Cutbacks to Manatee protection proposed

Faced with orders to cut 4 to 10 percent off its budget for the upcoming legislative session, the Florida Fish and Wildlife Conservation Commission is proposing cuts that could impact manatee protection around the state. This story in the St. Pete Times notes that one of the potential cuts is to the Lowry Park Zoo's manatee rehabilitation center, which has treated nearly 200 manatees since 1991 for trauma such as boat and propeller hits, red tide poisoning, and cold stress. Additionally, FWC has proposed cutting 90 law enforcement positions even though a study from last year said the division was severely understaffed.

"The loss of these positions would be detrimental to the mission of the Fish and Wildlife Conservation Commission," the commission staff noted in recommending the cutbacks. "The reduction would result in reduced high-visibility patrols in manatee areas...and popular boating and fishing areas.''

Conviction Upheld in Rare Bird Import Case

Law.com has a report on a recent Second Circuit opinion involving a conviction and sentence under the Wild Bird Conservation Act. The story notes that it may be the first criminal prosecution under the Act. The birds at issue in the case were black sparrowhawks that the defendant was attempting to import into the country. The full text of the opinion is available here.

West Palm Beach adopts resolution opposing battery cages

The West Palm Beach City Commission, as reported here, voted in favor of a resolution opposing the use of battery cages for egg-laying chickens. West Palm Beach joins two other Florida cities, Winter Springs and New Port Richey, who have passed similar resolutions. The story contains this quote from Commissioner Kimberly Mitchell:

Animal cruelty has no place in our society, and I'm proud that West Palm Beach has joined the growing number of cities opposing battery cage confinement in the egg industry. Keeping animals in restrictive cages so small they can hardly move is inhumane.

More info is available here from the Humane Society of the United States.

One in Seven Imported Animal Species Pose a Potential Risk to United States

In an earlier post, I'd noted Florida's implementation of new more stringent laws regarding keeping exotic species. Apparently, the new law's not a moment too soon. A report out this month from Defenders of Wildlife has found that nearly one in seven non-native animal species that are legally imported into the United States pose a potential a risk to native wildlife, human health or domestic animals. Moreover, some species could pose multiple risks.

Several animals that have been introduced to Florida are mentioned as bringing along the problems associated with invasive species, including macaques, suckermouth catfish, and the great green tree frog. The report also identifies the threat posed to the Everglades by invasive Burmese Pythons. , now thought to number more than 1000. The full 56 page report is well worth the read and is available here as a pdf. An accompanying press release is also available here.

Dogfighting "out of control" in South Florida

According to this story in the Sun-Sentinel, Florida's Animal Fighting Act has a way to go before the problems associated with South Florida dogfighting are under control. Nine people have been prosecuted by the Broward State Attorney's Office since the 2003 strengthening of the law, but the prosecutions pale in comparison to the number of dogs that are discovered with fighting injuries. The managing director of the Animal Rights Foundation of Florida is quoted as saying "Unfortunately, dog fighting is still happening in large numbers in South Florida, perhaps even larger numbers than before the new law was passed . . . This is a real priority."

"Hog-Dog" Rodeos - Illegal in Florida

They're called "Hog-Dog Rodeos" but according to this report they're nothing short of disturbing and barbaric. A live pig is released into a confined area and then dogs are allowed to rip flesh from the pig while spectators wager on how long it will take the dogs to take the pig down. The story features a quote from Barbara Snow of the Pinellas County Humane Society (featured previously on this blog here) encouraging the aggressive prosecution of these types of criminal acts of animal cruelty. Florida's Animal Fighting Act makes these types of crimes a felony punishable by up to 5 years in prison and a $5000 fine.

Rare Black Bob Cat Found

WPTV has this story on the capture of a rare black bobcat, which may explain earlier reports of black panthers. After killing a pet turkey, the bobcat was captured and taken to the Busch Wildife Sanctuary. Deron Hartman with the sanctuary notes that less than a dozen black bobcats have been recorded. After DNA testing and documentation, the sanctuary plans to return the black Bobcat to the wild.

Vick Plea Agreement and more...

