The Humane Society of the United States has filed a lawsuit in D.C. Superior Court against Virginia-based Smithfield Foods for allegedly misleading consumers about the company’s elimination of gestation crates for pregnant sows. In 2018, the pork producer announced in a press release that “Smithfield Foods delivers on decade-old promise to eliminate pregnant sow stalls in U.S.” and has represented widely that it uses group housing for sows rather than gestation crates. However, the complaint alleges that Smithfield still confines sows for up to half the year in gestation crates so small the pigs cannot turn around. The lawsuit also challenges the veracity of Smithfield’s public claims that “all pigs are traceable to farm of origin” as part of an effort “to let consumers trace the story of [Defendant’s] products from farm to plate.” Plaintiffs seek declaratory and injunctive relief.
This Week's Spotlights
Case Law Updates - State Case Law Updates
Humane Society Sues World’s Largest Pork Producer Over Sow Confinement
Agency Updates
Smithsonian Zoo Seeks Permit to Import Asian Elephants
The U.S. Fish & Wildlife Service announced its receipt of an application from the Smithsonian National Zoo for an Endangered Species Act permit to import two female Asian elephants from the Rotterdam Zoo in the Netherlands. Asian elephants have been designated with the highest level of protection available on the Endangered Species List and the CITES appendices. Applicants who wish to import Asian elephants into the United States must demonstrate that the underlying purpose of the import enhances the propagation or survival of the species. FWS is accepting comments through November 18, 2021.
The U.S. Fish & Wildlife Service announced its receipt of an application from the Smithsonian National Zoo for an Endangered Species Act permit to import two female Asian elephants from the Rotterdam Zoo in the Netherlands. Asian elephants have been designated with the highest level of protection available on the Endangered Species List and the CITES appendices. Applicants who wish to import Asian elephants into the United States must demonstrate that the underlying purpose of the import enhances the propagation or survival of the species. FWS is accepting comments through November 18, 2021.
Kentucky Wildlife Agency Proposes Ban on Use of Endangered Species for Entertainment
The Kentucky Department of Fish & Wildlife Resources has announced a proposed rule change that would prohibit: 1) the possession or transport of animals on the federal Endangered Species List by anyone other than Association of Zoos and Aquariums-accredited zoos; 2) public contact with big cats and other captive exotic and wild animals; and 3) the use of elephants, tigers, and other federally protected animals for circuses. The agency held a public hearing on October 22, 2021, and is accepting written comments through October 31, 2021.
The Kentucky Department of Fish & Wildlife Resources has announced a proposed rule change that would prohibit: 1) the possession or transport of animals on the federal Endangered Species List by anyone other than Association of Zoos and Aquariums-accredited zoos; 2) public contact with big cats and other captive exotic and wild animals; and 3) the use of elephants, tigers, and other federally protected animals for circuses. The agency held a public hearing on October 22, 2021, and is accepting written comments through October 31, 2021.
International Updates - Articles
Mexican State Introduces Legislation to Prohibit Public Contact with Big Cats
Quintana Roo, the Mexican state on the Yucatan peninsula that banned the use of exotic animals in circuses in 2014, has introduced legislation that would prohibit public contact with big cats. Photo ops, opportunities to bottle feed cubs, and other direct contact encounters are very lucrative for exhibitors and are the genesis of the steady supply of cubs who frequently end up in the exotic pet trade once they age out of photo ops. Bills that prohibit public contact have a significant impact on the exotic pet trade by removing the financial incentive for exhibitors to keep breeding them.
Quintana Roo, the Mexican state on the Yucatan peninsula that banned the use of exotic animals in circuses in 2014, has introduced legislation that would prohibit public contact with big cats. Photo ops, opportunities to bottle feed cubs, and other direct contact encounters are very lucrative for exhibitors and are the genesis of the steady supply of cubs who frequently end up in the exotic pet trade once they age out of photo ops. Bills that prohibit public contact have a significant impact on the exotic pet trade by removing the financial incentive for exhibitors to keep breeding them.
Hippopotami Recognized as Legal Persons by Courts in Colombia and the United States
In a lawsuit brought on behalf of the progeny of hippos smuggled into Columbia by Pablo Escobar, courts in Colombia and the United States have recognized the hippos as legal persons for purpose of bringing a lawsuit to protect the introduced species from being culled. Colombian authorities have been discussing killing the population of approximately 100 hippos since 2009, and attorneys have filed a lawsuit on their behalf since Colombia allows animals to sue to protect their interests. The Animal Defense League Fund applied on behalf of the hippos for two wildlife experts from Ohio to share their expertise about non-surgical sterilization. The U.S. District Court for the Southern District of Ohio granted the application, thereby accepting the underlying legal premise of the suit that the hippos are legal persons in the process.
