversight of Animal Breeders
New York Assembly Bill 2001 would establish minimum standards of animal care by breeders. The bill has been referred to the Assembly Committee on Agriculture.
New York Assembly Bill 2001 would establish minimum standards of animal care by breeders. The bill has been referred to the Assembly Committee on Agriculture.
New York Bill Would Remove Animal Cruelty Laws from the Agriculture and Markets Laws and Codify them in the State Penal Code
New York Assembly Bill 1844 would make technical changes to the state’s animal cruelty laws and codify cruelty laws in the state’s penal code rather than the state’s agriculture and marketing laws. This action would remove jurisdiction on New York animal cruelty legislation from the state Assembly Committee on Agriculture and Senate Agriculture Committee. The bill has been referred to the Assembly Committee on Codes.
New York Assembly Bill 1844 would make technical changes to the state’s animal cruelty laws and codify cruelty laws in the state’s penal code rather than the state’s agriculture and marketing laws. This action would remove jurisdiction on New York animal cruelty legislation from the state Assembly Committee on Agriculture and Senate Agriculture Committee. The bill has been referred to the Assembly Committee on Codes.
North Dakota Bill Would Establish “Livestock-Friendly County” Designation
North Dakota Senate Bill 2373 would establish a “livestock-friendly county” designation for counties that have applied for the designation and met certain criteria that demonstrate their commitment to developing, maintaining, or expanding livestock sectors. The bill has been referred to the Senate Government and Veterans Affairs Committee.
North Dakota Senate Bill 2373 would establish a “livestock-friendly county” designation for counties that have applied for the designation and met certain criteria that demonstrate their commitment to developing, maintaining, or expanding livestock sectors. The bill has been referred to the Senate Government and Veterans Affairs Committee.
Tennessee Bill Would Establish Inspection and Quarantine Protocols to Prevent Intrastate Sales of Adulterated Poultry
Tennessee House Bill 394, the “Tennessee Poultry Inspection Act,” would establish certain inspection, quarantine, and other protocols to prevent adulterated poultry products from being distributed in intrastate commerce. The bill has not yet been assigned to a committee.
Tennessee House Bill 394, the “Tennessee Poultry Inspection Act,” would establish certain inspection, quarantine, and other protocols to prevent adulterated poultry products from being distributed in intrastate commerce. The bill has not yet been assigned to a committee.
Utah Bill Would Establish Wildlife Management Area Management Plans
Utah House Bill 262 would establish management plans for hunting, trapping, and fishing in wildlife management areas. The bill has not yet been assigned to a committee.
Utah House Bill 262 would establish management plans for hunting, trapping, and fishing in wildlife management areas. The bill has not yet been assigned to a committee.
West Virginia Bill Would Immunize First Responders from Civil Liability for Rescuing Animals from Vehicles
West Virginia House Bill 2918 would authorize first responders and humane officers to take measures to remove animals who are confined in vehicles and subject to extreme weather or other inhumane circumstances. The bill has been referred to the House Committee on Agriculture and Natural Resources and the House Judiciary Committee.
West Virginia House Bill 2918 would authorize first responders and humane officers to take measures to remove animals who are confined in vehicles and subject to extreme weather or other inhumane circumstances. The bill has been referred to the House Committee on Agriculture and Natural Resources and the House Judiciary Committee.
Arizona Bill Would Allow Non-Veterinarians to Administer Rabies Vaccines
Arizona Senate Bill 1194 would allow veterinarians to appoint non-veterinarians to administer rabies vaccines to carry out county rabies control programs. The bill has been assigned to the Senate Committee on Natural Resources, Energy and Water.
Arizona Senate Bill 1194 would allow veterinarians to appoint non-veterinarians to administer rabies vaccines to carry out county rabies control programs. The bill has been assigned to the Senate Committee on Natural Resources, Energy and Water.
Illinois Bill Would Amend the Definition of “Dog Dealer” to Exclude Certain Retail Sales of Dogs
Illinois House Bill 1373 would amend the definition of “dog dealer” to exclude individuals who sell dogs at retail to the public. The bill has not yet been assigned to a committee.
Illinois House Bill 1373 would amend the definition of “dog dealer” to exclude individuals who sell dogs at retail to the public. The bill has not yet been assigned to a committee.
Montana Bill Would Allow Taking of Grizzly Bears
Montana LC 925 would set requirements for the lawful taking of grizzly bears subject to U.S. Fish & Wildlife Service delisting. The bill has not yet been assigned to a committee.
Montana LC 925 would set requirements for the lawful taking of grizzly bears subject to U.S. Fish & Wildlife Service delisting. The bill has not yet been assigned to a committee.
