Kentucky Senate Bill 85 would prohibit retail pet stores from selling companion animals, allowing them only to offer animals for adoption in collaboration with animal shelter operations. The bill also would prohibit breeders and brokers from selling animals in any publicly accessible spaces and impose a penalty of up to $500 per violation.
Issue 120: January 19, 2022
This Week's Spotlights
Legislative Updates - Pending State Actions
New Jersey Bill Would Require Certain Facilities to Accept Relinquished Companion Animals and Establish Safe Harbor Provisions
Assembly Bill 127, the “New Jersey Safe Haven for Protection of Domestic Companion Animals Act,” provides that any person may voluntarily and anonymously deliver a domestic companion animal to a shelter, veterinary hospital, or police station in the State of New Jersey and leave the animal without liability for the care or disposition of the animal. The bill further provides that no employee, veterinarian, or police officer at the shelter, pound, veterinary hospital, or police station, as applicable, may refuse to accept any domestic companion animal. If passed, the bill would take effect immediately.
New Jersey Legislature Again Considers Ban on Gestation Crates and Veal Crates
New Jersey Assembly Bill 1970 would establish minimum space requirements for breeding pigs and calves raised for veal, effectively banning the use of veal crates and gestation crates. The bill’s provisions would require at least twenty-four square feet of space for a sow and at least forty-three square feet of space for a calf raised for veal. The bill would establish both civil and criminal penalties for violations and add inhumane confinement of breeding pigs and calves used for veal to the state’s animal cruelty code. Similar legislation previously has been introduced and passed in New Jersey on multiple occasions but was vetoed by former Governor Chris Christie. AB 1970 has been referred to the Assembly Judiciary Committee.
New Jersey Bill Would Criminalize Harassment of Farmers
New Jersey Assembly Bill 145 would prohibit the harassment of farmers for purposes of interfering with or impeding farming operations. The bill’s broad language would make it a crime to “harass, bother, or otherwise interfere with a farmer engaged in farming operations.” Violators would be subject to civil and criminal enforcement, including a $250-$500 penalty and imprisonment for up to thirty days. The bill also would create a private right of action by the farmer against the violator for punitive and special damages.
New Jersey Bill Would Entitle Farmers to Attorneys Fees in Certain Nuisance Suits
New Jersey Assembly Bill 955 would allow commercial farmers to recover reasonable costs and attorneys fees spent for defending unreasonable complaints under the “Right to Farm Act,” which insulates farmers from nuisance and other related lawsuits. The bill has been referred to the Assembly Agriculture Committee.
Virginia Bill Would Establish Greater Oversight of Cat and Dog Research Breeders
Virginia Senate Bill 535 would require research breeders, defined to include “any person or entity that breeds dogs or cats for sale or transfer for use in testing or research” to pay a $100,000 annual registration fee and to submit to unannounced inspections at any day or time by an “Animal Welfare Oversight Officer.” The bill directs the State Veterinarian and the Department of Agriculture and Consumer Services to promulgate rules to further define compliance requirements for research breeders. The bill has been referred to the Senate Committee on Agriculture, Conservation, and Natural Resources.
West Virginia Bill Would Expand Right to Farm Protections to Urban Agriculture, Aquaponics, Hydroponics
West Virginia Senate Bill 126 would expand upon existing protection of agricultural operations from nuisance and other legal actions to include urban agriculture, aquaponics (the cultivation of fish and plants together), and hydroponics. The bill has been referred to the Senate Committee on Agriculture and Rural Development.
Iowa Bill Would Allow Localities to Extend Breed Specific Legislation to Service Dogs
Iowa Senate File 2035 would eliminate special accommodation rights for disabled individuals and their service dogs if their service dog is a prohibited breed or perceived to be a member of a prohibited or restricted breed in the locality.
Utah Bill Would Limit Local Ability to Regulate Retail Pet Stores
Utah House Bill 158 would prohibit localities from passing ordinances that require retail pet stores to offer only rescued animals for adoption.