In a lawsuit brought on behalf of the progeny of hippos smuggled into Columbia by Pablo Escobar, courts in Colombia and the United States have recognized the hippos as legal persons for purpose of bringing a lawsuit to protect the introduced species from being culled. Colombian authorities have been discussing killing the population of approximately 100 hippos since 2009, and attorneys have filed a lawsuit on their behalf since Colombia allows animals to sue to protect their interests. The Animal Defense League Fund applied on behalf of the hippos for two wildlife experts from Ohio to share their expertise about non-surgical sterilization. The U.S. District Court for the Southern District of Ohio granted the application, thereby accepting the underlying legal premise of the suit that the hippos are legal persons in the process.
Legislative Updates
Pending State Actions
New York Considers Free Hunting Licenses for Native American Tribe and Active Duty Military
New York Assembly Bill 8384 would provide for the issuance of free hunting, fishing, and trapping licenses to members of the Seneca Nation, and Assembly Bill 8362 would extend the same free license issuance to New York residents who are active duty military, regardless of the location of their duty station. Both bills have been referred to the New York Assembly Committee on Environmental Conservation.
New York Assembly Bill 8384 would provide for the issuance of free hunting, fishing, and trapping licenses to members of the Seneca Nation, and Assembly Bill 8362 would extend the same free license issuance to New York residents who are active duty military, regardless of the location of their duty station. Both bills have been referred to the New York Assembly Committee on Environmental Conservation.
Case Law Updates
Federal Case Law Updates
Environmental Groups Challenge Drilling Project
The Center for Biological Diversity, Friends of the Inyo, Western Watersheds Project, and the Sierra Club have sued the U.S. Forest Service, alleging that the agency violated the National Environmental Policy Act when it approved the Long Valley Exploration Drilling Project near Mammoth Lakes, California without sufficient public review. The advocacy organizations argue that the Forest Service erred in relegating the drilling project to a cursory “Categorical Exclusion” despite the project’s potential for impact on imperiled Bi-State sage grouse and water supplies that support endangered Owens tui chub and the water supply for the City of Los Angeles. Plaintiffs seek declaratory and injunctive relief.
The Center for Biological Diversity, Friends of the Inyo, Western Watersheds Project, and the Sierra Club have sued the U.S. Forest Service, alleging that the agency violated the National Environmental Policy Act when it approved the Long Valley Exploration Drilling Project near Mammoth Lakes, California without sufficient public review. The advocacy organizations argue that the Forest Service erred in relegating the drilling project to a cursory “Categorical Exclusion” despite the project’s potential for impact on imperiled Bi-State sage grouse and water supplies that support endangered Owens tui chub and the water supply for the City of Los Angeles. Plaintiffs seek declaratory and injunctive relief.
State Case Law Updates
Humane Society Sues World’s Largest Pork Producer Over Sow Confinement
The Humane Society of the United States has filed a lawsuit in D.C. Superior Court against Virginia-based Smithfield Foods for allegedly misleading consumers about the company’s elimination of gestation crates for pregnant sows. In 2018, the pork producer announced in a press release that “Smithfield Foods delivers on decade-old promise to eliminate pregnant sow stalls in U.S.” and has represented widely that it uses group housing for sows rather than gestation crates. However, the complaint alleges that Smithfield still confines sows for up to half the year in gestation crates so small the pigs cannot turn around. The lawsuit also challenges the veracity of Smithfield’s public claims that “all pigs are traceable to farm of origin” as part of an effort “to let consumers trace the story of [Defendant’s] products from farm to plate.” Plaintiffs seek declaratory and injunctive relief.
The Humane Society of the United States has filed a lawsuit in D.C. Superior Court against Virginia-based Smithfield Foods for allegedly misleading consumers about the company’s elimination of gestation crates for pregnant sows. In 2018, the pork producer announced in a press release that “Smithfield Foods delivers on decade-old promise to eliminate pregnant sow stalls in U.S.” and has represented widely that it uses group housing for sows rather than gestation crates. However, the complaint alleges that Smithfield still confines sows for up to half the year in gestation crates so small the pigs cannot turn around. The lawsuit also challenges the veracity of Smithfield’s public claims that “all pigs are traceable to farm of origin” as part of an effort “to let consumers trace the story of [Defendant’s] products from farm to plate.” Plaintiffs seek declaratory and injunctive relief.
