AR 2009: Animal Protection Laws
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We are live-blogging AR 2009. For details about the event, please take a look at arconference.org.
This post is about:
“animal protection laws”
by: will add later
These are Judy’s notes:
First speaker:
not much sleep
framework on global animal rpotection laws
Top: International agreements
overriding umbrella – UN
countries are expected to abide by these agreements
OIE World org of animal health –
CITES – endangered species (one of most important agreements: cannot trade in endangered species or parts all prohibited from being imported in Canada
RAMSAR – protection of wetlands habitat of extraordinary value – both natural and cultural treasures
BONN convention – treatment of migratory species
IETA – transportation of animals
International Whaling Commission – evolved into whale protection
EU has history of animal protection
humarn rights -> animal welfare 1949
Treaty of Rome began to incorporate animals (Goods and agricultural products) – 1951
??missed – civil limits on corporation damages
1990 European X on Animal ? Regulation? – much more advanced than US
1992 Mastrik treaty – research, transportation
1993 European – factory farming end in EU and associated countries
need to look up
“get out clause” unfortunately – allows animal abuse for cultural or religious reasons
National, state
Not every country has anything in constitution for animals
China – getting ban on dog and cat killing and eating
If country does not have animal rights in constitution can be overridden by other constitutional principles like research and artistic expression -
may not be specific – India’s “moral obligation” to protect animals
Primary legislation – acts and bills
general principles
Secondary legislation – specific
bylaws and state laws – most protection laws are at state level
Good, bad, worst
Good: specific agency for animals
Bad: animal issues within other department, particularly agriculture or biotechnology, etc
Worst: no unit at all to protect animals
US federal animal protection statute – 90 sets of laws
airborne hunting act
animal damage control act- sec of agriculture – mtn lions etc
animal enterprise terrorism act – most important to us
Animal welfare act – in US constitution
animal fighting
captive wildlife safety
depiction of animal cruelty
endangered species
fish & wildlife conservation
marine mammal protection
marine protection and century ? – whaling
us should override state but state laws often conflict – must take state laws to court when conflict
hunter harrassment statutes – freedom of speech – every state has one of these
state laws: protect dogs, cats and zoo animals
under guardianship of humans
wildlife no concern because no human interest – economic
need one more amendment to the us constitution – trying to remember
states: misdemeanor, felony
—-
second: Brian – San Diego
met wife in protest, arrested together
crows
enforcement is huge challenge
written into statute – private right of action – easiest
unfair business practices statute – allows any business violating any law – you can sue
illegal to torture any animal in California – used that law
now foi gras banned but of course phased out
sale is banned now
harbor seals – beach – rest, birth, rest – 1931 a citizen built sea wall to protect area
grant for city to use as park
filled with sand now
1972 Marine Mammal Protection Act passed – can’t do anything to marine mammals
populations have been rebounding since then
also illegal to sell products from these animals
beach – swimmer sued city because seals interfering with her ability to swim. Judge agreed with swimmer (2005). Ordered city to remove sand, make swimming beach. City appealed. Appellate court agreed with judge. City filed petition for review of Supreme Court of California. Dismissed decision. New judge, just as bad. Many other issues – environmental quality act, etc. Hired seal chaser. Filed federal lawsuit based on MMPA – doesn’t allow private course of action specifically. Used argument that feds override state order. Dismissed, complications enterered, continuing between city & fed laws
Fed judge decided no jurisdiction, back to state – state hears tomorrow
——–
Third – Christine – animal law office in SF
excited about how got around legal standing issue
a bit of an in-bred discussion
filled in, tried to explain more about the legal meaning of the term “standing”
most laws are enforced by district or federal attorney. private attorneys have to have standing to sue.
have to be creative to find the way in.
hunter harrassment laws: if you have hunting permit- won’t be arrested – can be loud, sloppy hunter
dog fighting – felt helpless when first came across this kind of case. The laws are there but need enforcers
website of animal protection laws
*helping hands for animals bill – drafted – can bring to local gov’t
union square – chickens – throwing in bags, holding up by feet – clear animal cruelty – 597 – get police report first. if police don’t want to write report citizen can file complaint. Keep making complaints. Finally they started writing reports. Then when you have the report number, go to DA and push for prosecution. Argue with DA about law. Finally convincing DA to prosecute. Try going civil route alternatively.
Animal Enterprise Terrorism Act
Other countries work differently. Singapore lawyer working for animals on exhibit. showing leads to human safety and health concerns.
Clean Water Act. factory farming.
questions
marian – Canada – how get foot in door when no law
first speaker: hard to do in Canada. work in US because no work there. more powerful to go outside country and get rest of world to come down hard on your country.
? bay area farmers markets – dogs not allowed in but have live chickens, petting zoos. angle?
last speaker: 597.3 does not include chicken. but it doesn’t have any exemptions. health concerns. wasn’t an issue in 1990 but now it is. micro-campaigns good.
? Dominique: where do file complaint
county clerk – go to website – complaint form (911 or 910) within 6 mos of violation – administrative complaint – if no form, just make one up
proposal for child bow hunt in residential area – using SHARE program through fish & game – pay some residents to be able to hunt on their property – using tax dollars for hunters
Brian – taxpayer standing difficult. needs to be clearly illegal activity. go after CC politically. may be other causes of action like public safety.
Because these posts are simply published notes, please overlook any grammar or spelling mistakes. I hope to clean this all up later when I have more time. Thanks for your patience.
Thanks for taking these notes. I look forward to reading a cleaned up version