Tennessee Bill Would Add Provisions Relating to Labeling of Meat Products Produced from Animals Who Have or Have not Received an mRNA Vaccine
Tennessee Senate Bill 369 would provide requirements for certain beef labeling practices for meat from animals who have or have not been administered an mRNA vaccine. The bill has not yet been assigned to a committee.
Tennessee Senate Bill 369 would provide requirements for certain beef labeling practices for meat from animals who have or have not been administered an mRNA vaccine. The bill has not yet been assigned to a committee.
West Virginia Bill Would Establish Publicly Available Animal Abuser Registry
West Virginia House Bill 2979 would establish a publicly available animal abuser registry. The bill has been referred to the House Committee on Agriculture and Natural Resources and the Committee on the Judiciary.
West Virginia House Bill 2979 would establish a publicly available animal abuser registry. The bill has been referred to the House Committee on Agriculture and Natural Resources and the Committee on the Judiciary.
West Virginia Bill Would Create More Specific Criteria for Adequate Food, Water, and Shelter in the Animal Cruelty Code
An unnumbered West Virginia House Bill would amend the state’s animal cruelty code by establishing more specific criteria for adequate food, water, shelter, and tethering. The bill has been referred to the House Committee on the Judiciary.
An unnumbered West Virginia House Bill would amend the state’s animal cruelty code by establishing more specific criteria for adequate food, water, shelter, and tethering. The bill has been referred to the House Committee on the Judiciary.
Hawaii Bill Would Establish Good Samaritan Law for the Rescue of Unattended Animals in Vehicles
Hawaii House Bill 1513 would establish a Good Samaritan Law to insulate individuals from liability for rescuing unattended animals from vehicles if they are in imminent danger of physical harm. The bill has been referred the House Committee on Agriculture.
Hawaii House Bill 1513 would establish a Good Samaritan Law to insulate individuals from liability for rescuing unattended animals from vehicles if they are in imminent danger of physical harm. The bill has been referred the House Committee on Agriculture.
Hawaii Bill Would Allow Donation of Livestock and Wild Game Meat to Underserved Communities
Hawaii Senate Bill 1603 would amend food donation programs for under-resourced communities to allow the donation of livestock or wild game meat. The bill has been referred to the Senate Committee on Agriculture and Environment.
Hawaii Senate Bill 1603 would amend food donation programs for under-resourced communities to allow the donation of livestock or wild game meat. The bill has been referred to the Senate Committee on Agriculture and Environment.
Hawaii Bill Would Prohibit New CAFOs
Hawaii Senate Bill 1585 would prohibit licensing, construction, or operation of new large, concentrated animal feeding operations (CAFOs) in the state. The bill has been referred to the Senate Committee on Agriculture and Environment.
Hawaii Senate Bill 1585 would prohibit licensing, construction, or operation of new large, concentrated animal feeding operations (CAFOs) in the state. The bill has been referred to the Senate Committee on Agriculture and Environment.
Hawaii Bill Would Establish Plant-Based Proteins as Primary Proteins for Students at the University of Hawaii
Hawaii Senate Bill 1533 would accommodate students and promote sustainability at the University of Hawaii by providing “plant-based proteins as primary proteins.” The bill further would require that “by January 1, 2035, plant-based proteins shall be the primary protein in fifty per cent of all meals eligible for purchase with a meal plan.” The bill has been referred to the Senate Committee on Education and the Senate Ways and Means Committee.
Hawaii Senate Bill 1533 would accommodate students and promote sustainability at the University of Hawaii by providing “plant-based proteins as primary proteins.” The bill further would require that “by January 1, 2035, plant-based proteins shall be the primary protein in fifty per cent of all meals eligible for purchase with a meal plan.” The bill has been referred to the Senate Committee on Education and the Senate Ways and Means Committee.
Hawaii Bill Would Exempt Individuals from Civil Liability for Providing Emergency Nonmedical Care to Animals
Hawaii House Bill 1512 would insulate individuals from civil liability for coming to the aid of an animal in an emergency. The bill has been referred to the House Committee on Agriculture.
Hawaii House Bill 1512 would insulate individuals from civil liability for coming to the aid of an animal in an emergency. The bill has been referred to the House Committee on Agriculture.
Hawaii Bill Would Mandate Cage-Free Housing for Egg-Laying Hens Starting in 2025
Hawaii House Bill 1293 would require cage-free housing systems for egg-laying hens beginning January 1, 2025. The bill has been referred to the House Committee on Agriculture.
Hawaii House Bill 1293 would require cage-free housing systems for egg-laying hens beginning January 1, 2025. The bill has been referred to the House Committee on Agriculture.
Missouri Bill Would Criminalize Dog Tethering Under Certain Circumstances
Missouri House Bill 949 would establish the criminal offense of “unlawful dog tethering or chaining” and sets specific requirements for lawful tethering. The bill has not yet been assigned to a committee.