Legislative Updates - Pending Municipal Actions
Washington, D.C. Considers Numerous Changes to its Municipal Animal Care Ordinances
The “Animal Care and Control Omnibus Amendment Act of 2021” would make numerous updates to the District of Columbia municipal regulations concerning companion animals. It would: 1) authorize animal control vehicles to operate emergency lights and sirens when responding to life-threatening animal emergencies; 2) enable the Washington Humane Society to recover costs incurred boarding animals during a pending criminal or other proceeding; 3) prohibit declawing of cats; 4) require pet stores to offer only rescue animals; 5) ban the ownership of dogfighting tools and equipment; 6) criminalize bestiality; and 7) require family law judges to make joint or sole custody decisions that reflect the best interest of the animal in cases of divorce.
Case Law Updates - Federal Case Law Updates
Conservation Group Sues to Protect Humpback Whales from Fishing Gear
The Center for Biological Diversity (CBD) sued the National Marine Fisheries Service (NMFS) for failing to protect endangered Pacific humpback whales from deadly entanglements in sablefish pot gear off the coasts of California, Oregon, and Washington. The complaint states that fishing gear entanglements are a leading threat to endangered humpback whales who migrate along the West Coast, where 48,521 square nautical miles were designated as their critical habitat in 2021. CBD is seeking declaratory judgment that NMFS violated the Endangered Species Act when it authorized incidental takes of humpback whales during commercial fishing in the sablefish fishery and is asking the court to vacate the authorization.
Agency Updates
Dog Rescue Groups Petition CDC to Update Rabies Import Controls
Yankee Golden Retriever Rescue and Soi Dog Foundation petitioned the Department of Health and Human Services and the Centers for Disease Control and Prevention (CDC), seeking regulatory changes that would allow the rescue groups to resume importing dogs rescued in foreign countries. The CDC temporarily suspended the import of dogs from 113 countries in June 2021 due to concerns for rabies introduction and dubious reliability of foreign rabies certificates, halting much U.S. international rescue work. Petitioners are seeking rulemaking to update rabies control systems and expand import eligibility to anyone who complies with specified vaccine testing protocols and safeguards.
International Updates
Courts in Spain Will Consider Best Interests of the Animal When Making Custody Decisions
According to a new law in Spain, courts must treat companion animals as sentient beings, rather than as property of one partner or the other, when making custody decisions during divorce proceedings. Courts now must consider the animal’s welfare in making these custody decisions. Spain’s new law follows similar changes in France and Portugal.
Legislative Updates
Pending State Actions
Arizona Legislature Considers Statewide Ban on Declawing
Arizona House Bill 2224 would prohibit declawing except in cases of medical necessity and require veterinarians who perform declawing procedures to maintain specific records that support their decision to perform the procedure. Veterinarians who violate the prohibition would be subject to civil penalties of up to $1,500 and license suspension or revocation for multiple violations.
Oklahoma Bill Would Criminalize the Misuse of Service Animals
Oklahoma Senate Bill 1223 would make it a misdemeanor for someone without a disability to use a service animal in order to gain treatment benefits effective November 1, 2022.
Oklahoma Bill Would Establish Protections for Dogs Who are Confined Outside
Oklahoma House Bill 2993, the “Humane Tether Act of 2022,” would establish specific minimum requirements for the lawful tethering or confinement of dogs outside. The bill would make it unlawful to use heavy chains, to leave dogs exposed to inclement or extreme weather, and to tether or confine them in a way that exposes them to unsanitary or dangerous conditions. However, the bill would allow the use of tethering devices, such as trolleys, that specifically are made for dogs when the other outdoor safety and sanitation confinement requirements are met.
Rhode Island Bill Would Allow Injured Police Dogs to be Transported by Ambulance
Rhode Island House Bill 7021 would require basic canine first aid training for EMS workers and authorize the emergency transport of injured police dogs by ambulance. The bill has been referred to the House Committee on Health and Human Services.
