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Brief Summaries of Federal Animal Protection Statutes by Henry Cohen, Legislative Attorney (.pdf file - 453.12 KB)

Statute by Category Citation Summary
US - Agriculture - Animal Damage Control Act   7 USC 426 - 426d  

Animal Damage Control Act of March 2, 1931, (46 Stat. 1468) provided broad authority for investigation, demonstrations and control of mammalian predators, rodents and birds.  Public Law 99-19, approved December 19, 1985, (99 Stat 1185) transferred administration of the Act from the Secretary of the Interior to the Secretary of Agriculture.  Pub. L. 102-190(Div. A, title III, Sec. 348, Dec. 5, 1991, 105 Stat. 1348) and P.L. 102-237 (Title X, Sec. 1013(d), 105 Stat. 1901, Dec. 13, 1991) added provisions directing the Secretaries of Defense and Agriculture, respectively, to take actions to prevent the introduction of brown tree snakes into other areas of the U.S. from Guam.

 
US - Apes - Great Apes Conservation Act of 2000   16 USC 6301-6305   The law assists in the conservation of great apes by supporting and providing financial resources for the conservation programs of countries within the range of great apes. Under the law, Great apes include the chimpanzee, gorilla, bonobo, orangutan, and gibbon. The law authorizes the Secretary of the Interior, through the Director of the Fish and Wildlife Service, to award grants to entities that will promote the conservation of great apes in the wild. The authorization for appropriations is $5 million per year through 2005 with 3% or $80,000, whichever is greater, expended to administer the grants program.  
US - AWA - Animal Welfare Act   7 USC 2131-2159   The AWA is, in the main, a regulatory law that seeks to control who may possess or sell certain animals and the living conditions (for non-agricultural, domestic animals) under which the animals must be kept. The law provides for criminal penalties, civil penalties and revocation of permits for violations of the AWA. For discussion of the law see - AWA Overview.  
US - Cattle - Milk Income Loss Contract Program   7 U.S.C.A. § 7981 - 7984   Federal program that compensates dairy producers when domestic milk prices fall below a specified level.  
US - Chimpanzee - CHIMP Act   PL 106-551   This Act provides a system of sanctuaries for chimpanzees that are "no longer needed" in the biomedical research industry. The Act lists, among other things, requirements for the sanctuaries, criteria for "acceptable" chimpanzees, exceptions under which chimps can be brought out of "retirement."  
US - Chimpanzee Sanctuary - § 287a-3a. Sanctuary system for surplus chimpanzees   42 USC 287a-3a   This Act was adopted to provide funding and a process by which those chimpanzees that are in the federal research program may be placed into a retirement setting.  
US - Civil Rights - Civil Action for Deprivation of Civil Rights   42 U.S.C.A. 1983   Statute providing for immunity for persons operating under "color of law".  
US - Companion Animals - Federal Pet Protection Act   7 USC 2158   This Act prohibits shelters from selling found pets within a period of five days to any random-source organization. The purpose of the Act is to prevent animals from being stolen and purchased from humane societies in order to use the animals for scientific testing or illegal purposes (such as fighting, etc.).  
US - Conservation - Fish & Wildlife Conservation Act   16 USC 2901-2912  

The Fish and Wildlife Conservation Act, approved September 29, 1980, authorizes financial and technical assistance to the States for the development, revision, and implementation of conservation plans and programs for nongame fish and wildlife. The original Act authorized $5 million for each of Fiscal Years 1982 through 1985, for grants for development and implementation of comprehensive State nongame fish and wildlife plans and for administration of the Act. It also required the U.S. Fish and Wildlife Service to study potential mechanisms for funding these activities and report to Congress by March 1984.

 
US - Conservation - Fish & Wildlife Improvement Act of 1978   16 U.S.C. 742l  

The Fish and Wildlife Improvement Act of 1978 authorizes the Secretaries of the Interior and Commerce to establish, conduct, and assist with national training programs for State fish and wildlife law enforcement personnel. It also authorized funding for research and development of new or improved methods to support fish and wildlife law enforcement.  The law provides authority to the Secretaries to enter into law enforcement cooperative agreements with State or other Federal agencies, and authorizes the disposal of abandoned or forfeited items under the fish, wildlife, and plant jurisdictions of these Secretaries.