Five-year Legal Battle Over Attorney Statements about Tigers Concludes with Significant Implications for Social Justice Attorneys
Landry’s, Inc. and the Landry’s Houston Aquarium settled a widely-publicized five-year legal battle over allegedly defamatory statements that the Animal Legal Defense Fund, attorney Carney Anne Nasser, and activist Cheryl Conley made on social media and in press releases about the tiger habitat at Landry’s aquarium and why they were pursuing an Endangered Species Act case against Landry’s. Landry’s sued for defamation, and Defendants prevailed in a motion to dismiss, in part because the court affirmed longstanding Texas common law that attorney statements made in the course of legal proceedings are immune from defamation suits. However, the Texas Supreme Court reversed, holding that lawyer statements on social media and in press releases are not entitled to attorney immunity under the legal proceedings privilege and remanded the case for trial on the merits to determine whether Nasser made her statements with actual malice. The reversal of longstanding common law has significant implications for animal and environmental organizations and attorneys in Texas and beyond who regularly avail themselves of the media in the course of pursuing legal and legislative strategies. Rather than going to trial, the parties settled.
Landry’s, Inc. and the Landry’s Houston Aquarium settled a widely-publicized five-year legal battle over allegedly defamatory statements that the Animal Legal Defense Fund, attorney Carney Anne Nasser, and activist Cheryl Conley made on social media and in press releases about the tiger habitat at Landry’s aquarium and why they were pursuing an Endangered Species Act case against Landry’s. Landry’s sued for defamation, and Defendants prevailed in a motion to dismiss, in part because the court affirmed longstanding Texas common law that attorney statements made in the course of legal proceedings are immune from defamation suits. However, the Texas Supreme Court reversed, holding that lawyer statements on social media and in press releases are not entitled to attorney immunity under the legal proceedings privilege and remanded the case for trial on the merits to determine whether Nasser made her statements with actual malice. The reversal of longstanding common law has significant implications for animal and environmental organizations and attorneys in Texas and beyond who regularly avail themselves of the media in the course of pursuing legal and legislative strategies. Rather than going to trial, the parties settled.
Agency Updates
Fish & Wildlife Service Downlists Rare Fish
The U.S. Fish & Wildlife announced that it is down listing the humpback chub, a species of fish found in the Colorado River, from endangered to threatened due to “substantial improvements” in the species overall status. The listing status change will be effective November 17, 2021.
The U.S. Fish & Wildlife announced that it is down listing the humpback chub, a species of fish found in the Colorado River, from endangered to threatened due to “substantial improvements” in the species overall status. The listing status change will be effective November 17, 2021.
NMFS Extends Comment Period on Proposed Whale Hunt
The National Marine Fisheries Service announced a 25-day extension of the public comment period on an Administrative Law Judge’s recommendation to allow the Makah Indian Tribe to hunt Eastern North Pacific gray whales for ceremonial and subsistence purposes. The comment period will be open through November 13, 2021.
The National Marine Fisheries Service announced a 25-day extension of the public comment period on an Administrative Law Judge’s recommendation to allow the Makah Indian Tribe to hunt Eastern North Pacific gray whales for ceremonial and subsistence purposes. The comment period will be open through November 13, 2021.
FSIS Announces Recall of Chicken Potstickers
The Food Safety and Inspection Service announced the recall of 33,567 pounds of “Ling Ling Potstickers Chicken and Vegetable” manufactured by Hayward, California-based Ajinomoto Foods North America. FSIS made the announcement following consumer complaints that the products were contaminated with clear, flexible plastic foreign matter.
The Food Safety and Inspection Service announced the recall of 33,567 pounds of “Ling Ling Potstickers Chicken and Vegetable” manufactured by Hayward, California-based Ajinomoto Foods North America. FSIS made the announcement following consumer complaints that the products were contaminated with clear, flexible plastic foreign matter.
FWS Announces Designation of Critical Habitat for Fishers
The U.S. Fish & Wildlife Service announced the designation of critical habitat for the Southern Sierra Nevada Distinct Population Segment of Fishers. The agency has designated a total of 554,454 acres in Tulare, Kern, Fresno, Madera, Mariposa, and Tuolomne counties (California) for the fishers, who were added to the Endangered Species List on May 15, 2020.
The U.S. Fish & Wildlife Service announced the designation of critical habitat for the Southern Sierra Nevada Distinct Population Segment of Fishers. The agency has designated a total of 554,454 acres in Tulare, Kern, Fresno, Madera, Mariposa, and Tuolomne counties (California) for the fishers, who were added to the Endangered Species List on May 15, 2020.
Smithsonian Zoo Seeks Permit to Import Asian Elephants
The U.S. Fish & Wildlife Service announced its receipt of an application from the Smithsonian National Zoo for an Endangered Species Act permit to import two female Asian elephants from the Rotterdam Zoo in the Netherlands. Asian elephants have been designated with the highest level of protection available on the Endangered Species List and the CITES appendices. Applicants who wish to import Asian elephants into the United States must demonstrate that the underlying purpose of the import enhances the propagation or survival of the species. FWS is accepting comments through November 18, 2021.
