The Center for Biological Diversity (CBD), represented by Harvard Law School’s Animal Law & Policy Clinic, has sued the U.S. Fish & Wildlife Service (FWS) in the United States District Court for the District of Arizona under the federal Freedom of Information Act for refusing to release basic data about wildlife traded across U.S. borders. Despite previous court orders demanding that the agency release public records about the role of the U.S. in the wildlife trade (e.g., species’ names, import quantities, countries of origin, and names of importers and exporters), FWS has refused to produce any such records since 2016. CBD is seeking declaratory and injunctive relief, as well as attorney’s fees and immediate production of responsive records.
This Week's Spotlights
Case Law Updates - Federal Case Law Updates
Lawsuit Demands Access to Public Records Concerning Wildlife Trade
Agency Updates
USDA Experiments with Increased Line Speed for Pig Slaughter
The USDA’s Food Safety and Inspection Service is inviting pork producers to increase slaughter line speeds during a one-year trial period after a federal judge ruled that the USDA had improperly eliminated line speed limitations in March 2021 due to workplace safety concerns associated with faster processing. During the pilot program, processing plants will work with labor unions and other worker safety communities to implement workplace safety measures and share data with the Occupational Safety and Health Administration to help shape future industry regulations.
The USDA’s Food Safety and Inspection Service is inviting pork producers to increase slaughter line speeds during a one-year trial period after a federal judge ruled that the USDA had improperly eliminated line speed limitations in March 2021 due to workplace safety concerns associated with faster processing. During the pilot program, processing plants will work with labor unions and other worker safety communities to implement workplace safety measures and share data with the Occupational Safety and Health Administration to help shape future industry regulations.
FWS Withdraws Proposed Rule Changes for Red Wolves
The U.S. Fish & Wildlife Service (FWS) has withdrawn proposed rule changes that would have established broader authorization for landowners to kill red wolves in North Carolina. FWS’ decision was informed by a federal court ruling that the agency had violated the Endangered Species Act by allowing landowners to kill red wolves when they wandered onto landowner property.
The U.S. Fish & Wildlife Service (FWS) has withdrawn proposed rule changes that would have established broader authorization for landowners to kill red wolves in North Carolina. FWS’ decision was informed by a federal court ruling that the agency had violated the Endangered Species Act by allowing landowners to kill red wolves when they wandered onto landowner property.
International Updates
French Parliament Passes Dramatic Overhauls to Existing Animal Welfare Laws
The French Parliament voted in favor of sweeping changes to existing national animal protection laws. The changes include: a ban on the use of exotic animals for circuses, television shows, nightclubs, and parties; a ban on mink farming; a ban on live dolphin shows; and an increase in the maximum criminal penalties for animal cruelty convictions of up to five years in prison and the equivalent of up to $85,000 in fines. The legislation now awaits the signature of French President Emmanuel Macron, who referred to the changes as a “historic step” for animal welfare.
The French Parliament voted in favor of sweeping changes to existing national animal protection laws. The changes include: a ban on the use of exotic animals for circuses, television shows, nightclubs, and parties; a ban on mink farming; a ban on live dolphin shows; and an increase in the maximum criminal penalties for animal cruelty convictions of up to five years in prison and the equivalent of up to $85,000 in fines. The legislation now awaits the signature of French President Emmanuel Macron, who referred to the changes as a “historic step” for animal welfare.
Legislative Updates
Pending Federal Actions
Senate Bill Would Permanently Authorize Anti-Wildlife Trafficking Task Force
U.S. Senators Chris Coons and Rob Portman have introduced Senate Bill 3211, the “Eliminate, Neutralize, and Disrupt Wildlife Trafficking Reauthorization and Improvements Act of 2021,” which would permanently reauthorize the activities of the Presidential Task Force on Wildlife Trafficking, created by Executive Order 13648 in 2013. The bill has been referred to the Committee on Foreign Relations.
U.S. Senators Chris Coons and Rob Portman have introduced Senate Bill 3211, the “Eliminate, Neutralize, and Disrupt Wildlife Trafficking Reauthorization and Improvements Act of 2021,” which would permanently reauthorize the activities of the Presidential Task Force on Wildlife Trafficking, created by Executive Order 13648 in 2013. The bill has been referred to the Committee on Foreign Relations.