 
US - Conservation - Fish and Wildlife Act of 1956   16 USC 742a-742j  

The Fish and Wildlife Act of 1956 (16 U.S.C. 742a-742j, not including 742 d-l; 70 Stat. 1119), establishes a comprehensive national fish, shellfish, and wildlife resources policy with emphasis on the commercial fishing industry but also with a direction to administer the Act with regard to the inherent right of every citizen and resident to fish for pleasure, enjoyment, and betterment and to maintain and increase public opportunities for recreational use of fish and wildlife resources.  Among other things, it directs a program of continuing research, extension, and information services on fish and wildlife matters, both domestically and internationally.

 
US - Conservation - Fish and Wildlife Coordination Act   16 USC 661-667e  

The Fish and Wildlife Coordination Act (16 U.S.C. 661-667e) of 1934 authorizes the Secretaries of Agriculture and Commerce to provide assistance to and cooperate with Federal and State agencies to protect, rear, stock, and increase the supply of game and fur-bearing animals, as well as to study the effects of domestic sewage, trade wastes, and other polluting substances on wildlife.  In addition, this Act authorizes the preparation of plans to protect wildlife resources, the completion of wildlife surveys on public lands, and the acceptance by the Federal agencies of funds or lands for related purposes provided that land donations received the consent of the State in which they are located.

 
US - Crimes - § 43. Force, violence, and threats involving animal enterprises   18 USCS § 43   This federal law provides for crime and penalties for animal enterprise terrorism.  
US - Disability - Americans with Disabilities Act (ADA)   42 U.S.C.A. § 12101, 12102, 12132; 2 U.S.C.A. § 1311  

Following are excerpted sections from the Americans with Disabilities Act of 1990 that relate to assistance animals. Also included is § 1311 of the Civil Rights Act that defines discriminatory practices and outlines the remedies for such violations.

 
US - Divorce/Custody - Uniform Marriage & Divorce Act. Section 307. Part III Dissolution. Section 307 Disposition of Property.   ULA Marr & Divorce s 307   Uniform act created to address division of marital property upon divorce in equitable distribution jurisdiction.  Two alternatives are given, directing equitable apportionment in one and division in just proportions in the other.  
US - Divorce/Custody - United States. Uniform Marital Property Act. Section 4. Classification of Property of Spouses.   ULA Marital Property Act s 4   Uniform act created to address division of marital property upon divorce in community property jurisdictions.  
US - Dolphin - Dolphin Protection Consumer Information Act   16 USC 1385  

Dolphin Protection Consumer Information Act enacted on November 28, 1990 establishes conditions for protection of dolphins by ocean vessels when harvesting tuna with purse seine nets. It provides labeling standards for tuna products that are exported from or offered for sale in the United States, and it sets the penalty for noncompliance at not to exceed $100,000 for any, single action.

 
US - Ecoterrorism - Animal Enterprise Terrorism Act   S.3880 (2006)  

The Animal Enterprise Terrorism Act (AETA) is a United States federal law introduced by Republican Thomas Petri of Wisconsin. The final version of the bill, recently passed by both the Senate and House, was known as S. 3880. Earlier versions of the bill were known as S. 1926 and H.R. 4239. The bill is described by the author as being intended to "provide the Department of Justice the necessary authority to apprehend, prosecute, and convict individuals committing animal enterprise terror."  The AETA was signed into law on November 27, 2006 by President Bush.  Opponents of the law contend that its language is overly broad and vague, and brands animal activists as terrorists. Further, opponents argue that the law has a chilling effect on free speech and unfairly targets only animal activists.

 
US - Elephant - African Elephant Conservation Act   16 USC 4201-4246  

A U.S. federal law that reaffirms the endangered status of African elephants and allocates money toward conservation efforts.