Washington State Bill Would Ban Bear-Baiting and the Use of Dogs to Hunt Bears, Cougars, and Bobcats
Washington Senate Bill 5613 would make it a misdemeanor for hunters to “take, hunt, or attract black bear with the aid of bait.” The bill also would make it unlawful to “hunt or pursue black bear, cougar, or bobcat with the aid of a dog or dogs.” In addition to relevant criminal penalties, violators would face revocation of their hunting licenses. The bill has been referred to the Senate Committee on Agriculture, Water, Natural Resources, and Parks.
Washington State House Considers Bill to Help Further Salmon Recovery
Washington House Bill 1653 would establish a “salmon cabinet” comprised of numerous state agency directors and at least two Indian tribal leaders to advise on agency actions, potential legislation, and budget priorities to enhance salmon and steelhead recovery. The bill has been referred to the House Committee on State and Tribal Relations.
Washington State Bill Seeks to Incentivize Salmon Habitat Recovery
Washington House Bill 1838, the “Lorraine Loomis Act,” seeks to improve salmon habitat recovery by establishing a comprehensive recovery program, including greater funding for habitat restoration projects and financial incentives for riparian and shoreline habitat restoration. The bill has been referred to the House Committee on Rural Development, Agriculture, & Natural Resources.
Florida Bill Would Allow Individuals to Kill Bears without a Permit
Florida House Bill 1487, the “Self Defense Act,” would allow individuals to kill bears without a permit if a person feels threatened and feels that lethal force is necessary to protect his person or property. If passed, the bill would take effect on July 1, 2022.
Kentucky Bill Would Ban Retail Sales of Pets
Kentucky Senate Bill 85 would prohibit retail pet stores from selling companion animals, allowing them only to offer animals for adoption in collaboration with animal shelter operations. The bill also would prohibit breeders and brokers from selling animals in any publicly accessible spaces and impose a penalty of up to $500 per violation.
New Jersey Bill Would Require Certain Facilities to Accept Relinquished Companion Animals and Establish Safe Harbor Provisions
Assembly Bill 127, the “New Jersey Safe Haven for Protection of Domestic Companion Animals Act,” provides that any person may voluntarily and anonymously deliver a domestic companion animal to a shelter, veterinary hospital, or police station in the State of New Jersey and leave the animal without liability for the care or disposition of the animal. The bill further provides that no employee, veterinarian, or police officer at the shelter, pound, veterinary hospital, or police station, as applicable, may refuse to accept any domestic companion animal. If passed, the bill would take effect immediately.
New Jersey Legislature Again Considers Ban on Gestation Crates and Veal Crates
New Jersey Assembly Bill 1970 would establish minimum space requirements for breeding pigs and calves raised for veal, effectively banning the use of veal crates and gestation crates. The bill’s provisions would require at least twenty-four square feet of space for a sow and at least forty-three square feet of space for a calf raised for veal. The bill would establish both civil and criminal penalties for violations and add inhumane confinement of breeding pigs and calves used for veal to the state’s animal cruelty code. Similar legislation previously has been introduced and passed in New Jersey on multiple occasions but was vetoed by former Governor Chris Christie. AB 1970 has been referred to the Assembly Judiciary Committee.
New Jersey Bill Would Prohibit Animal Cruelty Offenders from Owning Companion Animals
New Jersey Senate Bill 333, “Moose’s Law,” would prohibit individuals who have been convicted of animal-related crimes from owning domestic companion animals or working or volunteering at animal-related enterprises. The bill has been referred to the Senate Committee on Environment and Energy.
New Jersey Bill Would Establish Publicly Available Animal Cruelty Offender Registry
New Jersey Senate Bill 448, the “Animal Cruelty Offender Registry Act,” would require individuals convicted of an animal cruelty offense to register as an “Animal Cruelty Offender” on a publicly available database. An animal cruelty offender also would be prohibited from adopting, purchasing, or participating in the breeding of animals. The bill would set conditions for the offender to be released from the requirements of the Act after meeting certain requirements over a period of ten years following the offense. The bill has been referred to the Senate Environment and Energy Committee.