The U.S. Fish & Wildlife Service announced its receipt of an application from the Smithsonian National Zoo for an Endangered Species Act permit to import two female Asian elephants from the Rotterdam Zoo in the Netherlands. Asian elephants have been designated with the highest level of protection available on the Endangered Species List and the CITES appendices. Applicants who wish to import Asian elephants into the United States must demonstrate that the underlying purpose of the import enhances the propagation or survival of the species. FWS is accepting comments through November 18, 2021.
A New Jersey Facility Seeks to Import Tigers from Canada
An unaccredited facility in New Jersey called “Popcorn Park” has applied for an Endangered Species Act permit to import one male and one female tiger, born at the now-shuttered Bowmanville Zoo, from Cherry Brook Zoo in New Brunswick, Canada, which also is closing permanently. All subspecies of tigers, including tigers with inter-subspecific or unknown breeding history, have the highest level of protection on the Endangered Species List and the multilateral CITES wildlife treaty. The applicant will have to demonstrate that the underlying purpose for which it is seeking to import the pair of tigers is to further the propagation or survival of the species. Interested parties may submit comments to U.S. Fish & Wildlife Service through November 18, 2021.
An unaccredited facility in New Jersey called “Popcorn Park” has applied for an Endangered Species Act permit to import one male and one female tiger, born at the now-shuttered Bowmanville Zoo, from Cherry Brook Zoo in New Brunswick, Canada, which also is closing permanently. All subspecies of tigers, including tigers with inter-subspecific or unknown breeding history, have the highest level of protection on the Endangered Species List and the multilateral CITES wildlife treaty. The applicant will have to demonstrate that the underlying purpose for which it is seeking to import the pair of tigers is to further the propagation or survival of the species. Interested parties may submit comments to U.S. Fish & Wildlife Service through November 18, 2021.
Arizona Roadside Zoo Seeks Permission to Breed and Trade Protected Species
Wildlife World Zoo in Litchfield Park, Arizona, is seeking Captive Bred Wildlife (CBW) registration for thirty-three different federally protected species, which would allow the facility to breed, purchase, and deal those types of animals across state lines over a five-year period without individual permits. The facility is seeking CBW registration for: cheetah, African lion, tiger, leopard, clouded leopard, ring-tailed lemur, African penguin, Southern white rhinoceros, saltwater crocodile, Madagascar radiated tortoise, Galapagos tortoise, Apaporis river caiman, brown caiman, common caiman, African dwarf crocodile, Congo dwarf crocodile, Nile crocodile, Bar white-handed gibbon, pileated gibbon, Siamang, cotton-top tamarin, brush-tailed rat-kangaroo, Andean condor, white-naped crane, black-and-white ruffled lemur, red ruffed lemur, Arabian oryx, red lechwe, South American tapir, scarlet macaw, blue-throated macaw, military macaw. FWS is accepting comments through November 18, 2021.
Wildlife World Zoo in Litchfield Park, Arizona, is seeking Captive Bred Wildlife (CBW) registration for thirty-three different federally protected species, which would allow the facility to breed, purchase, and deal those types of animals across state lines over a five-year period without individual permits. The facility is seeking CBW registration for: cheetah, African lion, tiger, leopard, clouded leopard, ring-tailed lemur, African penguin, Southern white rhinoceros, saltwater crocodile, Madagascar radiated tortoise, Galapagos tortoise, Apaporis river caiman, brown caiman, common caiman, African dwarf crocodile, Congo dwarf crocodile, Nile crocodile, Bar white-handed gibbon, pileated gibbon, Siamang, cotton-top tamarin, brush-tailed rat-kangaroo, Andean condor, white-naped crane, black-and-white ruffled lemur, red ruffed lemur, Arabian oryx, red lechwe, South American tapir, scarlet macaw, blue-throated macaw, military macaw. FWS is accepting comments through November 18, 2021.
Arizona State University Seeks Permits for Primate-Related Research
Arizona State University has applied to the U.S. Fish & Wildlife Service for an Endangered Species Act permit to import biological samples from wild, captive-held, and captive-born chimpanzees, bonobos, gorillas, and orangutans from various countries over a five-year period for purposes of scientific research. FWS is accepting comments through November 18, 2021.
Arizona State University has applied to the U.S. Fish & Wildlife Service for an Endangered Species Act permit to import biological samples from wild, captive-held, and captive-born chimpanzees, bonobos, gorillas, and orangutans from various countries over a five-year period for purposes of scientific research. FWS is accepting comments through November 18, 2021.
