Maine House Bill 1556 proposes to prohibit a manufacturer from selling or offering for sale in the state a cosmetic that was developed or manufactured using cosmetic animal testing conducted or contracted for on or after November 1, 2021.
This Week's Spotlights
Legislative Updates - Pending State Actions
Maine Considers Ban on Sale of Cosmetics Tested on Animals
Arkansas Considers Establishing Sunset Date for Dairy and Cattle State Agency Rules
Arkansas House Bill 1920 would require each agency that “has promulgated a rule pertaining to milk and cattle production” to file “an initial rule report” with the Governor and Legislative council by December 1, 2021 and a “final rule report” by September 1, 2022. The bill subsequently would require the Legislative Council to vote by December 31, 2022 to determine whether each rule should continue to remain in effect or be repealed. The bill would not apply to rules pertaining solely to waste management.
Arkansas House Bill 1920 would require each agency that “has promulgated a rule pertaining to milk and cattle production” to file “an initial rule report” with the Governor and Legislative council by December 1, 2021 and a “final rule report” by September 1, 2022. The bill subsequently would require the Legislative Council to vote by December 31, 2022 to determine whether each rule should continue to remain in effect or be repealed. The bill would not apply to rules pertaining solely to waste management.
Legislative Updates - Passed Municipal Updates
Chicago Closes Puppy Mill Loophole to Ban on Sale of Cats and Dogs
The Chicago City Council has closed a loophole in the city’s puppy mill ordinance that allowed phony rescue organizations to “launder” animals bred in puppy mills into pet stores as “rescue” animals. The ordinance now requires that a “pet shop shall not have any ownership or monetary interest in the animals displayed for adoption. The animals may only be transferred to an adopting individual for a nominal adoption fee.” The ordinance also exempts small scale “backyard breeders” who sell directly to the public and possess 5 or fewer female dogs or cats capable of reproduction.
The Chicago City Council has closed a loophole in the city’s puppy mill ordinance that allowed phony rescue organizations to “launder” animals bred in puppy mills into pet stores as “rescue” animals. The ordinance now requires that a “pet shop shall not have any ownership or monetary interest in the animals displayed for adoption. The animals may only be transferred to an adopting individual for a nominal adoption fee.” The ordinance also exempts small scale “backyard breeders” who sell directly to the public and possess 5 or fewer female dogs or cats capable of reproduction.
Agency Updates
National Marine Fisheries Service Designates Critical Habitat for Humpback Whales
The National Marine Fisheries Service has designated areas of critical habitat for several distinct population segments of humpback whales under the Endangered Species Act. The designation includes approximately 59,411 square nautical miles of critical habitat for the endangered Western North Pacific distinct population segment, approximately 48,521 square nautical miles of critical habitat for the endangered Central America distinct population segment, and approximately 116,098 square nautical miles of critical habitat for the threatened Mexico distinct population segment. The rule is effective as of May 21, 2021.
The National Marine Fisheries Service has designated areas of critical habitat for several distinct population segments of humpback whales under the Endangered Species Act. The designation includes approximately 59,411 square nautical miles of critical habitat for the endangered Western North Pacific distinct population segment, approximately 48,521 square nautical miles of critical habitat for the endangered Central America distinct population segment, and approximately 116,098 square nautical miles of critical habitat for the threatened Mexico distinct population segment. The rule is effective as of May 21, 2021.
National Marine Fisheries Service Initiates 5-Year Review for Southern Resident Killer Whales
The National Marine Fisheries Service has announced it is initiating a 5-year review of Southern Resident killer whales under the Endangered Species Act to ensure that the listing classification of the species remains accurate. The agency is accepting information to inform its review until June 21, 2021.
The National Marine Fisheries Service has announced it is initiating a 5-year review of Southern Resident killer whales under the Endangered Species Act to ensure that the listing classification of the species remains accurate. The agency is accepting information to inform its review until June 21, 2021.
Legislative Updates
Passed State Actions
Idaho Repeals Prohibition on Domestic Reindeer Ownership
Idaho Governor has signed into law House Bill 166 which repeals a prohibition on holding reindeer “for domestic purposes north of the Salmon River.”
Idaho Governor has signed into law House Bill 166 which repeals a prohibition on holding reindeer “for domestic purposes north of the Salmon River.”