New Jersey Bill Would Criminalize Harassment of Farmers
New Jersey Assembly Bill 145 would prohibit the harassment of farmers for purposes of interfering with or impeding farming operations. The bill’s broad language would make it a crime to “harass, bother, or otherwise interfere with a farmer engaged in farming operations.” Violators would be subject to civil and criminal enforcement, including a $250-$500 penalty and imprisonment for up to thirty days. The bill also would create a private right of action by the farmer against the violator for punitive and special damages.
New Jersey Bill Would Entitle Farmers to Attorneys Fees in Certain Nuisance Suits
New Jersey Assembly Bill 955 would allow commercial farmers to recover reasonable costs and attorneys fees spent for defending unreasonable complaints under the “Right to Farm Act,” which insulates farmers from nuisance and other related lawsuits. The bill has been referred to the Assembly Agriculture Committee.
New Jersey Bill Would Require Prosecutor Approval for Humane Law Enforcement Operations by Local Prosecutors
New Jersey Assembly Bill 956 would require the New Jersey SPCA and county societies for the prevention of cruelty to animals to obtain approval from the Attorney General or relevant county prosecutor prior to commencing law enforcement investigations or operations. The bill has been referred to the Assembly Agriculture Committee.
New Jersey Bill Would Require Availability of Behavioral History for Adoptable Animals
New Jersey Assembly Bill 167, “Rocky’s Law,” would require animal rescues and shelters to document the health, behavioral, and medical history of an animal prior to offering the animal for adoption. The bill has been referred to the Assembly Agriculture Committee.
Virginia Bill Would Address Service Animal Fraud
Virginia House Bill 586 would establish criminal liability for individuals who willfully misrepresent their need for a service animal. The bill also would prohibit third parties from providing documentation for individuals seeking a service animal accommodation under Virginia Fair Housing Law without establishing a prior therapeutic relationship. The bill has not yet been assigned to a committee.
Virginia Bill Would Provide Specific Procedures and Timelines for Vicious Dog Hearings
Virginia Senate Bill 279 would establish more specific procedures for issuing summons for dogs who are believed to be vicious and provide that an evidentiary hearing must be held within thirty days of the summons. The bill has been referred to the Senate Committee on Agriculture, Conservation, and Natural Resources.
Virginia Bill Would Criminalize Bestiality and Pornography Showing Animal Abuse
Virginia Senate Bill 249 would amend the state’s penal code by establishing felony crimes for sexual abuse of animals or possession or dissemination of pornography involving sexual abuse of animals. The bill has been referred to the Senate Committee on Agriculture, Conservation, and Natural Resources.
Virginia Bill Would Require Research Breeders to File Monthly Reports with State Veterinarian
Virginia House Bill 523 would require those who breed cats or dogs for research facilities to submit monthly reports to the Virginia State Veterinarian with detailed information concerning the number of animals housed, the number of births, the number of deaths and information about such deaths, the number of animals acquired through means other than birth, detailed information about the animals sold to animal testing facilities and the locations of those facilities, and all other means of animal disposition in the preceding month. The bill has not yet been assigned to a committee.