 
US - Elephant - Asian Elephant Conservation Act   16 USC 4261-4266  

A U.S. federal law that reaffirms the endangered status of Asian elephants and allocates money toward conservation efforts.

 
US - Endangered Species Act   16 USC 1531 - 1544   This is key law at the national level for the listing and protecting of endangered species and their critical habitat.  It also implements the US obligations under the treaty CITES.  
US - Environmental - National Environmental Policy Act of 1969   42 USC 4321 - 4370h  

The National Environmental Policy Act (NEPA) requires federal agencies to integrate environmental values into their decision making processes by considering the environmental impacts of their proposed actions and reasonable alternatives to those actions. To meet this requirement, federal agencies prepare a detailed statement known as an Environmental Impact Statement (EIS). EPA reviews and comments on EISs prepared by other federal agencies, maintains a national filing system for all EISs, and assures that its own actions comply with NEPA.

 
US - Evacuation - Pets Evacuation and Transportation Standards Act of 2006   Public Law 109–308 (2006)   The PETS Act, signed into law on October 6, 2006, requires that in order to qualify for Federal Emergency Management Agency funding, a city or state is required to submit a plan detailing its disaster preparedness program. The PETS Act would simply require that the State and local emergency preparedness authorities include how they will accommodate households with pets or service animals when presenting these plans to the FEMA  
US - Exotic Birds - Wild Exotic Bird Conservation Act   16 USC 4901 - 4916   The Wild Exotic Bird Conservation Act addresses the population threat to non-indigenous wild birds due to the demand the from U.S. as the number one importer of exotic birds (e.g., the "pet" bird trade).  Exceptions under the statute include qualified breeding facilities, scientific or zoological study, and people returning the U.S. who have been out of the country for more than a year (limited to two birds).  
US - Fighting - Animal Fighting Prohibition Enforcement Act of 2007   H.R. 137 (signed into law 05/03/2007)   The Animal Fighting Prohibition Enforcement Act of 2007 was signed into law on May 3, 2007. The law upgrades current penalties by creating felony-level jail time (up to 3 years) for violations of the federal animal fighting law, and it also prohibits interstate and foreign commerce of cockfighting weapons (e.g., knife, gaff, etc.).  
US - Fisheries - Pelly Amendment   22 USC 1978   Restriction on importation of fishery or wildlife products from countries which violate international fishery or endangered or threatened species programs

 
US - Food Animal - Humane Methods of Livestock Slaughter   7 USC 1901 - 1907   These statutory sections comprise what is commonly termed the Humane Slaughter Act.  Included in these sections are Congress' statement that livestock must be slaughtered in a humane manner to prevent needless suffering, research methods on humane methods of slaughter, the nonapplicability of these statutes to religious or ritual slaughter, and the investigation into the care of nonambulatory livestock.  
US - Food Animal - Twenty Eight Hour Law of 1877   49 USC 80502   This Federal law addresses the transportation of animals, including those raised for food or in food production, across state lines. The statute provides that animals cannot be transported by "rail carrier, express carrier or common carrier" (except by air or water) for more than 28 consecutive hours without being unloaded for five hours for rest, water and food.  
US - Food Labeling - Federal Food, Drug, and Cosmetic Act   21 U.S.C. § 341 - 343   The United States Federal Food, Drug, and Cosmetic Act is a set of laws passed by Congress that gives authority to the Food and Drug Administration (FDA) to oversee the safety of food, drugs, and cosmetics.  
US - Funding State - Pittman-Roberson Act   16 USC 669-669k  

The Pittman-Robertson Wildlife Restoration Act authorizes the Secretary of the Interior to cooperate with the States, through their respective State fish and game departments, in wildlife-restoration projects.  However, no money shall be expended until the state in question assents to the provisions of this chapter and has passed laws for the conservation of wildlife, which includes a prohibition against the diversion of license fees paid by hunters for any other purpose than the administration of the fish and game department. 