The people over at Critter News have a post that rounds up links to some of the more recent filings in the Vick case, including a copy of the 12-page plea agreement. Given my recent post about how most seized pit bulls end up being euthanized, I was wondering about the costs associated with housing and caring for the 54 dogs in this case. Page 9 of the agreement notes that Vick agrees to reimburse the government for the costs of caring for the animals under 7 U.S.C. sect. 2165(f).

Local animal ordinances

Eventually, I hope to create links to most, if not all, of the local ordinances and laws around Florida that deal with animals. In the interim, a good source for finding out more is www.municode.com.

Florida Animal News Round up

• Dead greyhounds found at Daytona Beach Kennel. (Orlando Sentinel)
• Scientists create prosthesis for dolphin with no tail. (St. Pete Times)
  
• Blind Horse can see after laser surgery. (Orlando Sentinel)
• Drought may cause more alligators to be on the prowl. (Miami Herald)
  
• Sadie the pit bull fights the stereotype. (Bradenton Herald)
• 9 foot python, 6 foot boa constrictor captured in Ft. Myers. (Ft. Myers News Press)
• Neglected cat recuperating at Flagler Humane Society. (WESH)
  

The fate of fighting dogs

Aside from one early post, I've been largely silent on the whole Michael Vick dogfighting debacle. For the most part, it's because I have nothing to add to the ubiquitous coverage of the story. I would say that although its sprung from a situation that is both horrific and shameful, I am glad to see the issues surrounding dogfighting enter public consciousness and be taken seriously.

Along those lines, for awhile today CNN's lead story was about the grim fate of pit bulls used in fighting. Even when dogfighting rings are discovered and the dogs are confiscated, they often end up needing to be euthanized. The caption for the above picture also notes that of the 1.4 million dogs euthanized at shelters last year, roughly half were pit bull types.

"Those dogs have been bred for aggression. You can breed for certain physical traits, but you can also breed for behavioral characteristics," said Wayne Pacelle, president of the Humane Society of the United States.

Despite legal advances, animal abuse continues

The executive director of the Humane Society of Pinellas County had an excellent guest column in the St. Pete Times yesterday. It covered some of the societal advances in animal welfare and protection, and the changes that are still needed. Here's a quick blurb, but I highly recommend the entire column:

And for us at the Humane Society of Pinellas, every day we see pets turned over to us because they have become an inconvenience to their owners. We often hear the disturbing words, "I have to get rid of..." or "I have no time for..." when describing their situation with a pet they have owned a long time.

This lets us know how important it is for the Humane Society of Pinellas to be here for all these animals as their voice and advocate.

While state law still finds acts of cruelty against animals to be a lesser evil than those against humans, it is important for us to know and understand that the violence against them is the same. While a human being may have infinitely more value in society, there is no difference in the pain and suffering of each.

Until we interpret our biblical dominion over animals as stewardship rather than utility, we may never be truly civilized. With the compassion and action of caring people, we can achieve this for animals in our lifetime.

Animal Shelter sues Attorney for allegedly diverting portions for widow's estate

Law.com reports on a recent lawsuit by a no-kill animal shelter in Pittsburgh against a lawyer alleging that he illegally reduced its portion of a wealthy widow's multimillion-dollar estate. The widow, who died last May in Naples, Florida, left an estate of approximately $13 million, with instructions that portions were slated to go to a number of charities, including Animal Friends, Inc.

Prison sentence for animal cruelty

The High Springs Herald reports on a case of animal neglect that resulted in a prison sentence of one year and one day. The case involved four dogs that were neglected and exposed to deplorable conditions. The prosecutor in the case, Geoffrey Fleck, hopes the case will send a message to people to take better care of their animals. "I respect the sanctity of life in any form it takes," Fleck said. "And especially helpless animals that depend on us."

Capuchin Monkey unlocks cage and escapes

The New York Times reports that Oliver the Capuchin monkey escaped from his cage by picking the locks. This was after he'd escaped previously and $300 were spent on new locks. Oliver's keeper speculates that because Capuchins are good at watching and repeating what they see, Oliver may have had a small piece of wire hidden in his cage that he used in the breakout. Just so long as he doesn't start carrying a shiv...

