Brooks Animal Law Digest

The CECIL (Conserving Ecosystems by Ceasing the Importation of Large Animal Trophies Act) Act would amend the Endangered Species Act to ban all imports and exports of any animal listed or proposed to be listed as either threatened or endangered under the Endangered Species Act except when the country in which the animal was killed meets more rigorous standards of conservation efforts and transparency. The bill also proposes to prohibit all importations of elephants and lions from Tanzania, Zimbabwe, or Zambia.

The Cormorant Relief Act would solidify existing regulations that allow commercial fish farming operations and Wildlife Services, among other groups, to take (by means of firearm) double-crested cormorants without a permit when the seabird has or is about to eat some of the farmed fish into federal law.

The Pet Safety and Protection Act proposes to more narrowly define acceptable sources of dog and cat specimens under the Animal Welfare Act. The bill would define permissible sources for obtaining a dog or a cat to be used in research to include only licensed dealers, public animal shelters, a person who has bred and raised or owned the animal for at least one year, and research facilities.

The Migratory Bird Framework and Hunting Opportunities for Veterans Act would set the standard closing date of duck hunting season at January 31 (as opposed to allowing the states to select the closing date) and would allow states to open 4 additional days of hunting season open to youths and veterans seeking to hunt ducks, mergansers, and coots.

The Shark Fin Sales Elimination Act of 2019 would prohibit, except in cases of permitted takings used for non-commmerical purposes, the possession, sale, or purchase of any product containing shark fin. The bill would exempt smooth dogfish and spiny dogfish from the prohibition, pending a determination by the Secretary of Commerce regarding the impact of such exemptions. A substantially similar bill was also introduced in the Senate.

The Sustainable Shark Fisheries and Trade Act of 2019 proposes prohibiting the importation of shark products from nations that do not provide for the conservation of sharks and measures to prohibit shark finning.

The Wildlife Conservation and Anti-Trafficking Act of 2019 proposes to authorize rewards for whistleblowers who provide information on wildlife trafficking violations, to provide specified funding under the Great Ape Conservation Act and the Marine Turtle Conservation Act, to redirect fines under wildlife statutes to conservation efforts, and to make wildlife trafficking a predicate racketeering violation.

The WOOF (Welfare of Our Friends) Act of 2019 would amend the Animal Welfare Act to prohibit the issuance of a dog dealer license to an immediate family member of anyone who, any other person who resides at the same address of someone who, or a legal entity if someone who has an ownership interest in that entity has had such a license revoked in the last 10 years.

The PREPARED (Providing Responsible Emergency Plans for Animals at Risk of Emerging Disasters) Act of 2019 proposes to amend the Animal Welfare Act to require that research facilities, dealers, exhibitors, intermediate handlers, carriers, and Federal research facilities covered by the AWA develop and follow emergency contingency plans that ensure humane treatment of animals in the case of a disaster.

The HEART (Humane and Existing Alternatives in Research and Testing Sciences) Act of 2019 would require the NIH to establish incentives to use non-animal research methods, use animal methods only as a last resort, require additional review of proposed animal research including the use of pain relievers and other veterinary care.

The Albatross and Petrel Conservation Act would prohibit harmful interference with an albatross or petrel subject, including dead animals and derivative products of such animals.

The Migratory Birds of the Americas Conservation Act would reauthorize the Neotropical Migratory Bird Conservation Act through 2025 with an annual grant of 6.5 million dollars.

The Wild Bird Conservation Reauthorization Act of 1992 would reauthorize the Act from 2020 through 2025.

The Big Cat Public Safety Act proposes to amend the Lacey Act to prohibit public contact with a member of prohibited wildlife species unless that individual is a professional, veterinarian, or directly supporting conservation efforts.

The SAVE (Scientific Assistance for Very Endangered North Atlantic Right Whales) Act of 2019 would provide additional financial resources to various state, research, and nonprofit organizations pursuing conservation efforts for right whales.

The Animal Welfare Enforcement Improvement Act would amend the AWA to add a citizen suit provision. It would also require that dealers and exhibitors reapply to a license from the USDA each year (rather than having their licenses auto-renewed without additional inspection) and require the USDA to deny applications for licenses when animal welfare standards are not met during a second inspection or if the licensee has violated any other laws relating to animals.

The AFTER (Animal Freedom from Testing, Experiments, and Research) Act of 2019 proposes to require federal agencies that operate research facilities to promulgate regulations facilitating and encouraging the adoption or placement in a sanctuary of “any animal of the facility [who] is no longer needed for research and determined to be suitable for retirement.”