Montana Authorizes Reimbursement of Costs Related to Hunting Wolves
Montana Governor has signed into law Senate Bill 267 which authorizes persons licensed to hunt or trap wolves to be reimbursed for “receipts of costs incurred related to the hunting or trapping of wolves.”
Montana Governor has signed into law Senate Bill 267 which authorizes persons licensed to hunt or trap wolves to be reimbursed for “receipts of costs incurred related to the hunting or trapping of wolves.”
Pending State Actions
Louisiana Considers Creating Crime of Unlawful Possession, Transfer, or Manufacture of Animal Fighting Paraphernalia
Louisiana Senate Bill 144 would make it unlawful to possess, purchase, sell, transfer, or manufacture animal fighting paraphernalia “with the intent to engage in, promote, or facilitate animal fighting.” “Animal fighting paraphernalia” is defined as “equipment, products, implements, or materials of any kind that are used, intended for use, or designed for use in the training, preparation, conditioning, or furtherance of animal fighting, and includes but is not limited to . . . breaking sticks, cat mills, treadmills, fighting pits, spring poles, unprescribed veterinary medicine, veterinary treatment supplies, [and] spurs, gaffs, knives, leather training spur covers, slashers, heels, or any other sharp implement designed to be attached in place of the natural spur of a cock or game fowl.”
Louisiana Senate Bill 144 would make it unlawful to possess, purchase, sell, transfer, or manufacture animal fighting paraphernalia “with the intent to engage in, promote, or facilitate animal fighting.” “Animal fighting paraphernalia” is defined as “equipment, products, implements, or materials of any kind that are used, intended for use, or designed for use in the training, preparation, conditioning, or furtherance of animal fighting, and includes but is not limited to . . . breaking sticks, cat mills, treadmills, fighting pits, spring poles, unprescribed veterinary medicine, veterinary treatment supplies, [and] spurs, gaffs, knives, leather training spur covers, slashers, heels, or any other sharp implement designed to be attached in place of the natural spur of a cock or game fowl.”
New York Considers Mandatory Holding Time for Animal Shelters Before Euthanasia
New York Assembly Bill 6904 would require that an animal shelter possessing a dog make the animal available for adoption for at least 90 days after the owner’s redemption period before the dog may be euthanized.
New York Assembly Bill 6904 would require that an animal shelter possessing a dog make the animal available for adoption for at least 90 days after the owner’s redemption period before the dog may be euthanized.
New York Considers Expanding Definition of Aggravated Cruelty to Animals
New York Assembly Bill 6923 would redefine the crime of aggravated cruelty to animals to include conduct that is intended to cause “serious physical injury” and conduct that “is committed with a weapon.”
New York Assembly Bill 6923 would redefine the crime of aggravated cruelty to animals to include conduct that is intended to cause “serious physical injury” and conduct that “is committed with a weapon.”
New York Considers Requiring Informed Consent for Euthanasia of Companion Animals
New York Senate Bill 6209 would require a veterinarian to explain the various methods of euthanasia available to a companion animal owner, the benefits and risks of each method, their relative negative effects to the animal, and fully answer any related questions the owner has. The bill further would require the veterinarian and owner to sign a standardized form saying each of those requirements had been met before euthanizing the companion animal. The bill would also place conditions on the use of cardiac injection as a method of euthanasia and would mandate that a companion animal owner “be allowed to remain with his or her pet during the entire process of euthanasia, including when death is confirmed.”
New York Senate Bill 6209 would require a veterinarian to explain the various methods of euthanasia available to a companion animal owner, the benefits and risks of each method, their relative negative effects to the animal, and fully answer any related questions the owner has. The bill further would require the veterinarian and owner to sign a standardized form saying each of those requirements had been met before euthanizing the companion animal. The bill would also place conditions on the use of cardiac injection as a method of euthanasia and would mandate that a companion animal owner “be allowed to remain with his or her pet during the entire process of euthanasia, including when death is confirmed.”
Vermont Considers Stipends for Users of Service Animals
Vermont House Bill 450 would provide monthly stipends to individuals who use a guide, signal, or service animal to assist with the individual’s “disability-related needs.” The bill would require such stipends be used to offset the costs of food, grooming, and healthcare for the animal.
Vermont House Bill 450 would provide monthly stipends to individuals who use a guide, signal, or service animal to assist with the individual’s “disability-related needs.” The bill would require such stipends be used to offset the costs of food, grooming, and healthcare for the animal.
