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June News

  News of shark sightings and attacks in U.S. underscore need to understand and protect these ocean predators. Recently, the Gulf Coast of Florida made headlines due to tragic shark attacks on beachgoers. According to news reports, not only are these incidents “very rare” but are fueled by the presence of schooling small fish, common this time of year. Sharks play a critical role as “doctors of the ocean” – removing unhealthy or dying members of prey animals and preventing disease spread. Due to this recognition of their importance, the commercial trade in shark fins was prohibited by H.R. 7776 in December of 2022. At least 12 states have enacted their own bans, including California, Delaware, Hawaii, Illinois, Maryland, Massachusetts, New York, Oregon, Rhode Island, Texas, Nevada, Washington.

   Vermont joins growing list of states banning retail sale of dogs and cats in pet stores. Beginning July 1, 2024, the retail sale of dogs, cats, and wolf-hybrids by a pet shop will be banned in the state of Vermont via S. 301 (codified as 20 V.S.A. § 3931). Vermont joins several other states that previously passed such legislation including California, Colorado, Illinois, Maine, Maryland, New York, Oregon and Washington. The laws are aimed at the sale of dogs sourced from “puppy mills,” effectively eliminating what has been called the “pipeline” of dogs from substandard commercial breeding facilities with little oversight to unsuspecting pet buyers. In addition to state laws, hundreds of cities across the country have enacted such bans.

   New Jersey enacts law to end cruel confinement of veal calves and pregnant pigs. On July 26th, New Jersey governor Phil Murphy signed A1970/S1298 into law. The bill prohibits the confinement of breeding pigs and calves raised for veal in a manner that unduly restricts movement or provides inadequate space. Violation of the bill’s prohibitions constitutes a disorderly persons offense and would also be a civil violation of the animal cruelty laws subject to a civil penalty of not less than $250 or more than $1,000. A gestation crate is a metal cage so small that a mother pig is unable to turn around or move freely for virtually her entire life. Veal crates are small, individual cages used to confine newborn calves prior to slaughter preventing almost any natural behavior and social interaction. According to the Animal Legal Defense Fund (ALDF), the bill's enactment reflects a 13-year campaign to lessen animal suffering and protect consumers from zoonotic disease potential linked to extreme confinement of farm animals.

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Latest Cases

Galapagos Sea Cucumbers Case, 2017 - Ecuador This case was filed against the defendant when the defendant, an airline employee, allegedly unknowingly participated in shipping thousands of sea cucumbers in cargo containers. The specific species of sea cucumber were endangered in Ecuador, and the plaintiff claimed that their harvesting and transport were a crime against the environment and a violation of the nation’s efforts to conserve the country’s unique ecosystems. The court discussed factors of which species and specimens are typically included in shipments similar to the one at issue, and Ecuador’s national efforts to protect its environment; especially its endangered species. The defendant was found to have participated in the offense as an accomplice for his part in transporting the sea cucumbers and was punished with serving a fraction of the punishment to be served by the primary offenders.
Decision 09171-2015-0004, Shark fins, 2016 - Ecuador This case concerns defendants who illegally fished for, and captured, vulnerable-classified sharks within Ecuadorian territories using illegal fishing gear and fishing methods. The court discussed the presence and importance of natural reserves, including marine life reserves, and the inherent rights of nature. The court found that the defendants’ fishing was aimed at capturing sharks for profit and confirmed their criminal prison sentences in all respects as described in the lower court.
Proceso No. 15111-2014-0152 Jaguar Killing , 2015 - Ecuador This case regards a defendant who shot and killed a jaguar, which was an endangered species, allegedly in the name of defense and necessity. The plaintiff argued that the defendant did not require defense or true necessity, that he had to prove that he did not kill the jaguar, and that in circumstances of uncertainty, the court should hold in favor of nature (in dubio pro natura). The defendant was not a hunter and was not actively hunting the jaguar. Ecuadorian environmental law states that anyone who “hunts” a legally protected species will be punished with incarceration. The court discussed concepts of Ecuadorian constitutional law, rights of nature, and the juxtaposition of human beings working within the habitats of wild, and potentially predatory, animals. After a detailed discussion, the court accepted the appeal and unanimously agreed to punish the defendant with six months' prison time.

Latest Articles

EXPANSION OF THE FLORIDA ANIMAL ANTI-CRUELTY STATUTE TO BETTER SERVE ANIMALS, Laura Wesolowski, Animal Legal & Historical Center
Revision of the AWA and Removal of Zoos as an Exempt Category, Julia Luttig, Animal Legal & Historical Center
Overview of Legal Challenges to Farm Animal Welfare Laws, Alexis Andrews, Animal Legal & Historical Center
Brief Summary of Legal Challenges to Farm Animal Welfare Laws, Alexis Andrews, Animal Legal & Historical Center
Derechos de los animales en Colombia: una lectura crítica en perspectiva ambiental, Carlos Lozano, Lozano, C. 2022. Animal rights in Colombia: a critical reading in environmental perspective. State Law Magazine. 54 (Nov. 2022), 345–380.