Missouri House Bill 949 would establish the criminal offense of “unlawful dog tethering or chaining” and sets specific requirements for lawful tethering. The bill has not yet been assigned to a committee.
New Mexico Bill Would Criminalize Bestiality
New Mexico Senate Bill 215 would establish the crimes of bestiality and aggravated bestiality and require convicted perpetrators to register as sex offenders. The bill has been referred to the Senate Committee on the Judiciary.
New Mexico Senate Bill 215 would establish the crimes of bestiality and aggravated bestiality and require convicted perpetrators to register as sex offenders. The bill has been referred to the Senate Committee on the Judiciary.
Tennessee Bills Would Allow Courts to Order Joint Ownership of Animals
Tennessee Senate Bill 568 and House Bill 467 would allow courts to order joint ownership of companion animals in certain situations, subject to the best interests of the animal. The bills have not yet been assigned to a committee.
Tennessee Senate Bill 568 and House Bill 467 would allow courts to order joint ownership of companion animals in certain situations, subject to the best interests of the animal. The bills have not yet been assigned to a committee.
Tennessee Bill Would Provide Minimum Standards for Shelter for Dogs
Tennessee House Bill 472 would provide for minimum standards of shelter for dogs. The bill has not yet been assigned to a committee.
Tennessee House Bill 472 would provide for minimum standards of shelter for dogs. The bill has not yet been assigned to a committee.
Washington Bill Would Establish More Sustainable Farming Practices
Washington Senate Bill 5551 would provide for more sustainable farming practices, including alternative manure and agricultural waste management practices to generate alternative energy by capturing methane. The bill has been referred to the Senate Committee on Agriculture, Water, Natural Resources & Parks.
Washington Senate Bill 5551 would provide for more sustainable farming practices, including alternative manure and agricultural waste management practices to generate alternative energy by capturing methane. The bill has been referred to the Senate Committee on Agriculture, Water, Natural Resources & Parks.
West Virginia Bill Would Establish Limited Tax Credit for Adoption of Greyhounds Between 2023 and 2025
West Virginia House Bill 3031 would establish a $500 tax credit for individuals who adopt greyhounds between January 1, 2023, and January 1, 2025. The bill has been referred to the House Committee on the Judiciary.
West Virginia House Bill 3031 would establish a $500 tax credit for individuals who adopt greyhounds between January 1, 2023, and January 1, 2025. The bill has been referred to the House Committee on the Judiciary.
Wyoming Bill Would Prohibit Waste of Trophy Game Animal Meat
Wyoming House Bill 247 would prohibit the waste of edible portions of trophy game animals and prohibit the abandonment of trophy game animal meat at meat processing facilities. The bill has not yet been assigned to a committee.
Wyoming House Bill 247 would prohibit the waste of edible portions of trophy game animals and prohibit the abandonment of trophy game animal meat at meat processing facilities. The bill has not yet been assigned to a committee.
Iowa Bill Would Prohibit Dog Breed Discrimination by Insurance Companies
Iowa House Bill 99 would prohibit insurance companies from discriminating against homeowner’s and renter’s policy holders based on the breed of any dogs kept in the home. The bill has been referred to the House Commerce Committee.
Iowa House Bill 99 would prohibit insurance companies from discriminating against homeowner’s and renter’s policy holders based on the breed of any dogs kept in the home. The bill has been referred to the House Commerce Committee.
Maine Bill Would Reinstate a Minimum Age for Hunting Licenses
Maine House Bill 261 would allow junior hunting licenses for children ages 5-16. The bill has not yet been assigned to a committee.
Maine House Bill 261 would allow junior hunting licenses for children ages 5-16. The bill has not yet been assigned to a committee.
Maryland Bill Would Require Distribution of Information About Care and Protection of Pets in the Event of Housing Loss
Maryland Senate Bill 279 would require the state Department of Agriculture to develop, publish, and regularly update a fact sheet on the care and protection of pets in the event of an eviction or other loss of possession of real property. The bill has been assigned to the Senate Committee on Judicial Proceedings.
Maryland Senate Bill 279 would require the state Department of Agriculture to develop, publish, and regularly update a fact sheet on the care and protection of pets in the event of an eviction or other loss of possession of real property. The bill has been assigned to the Senate Committee on Judicial Proceedings.
Minnesota Bill Would Prohibit Dog Breed Discrimination by Insurance Companies
Minnesota Senate File 762 would prohibit insurance companies from: “1) refusing to issue or renew an insurance policy or contract, (2) canceling an insurance policy or contract, or (3) charging or imposing an increased premium or rate for an insurance policy or contract, based solely on the fact that the homeowner harbors or owns a dog of a specific breed or mixture of breeds.” The bill has been referred to the Senate Committee on Commerce and Consumer Protection.