North Carolina Considers Ban on Traveling Wild Animal Acts
North Carolina House Bill 594 would prohibit providing, arranging for, sponsoring, or obtaining financial benefit from the use of an exotic or wild animal in a traveling animal act. “Exotic or wild animal” is defined to include taxa and hybrids of Canidae (other than domestic dogs), Cetartiodactyla (other than alpacas, bison, cattle, deer, goats, guanacos, llamas, swine, and sheep), Crocodilia, Edentata, Elasmobranchii, Elephantidae, Felidae (other than domestic cats), Hyaenidae, Marsupialia, Mustelidae, nonhuman primates, Perissodactyla (other than horses, donkeys, and mules), Pinnipedia, Procyonidae, Ratites, Spheniscidae, Testudinidae, Ursidae, Varanidae, and Viverridae. The bill contains exemptions for permanent facilities “accredited by the Association of Zoos & Aquariums, the World Association of Zoos and Aquariums, or the Global Federation of Animal Sanctuaries”; exhibitions at animal sanctuaries; “environmental education program[s]”; and research or “other educational” program[s] ]––provided the animals used for such purposes are not kept in a mobile housing facility for more than 12 hours in any day.
North Carolina House Bill 594 would prohibit providing, arranging for, sponsoring, or obtaining financial benefit from the use of an exotic or wild animal in a traveling animal act. “Exotic or wild animal” is defined to include taxa and hybrids of Canidae (other than domestic dogs), Cetartiodactyla (other than alpacas, bison, cattle, deer, goats, guanacos, llamas, swine, and sheep), Crocodilia, Edentata, Elasmobranchii, Elephantidae, Felidae (other than domestic cats), Hyaenidae, Marsupialia, Mustelidae, nonhuman primates, Perissodactyla (other than horses, donkeys, and mules), Pinnipedia, Procyonidae, Ratites, Spheniscidae, Testudinidae, Ursidae, Varanidae, and Viverridae. The bill contains exemptions for permanent facilities “accredited by the Association of Zoos & Aquariums, the World Association of Zoos and Aquariums, or the Global Federation of Animal Sanctuaries”; exhibitions at animal sanctuaries; “environmental education program[s]”; and research or “other educational” program[s] ]––provided the animals used for such purposes are not kept in a mobile housing facility for more than 12 hours in any day.
Maine Considers Ban on Sale of Cosmetics Tested on Animals
Maine House Bill 1556 proposes to prohibit a manufacturer from selling or offering for sale in the state a cosmetic that was developed or manufactured using cosmetic animal testing conducted or contracted for on or after November 1, 2021.
Maine House Bill 1556 proposes to prohibit a manufacturer from selling or offering for sale in the state a cosmetic that was developed or manufactured using cosmetic animal testing conducted or contracted for on or after November 1, 2021.
Idaho Considers Increased Funding and Authorization for Wolf Predation Control Board
Idaho Senate Bill 1211 would authorize the Idaho Wolf Predation Control Board to enter into agreements with private contractors, increase the board’s budget from $110,000 to $300,000 annually, and authorize wolf-trapping year-round on all private property.
Idaho Senate Bill 1211 would authorize the Idaho Wolf Predation Control Board to enter into agreements with private contractors, increase the board’s budget from $110,000 to $300,000 annually, and authorize wolf-trapping year-round on all private property.
Ohio Legislation Would Limit Euthanasia of Companion Animals Using Nonanesthetic Gas
Ohio Senate Bill 164 would prohibit animal shelters from “recklessly” euthanizing a companion animal “by the use of carbon monoxide gas chamber, carbon dioxide gas chamber, or any other nonanesthetic inhalant.” The bill does authorize use of such methods of euthanasia “if the state veterinary medical licensing board, in consultation with the state board of pharmacy, declares that there is a shortage of approved lethal injection substances.” The bill’s prohibition would not apply to private veterinarians or animals used in scientific research. The bill additionally revises the definitions and penalties associated with companion animal cruelty, including requiring the provision of wholesome food and water.
Ohio Senate Bill 164 would prohibit animal shelters from “recklessly” euthanizing a companion animal “by the use of carbon monoxide gas chamber, carbon dioxide gas chamber, or any other nonanesthetic inhalant.” The bill does authorize use of such methods of euthanasia “if the state veterinary medical licensing board, in consultation with the state board of pharmacy, declares that there is a shortage of approved lethal injection substances.” The bill’s prohibition would not apply to private veterinarians or animals used in scientific research. The bill additionally revises the definitions and penalties associated with companion animal cruelty, including requiring the provision of wholesome food and water.