Zoo in Washington State Seeks Permission to Breed and Trade Protected Species
Point Defiance Zoo & Aquarium in Tacoma, Washington has applied to U.S. Fish & Wildlife Service for Captive Bred Wildlife (CBW) registration for a number of endangered species, including: radiated tortoise, Parma wallaby, Asian elephant, black-and-white ruffed lemur, ring-tailed lemur, Northern white-cheeked gibbon, Siamang, clouded leopard, Sumatran tiger, Malayan tapir, and lowland anoa. CBW registration would allow the AZA-accredited zoo to breed and trade in the specified species over a period of five years. FWS is accepting comments through November 18, 2021.
Point Defiance Zoo & Aquarium in Tacoma, Washington has applied to U.S. Fish & Wildlife Service for Captive Bred Wildlife (CBW) registration for a number of endangered species, including: radiated tortoise, Parma wallaby, Asian elephant, black-and-white ruffed lemur, ring-tailed lemur, Northern white-cheeked gibbon, Siamang, clouded leopard, Sumatran tiger, Malayan tapir, and lowland anoa. CBW registration would allow the AZA-accredited zoo to breed and trade in the specified species over a period of five years. FWS is accepting comments through November 18, 2021.
Texas Zoo Seeks Permission to Breed and Trade Protected Species
Caldwell Zoo, an AZA-accredited zoo in Tyler, Texas, has applied to U.S. Fish & Wildlife Service for Captive Bred Wildlife (CBW) registration for a number of protected species, including: cheetah, military macaw, black rhinoceros, Grevy’s zebra, Northern bald ibis, Red-ruffed lemur, Ring-tailed lemur, African lion, tiger, cotton-top tamarin, and African penguin. CBW registration would allow the zoo to breed and trade in the specified protected species for a period of five years. FWS is accepting comments through November 18, 2021.
Caldwell Zoo, an AZA-accredited zoo in Tyler, Texas, has applied to U.S. Fish & Wildlife Service for Captive Bred Wildlife (CBW) registration for a number of protected species, including: cheetah, military macaw, black rhinoceros, Grevy’s zebra, Northern bald ibis, Red-ruffed lemur, Ring-tailed lemur, African lion, tiger, cotton-top tamarin, and African penguin. CBW registration would allow the zoo to breed and trade in the specified protected species for a period of five years. FWS is accepting comments through November 18, 2021.
Wisconsin Zoo Seeks Permission to Breed and Trade Protected Species
Henry Vilas Zoo, an AZA-accredited zoo in Madison, Wisconsin, has applied to the U.S. Fish & Wildlife Service for Captive Bred Wildlife (CBW) registration for a number of protected species, including: Bactrian camel, African wild ass, Lar gibbon, ring-tailed lemur, black-and-white ruffed lemur, golden lion tamarin, African lion, Siberian tiger, Bornean orangutan, African penguin, and Southern white rhinoceros. CBW registration would allow the zoo to breed and trade in the specified protected species for a period of five years. FWS is accepting comments through November 18, 2021.
Henry Vilas Zoo, an AZA-accredited zoo in Madison, Wisconsin, has applied to the U.S. Fish & Wildlife Service for Captive Bred Wildlife (CBW) registration for a number of protected species, including: Bactrian camel, African wild ass, Lar gibbon, ring-tailed lemur, black-and-white ruffed lemur, golden lion tamarin, African lion, Siberian tiger, Bornean orangutan, African penguin, and Southern white rhinoceros. CBW registration would allow the zoo to breed and trade in the specified protected species for a period of five years. FWS is accepting comments through November 18, 2021.
Texas Hunting Ranch Seeks Permission to Breed, Trade, and Kill Protected Antelope
Venado Ventures LLC, which operates Vera Ranch, “a complete outdoor destination for breeding and hunting in Texas,” has applied to the U.S. Fish & Wildlife Service for Captive Bred Wildlife (CBW) registration and a separate Endangered Species Act permit for red lechwe, a species of antelope native to the wetlands of South Central Africa. CBW registration would allow the hunting ranch to breed and trade captive-born red lechwe over a period of five years, and the ESA permit would authorize the protected antelope to be killed on their property.
Venado Ventures LLC, which operates Vera Ranch, “a complete outdoor destination for breeding and hunting in Texas,” has applied to the U.S. Fish & Wildlife Service for Captive Bred Wildlife (CBW) registration and a separate Endangered Species Act permit for red lechwe, a species of antelope native to the wetlands of South Central Africa. CBW registration would allow the hunting ranch to breed and trade captive-born red lechwe over a period of five years, and the ESA permit would authorize the protected antelope to be killed on their property.