The Traveling Exotic Animal and Public Safety Protection Act of 2019 would amend the Animal Welfare Act to prohibit the use of exotic or wild animals in a traveling performance. The Act would except permanent institutions accredited by the Association of Zoos and Aquariums, World Association of Zoos and Aquariums, or the Global Federation of Animal Sanctuaries; exhibitions as part of an environmental education program accredited by the Association of Zoos and Aquariums; research facilities; animals used in television or film; rodeos, wildlife rehabilitators, federally permitted falconers, or wildlife sanctuaries.

The Livestock Protection Act of 2019 would authorize the Fish and Wildlife Service to issue permits to livestock farmers to allow the taking of a black vulture otherwise prohibited.

The Streamlining Environmental Approvals Act proposes to amend the Marine Mammal Protection Act to restrict the Secretary’s ability to request further information from applicants, institute automatic approval of permits if the Secretary fails to issue a decision, and allow for auto-extensions of authorizations, among other changes.

The Horse Protection Amendments Act of 2019 would amend the Horse Protection Act to ban horse soring in horse shows and exhibitions and establish an industry organization that will oversee inspections and licensing ensuring such practices.

The PAST (Prevent All Soring Tactics) Act of 2019 would amend the Horse Protection Act to disqualify horses from being shown or exhibited if found to be sore.

The Tribal Heritage and Grizzly Bear Protection Act would prohibit the taking, possession, or transport of a grizzly bear unless permitted for reasons of authorized scientific, exhibition, or religious reasons. The Act would also establish a Grizzly Bear Scientific Committee, require consultation with Native Tribes, and pursue reintroduction of grizzly bears to tribal lands.

The Puppy Protection Act of 2019 would impose additional requirements on facilities regulated under the Animal Welfare Act regarding the treatment of dogs, including additional space, appropriate temperature control, adequate exercise, daily socialization, and other requirements.

The Wildlife VET (Veterinarians Employment and Training) Act would authorize grants to create more positions for wildlife and zoological veterinarians, a loan repayment assistance program for veterinary students specializing in wildlife and zoological care, a scholarship program for veterinary students, and grants to assist in the development of training programs for wildlife and veterinary students.

The DEER (Detection, Enhanced Education, and Response) Act of 2019 would amend the Animal Health Protection Act to allocate funds to state efforts to manage the chronic wasting disease and award a land grant to establish a policy research center with a focus on chronic wasting disease. The Chronic Wasting Disease Management Act proposes similar actions.

The Captive Primate Safety Act would amend the Lacey Act to protect all nonhuman primates and only excepting entities that do not allow contact between members of the public and certain wild animals.

The bill would direct the Secretary of the Interior to reissue final rules issued in December 2011 and September 2012 that remove protections of the Gray Wolf and designate the rule “not . . . subject to judicial review.”

The Grizzly Bear State Management Act of 2019 would require the Department of the Interior to remove the Greater Yellowstone ecosystem population of grizzly bears from the list of endangered and threatened species protected by the Endangered Species Act.

The Empower Rural Economies Through Alaska Native Sustainable Arts and Handicrafts Act would amend the Marine Mammal Protect Act to exempt takings by any Indian, Aleut, or Eskimo if the taking is for purposes of subsistence or creating and selling authentic handicrafts and is not accomplished in a “wasteful manner.”

The KITTEN (Kittens in Traumatic Testing Ends Now) Act of 2019 would amend the Animal Welfare Act to prohibit experimentation on cats that may cause pain or stress unless that pain or stress is the result of a “physical exam or training program.”

AB-1254, presented to the Governor on September 19, would make it illegal to hunt bobcats, except in certain circumstances. It would allow the state to open a bobcat hunting season when determined one is “needed” and a bobcat management plan is in place.

AB-1260, presented to the Governor on September 11, would make it a misdemeanor to possess or sell the dead party or part thereof of a number of animals, including polar bears, leopards, cheetahs, jaguars, tigers, otters, elephants, and dolphins.

Senate Bill 313, presented to the Governor on September 19, would prohibit sponsoring, conducting, or operating a circus that uses any animals other than a dog, cat, or horse in the state.

House Bill 181, currently in committee, would require some animals used in research in Florida to offer animals no longer being used in research for adoption or “retirement.” The bill also provides for civil liability immunity to such facilities.

House Bill 209, introduced on September 20, proposes to prohibit discrimination in the rental of housing to a person who requires an emotional support animal, including charging the person additional fees.