Michigan Legislation Would Allow Courts to Order Defendants to Pay Restitution in Cases of Offenses Against Animals
Michigan House Bill 4703 proposes to allow courts in a case involving an offense against an animal victim to order the defendant to pay restitution for the costs of the investigation of the offense; costs of the prosecution; and costs of the seizure, care, housing, veterinary medical care, and disposition of the animal. The bill would also prohibit returning confiscated animal victims to defendants unless they are found not guilty and add several requirements related to animal seizure, forfeiture, and payment of security bonds.
Michigan House Bill 4703 proposes to allow courts in a case involving an offense against an animal victim to order the defendant to pay restitution for the costs of the investigation of the offense; costs of the prosecution; and costs of the seizure, care, housing, veterinary medical care, and disposition of the animal. The bill would also prohibit returning confiscated animal victims to defendants unless they are found not guilty and add several requirements related to animal seizure, forfeiture, and payment of security bonds.
Arkansas Considers Establishing Sunset Date for Dairy and Cattle State Agency Rules
Arkansas House Bill 1920 would require each agency that “has promulgated a rule pertaining to milk and cattle production” to file “an initial rule report” with the Governor and Legislative council by December 1, 2021 and a “final rule report” by September 1, 2022. The bill subsequently would require the Legislative Council to vote by December 31, 2022 to determine whether each rule should continue to remain in effect or be repealed. The bill would not apply to rules pertaining solely to waste management.
Arkansas House Bill 1920 would require each agency that “has promulgated a rule pertaining to milk and cattle production” to file “an initial rule report” with the Governor and Legislative council by December 1, 2021 and a “final rule report” by September 1, 2022. The bill subsequently would require the Legislative Council to vote by December 31, 2022 to determine whether each rule should continue to remain in effect or be repealed. The bill would not apply to rules pertaining solely to waste management.
New York Legislation Would Prohibit Discrimination Against Owners of Specific Dog Breeds in Housing
New York Assembly Bill 7136 would prohibit both private landlords and public housing authorities from restricting residential occupancy based on a person’s guardianship of a dog of specific breed, size, or weight.
New York Assembly Bill 7136 would prohibit both private landlords and public housing authorities from restricting residential occupancy based on a person’s guardianship of a dog of specific breed, size, or weight.
New York Legislation Would Require Release of Animal from Shelter to Rescue Group if Requested Prior to Euthanasia
New York Assembly Bill 7155 would require the release of a companion animal from an animal shelter to a rescue group upon the group’s request prior to the euthanasia of the animal. The bill would also require animal shelters to notify any rescue organization of a scheduled euthanasia not less than two business days prior if that rescue organization has requested such notification.
New York Assembly Bill 7155 would require the release of a companion animal from an animal shelter to a rescue group upon the group’s request prior to the euthanasia of the animal. The bill would also require animal shelters to notify any rescue organization of a scheduled euthanasia not less than two business days prior if that rescue organization has requested such notification.
Passed Municipal Updates
Chicago Closes Puppy Mill Loophole to Ban on Sale of Cats and Dogs
The Chicago City Council has closed a loophole in the city’s puppy mill ordinance that allowed phony rescue organizations to “launder” animals bred in puppy mills into pet stores as “rescue” animals. The ordinance now requires that a “pet shop shall not have any ownership or monetary interest in the animals displayed for adoption. The animals may only be transferred to an adopting individual for a nominal adoption fee.” The ordinance also exempts small scale “backyard breeders” who sell directly to the public and possess 5 or fewer female dogs or cats capable of reproduction.
The Chicago City Council has closed a loophole in the city’s puppy mill ordinance that allowed phony rescue organizations to “launder” animals bred in puppy mills into pet stores as “rescue” animals. The ordinance now requires that a “pet shop shall not have any ownership or monetary interest in the animals displayed for adoption. The animals may only be transferred to an adopting individual for a nominal adoption fee.” The ordinance also exempts small scale “backyard breeders” who sell directly to the public and possess 5 or fewer female dogs or cats capable of reproduction.
Case Law Updates
Federal Case Law Updates
Federal Judge Dismisses Lawsuit Seeking Increased Water Flows for Benefit of Endangered Trout
A federal judge has dismissed a lawsuit brought by conservation groups seeking to increase the water releases from the Twitchell dam for the benefit of the Southern California Steelhead trout, finding that species conservation is not one of the purposes Congress included in the dam’s authorization.