Honolulu Zoo Seeks Permission to Breed and Trade Protected Species
The Honolulu Zoo, which lost AZA accreditation in 2016 and regained it in 2020, has applied to U.S. Fish & Wildlife Service for Captive Bred Wildlife (CBW) registration for a number of protected species, including: Asian elephant, cheetah, black rhinoceros, ring-tailed lemur, African lion, tiger, African penguin, Japanese giant salamander, radiated tortoise, Galapagos tortoise, Komodo Island monitor, Lar gibbon, Siamang, chimpanzee, orangutan, African wild dog, and gavial. CBW registration would authorize the zoo to breed and trade in captive-bred members of the enumerated species over a period of five years. FWS is seeking comments through November 18, 2021.
The Honolulu Zoo, which lost AZA accreditation in 2016 and regained it in 2020, has applied to U.S. Fish & Wildlife Service for Captive Bred Wildlife (CBW) registration for a number of protected species, including: Asian elephant, cheetah, black rhinoceros, ring-tailed lemur, African lion, tiger, African penguin, Japanese giant salamander, radiated tortoise, Galapagos tortoise, Komodo Island monitor, Lar gibbon, Siamang, chimpanzee, orangutan, African wild dog, and gavial. CBW registration would authorize the zoo to breed and trade in captive-bred members of the enumerated species over a period of five years. FWS is seeking comments through November 18, 2021.
American Museum of Natural History Seeks to Import Parrot
The American Museum of Natural History has applied to the U.S. Fish & Wildlife Service for an Endangered Species Act permit for a single import of biological samples derived from wild golden-shouldered parrots in Queensland, Australia. FWS is accepting comments through November 18, 2021.
The American Museum of Natural History has applied to the U.S. Fish & Wildlife Service for an Endangered Species Act permit for a single import of biological samples derived from wild golden-shouldered parrots in Queensland, Australia. FWS is accepting comments through November 18, 2021.
USDA Announces Eligibility of Yak for Food Safety Inspections
The Food Safety and Inspection Service announced that it has added yak to the definition of “exotic animals” that are eligible for FSIS inspection. The list also includes reindeer, elk, deer, antelope, water buffalo, bison, and buffalo.
The Food Safety and Inspection Service announced that it has added yak to the definition of “exotic animals” that are eligible for FSIS inspection. The list also includes reindeer, elk, deer, antelope, water buffalo, bison, and buffalo.
FWS Considers Permit to Allow Euthanasia of Protected Snails
The U.S. Fish & Wildlife Service is considering an Endangered Species Act recovery permit application submitted by the Hawaii Division of Forestry & Wildlife that would allow the state agency to euthanize diseased Lanai tree snails, Newcomb’s tree snails, and Oahu tree snails to prevent the spread of parasites and to allow the agency to conduct analysis of the parasite. FWS is accepting comments through November 19, 2021.
The U.S. Fish & Wildlife Service is considering an Endangered Species Act recovery permit application submitted by the Hawaii Division of Forestry & Wildlife that would allow the state agency to euthanize diseased Lanai tree snails, Newcomb’s tree snails, and Oahu tree snails to prevent the spread of parasites and to allow the agency to conduct analysis of the parasite. FWS is accepting comments through November 19, 2021.
FWS Considers Permit to Allow U.S. Navy to Harass Wildlife in Guam
The U.S. Fish & Wildlife Service is considering an Endangered Species Act recovery permit application that would allow the U.S. Navy to harass protected species of turtles, birds, and plants in the course of surveying and tagging on the island of Guam. FWS is accepting comments through November 19, 2021.
The U.S. Fish & Wildlife Service is considering an Endangered Species Act recovery permit application that would allow the U.S. Navy to harass protected species of turtles, birds, and plants in the course of surveying and tagging on the island of Guam. FWS is accepting comments through November 19, 2021.
FWS Considers Permit to Allow Scientists to Place Transponders on Protected Birds in Hawaii
The U.S. Fish & Wildlife Service is considering an Endangered Species Act recovery permit that would allow scientists with Archipelago Research and Conservation to harass Hawaiian petrel or ua’a by adding transponders. The FWS is accepting comments through November 19, 2021.
The U.S. Fish & Wildlife Service is considering an Endangered Species Act recovery permit that would allow scientists with Archipelago Research and Conservation to harass Hawaiian petrel or ua’a by adding transponders. The FWS is accepting comments through November 19, 2021.
FWS Considers Permit Application for Import of Sea Turtle Samples
An individual from New York has applied to U.S. Fish & Wildlife Service for an Endangered Species Act permit to import biological samples from wild green sea turtles and hawksbill sea turtles in Costa Rica for scientific research purposes. FWS is accepting comments through November 19, 2021.
