Some issues in the debate:American Bison nearly extinct in 1800s – now thriving. Then, bison burgers.
If deer weren’t hunted they would starve. Numerous studies refute this MYTH.
Should wild animals be kept in captivity to entertain or educate humans? What do we learn from keeping wild animals in captivity?
Colonists had to fight off animal predators – 1700s Official hunting seasons were set up in the early 1700s and over the next 100 years we saw the emergence of state fish and game departments, license requirements and hunting restrictions.
Conservationists help wild animals by preserving natural habitat. ◦ Many are hunters. ◦ Ethical battle continues todayConservationists Animal Welfarists
First federal wildlife law ◦ Lacey Act of 1900 (p. 33) Many funded conservation efforts with hunting fees.
…provide strong financial incentives to increase the consumption of wildlife.
Federal Aid in Wildlife Restoration Act (1937)Created a fund raised through taxes on the sale of firearms and materials. To qualify for the money, states must use hunting revenues only for state fish and wildlife programs. So if NY is to receive federal funding under this Act, NY cannot use license fees for any other purpose than administration of En Con’s Fish and Wildlife Division.
Minimum Hunting AgeMinors under the age of 12 may not obtain a hunting license or hunt wildlife.
Under New York State Environmental Conservation Law (section 11-0523), people are not required to obtain a permit to trap on their own property, or on the property someone of else who has given them written permission to trap.Trapping on public lands or other private property requires a wildlife control permit, which is obtained from the Department of Environmental Protection.
State wildlife agencies are in competition with each other for federal funds, and the only way a state can raise the ceiling on its potential federal funding is to increase the number of people it licenses to hunt. ◦ This raises incentives to increase # of animals available to hunt.
USFWS (U.S. Fish and Wildlife Service) Manages◦ Manages Millions of acres in national wildlife refuges and wetlands Migratory bird conservation National fish hatcheries, resource & field offices Enforces many federal wildlife laws
USFWS works with U.S. Customs & BorderProtection and the USDA to monitor shipments of protected plants and animals.
Wildlife Services of the USDA ◦ Controls wildlife that can damage agriculture, property, natural resources and threaten public safety
(1) Protecting human interests(2) Preserving endangered species
Rabies West Nile virus Lyme disease Bovine tuberculosis Chlamydiosis (respiratory disease in tropical birds) Histoplasmosis (lung disease) Salmonellosis (intestinal illness)
CDC reports 7,258 cases of animal rabies in U.S. ◦ Wild animals 93% of this figure
Table 3.2Wildlife problems reported by each state - 2001
Relocation Poisons Sharpshooters Contraceptives Repellents ◦ Example North Carolina and Canadian Geese ◦ Techniques recommended by Wildlife Service of USDA In choosing a control technique, WS specialists consider the biological and legal status of the target species and potential nontarget species, local environmental conditions and possible environmental impacts, and the practicality of available control options.
The Wild Free-Roaming Horse and Burro Act of 1971 (Public Law 92-195) required the protection, management, and control of wild free-roaming horses and burros on public land. Congress declared that wild free-roaming horses and burros are living symbols of the historic and pioneer spirit of the west; they contribute to the diversity of life forms within the Nation and enrich the lives of the American people; and these horses and burros are fast disappearing from the American scene. It is the policy of Congress that wild free-roaming horses and burros shall be protected from capture, branding, harassment, or death; and to accomplish this they are to be considered in the area where they are presently found, as an integral part of the natural system of the public lands.
This law states; The Secretary of the Interior shall manage wild free-roaming horses and burros in a manner that is designed to achieve and maintain a thriving natural ecological balance on public lands. It also states, if an over population exists on a given area of the public lands and action is necessary to remove excess animals, he shall immediately remove excess animals from the range so as to achieve appropriate management levels. … all excess animals … removed so as to restore a thriving natural ecological balance to the range, and to protect the range from the deterioration associated with over-population.
The Wild Free-Roaming Horse and Burro Act of 1971 Since the passage of the act to 2007 approx. 235,00 wild horses and burros have been adopted to private individuals. Even with this high number of adoptions, it has been decided that public lands can only sustain 28,849 wild horses and burros in total. At the end of 2003 the wild horse and burro population on the open range was 37,186.
For the year 2005, the Bureau of Land Managements annual budget for the Wild Horse and Burro Program was approximately $40 million dollars. Half of this money was allocated for the care and feeding of the animals in captivity.Save the Mustangs video
Managed by the Bureau of Land Management (BLM) Table 3.4 Fact Sheet
2004 – Omnibus Appropriations Bill Applied to wild horses and burros over ten years old Not likely adoption candidates Could be sold at auctions without limitation i.e., slaughter
―Wild Horses Sold by U.S. Agency Sent to Slaughter‖ Bought back 52 of the horses Save the Mustangs
Penalties There are different degrees of violation with the law. The most punishable offenses are trafficking, and any act of knowingly "taking" (which includes harming, wounding, or killing) an endangered species. The penalties for these violations can be a maximum fine of up to $50,000 or imprisonment for one year, or both, and civil penalties of up to $25,000 per violation, may be assessed. Lists of violations and exact fines are available through the National Oceanic and Atmospheric Administration web-site. One provision of this law is that no penalty may be imposed if, by a preponderance of the evidence that the act was in self defense. The law also eliminates criminal penalties for accidentally killing listed species during farming and ranching activities. In addition to fines or imprisonment, a license, permit, or other agreement issued by a Federal Agency that authorized an individual to import or export fish, wildlife, or plants may be revoked, suspended or modified. Any federal hunting or fishing permits that were issued to a person who violates the ESA can be canceled or suspended for up to a year.
