Animal Law News
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Vol. 1 Issue 1 Spring 2016 Published by the Ohio State Bar Association Animal Law Committee Animal Law News An elephant’s journey: How the laws and regulations affecting zoos have evolved leading to the modern zoo If we look back 60 years, which is the average lifespan of an African Elephant, we can witness the significant changes which have occurred in the approach to animal welfare at zoos. There are numerous regulations with which zoos must comply; however, more importantly, rigorous industry accreditation standards have been birthed, driving many zoos in a “race to the top” for excellence in animal care. Our country’s first approach to regulating zoos focused on the control of disease. From the late 1800s to the early 1900s, the Animal Quarantine Laws1 and the Lacey Act2 empowered the president and the Department of the Interior, respectively, to regulate the importation of animals that would threaten domestic animals or humans from disease or other harmful effects. Continued on page 2. INSIDE Message from the Chair ..........................................................4 OSU Moritz College of Law Student Animal Legal Defense Fund (SALDF) update ............................................................4 Ohio legislative update ...........................................................5 Recent news: Animals and the law ...................................... 9 Law, rock and motorcycles ................................................. 10 Resources for animal laws and issues ................................. 11 Animal Law News Continuing to see animals as pathogen enforces the AWA, processes licenses and in 1975 and regulates the international hosts, Congress authorized the Centers maintains required reports. However, the import and export of species threatened for Disease Control and Prevention AWA does not cover all animals. by trade. CITES works to protect animal (CDC) to issue regulations pursuant exploitation through international trade to the Public Health Services Act of The AWA defines “Animal” as “a live regulations and implements a licensing 1944,3 again, to control the importation or dead dog, cat, nonhuman primate process based on the classification of of animals and animal products in mammal, guinea pig, hamster, rabbit, animals and plants into three separate the United States that were capable of or such other warm-blooded animal as Appendices. CITES currently lists 5,310 causing human disease. the Secretary may determine is being animal species and 181 international used, or is intended for use, for research, parties as participants in CITES. At this juncture in our history, around testing experimentation, or exhibition Moreover, on an international level, the the 1940s, an elephant that was captured purposes or as a pet.”5 Reptiles, certain International Air Transport Association on safari in east Africa would have been animals used for research (birds, rats and (IATA) created the Live Animal permitted access to the United States mice) or farm animals used for food, Regulations (LAR) that set the global as long as the elephant was disease-free fiber or other agricultural purposes standards for transporting animals by air. and subjected to an extended quarantine. are not protected by the AWA.6 On The captured elephant would have been the state level, legislative efforts also More recently, many zoos have housed alone behind bars (for safety) in moved toward protection of animals transformed operations, facilities and an austere, easy-to-clean and limited- through the passage of various measures animal care management practices sized cement facility with processed prohibiting the cruel treatment of to not only meet these domestic and biscuits for food. These conditions, animals. For example, in Ohio, O.R.C. international requirements, but also raise and other areas of concern for animals, §959.13 is the pertinent cruelty statute for zoo industry standards. The Association moved individuals to advocate for zoos. of Zoos and Aquariums (AZA) is legislation to address the welfare of the premier industry professional animals. Legislation was also passed to address organization and is working to establish the taking or movement of animals higher standards elevating animal welfare In 1966, Congress passed the Animal and to address eroding animal habitats. above what the zoo industry now refers Welfare Act4 (AWA), which served as a Specifically, the Marine Mammal to as the AWA’s “minimal requirements” revolutionary approach to address the Protection Act of 19727 prohibits the through the accreditation process. care and needs of animals. Specifically, taking of marine mammals, and enacts Since all five Ohio zoos belong to the the AWA promulgated standards a halt