News Roundup...

At one month, I'm happy to report that readership and e-mails continue to grow. In what hopefully will become a regular occurrence, here's the first weekly roundup of animal related items from around the state. Most, if not all, have an animal law angle that will be addressed at some point, even if it isn't in connection with these specific stories. As always, feel free to submit items of interest at the contact e-mail:

• Collar cuts deep - Tethered dogs' collars can damage neck.
• Greyhound racing ends at Tampa track.
  
• Pit bull pup receives risky blood transfusion.
• Family Says Flea Market Merchants Sold Sick Puppy Illegally.
• Shark bites college student.
• Wild coyote rescued from bridge.
• Crocodile kills family pet.
• Capybara dies at zoo after apparently being attacked by adult hippopatomus.
• Killer dog in custody of county.
  

Florida's New Animal Trust Laws

On July 1st, Florida's new pet trust provisions went into effect. Floridians that want to make sure that their pets are protected and provided for should consider making a pet trust part of their estate plan.

The new provision states:

736.0408 Trust for care of an animal.--

(1) A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates on the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, on the death of the last surviving animal.

(2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.

(3) Property of a trust authorized by this section may be applied only to the intended use of the property, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise as part of the settlor's estate.

Tampa dog on death row

According to this story, Kane the pit bull is still in Animal Control custody despite two orders requiring Kane's release to his owner. In addition to the facts, the story contains the following bit of procedural history and a quote from the judge:

[A]t a hearing to get permission to put the dog down, Animal Control lost and the hearing officer signed an order, saying the dog needed to be released to his owners.

Animal Control refused.

"I did not ignore anything," McCullough says. "I followed the advice of our counsel ... our counsel advised us to not return the dog."

That did not please the judge.

"All I'm hearing is, 'Court order? We're not following it.' That's all I'm hearing," Judge Nazaretian said in court.

More anti-chaining resources

As posted previously, 2007 is shaping up to be a banner year for the anti-chaining movement. A recent reader's e-mail led to these additional resources on anti-chaining laws. For starters, the Humane Society of the United States has a good rundown on The Facts about Chaining, which notes the dangers that chaining poses to dogs, people, and other animals.

At www.unchainyourdog.org there are a number of links, including materials on various laws and ordinances around the country, and a guide for how to go about proposing an anti-chaining law that includes everything from handouts to powerpoint presentations.

Similarly, www.dogsdeservebetter.org contains a number of resources and includes reports on the event Chain Off 2007: Unchain the 50, which is the source of the logo is pictured above.

Additionally, kudos to Okaloosa, Florida, that has apparently adopted this ordinance:

Sec. 5-28. Restraint and confinement to property. (d) Dogs or cats shall not be chained, tied, fastened or otherwise tethered to dog houses, trees, fences or other stationary objects as a means of confinement to property.

Endangered Species Act needs improvement

The AP reports that the American bald eagle, the Yellowstone grizzly bear and the Great Lakes gray wolves have each been removed from the endangered species list in the past year. This marks the largest number of animals removed from the list in a single year since the Endangered Species Act (ESA) was passed in 1973.

Nevertheless, scientists, activists, and government officials all agree that the ESA is not doing enough. In three decades, only 14 species have been removed from the list and there are currently about 1,300 species protected under the ESA.

The AP story also reports some interesting statistics on the past four administrations. Over the past 6 1/2 years, the Bush administration has only added 84 new species to a protected status under the ESA, according to the U.S. Fish and Wildlife Service, compared to more than 500 during the Clinton administration 's eight years in office, 230 during the first President Bush's four years, and more than 270 during President Reagan's eight years.