Washington State Bill Would Establish Labeling Requirements for Plant-based and Cultivated Meat
Washington House Bill 1909, “an act relating to misbranding of meat and poultry products,” would define a “meat, poultry, or finfish analogue” as “misbranded” if it “utilizes an identifiable meat term” without using a qualifier such as "plant-based," "vegan," "meatless," "meat-free," "vegetarian," "veggie," "made from plants," "veggie-based," "cell-based," "cultured," or "lab-grown." The bill further would require retailers that sell beef to “make an effort” to display beef as “U.S.A. beef” if it is born, raised, and slaughtered in Washington State or elsewhere in the United States, or was raised and slaughtered in the United States without spending more than sixty days in a foreign country. The bill has been referred to the House Committee on Rural Development, Agriculture, & Natural Resources
Colorado Bill Would Prohibit Hunting Bobcats, Lynx, and Mountain Lions
Colorado Senate Bill 22-031 would prohibit hunting bobcats, lynx, and mountain lions with limited exceptions relating to the safety of humans or livestock. Violations would be punishable as misdemeanors and subject to a $500-$2,000 fine, up to one year imprisonment, civil restitution up to $1,000, and hunting license suspension. The bill has been referred to the Senate Committee on Agriculture and Natural Resources.
Maryland Legislature Considers Cat Declawing Ban
Maryland Senate Bill 67 would make it illegal to declaw cats for any non-medical reason and impose monetary penalties of up to $10,000 per violation. If passed, the bill would take effect on October 1, 2022. The bill has been referred to the Senate Committee on Education, Health, and Environmental Affairs.
Rhode Island Bill Would Limit Declaring Dogs Vicious
Rhode Island House Bill 7075 would amend the state’s law concerning dangerous dogs by providing that a dog may only be declared vicious if he or she has been involved in a physical attack. The bill has been referred to the House Committee on Health and Human Services.
Rhode Island Bill Would Ban the Sale of Animal-Tested Cosmetics
Rhode Island House Bill 7074 would amend the state animal cruelty code to “ban a person or manufacturer from selling or offering for sale any cosmetic that was developed or manufactured using animal testing, if the test was conducted or contracted by the manufacturer or any supplier of the manufacturer on or after January 1, 2023.” The bill has been referred to the House Committee on Health and Human Services.
Virginia Bill Would Criminalize the Sale of Dogs and Cats to Foreign Testing Facilities
Virginia House Bill 1061 would make it illegal to breed dogs or cats for sale to animal testing facilities that are outside the United States. The bill is awaiting committee assignment.
Virginia Bill Would Establish Greater Oversight of Cat and Dog Research Breeders
Virginia Senate Bill 535 would require research breeders, defined to include “any person or entity that breeds dogs or cats for sale or transfer for use in testing or research” to pay a $100,000 annual registration fee and to submit to unannounced inspections at any day or time by an “Animal Welfare Oversight Officer.” The bill directs the State Veterinarian and the Department of Agriculture and Consumer Services to promulgate rules to further define compliance requirements for research breeders. The bill has been referred to the Senate Committee on Agriculture, Conservation, and Natural Resources.
West Virginia Bill Would Expand Right to Farm Protections to Urban Agriculture, Aquaponics, Hydroponics
West Virginia Senate Bill 126 would expand upon existing protection of agricultural operations from nuisance and other legal actions to include urban agriculture, aquaponics (the cultivation of fish and plants together), and hydroponics. The bill has been referred to the Senate Committee on Agriculture and Rural Development.
West Virginia Legislature Considers Bill to Protect Albino Deer
West Virginia Senate Bill 65 would prohibits the hunting, capturing, or killing of albino deer. Violators would be subject to civil penalties of up to $20,000 and criminal penalties of up to one hundred days in jail and $1,000. The bill has been referred to the Senate Natural Resources Committee.
West Virginia Bill Would Establish the Crime of Aggravated Animal Cruelty
West Virginia Senate Bill 134 would create and define the felony crime of “aggravated cruelty to animals” and further clarify how different acts of animal cruelty are classified and prosecuted. The bill has been referred to the Senate Judiciary Committee.
West Virginia Bill Would Expand Coyote Hunting Options
West Virginia House Bill 2213 would amend the state’s prohibited hunting practices law to allow year-round hunting of coyotes using artificial light or night vision goggles at any time of day. The bill has been referred to the House Committee on Agriculture and Natural Resources.