A federal judge has dismissed a lawsuit brought by conservation groups seeking to increase the water releases from the Twitchell dam for the benefit of the Southern California Steelhead trout, finding that species conservation is not one of the purposes Congress included in the dam’s authorization.
Agency Updates
National Marine Fisheries Service Solicits Comments on Possibility of Modifying Turtle Excluder Device for Vessels Less than 40 Feet Operating in Southeast Shrimp Fisheries
The National Marine Fisheries Service has announced an advance notice of proposed rulemaking and is soliciting comments on the possibility of expanding the turtle excluder device related requirements for skimmer trawl vessels less than 40 feet in length operating in the southeast U.S. shrimp fisheries. The agency is accepting comments until May 20, 2021.
The National Marine Fisheries Service has announced an advance notice of proposed rulemaking and is soliciting comments on the possibility of expanding the turtle excluder device related requirements for skimmer trawl vessels less than 40 feet in length operating in the southeast U.S. shrimp fisheries. The agency is accepting comments until May 20, 2021.
FWS Designates Critical Habitat for Western Distinct Population Segment of Yellow-Billed Cuckoo
The Fish and Wildlife Service has designated approximately 298,845 acres of critical habitat for the western distinct population segment of the yellow-billed cuckoo under the Endangered Species Act. The designated habitat is located in Arizona, California, Colorado, Idaho, New Mexico, Texas, and Utah. The rule is effective as of May 21, 2021.
The Fish and Wildlife Service has designated approximately 298,845 acres of critical habitat for the western distinct population segment of the yellow-billed cuckoo under the Endangered Species Act. The designated habitat is located in Arizona, California, Colorado, Idaho, New Mexico, Texas, and Utah. The rule is effective as of May 21, 2021.
National Marine Fisheries Service Designates Critical Habitat for Humpback Whales
The National Marine Fisheries Service has designated areas of critical habitat for several distinct population segments of humpback whales under the Endangered Species Act. The designation includes approximately 59,411 square nautical miles of critical habitat for the endangered Western North Pacific distinct population segment, approximately 48,521 square nautical miles of critical habitat for the endangered Central America distinct population segment, and approximately 116,098 square nautical miles of critical habitat for the threatened Mexico distinct population segment. The rule is effective as of May 21, 2021.
The National Marine Fisheries Service has designated areas of critical habitat for several distinct population segments of humpback whales under the Endangered Species Act. The designation includes approximately 59,411 square nautical miles of critical habitat for the endangered Western North Pacific distinct population segment, approximately 48,521 square nautical miles of critical habitat for the endangered Central America distinct population segment, and approximately 116,098 square nautical miles of critical habitat for the threatened Mexico distinct population segment. The rule is effective as of May 21, 2021.
National Marine Fisheries Service Initiates 5-Year Review for Southern Resident Killer Whales
The National Marine Fisheries Service has announced it is initiating a 5-year review of Southern Resident killer whales under the Endangered Species Act to ensure that the listing classification of the species remains accurate. The agency is accepting information to inform its review until June 21, 2021.
The National Marine Fisheries Service has announced it is initiating a 5-year review of Southern Resident killer whales under the Endangered Species Act to ensure that the listing classification of the species remains accurate. The agency is accepting information to inform its review until June 21, 2021.
Academic Updates
Articles
Animal Welfare Interventions to Reduce Meat Consumption
An article forthcoming in Appetite by Maya B. Mathur, Jacob Peacock, David B. Reichling, Janice Nadler, Paul A. Bain, Christopher D. Gardner, and Thomas N. Robinson, “Interventions to Reduce Meat Consumption by Appealing to Animal Welfare: Meta-Analysis and Evidence-Based Recommendations,” provides a meta-analysis of 100 studies assessing interventions designed to reduce meat consumption through depictions of farmed animals.
An article forthcoming in Appetite by Maya B. Mathur, Jacob Peacock, David B. Reichling, Janice Nadler, Paul A. Bain, Christopher D. Gardner, and Thomas N. Robinson, “Interventions to Reduce Meat Consumption by Appealing to Animal Welfare: Meta-Analysis and Evidence-Based Recommendations,” provides a meta-analysis of 100 studies assessing interventions designed to reduce meat consumption through depictions of farmed animals.