(Source: AP article at the Ocala Star Banner, and the Lakeland Ledger)

Florida's Pet Lemon Law

Floridians who purchase pets should be aware of section 828.29, Florida Statutes, aka Florida's Pet Lemon law. Among its provisions are requirements that dogs and cats offered for sale must be tested for and vaccinated against certain diseases and parasites by a veterinarian. Additionally, the pets must be accompanied by a certificate showing that such tests and vaccinations were done. As long as the newly purchased pet is examined by a veterinarian within the appropriate statutory time frame, a consumer may have the right to return or exchange the animal, or keep the animal and receive reimbursement for veterinary services. Moreover, consumers who feel they've been wronged by a pet dealer should fill out and submit a complaint form (Word doc) to the Florida Department of Agriculture & Consumer Services' Division of Animal Industry.

Unfortunately, a bill designed to strengthen the law in this year's legislative session fell short, but hopefully it will show up again next year.

More available here and here.

Animal sanctuary faces foul-mouthed bird

According to this story via the AP/Miami Herald, Peaches, the Moluccan cockatoo, has a habit of learning and repeating the worst she hears. The choice quotes in the story include "Go away, shut up, shut your blankety-blank mouth." Note - the Moluccan cockatoo pictured isn't Peaches... I don't want to besmirch that bird's reputation.

Animal Hoarding Research Consortium

In an attempt to make more information available, I'm continuing to add multiple links to various animal organizations, laws, government agencies, etc. Tips are more than welcome, and most of the time they'll silently appear.

However, one recent addition deserves special mention, because it deals with animal hoarding, which is an issue that isn't yet well understood, is difficult to resolve given current approaches, and has recidivism rates approaching 100%. The Tufts University Hoarding of Animals Research Consortium provides ample information on the issue and aims toward providing strategies for improving the outcomes for both hoarders and their animal victims. Check out the new downloadable report entitled ANIMAL HOARDING: Structuring Interdisciplinary Responses to Help People, Animals, and Communities at Risk.

Injunction declined in Horse Meat Case

The seminal appellate law blog How Appealing has this post on a case involving the only remaining plant in the United States that is slaughtering horses for human consumption. The Illinois Horse Meat Act made it unlawful for any person to slaughter a horse for human consumption, and the plant sued. The district court rejected the plant's challenge, but on appeal, the Seventh Circuit issued an opinion yesterday staying the enforcement of the Horse Meat Act pending the appeal. The decision is available here.

Lawsuit challenging pet-friendly store policy fails

As reported over at Law.com, a New York court has ruled that a pet store cannot be faulted for its policy allowing customers to bring their pets to the store. The suit was brought against the store and a customer whose dog bit a 5-year old girl. The judge granted summary judgment in favor of both defendants, noting at one point in the order that the store's policy to allow pets was an industry-wide standard designed for the befit of the store's patrons.
The four-page order is available here.

For the Practitioner: Animal Law Pleadings, Briefs & Jury Charges

It's always beneficial to see how other lawyers have tackled an issue, so it's good to see that Michigan State University's Animal Legal & Historical Center has a collection of a number of legal documents, including pleadings and briefs, from a variety of animal law cases.

There's also a helpful alphabetical index of topics here and at least a couple Florida cases are included in the lot: Putnam Humane Society vs. Duso, involving neglect, and Rodriguez-Porras v. Miami-Dade Animal Services, a pet damages case.

Piping plovers & goliath groupers on the mend

Here's a set of stories demonstrating the effectiveness of federal and state wildlife protection laws. The first story, in the News-Press, documents the comeback of the Atlantic piping plover.

After dropping to 722 mating pairs in 1985, the plover was declared a threatened species. Two decades later, the plover population has increased 141 percent thanks largely to beach closures and buffers between birds and humans.

The second story, from the Tallahassee Democrat, describes the increases in the number of critically endangered Goliath grouper, which almost disappeared during the 1980s, and has been protected from fishing since 1990 in Florida waters. Adult fish can grow to the size of a small car. Because of recent increases in the number of Goliath groupers counted, some fisherman have asked the state to allow fishing again. However, a spokesperson for the Florida Fish and Wildlife Conservation Commission is quoted as "People should not expect that the Goliath grouper will be open to harvest soon, if ever." Moreover, the story contains several quotes from Christopher Koenig, a research biologist at Florida State University's Coastal and Marine Laboratory in St. Teresa:

"This fish is on the brink ... You deal with endangered species differently. You deal with them in a way that ensures their survival ... Their populations are declining and have declined to the point of near-extinction throughout all their range. Except Florida, where we have a success story. ... There's already a lot of poaching going on and this kind of opens the door to more of it."