West Virginia Bill Would Reintroduce Previously Banned Fishing Practices
West Virginia House Bill 2511 would amend the state’s prohibited fishing practices to allow trotlines (long, heavy lines with a series of hooks attached), drop lines (commercial fishing devices consisting of a long fishing line set vertically down into the water with a series of fishing hooks attached to snoods), minnow traps, and jug fishing (the use of a free floating device to deploy hooks and lines). The bill has been referred to the House Committee on Agriculture and Natural Resources.
Arizona Bill Would Prohibit Insurance Underwriters from Limiting Coverage for Certain Dog Breeds
Arizona House Bill 2323 would amend the state’s insurance code by prohibiting insurance companies and courts from considering the breed of a dog when making decisions relating to coverage and liability. The bill has not yet been assigned to a committee.
Iowa Bill Would Allow Localities to Extend Breed Specific Legislation to Service Dogs
Iowa Senate File 2035 would eliminate special accommodation rights for disabled individuals and their service dogs if their service dog is a prohibited breed or perceived to be a member of a prohibited or restricted breed in the locality.
Mississippi Bill Would Allow Production of Raw Milk for Personal Consumption
Mississippi House Bill 577 would allow any “independent or partial owner of a cow, goat or sheep” to use the milk from such animal in its “raw or unadulterated form for the owner's personal consumption or other personal use,” exempting the milk from state pasteurization requirements. The bill has been referred to the House Committee on Public Health and Human Services.
Mississippi Bill Would Ease Direct Consumer Sales of Unprocessed Agricultural Products
Mississippi House Bill 578, the “Mississippi On-Farm Sales and Food Freedom Act,” would prohibit municipalities from restricting the direct sales from producer to consumer of unprocessed agricultural products. “Unprocessed” is defined in the bill to include “agricultural or farm products that have not been canned, cooked, fermented, distilled, preserved, ground, crushed or slaughtered.” If passed, the law would become effective July 1, 2022. The bill has been referred to the House Agriculture Committee.
Missouri Bill Would Mandate Greater Transparency for State-Funded Animal Experiments
Missouri House Bill 2446 would require public universities experimenting on animals to clearly and publicly post an annual report on their website disclosing comprehensive information about total funding used; active animal research projects and their purposes; the number and species of animals used; accounting for all animals adopted out, the current IACUC roster; compliance and noncompliance with relevant state and federal laws and regulations; and specific steps that the program is taking to refine, reduce, and replace animals as subjects of experiments. The bill also would make it a violation of the state cruelty code to injure a female dog’s reproductive organs during the course of artificial insemination.
Utah Bill Would Limit Local Ability to Regulate Retail Pet Stores
Utah House Bill 158 would prohibit localities from passing ordinances that require retail pet stores to offer only rescued animals for adoption.
Virginia Bill Would Clarify That Dog and Cat Breeders Selling to Animal Testing Facilities Do Not Qualify for Experimentation Exemption from State Cruelty Code
Virginia Senate Bill 604 would clarify that dogs and cats in the possession of a person or an entity that breeds dogs or cats for animal testing facilities are considered companion animals for the purposes of animal cruelty statutes. The bill also provides that breeding dogs or cats for sale or transfer to a research facility, or breeding dogs or cats within a research facility, does not constitute bona fide scientific or medical experimentation for purposes of exemption from animal cruelty statutes. The bill has been referred to the Senate Committee on Agriculture, Conservation, and Natural Resources.
Pending Municipal Actions
Washington, D.C. Considers Numerous Changes to its Municipal Animal Care Ordinances
The “Animal Care and Control Omnibus Amendment Act of 2021” would make numerous updates to the District of Columbia municipal regulations concerning companion animals. It would: 1) authorize animal control vehicles to operate emergency lights and sirens when responding to life-threatening animal emergencies; 2) enable the Washington Humane Society to recover costs incurred boarding animals during a pending criminal or other proceeding; 3) prohibit declawing of cats; 4) require pet stores to offer only rescue animals; 5) ban the ownership of dogfighting tools and equipment; 6) criminalize bestiality; and 7) require family law judges to make joint or sole custody decisions that reflect the best interest of the animal in cases of divorce.