Minnesota Senate File 762 would prohibit insurance companies from: “1) refusing to issue or renew an insurance policy or contract, (2) canceling an insurance policy or contract, or (3) charging or imposing an increased premium or rate for an insurance policy or contract, based solely on the fact that the homeowner harbors or owns a dog of a specific breed or mixture of breeds.” The bill has been referred to the Senate Committee on Commerce and Consumer Protection.
Montana Bill Would Place Right to Hunt Constitutional Amendment on the November 2024 Ballot
Montana LC 3404 would place a state constitutional amendment establishing the right to hunt, fish, trap, and harvest wild fish and wildlife on the November 2024 voting ballot. The bill has not yet been assigned to a committee.
Montana LC 3404 would place a state constitutional amendment establishing the right to hunt, fish, trap, and harvest wild fish and wildlife on the November 2024 voting ballot. The bill has not yet been assigned to a committee.
New Mexico Bill Would Authorize State Meat Inspections
New Mexico House Bill 205 would authorize the New Mexico Livestock Board to conduct meat inspections to ensure the safety and quality of meat for human consumption. The bill has been referred to the House Committee on Judiciary.
New Mexico House Bill 205 would authorize the New Mexico Livestock Board to conduct meat inspections to ensure the safety and quality of meat for human consumption. The bill has been referred to the House Committee on Judiciary.
New York Bill Would Make Medical Marijuana Available for Animals
New York Assembly Bill 2628 would authorize the prescription of medical marijuana for animals. The bill has been referred to the Assembly Committee on Health.
New York Assembly Bill 2628 would authorize the prescription of medical marijuana for animals. The bill has been referred to the Assembly Committee on Health.
New York Bill Would Allow Junior Hunters to Use Crossbows
New York Assembly Bill 2631 would allow junior hunters to use crossbows. The bill has been referred to the Senate Committee on Environmental Conservation.
New York Assembly Bill 2631 would allow junior hunters to use crossbows. The bill has been referred to the Senate Committee on Environmental Conservation.
New York Bill Would Mandate Cage-Free Housing for Egg-Laying Hens
New York Senate Bill 2957 would require the use of cage-free housing systems for egg-laying hens within twenty-four months of the bill’s enactment. The bill has been referred to the Senate Agriculture Committee.
New York Senate Bill 2957 would require the use of cage-free housing systems for egg-laying hens within twenty-four months of the bill’s enactment. The bill has been referred to the Senate Agriculture Committee.
South Carolina Bill Would Provide for the Care of Animals Following the Arrest of Owners
South Carolina Assembly Bill 456 would provide for the care of animals following the arrest of the owner. The bill has been referred to the Committee on Agriculture and Natural Resources.
South Carolina Assembly Bill 456 would provide for the care of animals following the arrest of the owner. The bill has been referred to the Committee on Agriculture and Natural Resources.
Tennessee Bill Would Establish Additional Criteria Relating to Guide Dogs
Tennessee joint Senate Bill 451 and House Bill 165 would authorize an employee of a public accommodation to ask for certain information about a guide dog in training. The bill has not yet been referred to a committee.
Tennessee joint Senate Bill 451 and House Bill 165 would authorize an employee of a public accommodation to ask for certain information about a guide dog in training. The bill has not yet been referred to a committee.
Maine Bill Would Prohibit Dog Breed Discrimination by Insurance Companies
Maine Senate Bill 350 would mandate that insurance companies “may not cancel, refuse to issue or renew or charge an increased premium for a property insurance policy … solely on the basis of a policyholder's ownership of a certain breed of dog.” The bill has not yet been assigned to a committee.
Maine Senate Bill 350 would mandate that insurance companies “may not cancel, refuse to issue or renew or charge an increased premium for a property insurance policy … solely on the basis of a policyholder's ownership of a certain breed of dog.” The bill has not yet been assigned to a committee.
Maryland Bill Would Allocate Funds for Reduction of Human-Black Bear Conflict
Maryland Senate Bill 310 would authorize grants to reduce human-black bear conflict. The bill has been referred to the Senate Committee on Education, Energy, and the Environment.
Maryland Senate Bill 310 would authorize grants to reduce human-black bear conflict. The bill has been referred to the Senate Committee on Education, Energy, and the Environment.
New York Bill Would Expand the Definition of Aggravated Cruelty to Animals
New York Senate Bill 3075 would expand upon the definition of aggravated cruelty to animals. The bill has been referred to the Senate Agriculture Committee.
New York Senate Bill 3075 would expand upon the definition of aggravated cruelty to animals. The bill has been referred to the Senate Agriculture Committee.