 
US - Fur - Prohibition on importation of dog and cat fur products.   19 U.S.C.A. § 1308  

This federal statute prohibits commerce in dog or cat fur.  Specifically, the statute forbids import into, or export from, the United States of any dog or cat fur product; or the introduction into interstate commerce, manufacture for introduction into interstate commerce, sell, trade, or advertise in interstate commerce, offer to sell, or transport or distribute in interstate commerce in the United States, any dog or cat fur product.  The exception under the act is for the importation, exportation, or transportation, for noncommercial purposes, of a personal pet that is deceased, including a pet preserved through taxidermy.

 
US - Grazing - Taylor Grazing Act   43 USC 315 - 315r   Statute empowers Secretary of the Interior to establish and oversee grazing districts on federal land via a system of permits.  
US - Horse - Restore Our American Mustangs Act   HR 1018 (2009)  

The House of Representatives passed the Restore Our American Mustangs Act (H.R. 1018) on July 17, 2009. This bill was introduced on February 12, 2009. This bill would amend the Wild Free-Roaming Horses and Burros Act. In 2005, the Omnibus Appropriations Bill lifted the prohibition on the sale of wild horses and burros for commercial purposes and allowed the BLM to sell excess animals at public sales "without limitation" (e.g., for slaughter). Congressman Rahall's bill would restore the federal prohibition on the commercial sale and slaughter of wild free-roaming horses and burros. It would also prevent euthanization of any wild free-roaming horses or burros unless the animal is terminally ill.

 
US - Horse - Wild Horses and Burros Act   16 USC 1331-1340  

The Wild Horses and Burros Act approved December 15, 1971, provides for protection of wild, free-roaming horses and burros. It directs the Bureau of Land Management of the Department of the Interior and Forest Service of the Department of Agriculture to manage such animals on public lands under their jurisdiction.

 
US - Horses - Sale of Wild Free-Roaming Horses and Burros   PL 108-447  

These amendments to the Wild Horses Act, 16 U.S.C.A. § 1333, amended by Public Law 108-447, allow for the sale of animals for commercial purposes in some circumstances, specifically when the excess animal is more than 10 years old, or has been unsuccessfully offered for adoption on at least 3 occasions.  Once the excess animal is sold, it will no longer be considered a wild free-roaming horse or burro according to this Act.

 
US - Housing - Fair Housing. Subchapter I. Generally. Section 3602. Definitions.   42 U.S.C.A. 3602(h)   The following statute provides the Act's definition of "handicap" in part (h).  
US - Housing - FHA Definitions   29 USC 705(20)(B)   Sec. 504 provides the federal definition of "disability" (part 9) and "handicap" (part 20).  
US - Housing - Section 504 of the Rehabilitation Act of 1973   29 USC 794   In the context of housing discrimination, this statute creates the rule that public housing authorities cannot deny housing to a disabled person solely because of his or her disability, and that if a reasonable accommodation can be made to make housing available to a disabled person, the landlord is required to make the accommodation. To establish a prima facie case of housing discrimination, the tenant must establish four elements: (1) tenant is an individual with a disability; (2) tenant is "otherwise qualified" to receive the benefit; (3) tenant was denied the benefit of the program solely by reason of his or her disability; and (4) the program receives federal financial assistance.  
US - Hunting - Airborne Hunting Act   16 USC 742j-1  

This Act approved November 18, 1971 added to the Fish and Wildlife Act of 1956 a new section 13 (16 U.S.C. 742j-l), which is commonly referred to as the Airborne Hunting Act or Shooting from Aircraft Act, prohibits shooting or attempting to shoot or harassing any bird, fish, or other animal from aircraft except for certain specified reasons, including protection of wildlife, livestock, and human life as authorized by a Federal or State issued license or permit. States authorized to issue permits are required to file reports with the Secretary of the Interior containing information on any permits issued.