Case Law Updates
Federal Case Law Updates
Conservation Group Sues to Protect Humpback Whales from Fishing Gear
The Center for Biological Diversity (CBD) sued the National Marine Fisheries Service (NMFS) for failing to protect endangered Pacific humpback whales from deadly entanglements in sablefish pot gear off the coasts of California, Oregon, and Washington. The complaint states that fishing gear entanglements are a leading threat to endangered humpback whales who migrate along the West Coast, where 48,521 square nautical miles were designated as their critical habitat in 2021. CBD is seeking declaratory judgment that NMFS violated the Endangered Species Act when it authorized incidental takes of humpback whales during commercial fishing in the sablefish fishery and is asking the court to vacate the authorization.
Conservation Groups Launch Additional Lawsuit Against National Park Service to Protect Point Reyes National Park and Tule Elk
Resource Renewal Institute, Center for Biological Diversity, and Western Watersheds Project filed a federal lawsuit challenging the National Park Service’s (NPS) controversial management plan for expanding private agriculture at California’s Point Reyes National Seashore, one of a handful of national parks that permits cattle grazing. Plaintiffs argue that NPS’ General Management Plan amendment, which authorizes 20-year leases for cattle ranchers in the park, impermissibly expands commercial ranching on public lands at the expense of native wildlife and natural habitats. Plaintiffs also argue that the NPS Plan amendment allows harmful water pollution to continue and permits the agency to kill native tule elk, a subspecies that is unique to Point Reyes National Park. Plaintiffs are seeking declaratory judgment and asking the court to vacate the GMP amendment.
Agency Updates
Dog Rescue Groups Petition CDC to Update Rabies Import Controls
Yankee Golden Retriever Rescue and Soi Dog Foundation petitioned the Department of Health and Human Services and the Centers for Disease Control and Prevention (CDC), seeking regulatory changes that would allow the rescue groups to resume importing dogs rescued in foreign countries. The CDC temporarily suspended the import of dogs from 113 countries in June 2021 due to concerns for rabies introduction and dubious reliability of foreign rabies certificates, halting much U.S. international rescue work. Petitioners are seeking rulemaking to update rabies control systems and expand import eligibility to anyone who complies with specified vaccine testing protocols and safeguards.
U.S. Fish & Wildlife Service Reopen Public Comment Period on Proposal to Delist Ivory-Billed Woodpecker Due to Extinction
The U.S. Fish & Wildlife Service (FWS) is reopening the public comment period on its proposal to remove the ivory-billed woodpecker from the endangered species list due to believed extinction. FWS will accept comments through February 10, 2022 and is holding a public hearing via Zoom on January 26, 2022.
U.S. Fish & Wildlife Service Seeks Input on Recovery Plan for Rare Mouse Species
The U.S. Fish & Wildlife Service (FWS) announced availability of its draft recovery plan for the New Mexico jumping mouse, a subspecies that lives in riparian habitats in New Mexico, Arizona, and Colorado. FWS added the rare mouse to the endangered species list in 2014, and it is accepting public comments through March 13, 2022 on its goals, objectives, and criteria for helping to recover the species.
FDA Approves Novel Osteoarthritis Treatment for Cats
The Food and Drug Administration (FDA) announced its approval of Solensia, the first treatment for the control of pain associated with osteoarthritis in cats and the first monoclonal antibody drug approved by the FDA for use in any animal species. The active ingredient in Solensia is a cat-specific monoclonal antibody (a type of protein) designed to recognize and attach to a protein that is involved in the regulation of pain. The treatment is designed to be administered via monthly injections by the cat’s treating veterinarian.