New York Bill Would Provide Inspection Exemptions for Certain Meat Producers
New York Assembly Bill 2862 would provide inspection exemptions for certain meat producers and would authorize periodic state reviews to ensure compliance with conditions establishing inspection exemptions. The bill has been referred to the Assembly Committee on Agriculture.
New York Assembly Bill 2862 would provide inspection exemptions for certain meat producers and would authorize periodic state reviews to ensure compliance with conditions establishing inspection exemptions. The bill has been referred to the Assembly Committee on Agriculture.
New York Bill Would Expand the Definition of Aggravated Cruelty to Animals
New York Senate Bill 3088 would expand the definition of aggravated cruelty to animals. The bill has been referred to the Senate Agriculture Committee.
New York Senate Bill 3088 would expand the definition of aggravated cruelty to animals. The bill has been referred to the Senate Agriculture Committee.
Rhode Island Bill Would Ban Sales of Fur Products
Rhode Island House Bill 5258 would prohibit the sale of fur products. The bill has been referred to the House Judiciary Committee.
Rhode Island House Bill 5258 would prohibit the sale of fur products. The bill has been referred to the House Judiciary Committee.
Texas Bill Would Impose Labeling Requirements for Plant-Based Alternatives and Cultivated Meat
Texas House Bill 1788 would impose labeling requirements for plant-based alternatives and cultivated meat products. The bill has not yet been assigned to a committee.
Texas House Bill 1788 would impose labeling requirements for plant-based alternatives and cultivated meat products. The bill has not yet been assigned to a committee.
Wyoming Bill Would Establish Mountain Lion Hunting Seasons
Wyoming Senate File 178 would establish mountain lion hunting seasons and impose certain requirements for lawful taking of mountain lions. The bill was introduced and has been passed by the Senate.
Wyoming Senate File 178 would establish mountain lion hunting seasons and impose certain requirements for lawful taking of mountain lions. The bill was introduced and has been passed by the Senate.
Case Law Updates
Federal Case Law Updates
New York Boot Salesman Sentenced to Probation and $10,000 Fine in Connection with Lacey Act Conviction
U.S. District Judge John L. Sinatra, Jr. sentenced shoe salesman Jose Der to two years’ probation and a $10,000 fine following his conviction for wildlife trafficking in connection with the illegal import and distribution of boots trimmed in exotic skins. According to the U.S. Attorney’s Office for the Western District of New York, Der unlawfully received and distributed dozens of boots trimmed in exotic leathers with a total value of nearly $150,000.
U.S. District Judge John L. Sinatra, Jr. sentenced shoe salesman Jose Der to two years’ probation and a $10,000 fine following his conviction for wildlife trafficking in connection with the illegal import and distribution of boots trimmed in exotic skins. According to the U.S. Attorney’s Office for the Western District of New York, Der unlawfully received and distributed dozens of boots trimmed in exotic leathers with a total value of nearly $150,000.
Texas Biologist Sentenced to Prison and a $5,000 Fine for Illegally Trafficking Hundreds of Protected Wildlife Specimens into the United States
A federal judge sentenced Texas biologist Dr. Richard Kazmaier to six months in prison, three years of post-release supervision, and a $5,000 fine following Kazmaier’s guilty plea to a Lacey Act felony. Kazmaier admitted to importing hundreds of Endangered Species Act-protected wildlife parts from Canada and multiple countries in Asia, Africa, and Europe into the United States without declaring them or obtaining the required permits between March 2013 and February 2020.
A federal judge sentenced Texas biologist Dr. Richard Kazmaier to six months in prison, three years of post-release supervision, and a $5,000 fine following Kazmaier’s guilty plea to a Lacey Act felony. Kazmaier admitted to importing hundreds of Endangered Species Act-protected wildlife parts from Canada and multiple countries in Asia, Africa, and Europe into the United States without declaring them or obtaining the required permits between March 2013 and February 2020.
Federal Court Rules that BLM Failed to Analyze Phosphate Mine’s Impacts on Imperiled Sage Grouse
The U.S. District Court for the District of Idaho ruled that the Bureau of Land Management (BLM) failed to adequately assess harms to vital habitat for the imperiled sage grouse when it approved the Caldwell Canyon phosphate mine in southeast Idaho. The court granted summary judgment on Plaintiff Center for Biological Diversity’s claims that BLM violated the National Environmental Policy Act and Federal Land Policy Management Act when it approved the phosphate mine without first analyzing and restricting, mitigating, or eliminating impacts to greater sage grouse such as harms to habitat and population connectivity.
The U.S. District Court for the District of Idaho ruled that the Bureau of Land Management (BLM) failed to adequately assess harms to vital habitat for the imperiled sage grouse when it approved the Caldwell Canyon phosphate mine in southeast Idaho. The court granted summary judgment on Plaintiff Center for Biological Diversity’s claims that BLM violated the National Environmental Policy Act and Federal Land Policy Management Act when it approved the phosphate mine without first analyzing and restricting, mitigating, or eliminating impacts to greater sage grouse such as harms to habitat and population connectivity.
