《SPS协定》与我国进出境动物检疫法律规范的完善

进出境动物的检疫日益成为各国为保护本国利益采取的有效措施之一,同时也是SPS协定基础上各世界贸易组织成员唯一可以使用的非关税技术措施。我国目前关于进出境动物检疫的相关法律规定滞后,没有充分利用WTO赋予各成员国在动物检疫方面的某些权利。我国应当基于SPS协定,扩大进出境动物检疫的内容和范围、完善具体检疫措施和规定以及创设对我国有利而WTO规则没有禁止的检疫制度,进而完善我国进出境动物检疫法律规范。     

The Forensic Pathology of Fatal Attacks by the Large Mammals Inhabiting the Nordic Wilderness—A Literature Review

Fatalities due to animal attacks are rare in forensic medical work but have been known to pose problems due to their potential to mimic homicide. This review summarizes reported cases of fatal attacks by large mammals that inhabit the Nordic wilderness, namely brown bear, moose, wild boar, and wolf, and attempts to elucidate injury patterns that can guide the forensic pathologist to identifying the species and modus operandi of the attacker. A tendency toward a species‐specific injury pattern was observed. Injuries by bear and especially wolf are dominated by biting whereas moose and wild boar do not seem to bite their victims. The bear uses its paws, both for hitting, resulting in crush injury and fractures, and clawing with resulting excoriations and possible penetrating injuries. Crush injuries and fractures appear, on the other hand, to be minimal or absent in attacks by wolf and wild boar.     

Gastrointestinal Functionality of Aquatic Animal (Oreochromis niloticus) Carcass in Water Allows Estimating Time of Death

Postmortem changes have been previously studied in some terrestrial animal models, but no prior information is available on aquatic species. Gastrointestinal functionality was investigated in terms of indices, protein concentration, digestive enzyme activity, and scavenging activity, in an aquatic animal model, Nile tilapia, to assess the postmortem changes. Dead fish were floated indoors, and samples were collected within 48 h after death. Stomasomatic index decreased with postmortem time and correlated positively with protein, pepsin‐specific activity, and stomach scavenging activity. Also intestosomatic index decreased significantly and correlated positively with protein, specific activity of trypsin, chymotrypsin, amylase, lipase, and intestinal scavenging activity. In their postmortem changes, the digestive enzymes exhibited earlier lipid degradation than carbohydrate or protein. The intestine changed more rapidly than the stomach. The findings suggest that the postmortem changes of gastrointestinal functionality can serve as primary data for the estimation of time of death of an aquatic animal.     

SNP Miniplexes for Individual Identification of Random‐Bred Domestic Cats

Phenotypic and genotypic characteristics of the cat can be obtained from single nucleotide polymorphisms (SNPs) analyses of fur. This study developed miniplexes using SNPs with high discriminating power for random‐bred domestic cats, focusing on individual and phenotypic identification. Seventy‐eight SNPs were investigated using a multiplex PCR followed by a fluorescently labeled single base extension (SBE) technique (SNaPshot^®). The SNP miniplexes were evaluated for reliability, reproducibility, sensitivity, species specificity, detection limitations, and assignment accuracy. Six SNPplexes were developed containing 39 intergenic SNPs and 26 phenotypic SNPs, including a sex identification marker, ZFXY. The combined random match probability (cRMP) was 6.58 × 10^?19 across all Western cat populations and the likelihood ratio was 1.52 × 10¹⁸. These SNPplexes can distinguish individual cats and their phenotypic traits, which could provide insight into crime reconstructions. A SNP database of 237 cats from 13 worldwide populations is now available for forensic applications.     

Beyond the property debate: animal welfare as a public good

Abstract

Animal protection is socially constructed through laws specifying which animals should be protected and how. Most jurisdictions codify animal abuse by specifying the legal protections granted to animals. While these vary between jurisdictions, western legal systems generally provide for better levels of animal protection by incorporating animal welfare and wildlife crime laws into criminal justice systems. UK legislation has long held that animal welfare is a public good, thus animals should be protected in the public interest. However, despite the protective provisions of animal protection laws they generally fall short of giving animals actual rights, protection exists only to the extent that animal and human interests coincide. Animals’ legal status as property dictates that much anti-animal abuse and wildlife crime legislation is about allowing animal exploitation commensurate with human interests. However, UK legislation in the form of the Animal Welfare Act 2006 subtly shifts this position in respect of domestic animals by imposing a duty of care towards companion animals. This paper argues that by requiring owners and responsible persons to give active consideration to the needs of individual companion animals, the Animal Welfare Act provides animals with a level of protection that amounts to a form of legal rights.     