Editorial labels proposed animal ordinance "wrongheaded"

In an editorial titled "Proposed animal law is just wrongheaded" the St. Pete Times critiques a proposed rewrite to New Port Richey's animal control ordinance, available here. Among the more controversial provisions originally included, according to the Times, are a proposal prohibiting residents from feeding stray dogs, cats and wild animals including ducks. The ordinance also contained language limiting households to three pets.

Florida Animal Lawyer Profile: Jennifer Dietz

Yesterday, the St. Pete Times ran a great profile of Jennifer Dietz, one of Florida's premier animal law attorneys and president of the animal law committee (Also, the lawyer behind the recent legal victory for Zeus). Here's a quick snip, but I highly recommend the whole article:

In an interview at her temporary home-office this week, surrounded by pets including a mutt named George, Dietz told her story. A University of Florida law school alum who would love to run the U.S. Humane Society, she is outraged by the dog-fighting allegations against Atlanta Falcons quarterback Michael Vick, sickened by the treatment of greyhound-race dogs, and sorry she can't beat "with a stick" the trainer who killed an Orlando horse.

In an ideal world, Dietz says, divorce courts would award custody based on a pet's best interests, negligent veterinarians would have to pay for inflicting emotional distress, and state legislatures would assign animals a legal status somewhere between "property" and "human."

Chimp custody dispute

If you can get past the headline, this article is worth a look. It describes the custody battle involving the fate of Emma and Jackson, two chimpanzees. According to the story, the organizations at issue are Primarily Primates Inc., in Texas, and Chimps, Inc, out of Oregon. In addition to a sniplet from animal law guru Bruce Wagman, the story includes this notable, quotable passage from David Favre, the same Michigan State law professor mentioned in the last post:

Animal welfare is a relatively new legal argument, one that doesn't yet trump claims of ownership, says Michigan State law professor and animal-rights expert David Favre. But the two arguments may not be mutually exclusive—animals can remain property and still acquire rights. "Some judges are not finding it incongruous to acknowledge that animals are part of the 'prop world,' but because they're such unique, living property, they also ought to look at the best interests of the animals," Favre says. So where ownership is at all vague or questionable, emerging concern for animal rights may tip the scale.

Florida's Service Animal Laws

Here's a couple of key provisions from Chapter 413, Florida Statutes, governing the rights of individuals with disabilities to use service animals in Florida:

Rights of an individual with a disability; use of a service animal; discrimination in public employment or housing accommodations; penalties.

Interference with or injury to a service animal; penalties; restitution

Protecting People and Their Pets

Almost a year old, but new to me, was this episode of NPR's Justice Talking program on protecting pets. Always interesting, this particular program features segments from law professor David Favre from Michigan State University's College of law, and many other venerable guests. It's available for download as an mp3 as well.

MORE: I may have sold the episode of JT (which is always worth listening to no matter what the topic) a little short by mentioning that it was from a year ago. There's a great debate between Laura Brown from PETA and Ledy VanKavage from the ASPCA on the merits of breed bans. Given the glut of dog fighting stories to hit the news as of late, the debate about the effectiveness of breed bans is still very timely. Also, there's an interview with Geordie Duckler who heads The Animal Law Practice, a private law practice in Portland, Oregon. JT mentions that it's "one of handful" of animal law boutique firms around the country.

Tallahassee man charge with multiple counts of animal cruelty

According to the Tallahassee Democrat, the seizure of thirty-two malnourished pit bull mixes on Monday is straining the resources of the Tallahassee-Leon Community Animal Service Center. "It was the worst animal-cruelty case in about a year, said Jeff Doyle, supervisor of Animal Control for the city." The suspect was arrested on 31 counts of baiting or fighting an animal, 27 counts of depriving or mutilating an animal, and four drug-related charges. An earlier version of the story available here.