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1991 ALDF Update [i] (1991)

handle is hein.animal/aldfup1991 and id is 1 raw text is: , u ate Volume 2, Number 1 January 1991 ALDF CHALLENGES NAVY'S METHOD OF TRANSFERRING MARINE MAMMALS ALDF President Steven Wise has uncovered practices of the National Marine Fisheries Service (NMFS) which illegally allow the transfer of marine mammals by letters of authorization, instead of the formal permit procedures required by the Marine Mammal Protection Act (MMPA). Under MMPA regulations, when an institution applies for a permit to possess a dolphin, there is a period for public comment and the opportunity to file suit if anyone has objections or concerns. Because of loopholes created by poorly defined criteria, the NMFS has allowed institutions to transfer dolphins without applying for a permit, sidestepping the public notice and comment period. Such informal transfers have taken place for at least 10 years, and the U.S. Navy has received several dolphins in this manner. If Wise is unable to resolve the controversy with NMFS, a suit will be filed in early 1991. USDA MOVES TO DISMISS RATS & MICE CASE The U.S. government recently filed a motion to dismiss the ALDF and HSUS lawsuit which challenges USDA's exclusion of birds, rats and mice from the definition of animal for purposes of Animal Welfare Act (AWA) coverage. The government argued that the plaintiffs lack standing. ALDF opposed USDA's motion and filed an amended complaint adding, as a plaintiff, a researcher who works with rats and mice. This researcher is unable to ensure that her rats and mice receive humane treatment from animal care employees at the university where she works. NEW YORK COURT STRIKES DOWN DOG HUNTING OF BLACK BEARS ALDF attorney members Neal Abramson and Donald Savelson of Proskauer, Rose, Goetz & Mendelsohn recently sued the New York Department of Environmental Conservation (DEC) on behalf of the ASPCA, and stopped the use of dogs to hunt black bears in that state. Justice Carol Arber granted summary judgment to the ASPCA, holding that the DEC had surpassed its sphere of legitimate activity and that the dog hunting rules were improperly promulgated and exceeded the DEC's authority. The Court permanently enjoined the agency from formulating any future rules which permit the hunting of bears with dogs. The suit challenged the regulations as contrary to the state's Environmental Conservation Law. (ASPCA v. NY DEC, PF 195) SETTLEMENT OF SUIT AGAINST AIRLINE FOR DEATH OF DOG ALDF board member Valerie Stanley settled a case against U.S. Air on behalf of a woman whose dog died in the plane's cargo compartment. The amount obtained was in excess of the baggage liability limitation. Normally, when pets are injured or killed by airlines, the owner is limited to recovering the standard liability for loss of baggage. Stanley alleged that the airline carelessly and negligently conducted the handling, care and shipping of the dog, in violation of federal law and regulations, as well as the owner's instructions. A BI-MONTHLY NEWS SHEET FOR ATTORNEY MEMBERS OF THE ANIMAL LEGAL DEFENSE FUND 1363 Lincoln Avenue San Rafael, California 94901 415/459-0885

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