An individual from New York has applied to U.S. Fish & Wildlife Service for an Endangered Species Act permit to import biological samples from wild green sea turtles and hawksbill sea turtles in Costa Rica for scientific research purposes. FWS is accepting comments through November 19, 2021.
Arizona Zoo Applies for Authorization to Trade in Endangered Species
The AZA-accredited Reid Park Zoo in Tucson, Arizona, has applied to the U.S. Fish & Wildlife Service for Captive-Bred Wildlife (CBW) registration for the following protected species: Grevy’s zebra, Baird’s tapir, white rhinoceros, Galapagos tortoise, military macaw, African elephant, ring-tailed lemur, black and white ruffed lemur, lion-tailed macaque, Lar gibbon, and African wild dog. CBW registration for the specified species will allow the zoo to breed and trade members of the listed species for five years without seeking individual Endangered Species Act permits. FWS is accepting comments through November 19, 2021.
The AZA-accredited Reid Park Zoo in Tucson, Arizona, has applied to the U.S. Fish & Wildlife Service for Captive-Bred Wildlife (CBW) registration for the following protected species: Grevy’s zebra, Baird’s tapir, white rhinoceros, Galapagos tortoise, military macaw, African elephant, ring-tailed lemur, black and white ruffed lemur, lion-tailed macaque, Lar gibbon, and African wild dog. CBW registration for the specified species will allow the zoo to breed and trade members of the listed species for five years without seeking individual Endangered Species Act permits. FWS is accepting comments through November 19, 2021.
New Yorker Applies for Authorization to Breed and Trade Protected Tortoises
Antonin Dvorak of Williamsville, New York, has applied to the U.S. Fish & Wildlife Service for Captive Bred Wildlife registration for radiated tortoises, which would allow Mr. Dvorak to breed and trade in the protected tortoises for a period of five years. FWS is accepting comment through November 19, 2021.
Antonin Dvorak of Williamsville, New York, has applied to the U.S. Fish & Wildlife Service for Captive Bred Wildlife registration for radiated tortoises, which would allow Mr. Dvorak to breed and trade in the protected tortoises for a period of five years. FWS is accepting comment through November 19, 2021.
Michigan Zoo Applies for Authorization to Breed and Trade Protected Species
The Binder Park Zoo, an AZA-accredited zoo in Battle Creek, Michigan, has applied to U.S. Fish & Wildlife Service for Captive-Bred Wildlife registration for the following species: bontebok, cheetah, African wild dog, Panamanian golden frog, red-necked gazelle, Przewalski’s horse, snow leopard, ring-tailed lemur, black and white ruffed lemur, red collared lemur, and African lion. CBW registration would authorize the zoo to breed and trade in the protected species for a period of five years. FWS is accepting comments through November 19, 2021.
The Binder Park Zoo, an AZA-accredited zoo in Battle Creek, Michigan, has applied to U.S. Fish & Wildlife Service for Captive-Bred Wildlife registration for the following species: bontebok, cheetah, African wild dog, Panamanian golden frog, red-necked gazelle, Przewalski’s horse, snow leopard, ring-tailed lemur, black and white ruffed lemur, red collared lemur, and African lion. CBW registration would authorize the zoo to breed and trade in the protected species for a period of five years. FWS is accepting comments through November 19, 2021.
National Science Foundation Considers Permit for Penguin Research
The National Science Foundation has received an application for a permit under the Antarctic Conservation Act that would allow a researcher from Stony Brook University to conduct research on penguins in the Weddell Sea region of Antarctica between January 1, 2022, through April 1, 2022, using drones. The public comment period is open through November 19, 2021.
The National Science Foundation has received an application for a permit under the Antarctic Conservation Act that would allow a researcher from Stony Brook University to conduct research on penguins in the Weddell Sea region of Antarctica between January 1, 2022, through April 1, 2022, using drones. The public comment period is open through November 19, 2021.
FSIS Announces Recall of Lamb Products
The Food Safety and Inspection Service announced that AFFCO USA, a Jacksonville, Florida-based company is recalling 24,461 pounds of frozen raw lamb shoulder products that were distributed to retailers without required re-inspection by the USDA when they were imported from New Zealand on July 12, 2021. The recall affects distributors in Florida, Michigan, Missouri, New York, and Pennsylvania.
The Food Safety and Inspection Service announced that AFFCO USA, a Jacksonville, Florida-based company is recalling 24,461 pounds of frozen raw lamb shoulder products that were distributed to retailers without required re-inspection by the USDA when they were imported from New Zealand on July 12, 2021. The recall affects distributors in Florida, Michigan, Missouri, New York, and Pennsylvania.