Advocacy Group Sues FWS to Protect Southern Hognose Snakes
The Center for Biological Diversity (CBD) sued the U.S. Fish and Wildlife Service (FWS), seeking to establish Endangered Species Act protection for southern hognose snakes in Florida, Georgia, and the Carolinas. CBD argues in its petition that FWS applied the wrong standard in declining to list the imperiled snake during the Trump Administration.
The Center for Biological Diversity (CBD) sued the U.S. Fish and Wildlife Service (FWS), seeking to establish Endangered Species Act protection for southern hognose snakes in Florida, Georgia, and the Carolinas. CBD argues in its petition that FWS applied the wrong standard in declining to list the imperiled snake during the Trump Administration.
State Case Law Updates
City of New York Seeks Declaratory Judgment that State Agriculture Department Overreached in its Review of Local Foie Gras Ban
The City of New York sued the New York State Department of Agriculture and Markets (Department of Agriculture) over its handling of Local Law 202, the proposed foie gras ban the city passed in 2019. The litigation follows a lawsuit filed by two foie gras farms, Hudson Valley and La Belle, which challenged the ban in court in May 2022. In September 2022, a New York State Supreme Court judge issued a preliminary injunction and three months later, the Department of Agriculture referred to Local Law 202 as “unreasonably restrictive” in its assessment of the ordinance. In the instant case, the City of New York argues that the state agency lacks the authority to review Local Law 202 and is seeking a declaratory judgment that the agency’s determination was arbitrary and capricious.
The City of New York sued the New York State Department of Agriculture and Markets (Department of Agriculture) over its handling of Local Law 202, the proposed foie gras ban the city passed in 2019. The litigation follows a lawsuit filed by two foie gras farms, Hudson Valley and La Belle, which challenged the ban in court in May 2022. In September 2022, a New York State Supreme Court judge issued a preliminary injunction and three months later, the Department of Agriculture referred to Local Law 202 as “unreasonably restrictive” in its assessment of the ordinance. In the instant case, the City of New York argues that the state agency lacks the authority to review Local Law 202 and is seeking a declaratory judgment that the agency’s determination was arbitrary and capricious.
Agency Updates
NMFS Announces Prohibition on Directed Fishing for Groundfish in Certain Areas of Alaska
The National Marine Fisheries Service (NMFS) announced it is prohibiting directed fishing for groundfish by vessels using nonpelagic trawl gear in the Red King Crab Savings Subarea of the Bering Sea and Aleutian Islands management area because the State of Alaska did not establish a guideline harvest level fishery for red king crab in the Bristol Bay area for the current fishing year. The prohibition is effective January 20, 2023, through December 31, 2023.
The National Marine Fisheries Service (NMFS) announced it is prohibiting directed fishing for groundfish by vessels using nonpelagic trawl gear in the Red King Crab Savings Subarea of the Bering Sea and Aleutian Islands management area because the State of Alaska did not establish a guideline harvest level fishery for red king crab in the Bristol Bay area for the current fishing year. The prohibition is effective January 20, 2023, through December 31, 2023.
FWS Announces Delay in Final ESA Listing Rule for Lesser Prairie Chicken
The U.S. Fish & Wildlife Service (FWS) announced the delay of the effective date of a final rule it published on November 25, 2022, and corrected on December 2, 2022, listing two distinct population segments of the lesser prairie-chicken under the Endangered Species Act for FWS to finalize conservation tools and guidance documents. The final rule will now become effective on March 27, 2023.
The U.S. Fish & Wildlife Service (FWS) announced the delay of the effective date of a final rule it published on November 25, 2022, and corrected on December 2, 2022, listing two distinct population segments of the lesser prairie-chicken under the Endangered Species Act for FWS to finalize conservation tools and guidance documents. The final rule will now become effective on March 27, 2023.
FWS Announces Proposal to Designate Critical Habitat for the Sickle Darter
The U.S. Fish & Wildlife Service (FWS) announced its proposal to designate 104 river miles of critical habitat for the sickle darter under the Endangered Species Act. FWS will accept public comments on the proposed habitat designation through March 27, 2023.
The U.S. Fish & Wildlife Service (FWS) announced its proposal to designate 104 river miles of critical habitat for the sickle darter under the Endangered Species Act. FWS will accept public comments on the proposed habitat designation through March 27, 2023.
FWS Announces Delisting of the San Clemente Bell’s Sparrow from the ESA List
The U.S. Fish & Wildlife Service (FWS) announced it is delisting the San Clemente Bell's sparrow from the Federal List of Endangered and Threatened Wildlife due to information which indicates that the bird’s status has improved such that the species no longer meets the definition of either an endangered or threatened species. The delisting becomes effective February 24, 2023.