U.S. Fish & Wildlife Service Announces Public Comment Period on Recovery Applications for Rare Fish and Birds
The U.S. Fish & Wildlife Service (FWS) published notice of two endangered species recovery permit applications it has received: one from the Oregon Department of Environmental Quality to capture, collect data from, and release Lost River suckers and shortnose suckers (a rare fish species) and another from Pacific Rim Conservation to capture, attach transmitters to, and release Hawaiian petrel and O’ahu elepaio (a rare bird species). FWS is accepting public comments on the two applications through February 14, 2022.
National Marine Fisheries Service Authorizes Harm to Whales and Dolphins During Oil Drilling
The National Marine Fisheries Service issued a Letter of Authorization (LOA) to Equinor Gulf of Mexico, LLC, pursuant to the Marine Mammal Protection Act’s Regulations for Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico. The LOA authorizes Equinor to harm or harass the following cetacean species during the course of oil drilling in the Gulf of Mexico between January 10, 2022 and May 28, 2022: Rice whales, sperm whales, melon-headed whales, pygmy killer whales, false killer whales, killer whales, short-finned pilot whales, pygmy sperm whales, beaked whales, rough-toothed dolphins, bottlenose dolphins, Clymene dolphins, Atlantic spotted dolphins, pantropical spotted dolphins, spinner dolphins, striped dolphins, Fraser’s dolphins, and Risso’s dolphins.
U.S. Forest Service Considers Permit for State Elk Management Activities on Federal Land in Wyoming
The Wyoming Game and Fish Commission has applied to the U.S. Forest Service for a permit for the continued use of facilities on National Forest System lands to conduct elk management activities, including providing hay to wintering elk, at feeding grounds in Bondurant, Wyo. and Alpine, Wyo. between November and April each year. The Forest Service is considering whether it should authorize long-term use, and if so, what conditions should attach to the special use permit. The Forest Service is accepting public comments through February 14, 2022.
National Marine Fisheries Service Announces Alaska Aboriginal Whaling Quota for 2022
The National Marine Fisheries Service announced that it is giving the Alaska Eskimo Whaling Commission an “aboriginal subsistence whaling quota” of ninety-three bowhead whales for 2022. The quota is subject to certain limitations, including a prohibition on paying money to crews who participate in the hunts and a prohibition on selling or offering for sale any whale products except for authentic articles of Native American handicrafts.
National Marine Fisheries Service Proposes New Regulations for Dolphin and Wahoo Fishery
The National Marine Fisheries Service (NMFS) announced proposed regulatory changes relating to the implementation of the Fishery Management Plan for the Dolphin and Wahoo Fishery of the Atlantic, as prepared and submitted by the South Atlantic Fishery Management Council. The proposed regulations revise annual catch limits, accountability measures, authorized fishing gear, and management measures for dolphin and wahoo. NMFS is accepting public comments through February 14, 2022.
International Updates
Courts in Spain Will Consider Best Interests of the Animal When Making Custody Decisions
According to a new law in Spain, courts must treat companion animals as sentient beings, rather than as property of one partner or the other, when making custody decisions during divorce proceedings. Courts now must consider the animal’s welfare in making these custody decisions. Spain’s new law follows similar changes in France and Portugal.
British Government Seeks to Enhance Penalties for Cruel and Illegal “Hare Coursing”
The British Government announced that it is enhancing the criminal penalties for illegal “hare coursing,” which involves the use of dogs to chase and kill hares. Hare coursing is commonly associated with other forms of criminal activity, including criminal trespass and intimidation of property owners. The government set out several amendments to the Police, Crime, Sentencing, and Courts Bill to strengthen law enforcement against hare coursing, including banning convicted offenders from owning or keeping dogs and enhancing penalties for criminal trespass.
France Introduces New Law to Promote Horse Welfare
France reportedly introduced a new law that will require horse owners to demonstrate their knowledge of equine management by obtaining a “knowledge certificate.” Private horse owners not already licensed under a governing body will be required to undertake education to demonstrate their knowledge about equine management.
The US Edition of the Animal Law Digest is published weekly with the support of the Brooks McCormick Jr. Animal Law & Policy Program at Harvard Law School.