Senate Bill 186, currently in committee, would declare contracts for the temporary leasing of pets (defined to exclude animals used for business or agricultural purposes) as void and against public policy.

Bill Request 288, entered on September 25, proposes to require that veterinarians in the state report suspected animal abuse to an animal control officer. The text of the bill request is not yet publicly available.

House Bill 4931 proposes to prohibit driving while a dog is sitting on an individual’s lap.

House Bill 4947, introduced at the beginning of September, proposes to ban “laboratory-grown meat substitute[s]” as being labeled “meat.”

Senate Bill 6742, introduced on September 23, would prohibit animal insurance companies from excluding or limiting coverage of pre-existing conditions.

Proposition 10, on the ballot in November, would allow the transfer of police animals, once no longer used by the law enforcement agency, to their handler or other qualified individuals. Right now, the animals are classified as surplus or salvage property and may be auctioned, destroyed, or donated.

Senate Bill 139, now being considered by the full Senate, would make it a felony to have sexual contact with an animal or to facilitate such behavior.

ALDF has sent notice, as required by law, of its intent to sue Special Memories Zoo under the Endangered Species Act, as well as state laws, for failing to provide adequate enclosures and care for over 200 animals. The zoo has a history of violations of the Animal Welfare Act, including for lack of drinking water and contaminated food.

PETA, ALDF, and the Orca Network are appealing a district court ruling that they were not able to challenge the USDA’s grant of a permit to transfer Lolita to a new owner to the 11th Circuit. 

Rose Acre Farms, the second-largest egg producer in the United States, was cleared of antitrust charges by a jury in June of 2018, ten years after the case [In re Processed Egg Products Antitrust Litigation] originated in 2008. Shortly thereafter, shell egg purchasers appealed the judgment to the 3rd Circuit Court of Appeals. The egg producer has now filed a brief with the court arguing that, contrary to what the egg purchasers argue, the lower court applied the correct standard.

The Trump Administration has finalized new rules that will allow the federal government to cut down the amount of land preserved for wildlife and to disregard the impacts of climate change when considering whether animals should be protected under the Endangered Species Act. The states are challenging that action as inconsistent with the statute and a violation of both the Administrative Procedure Act and the National Environmental Policy Act.

A federal judge ruled this week that a lawsuit against the Trump Administration’s so-called International Wildlife Conservation Council (that critics say is intended to promote trophy hunting and trophy imports) will go forward. The judge did not accept the government’s argument that the groups lacked standing to sue.

Three animal protection organizations (Animal Legal Defense Fund, Public Interest Coalition, and Friends of Animals) are suing the California Fish and Game Commission for altering hunting regulations to allow hunters to employ dogs to chase potential prey to the point of exhaustion before using GPS trackers on the dogs’ collars to find the animal who is no longer able to run away and shoot them. The organizations argue that this decision violates the California Environmental Quality Act.

Darling Ingredients, a company that recycles animal byproducts, including carcasses, is being sued by the state of New Jersey for the smells that it produces and subjects nearby residents to.

A California man has filed suit against Fairlife, alleging that the company knowingly misled consumers regarding the treatment of the cows used by Fairlife.

The court considered whether a small pig farming operation, which was in compliance with federal but not local regulations, was in violation of the law. The court sided with the farmer, saying that the local regulation was preempted.

The Animal and Plant Health Inspection Service has added Hong Kong, Laos, and the Democratic People’s Republic of Korea to its list of regions affected with African Swine Fever, a viral disease that causes high fever, weakness, and difficulty breathing in pigs. There is no treatment or vaccine for the disease. These changes mean that pork and pork products may not be imported to the United States from these regions unless the products were processed and treated in accordance with specific standards or produced at an APHIS-approved facility.

An orangutan released by a judge’s ruling in 2015 is on her way to a sanctuary in the United States, where she will spend the rest of her life.

Charlotte Blattner, a former Fellow at the Harvard Animal Law & Policy Program, has published an article in the Journal of International Wildlife Law & Policy analyzing the argument that the WTO should treat animals, not as goods or natural resources, but as working subjects.

This article by Daniel Challender and Douglas MacMillan addresses the role of non-governmental organizations in decisions made at CITES, recommending that such actors seek to better understand the CITES decision-making process.

This article by Tuyen Le explores CITES’ conception of nature and those conceptions’ impact on policy.

This article by Mark Simpson argues against Canada’s interpretation of the International Polar Bear Agreement that has allowed state actors to implement polar bear hunting for sport.

This article explores the difference in animal testing when “Good Laboratory Practices” (and the three Rs: replace, reduce, and refine) are employed.