The U.S. Fish & Wildlife Service (FWS) announced it is delisting the San Clemente Bell's sparrow from the Federal List of Endangered and Threatened Wildlife due to information which indicates that the bird’s status has improved such that the species no longer meets the definition of either an endangered or threatened species. The delisting becomes effective February 24, 2023.
FWS Delays ESA Reclassification of the Northern Long-Ear Bat
The U.S. Fish & Wildlife Service (FWS) is delaying the effective date of a final rule reclassifying the northern long-eared bat as an endangered species under the Endangered Species Act so it can finalize conservation tools and guidance documents. The final listing rule will become effective March 31, 2023.
The U.S. Fish & Wildlife Service (FWS) is delaying the effective date of a final rule reclassifying the northern long-eared bat as an endangered species under the Endangered Species Act so it can finalize conservation tools and guidance documents. The final listing rule will become effective March 31, 2023.
The FTC is Accepting Public Comments on Horseracing Integrity and Safety Rule
The Federal Trade Commission (FTC) announced that the Horseracing Integrity and Safety Authority filed a proposed Anti-Doping and Medication Control rule with the FTC. The FTC will accept public comments on the proposed rule through February 9, 2023. The rule must be approved or disapproved by March 27, 2023.
The Federal Trade Commission (FTC) announced that the Horseracing Integrity and Safety Authority filed a proposed Anti-Doping and Medication Control rule with the FTC. The FTC will accept public comments on the proposed rule through February 9, 2023. The rule must be approved or disapproved by March 27, 2023.
Secretary of the Interior Signs Public Land Order to Protect Wilderness from Mining
Secretary of the Interior Deb Haaland signed Public Land Order 7917, which withdraws approximately 225,504 acres in the Superior National Forest in northeastern Minnesota from disposition under the United States mineral and geothermal leasing laws for a 20-year period. The order aims to curtail the potential impacts of mining on the area’s watershed, fish and wildlife, Tribal and treaty rights, and recreation economy.
Secretary of the Interior Deb Haaland signed Public Land Order 7917, which withdraws approximately 225,504 acres in the Superior National Forest in northeastern Minnesota from disposition under the United States mineral and geothermal leasing laws for a 20-year period. The order aims to curtail the potential impacts of mining on the area’s watershed, fish and wildlife, Tribal and treaty rights, and recreation economy.
NMFS Authorizes Take of Marine Mammals During Geophysical Survey Activity in the Gulf of Mexico
The National Marine Fisheries Service (NMFS) published notice that a Letter of Authorization (LOA) has been issued pursuant to the Marine Mammal Protection Act to Echo Offshore LLC for the take of marine mammals incidental to geophysical survey activity in the Gulf of Mexico. The LOA is effective through June 30, 2023.
The National Marine Fisheries Service (NMFS) published notice that a Letter of Authorization (LOA) has been issued pursuant to the Marine Mammal Protection Act to Echo Offshore LLC for the take of marine mammals incidental to geophysical survey activity in the Gulf of Mexico. The LOA is effective through June 30, 2023.
CDC Announces Extension on Suspension of the Import of Dogs from 108 Countries
The Centers for Disease Control and Prevention (CDC) announced an extension of the current temporary suspension of the importation of dogs into the United States from 108 countries the agency designates as having a high risk of rabies. The suspension will remain in effect through July 31, 2023.
The Centers for Disease Control and Prevention (CDC) announced an extension of the current temporary suspension of the importation of dogs into the United States from 108 countries the agency designates as having a high risk of rabies. The suspension will remain in effect through July 31, 2023.
FWS Opens Public Comment Period on ESA Incidental Take Permit Application
The U.S. Fish & Wildlife Service (FWS) published notice of an application it received from Consumers Energy Company for an incidental take permit under the Endangered Species Act (ESA) that would authorize the incidental take of the endangered Indiana bat and the endangered northern long-eared bat in connection with a wind energy project. FWS will accept public comments through February 27, 2023.
The U.S. Fish & Wildlife Service (FWS) published notice of an application it received from Consumers Energy Company for an incidental take permit under the Endangered Species Act (ESA) that would authorize the incidental take of the endangered Indiana bat and the endangered northern long-eared bat in connection with a wind energy project. FWS will accept public comments through February 27, 2023.
FWS Adjusts ESA, Lacey Act, and Other Civil Penalties for Inflation
The U.S. Fish & Wildlife Service (FWS) announced the issuance of a final rule to adjust for inflation the statutory civil monetary penalties that may be assessed for violations of the Endangered Species Act (ESA), the Lacey Act, and other FWS-administered statutes and their implementing regulations. The new rule and adjusted civil penalties become effective January 30, 2023.
