Cold-Blooded: The Animal Welfare Act's Exclusion of Aquatic Animals
![handle is hein.journals/anim28 and id is 221 raw text is: COLD-BLOODED: THE ANIMAL WELFARE ACT'S
EXCLUSION OF AQUATIC ANIMALS
By
Caitlin Skurky*
The Animal Welfare Act (AWA) is the only federal law in the United
States that regulates the treatment of animals in research, exhibition, trans-
port, and by dealers. Despite the significant use of aquatic animals in the
pet trade and for exhibition and the increasing use of aquatic animals in
research, the AWA implicitly excludes the regulation of such cold-blooded
animals. The AWA's implicit exclusion of aquatic animals creates a gaping
hole in the purpose of the statute as well as significant practical and ethical
issues pertaining to the use and treatment of such animals. Part II of this
Article will explore the current problems with the AWA's exclusion of
aquatic animals, with Part II.A focusing on problems with recordkeeping
and Part II.B exploring problems with humane handling, care, treatment,
and transportation. Part III will discuss a proposed amendment to the
AWA's definition of animal as a solution to the problems discussed in Part
II, with Part III.A addressing recordkeeping, and Part III.B addressing hu-
mane handling, care, treatment, and transportation. Part IV of this Article
will explore the legal implications and enforcement concerns of implement-
ing such an amendment to the AWA's definition of animal, with Part IV.A
exploring challenges in meeting the diverse biological needs of various spe-
cies and Part IV.B exploring enforcement concerns. Part V will discuss the
practical and pragmatic issues of getting such an amendment passed, with
Part V.A exploring challenges in overcoming public opinion and misconcep-
tions regarding aquatic animals, Part V.B exploring potential arguments
that the PHS Policy provides enough protection for aquatic animals, and
Part V.C exploring the potential risk of such an amendment leading to the
exclusion of some aquatic animals who theoretically have protections under
the current AWA. Finally, Part VI will explore the role of science in both the
problem and the solution.
* Caitlin Skurky is a summa cum laude graduate of Lewis & Clark Law School and
is the Founder and Executive Director of Living Law LLC. At Living Law LLC, Caitlin
works to dismantle systems of oppression and exploitation as they apply to human and
nonhuman animals alike. Caitlin would like to thank Kathy Hessler and Amy P. Wil-
son, both of whom served as perpetual sources of support and inspiration in Caitlin's
work advocating for aquatic animal welfare. This Article was written on the stolen and
occupied land which rests on the traditional village sites of the Multnomah, Wasco,
Cowlitz, Kathlamet, Clackamas, Bands of Chinook, Tualatin, Kalapuya, Molalla, and
many other tribes who made their homes along the Columbia River.
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Cold-Blooded: The Animal Welfare Act's Exclusion of Aquatic Animals
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