1967 – gray and red wolves endangered 1990s – reintroduced to western U.S. – moved from Canada 2000 – population recovered Lawsuit
Convention on International Trade in Endangered Species (CITES)The CITES appendices list thousands of animals from all over the world for which trade is prohibited. Of major concern: Asian and African elephants and primates.
EndangeredValued for hides, bones, & penises in Asia. Federal law allows the possession of captive-bred tigers, but only if this enhances the survival of the species. It is illegal to kill tigers for profit or sell their parts, meat or hide in interstate commerce. It is not illegal to donate the animals. GUILTY PLEA
With a rough estimate of 5,000 tigers in captivity, the United States likely ranks second behind China as the country with the single largest tiger population. Although the United States has no large scale, commercial captive breeding operations, all of the tigers in the U.S. are held in captivity. Unfortunately, U.S. laws and regulations governing the keeping of these tigers are not adequate to foreclose the possibility that parts or derivatives from these animals could enter illegal trade.
At the state level, laws and regulations governing the keeping of tigers in private possession vary widely: • 28 states have laws banning the possession of tigers in private collections; • 17 states allow for the keeping of tigers by individuals but require a state permit or registration (Iowa, Oregon, and Washington have recently instituted bans on private possession of tigers, but also have systems in place to regulate the tigers that were grandfathered in prior to enactment of those bans.); and • 8 states have no laws on the subject.
The United States has a strong legal framework at the federal level governing international trade in tigers or their parts through the Endangered Species Act, the Lacey Act, and the Criminal Code. The Rhino and Tiger Conservation Act, as amended in 1998,further prohibits any domestic sale of tiger parts, as well as the sale of any products labeled or advertised to contain tiger parts.
Through the Animal Welfare Act, the Captive Wildlife Safety Act, and the U.S. Fish and Wildlife Service (USFWS) registration and permit system for captive-bred wildlife, the United States also has a federal legal framework governing the interstate movement of captive tigers; rules for the sale, trade, or exhibition of live tigers; and conditions for their confinement.
All of these laws and regulations, however, have exceptions or exemptions that mean, in practical terms, that the majority of private owners of tigers in the United States need only to keep records of tigers held. While such records must be made available upon request, federal agencies charged with implementing these laws and regulations do not have a mandate to maintain a current inventory of how many tigers may be in the country, where they are, who possesses them, when they die, or how they are disposed of.
Federal law allows hunting and fishing onnational wildlife refuges if it is determined that protected wildlife will not be jeopardized.
Trapping is used as a control method on federal lands. Non-targeted species such as dogs and cats, rabbits, river otters, geese, ducks, hawks, owls, eagles, bears are captured in these body-gripping traps at – refuges.
Canned Hunts Captive hunts, also known as ―canned hunts,‖ are the very opposite of fairchase. Shooters at captive hunts pay to kill animals—even endangered species— trapped behind fences.
New York - Canned hunts of mammals are legal except that "big game non-native animals" cannot be tied, hobbled, staked or attached to a stationary object or "confined in a box, pen, cage or similar container of 10 or less contiguous acres from which there is no means for such mammal to escape". The animal also cannot be released in front of the person who will be shooting or spearing it. N.Y. Envt. Con. Laws Â§11-1904(1)(A)(1)-(3).
New York A bill that would have banned canned hunts in New York was passed by the state legislature but was vetoed by then Gov. George Pataki in 2003. Several subsequent attempts to ban canned hunts in New York have also failed including a bill this past session, Assembly Bill 6788 This bill would have amended the current law and make it illegal to hunt big game non-native animals that are "in a fenced or other area" from where there is no means of escape. It would eliminate canned hunts of big game non-native mammals in New York state.
Illegal in NYStarted in Texas http://live-shot.com/
HSUS Undercover Investigation Dog and Cat Fur Protection Act of 2000
The facts on fur labeling Congress enacted the Fur Products Labeling Act in 1951 in response to rampant false advertising and false labeling of animal fur garments. The Fur Products Labeling Act requires that animal fur products be labeled with the name of the species used, the manufacturer, country of origin, and other information and prohibits the sale and advertising of fur products that have been falsely or deceptively advertised. Violations of the Fur Products Labeling Act carry up to a $5,000 fine and up to a year in prison. The Federal Trade Commission is tasked with enforcing the Fur Products Labeling Act and protecting consumers from deception.
Truth in Fur Labeling Act 2010- Congress passed and President Obama signed the Truth in Fur Labeling Act to strengthen theFur Products Labeling Act and close a loophole that previously allowed some fur trimmed garments to be sold without labels (IF VALUED AT $150 OR LESS). The new law will help prevent false advertising by requiring retailers to affix clear labels to the garments themselves.
November 2011HSUS Files False Advertising Suit Against Retailers for Deceptive Labeling Practices