The U.S. Fish & Wildlife Service (FWS) announced the issuance of a final rule to adjust for inflation the statutory civil monetary penalties that may be assessed for violations of the Endangered Species Act (ESA), the Lacey Act, and other FWS-administered statutes and their implementing regulations. The new rule and adjusted civil penalties become effective January 30, 2023.
FWS Opens Public Comment Period on Migratory Game Bird Hunting Regulations
The U.S. Fish & Wildlife Service (FWS) is proposing to establish 2023-24 hunting regulations for certain migratory game birds, including provisions for season lengths, shooting hours, bag and possession limits, and areas where migratory game bird hunting may occur. FWS will accept public comments on potential regulations through March 1, 2023.
The U.S. Fish & Wildlife Service (FWS) is proposing to establish 2023-24 hunting regulations for certain migratory game birds, including provisions for season lengths, shooting hours, bag and possession limits, and areas where migratory game bird hunting may occur. FWS will accept public comments on potential regulations through March 1, 2023.
International Updates
EU Research Study Reveals Increased Demand for Exotic Pets in Member States
Sapience, a Brussels-based independent research group, released a report on the volume of exotic animals imported, traded, and kept in the European Union (EU); the major differences in terms of import and keeping laws and procedures among selected EU countries; and the challenges to the welfare of the exotic pets traded and kept within the EU. Researchers found that the EU exotic pet trade involves at least millions of animals for the member states that were studied, and that a recent increase in the demand for exotic pets has triggered an increase in the number of veterinarians specializing in exotic animals. Animals who were available for online purchase included marmosets, caracals, servals, reticulated pythons, fennec foxes, and two-toed sloths.
Sapience, a Brussels-based independent research group, released a report on the volume of exotic animals imported, traded, and kept in the European Union (EU); the major differences in terms of import and keeping laws and procedures among selected EU countries; and the challenges to the welfare of the exotic pets traded and kept within the EU. Researchers found that the EU exotic pet trade involves at least millions of animals for the member states that were studied, and that a recent increase in the demand for exotic pets has triggered an increase in the number of veterinarians specializing in exotic animals. Animals who were available for online purchase included marmosets, caracals, servals, reticulated pythons, fennec foxes, and two-toed sloths.
Animal Alliance Asia Reports on Status of the Animal Advocacy Movement in Asia
Animal Alliance Asia released a report on the current landscape of the animal advocacy movement in Asia, including tactics, resources, and cultural and political challenges. According to an assessment utilizing the Bill Moyers Movement Action Plan, which identifies eight stages of a social justice movement, Taiwan leads other Asian nations in its current view of animal welfare and advocacy. The study concluded that few in Indonesia, Japan, Nepal, Pakistan, Thailand, Vietnam, India, Malaysia, and the Philippines care about or are aware of animal welfare concerns. AAA plans to conduct more formal research in 2023.
Animal Alliance Asia released a report on the current landscape of the animal advocacy movement in Asia, including tactics, resources, and cultural and political challenges. According to an assessment utilizing the Bill Moyers Movement Action Plan, which identifies eight stages of a social justice movement, Taiwan leads other Asian nations in its current view of animal welfare and advocacy. The study concluded that few in Indonesia, Japan, Nepal, Pakistan, Thailand, Vietnam, India, Malaysia, and the Philippines care about or are aware of animal welfare concerns. AAA plans to conduct more formal research in 2023.
Academic Updates
Philosopher’s Book Advocates for the Establishment of Rights for Animals
American philosopher Dr. Martha Nussbaum published a book, Justice for Animals: Our Collective Responsibility, which argues that “the time has come to recognize our ethical responsibility to the other animals.” It explores “the reach of human cruelty,” the “massive suffering of individual creatures” that culminates in extinction, and the intellectual tools necessary to effect meaningful change.
American philosopher Dr. Martha Nussbaum published a book, Justice for Animals: Our Collective Responsibility, which argues that “the time has come to recognize our ethical responsibility to the other animals.” It explores “the reach of human cruelty,” the “massive suffering of individual creatures” that culminates in extinction, and the intellectual tools necessary to effect meaningful change.
Other Updates
Arizona Man Arrested for Trying to Sell Tiger on Social Media
A Phoenix, Arizona man was arrested following execution of a search warrant that revealed a tiger cub and other protected species that Carlos Castro-Alcaraz was trying to sell on social media. Castro-Alcaraz was reportedly trying to sell the tiger for $20,000.
A Phoenix, Arizona man was arrested following execution of a search warrant that revealed a tiger cub and other protected species that Carlos Castro-Alcaraz was trying to sell on social media. Castro-Alcaraz was reportedly trying to sell the tiger for $20,000.