Victimless venison? Deer poaching and black market meat in the UK

Abstract

The British Deer Society places the number of poached deer in the UK as high as 50,000 each year whereas only 335 incidents were reported to the police in 2009. This article explores deer as invisible victims of green crime and the motivations behind this poaching, drawing on the typologies of wildlife crime offenders developed by Nurse in 2013. In particular, the traditional profit-driven motivation of offenders is explored by attempting to uncover if there is, as suspected, a black market in venison. In order to do this, online questionnaires were sent to wildlife crime officers and gamekeepers asking questions about the scale and scope of deer poaching, who the perpetrators are and what is happening to the meat. From these data, it is hoped that a more detailed picture of deer poaching can be developed to further inform wildlife law and poaching prevention. This article also draws attention to the plight of poached deer and the potential danger to people of a black market in venison.     

Give me shelter: the state of animal sheltering in Kentucky’s county shelter system

Abstract

The Commonwealth of Kentucky Animal Control and Advisory Board estimates that in 2012, approximately 285,000 dogs and cats entered the shelter system, but only 15% were retrieved by owners or adopted to a new home. While some shelters incorporate adoption, fostering, and low-cost spay and neuter programs, many shelters euthanize the majority of the animals that enter the shelter system. In an effort to address severe deficiencies within the shelter system, Kentucky passed the Humane Shelter Law which defined minimum care and facility standards for animals held in shelters, along with required data collection. The law also placed responsibility with the individual county governments for oversight and implementation of these requirements. This paper presents the background and history of the state policy regarding animal shelters followed by results from a study of the county animal shelters in Kentucky. Results from the study suggest that numerous problems with data collection and maintenance exist throughout Kentucky and that levels of care vary widely for animals in the system. We discuss these issues before making recommendations for improvement to this system and its oversight. Our research suggests that with proper funding and oversight, Kentucky’s statute could become a model for humane animal sheltering.     

Cosmetic and convenience surgeries on companion animals: the case for laws with bite to protect a dog’s bark

Abstract

Of the various potential improvements and expansions of the current legal protections for companion animals, this paper will focus on the rationale for, and the possibility of, a ban on companion dog and cat cosmetic and convenience surgeries. After discussing the practical significance of society’s soft spot for companion dogs and cats, this paper will discuss the ‘physically painful’ and ‘unjustifiable’ nature of the cosmetic and convenience surgeries themselves, as well as the statutes, legislative and voter initiatives, and case law relevant to those surgeries. Ultimately, this paper will conclude that although across the board bans on companion dog and cat cosmetic and convenience surgeries would likely fail in all but a tiny minority of ‘animal-friendly’ municipalities, bans that solely target debarking could be more broadly enacted because debarking has been practiced for a shorter period of time than the other surgeries, is performed less frequently, and may be more readily understood by the average American as ‘unnatural,’ and therefore, cruel.     

Significance of Family Risk Factors in Development of Childhood Animal Cruelty in Adolescent Boys with Conduct Problems

The literature suggests that physical child abuse, sexual child abuse, paternal alcoholism, paternal unavailability, and domestic violence may be significant in development of childhood animal cruelty. Two groups of early- to late adolescent boys (CTA and N-CTA) in residential treatment for conduct disorder were compared in the current study on histories of these family risk factors. The adolescents in Group 1 were comprised of boys who had conduct problems with documented histories of animal cruelty (n = 50; CTA). Group 2 consisted of adolescent boys (n = 50; N-CTA) with conduct problems, but without documented histories of animal cruelty. Results showed that children in the CTA group had significantly greater histories of physical and/or sexual child abuse and domestic violence in comparison to children in the N-CTA group. These results suggest that physical and/or sexual abuse to a child, and exposure to domestic violence, may be significant in the development of childhood animal cruelty.