FWS Designates Critical Habitat for Protected Snakes
The U.S. Fish & Wildlife Service announced the designation of 23,785 total acres in Arizona and New Mexico as critical habitat for the narrow-headed garter snake. The designation becomes effective November 22, 2021.
The U.S. Fish & Wildlife Service announced the designation of 23,785 total acres in Arizona and New Mexico as critical habitat for the narrow-headed garter snake. The designation becomes effective November 22, 2021.
Kentucky Wildlife Agency Proposes Ban on Use of Endangered Species for Entertainment
The Kentucky Department of Fish & Wildlife Resources has announced a proposed rule change that would prohibit: 1) the possession or transport of animals on the federal Endangered Species List by anyone other than Association of Zoos and Aquariums-accredited zoos; 2) public contact with big cats and other captive exotic and wild animals; and 3) the use of elephants, tigers, and other federally protected animals for circuses. The agency held a public hearing on October 22, 2021, and is accepting written comments through October 31, 2021.
The Kentucky Department of Fish & Wildlife Resources has announced a proposed rule change that would prohibit: 1) the possession or transport of animals on the federal Endangered Species List by anyone other than Association of Zoos and Aquariums-accredited zoos; 2) public contact with big cats and other captive exotic and wild animals; and 3) the use of elephants, tigers, and other federally protected animals for circuses. The agency held a public hearing on October 22, 2021, and is accepting written comments through October 31, 2021.
National Marine Fisheries Service Considers Harm to Humpback Whales
The National Marine Fisheries Service is proposing a permit to authorize the incidental––but not intentional––harm or harassment of humpback whales during commercial fishing operations in the Washington/Oregon/California sablefish pot fishery over the next three years. The permit may only lawfully be issued if the impact on humpback whales is found to be “negligible.” NMFS is accepting comments through November 8, 2021.
The National Marine Fisheries Service is proposing a permit to authorize the incidental––but not intentional––harm or harassment of humpback whales during commercial fishing operations in the Washington/Oregon/California sablefish pot fishery over the next three years. The permit may only lawfully be issued if the impact on humpback whales is found to be “negligible.” NMFS is accepting comments through November 8, 2021.
International Updates
Articles
Mexican State Introduces Legislation to Prohibit Public Contact with Big Cats
Quintana Roo, the Mexican state on the Yucatan peninsula that banned the use of exotic animals in circuses in 2014, has introduced legislation that would prohibit public contact with big cats. Photo ops, opportunities to bottle feed cubs, and other direct contact encounters are very lucrative for exhibitors and are the genesis of the steady supply of cubs who frequently end up in the exotic pet trade once they age out of photo ops. Bills that prohibit public contact have a significant impact on the exotic pet trade by removing the financial incentive for exhibitors to keep breeding them.
Quintana Roo, the Mexican state on the Yucatan peninsula that banned the use of exotic animals in circuses in 2014, has introduced legislation that would prohibit public contact with big cats. Photo ops, opportunities to bottle feed cubs, and other direct contact encounters are very lucrative for exhibitors and are the genesis of the steady supply of cubs who frequently end up in the exotic pet trade once they age out of photo ops. Bills that prohibit public contact have a significant impact on the exotic pet trade by removing the financial incentive for exhibitors to keep breeding them.
Hippopotami Recognized as Legal Persons by Courts in Colombia and the United States
In a lawsuit brought on behalf of the progeny of hippos smuggled into Columbia by Pablo Escobar, courts in Colombia and the United States have recognized the hippos as legal persons for purpose of bringing a lawsuit to protect the introduced species from being culled. Colombian authorities have been discussing killing the population of approximately 100 hippos since 2009, and attorneys have filed a lawsuit on their behalf since Colombia allows animals to sue to protect their interests. The Animal Defense League Fund applied on behalf of the hippos for two wildlife experts from Ohio to share their expertise about non-surgical sterilization. The U.S. District Court for the Southern District of Ohio granted the application, thereby accepting the underlying legal premise of the suit that the hippos are legal persons in the process.
In a lawsuit brought on behalf of the progeny of hippos smuggled into Columbia by Pablo Escobar, courts in Colombia and the United States have recognized the hippos as legal persons for purpose of bringing a lawsuit to protect the introduced species from being culled. Colombian authorities have been discussing killing the population of approximately 100 hippos since 2009, and attorneys have filed a lawsuit on their behalf since Colombia allows animals to sue to protect their interests. The Animal Defense League Fund applied on behalf of the hippos for two wildlife experts from Ohio to share their expertise about non-surgical sterilization. The U.S. District Court for the Southern District of Ohio granted the application, thereby accepting the underlying legal premise of the suit that the hippos are legal persons in the process.