on the import, export and sale of AZA and all were just recently awarded to “govern the humane handling, marine mammal parts and products. the Quarter Century Award for being care, treatment, and transportation The Endangered Species Act of 19738 continuously accredited for 25 years or of animals” including “minimum provides a means to protect endangered more,9 a deeper understanding of the requirements for handling, housing, and threatened species and to conserve AZA’s requirements sheds light on what feeding, watering, sanitation, shelter the ecosystems upon which these species is happening at Ohio zoos and at AZA- from extremes of weather and depend. The taking and movement accredited zoos around the country. temperatures, adequate veterinary care,” of animals was also addressed on an and for a “physical environment adequate international level. Specifically, as part of the AZA’s to protect the psychological well-being of mandatory accreditation process, AZA primates.” The Animal and Plant Health The Convention on International Trade member organizations meet increasingly Inspection Service (APHIS), a branch in Endangered Species of Wild Fauna rigorous professional standards for of the U.S. Department of Agriculture, and Flora (CITES) became effective animal welfare, veterinary care, wildlife 2 Animal Law News Photo credits: www.clevelandmetroparks.com conservation, scientific research, of Professional Ethics which serves as on animal welfare, the modern zoo education, expert staffing and safety. In the basis for all disciplinary actions of has taken this focus to a higher level addition to increasing animal welfare the AZA and explicitly recognizes that by advancing industry standards in standards through the accreditation the zoological profession is based on the animal welfare, veterinary care, wildlife process, AZA member organizations “respect for the dignity of the animals” in their conservation, scientific research, create Animal Care Manuals (ACMs), care, the people they serve and for each education, expert staffing and safety. which provide the most recent animal other.10 Therein lies the core value for the care and management knowledge cultural change which is transforming Check it out for yourself at your nearest derived from the work of recognized zoos. Ohio AZA-accredited zoo. You will be species experts, biologists, veterinarians, amazed by what you learn and see! nutritionists, reproduction physiologists, During the lifespan of an African behaviorists and researchers. These Elephant, AZA-accredited zoos have By Rosalina M. Fini, JD ACMs are considered a continual work gone through transformations which Chief Legal & Ethics Officer , Cleveland in progress, since practices continue to are readily visible. Today, the emphasis Metroparks. Cleveland Metoparks Zoo is evolve through advances in scientific of elephant management has moved operated by Cleveland Metroparks. knowledge. toward large naturalistic habitats that Endnotes replicate natural social groupings. In the 1 21 U.S.C. §101 [1890] Twenty years ago, the AZA established African Elephant Crossing at Cleveland 2 16 U.S.C. §§3371 – 3378 [1900, 1981 amendments] the Species Survival Plan Program™ Metroparks Zoo, Willey, Shenga, Moshi 3 42 U.S.C. Chapter 6A (SSP), which is a long-term plan and Martika live and roam together in 4 7 U.S.C. §§2131 – 2159 [1944] involving conservation breeding, habitat the new habitat which is modeled after 5 7 U.S.C. §2132(g) preservation, public education, field African savannahs. Outside the exhibit, 6 Id. conservation and supportive research to graphics tell the story of the Cleveland 7 16 U.S.C. §§1361 – 1421h [1972] ensure survival for many of the planet’s Metroparks Zoo’s conservation 8 16 U.S.C. §1531 [1973] threatened and endangered species. AZA programs and education programs focus 9 Association of Zoos and Aquariums (AZA) Annual member organizations currently are on providing science education for local Conference, September 2015, Salt Lake City, Utah. involved in 319 SSPs working on behalf schools and casual visitors. While the 10 AZA website (available at www.aza.org) of 590 species. Moreover, since 1976, the numerous domestic and international AZA has operated according to a Code regulations began the important focus 3 Animal Law News Student Animal Legal Defense Fund at The Ohio State University Moritz College of Law The Student Animal Legal Defense Fund Contact Information: at The Ohio State University Moritz President, Claire Almendinger College of Law is back on its feet this [email protected] year after several years of inactivity. Last semester, SALDF at OSU hosted Vice President, Tessa Kelbley animal law attorney Sandra Horvath. This kelbley.11@ osu.edu semester we hosted animal law attorney Treasurer, Julie Sanders John Bell