 
US - Importation - Crimes for Importation   18 USCS § 42   Under this federal law, no importation of certain listed animals is permitted. Whoever violates this section, or any regulation issued pursuant thereto, shall be fined under this title or imprisoned not more than six months, or both.  
US - Importation - Fraud and False Statements   18 USCS § 1001   Under this federal law, fraudulent statements, orally or in writing, may result in a fine and or imprisonment.  
US - Importation - Mailing of Injurious Article   18 USCS § 1716   All kinds of poison, all articles and compositions containing poison, all poisonous animals, insects, reptiles, all explosives, inflammable materials, infernal machines, and mechanical, chemical, or other devices or compositions which may ignite or explode, all disease germs or scabs, and all other natural or artificial articles, compositions, or material which may kill or injure another, or injure the mails or other property, whether or not sealed as first-class matter, are nonmailable matter and shall not be conveyed in the mails or delivered from any post office or station thereof, nor by any officer or employee of the Postal Service.  
US - Lacey Act   16 USC 3371 - 3378  

The Lacey Act provides that it is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law whether in interstate or foreign commerce.  All plants or animals taken in violation of the Act are subject to forfeiture as well as all vessels, vehicles, aircraft, and other equipment used in the process.

 
US - Lacey Act - Conspiracy Statute   18 USCS § 371   If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both. If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor.  
US - Marine Mammal - MMPA Subchapter VI. Polar Bears.   16 U.S.C.A. § 1423 - 1423h   This new section to the MMPA provides the polar bear protection provisions. It implements the Agreement Between the Government of the United States of America and the Government of the Russian Federation on the Conservation and Management of the Alaska-Chukotka Polar Bear Population, signed at Washington, D.C., on October 16, 2000. The law makes it unlawful to take any polar bear in violation of the Agreement.  
US - Marine Mammal Protection Act (MMPA) Table of Contents   16 USC 1361 - 1421h   The Marine Mammal Protection Act (MMPA) is the main regulatory vehicle that protects marine mammal species and their habitats in an effort to main sustainable populations. In doing so, the statute outlines prohibitions, required permits, criminal and civil penalties, and international aspects in addressing marine mammals.  This document provides a table of contents for the Marine Mammal Protection Act (MMPA) with links to the specific statutory sections.  
US - Marine Mammal Protection Act (MMPA) Title I   16 USC 1361 - 1389   Title I outlines the purposes and definitions, the Act's application to other treaties and laws, and enforcement provisions, including those surrounding commercial fishing gear.  
US - Marine Mammal Protection Act (MMPA) Title II   16 USC 1401-1407  

Title II encompasses the establishment and functioning of the Marine Mammal Commission.

 
US - Marine Mammal Protection Act (MMPA) Title III   16 USC 1411-1417  

Title III covers the International Dolphin Conservation Program, especially as it relates to dolphin mortality from the tuna fishing industry.

 
US - Marine Mammal Protection Act (MMPA) Title IV   16 USC 1421 - 1421h  

Title IV relates to the Marine Mammal Health and Stranding Response Program, including funding for standing response and unusual mortality events.

 
US - Migratory - Migratory Bird Hunting and Conservation Stamp Act   16 USC 718-718j   The Migratory Bird Hunting and Conservation Stamp Act, or the "Duck Stamp Act," as this March 16, 1934, authority is commonly called, requires each waterfowl hunter 16 years of age or older to possess a valid Federal hunting stamp.  Receipts from the sale of the stamp are deposited in a special Treasury account known as the Migratory Bird Conservation Fund and are not subject to appropriations.  A contest is held each year by the U.S. Fish and Wildlife Service to select the design of the stamp.  
US - Migratory - Migratory Bird Treaty Reform Act (MBTA) (abridged)   PL 108-447, December 8, 2004   This Act includes a significant change to the Migratory Bird Treaty Act (MBTA).  The law, entitled the Migratory Bird Treaty Reform Act (MBTRA), now excludes those species considered to be not native to the United States.  The law provides that the U.S. Fish & Wildlife Service must promulgate a list of the now-excluded migratory species.  (See 70 FR 372).  
US - Migratory Bird - Migratory Bird Treaty Act   16 USC 703-712   This law implements the treaties that the US has signed with a number of countries protecting birds that migrate across our national boarders.  It makes illegal the taking, possessing or selling of protected species.  
US - Native American - American Indian Religious Freedom Act (AIFRA)   42 USC 1996   This act created an executive policy of respect for Native American religious ideas and practices.  While it does not create any substantive right of action by a Native American, AIFRA has been used substantiate claims against federal acts that infringe the exercise of Native American religions (policy affirmed by a 1994 executive order).  For discussion of federal Eagle Act, see Detailed Discussion.  
US - Native American - RFRA (Religious Freedom Restoration Act)   42 USC 2000bb-1   RFRA provides that the government may not substantially burden an individual's free exercise of religion unless it is in furtherance of a compelling government interest and it is done through the least restrictive means.  For discussion of federal Eagle Act, see Detailed Discussion.  
US - Patent - Patentability of Inventions and Grant of Patents   35 USC 103   The Patent Act governs the law of patents in the United States.  Currently, the Patent and Trademark Office functions to issue patents, for which genetically engineered animal species may legally be patented in the United States.  
US - Primate - Captive Primate Safety Act (proposed amend. to Lacey Act)   2009 H.R. 80   To amend the Lacey Act Amendments of 1981 to treat nonhuman primates as prohibited wildlife species under that Act, to make corrections in the provisions relating to captive wildlife offenses under that Act, and for other purposes.
 
US - Protection - Bald and Golden Eagle Protection Act   16 U.S.C. 668a-d   The BGEPA prohibits any form of possession or taking of both bald and golden eagles through criminal and civil sanctions as well as an enhanced penalty provision for subsequent offenses.  Further, the BGEPA provides for the forfeiture of anything used to acquire eagles in violation of the statute.  The statute excepts from its prohibitions on possession the use of eagles or eagle parts for exhibition, scientific, and Indian religious uses.  For discussion of Eagle Act, see Detailed Discussion.  
US - Rhinoceros and Tiger Conservation Act   16 USC 5301-5306  

The purpose of the Act is to assist in the conservation of rhinoceros and tigers by supporting the conservation programs of nations whose activities affect rhinoceros and tiger populations, as well as those of the Secretariat of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Act also provides financial resources for those programs.

 
US - Rodent - Nutria Eradication and Control Act of 2003   2004 P.L. 108-16; 2004 P.L. 105-322   Nutria are large, semi-aquatic rodents that are native to South America and have invaded the marshland of certain U.S. states.  There are no natural predators to control nutria, no market for their fur, and private trappers have failed to keep pace with the animals' ability to reproduce.  P.L. 108-16 of 2003  and P.L. 105-322 of 1998 authorizes the Secretary of the Interior to provide financial assistance to the States of Maryland and Louisiana for a program to implement measures to: (1)eradicate nutria in Maryland; (2)eradicate or control nutria in Louisiana and other States; and (3) restore marshland damaged by nutria.  
US - Seal - Fur Seal Act of 1966   16 USC 1151-1187   The Fur Seal Act of 1966 prohibited, except under specified conditions, the taking, including transportation, importing or possession, of fur seals and sea otters. Exceptions are authorized for Indians, Aleuts, and Eskimos who dwell on the coasts of the North Pacific Ocean, who are permitted to take fur seals and dispose of their skins. The statute also authorized the Secretary of Interior to conduct scientific research on the fur seal resources of the North Pacific Ocean.  
US - Smuggling - Anti-Smuggling Statute   18 USCS § 545   This federal law provides punishment for smuggling merchandise (including animals) into the United States.  
US - Taxation - Evading Tax   26 U.S.C. § 7201  

This federal law provides that any person who willfully evades or attempts to evade taxes shall be guilty of a felony.

 
US - Trade - Tariff Act of 1930   19 USCS § 1481   This federal law outlines the requirements for importation invoices.  
US - Wilderness Act   16 U.S.C.A. §§ 1131 - 1136   Establishes a National Wilderness Preservation System to be composed of federally owned areas designated by Congress as "wilderness areas." Also provides for the administration and preservation of these wilderness areas.  

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