Bills to Prohibit Use of Exotic Animals in Circuses Reintroduced in House and Senate
Senators Rob Menendez and Dick Blumenthal have reintroduced Senate Bill 3220 and Representative Raul Grijalva has reintroduced House Resolution 5999, the “Traveling Exotic Animal and Public Safety Protection Act of 2021.” The bills intend to amend the federal Animal Welfare Act to prohibit the use of wild and exotic animals for traveling performances. The Senate bill has been referred to the Senate Committee on Agriculture, Nutrition, and Forestry and the House bill has been referred to the House Committee on Ways and Means.
Senators Rob Menendez and Dick Blumenthal have reintroduced Senate Bill 3220 and Representative Raul Grijalva has reintroduced House Resolution 5999, the “Traveling Exotic Animal and Public Safety Protection Act of 2021.” The bills intend to amend the federal Animal Welfare Act to prohibit the use of wild and exotic animals for traveling performances. The Senate bill has been referred to the Senate Committee on Agriculture, Nutrition, and Forestry and the House bill has been referred to the House Committee on Ways and Means.
Pending State Actions
New York Bill Would Empower Localities to Ban Fur
New York Assembly Bill 8442 would amend the state’s Environmental Conservation Law by authorizing local governments to restrict the trade or sale of real fur products. The bill has been referred to the Assembly Committee on Environmental Conservation.
New York Assembly Bill 8442 would amend the state’s Environmental Conservation Law by authorizing local governments to restrict the trade or sale of real fur products. The bill has been referred to the Assembly Committee on Environmental Conservation.
New York Bill Would Mandate Mental Health Evaluations for Certain Animal-Related Crimes
New York Assembly Bill 8443 would amend the New York Agriculture and Markets Law to mandate mental health evaluations when a defendant is convicted of certain animal fighting crimes or aggravated cruelty to animals. The bill has been referred to the Assembly’s Agriculture Committee.
New York Assembly Bill 8443 would amend the New York Agriculture and Markets Law to mandate mental health evaluations when a defendant is convicted of certain animal fighting crimes or aggravated cruelty to animals. The bill has been referred to the Assembly’s Agriculture Committee.
Florida Bill Would Require Licensure and Periodic Inspections of Retail Pet Stores
Florida Senate Bill 994, the “Florida Pet Protection Act,” requires the licensure of retail pet stores, limits the sources from which pet stores may acquire household pets for sale, requires periodic audits of pet store sales records, and would establish minimum housing requirements for animals in retail pet stores. If passed, the legislation would become effective July 1, 2022.
Florida Senate Bill 994, the “Florida Pet Protection Act,” requires the licensure of retail pet stores, limits the sources from which pet stores may acquire household pets for sale, requires periodic audits of pet store sales records, and would establish minimum housing requirements for animals in retail pet stores. If passed, the legislation would become effective July 1, 2022.
Kansas Bill Would Authorize Lifetime Hunting and Fishing Licenses for Children
Kansas House Bill 2456 would authorize the Secretary of Wildlife and Parks to issue lifetime hunting and fishing licenses to children five years of age and under.
Kansas House Bill 2456 would authorize the Secretary of Wildlife and Parks to issue lifetime hunting and fishing licenses to children five years of age and under.
Case Law Updates
Federal Case Law Updates
Lawsuit Demands Access to Public Records Concerning Wildlife Trade
The Center for Biological Diversity (CBD), represented by Harvard Law School’s Animal Law & Policy Clinic, has sued the U.S. Fish & Wildlife Service (FWS) in the United States District Court for the District of Arizona under the federal Freedom of Information Act for refusing to release basic data about wildlife traded across U.S. borders. Despite previous court orders demanding that the agency release public records about the role of the U.S. in the wildlife trade (e.g., species’ names, import quantities, countries of origin, and names of importers and exporters), FWS has refused to produce any such records since 2016. CBD is seeking declaratory and injunctive relief, as well as attorney’s fees and immediate production of responsive records.
The Center for Biological Diversity (CBD), represented by Harvard Law School’s Animal Law & Policy Clinic, has sued the U.S. Fish & Wildlife Service (FWS) in the United States District Court for the District of Arizona under the federal Freedom of Information Act for refusing to release basic data about wildlife traded across U.S. borders. Despite previous court orders demanding that the agency release public records about the role of the U.S. in the wildlife trade (e.g., species’ names, import quantities, countries of origin, and names of importers and exporters), FWS has refused to produce any such records since 2016. CBD is seeking declaratory and injunctive relief, as well as attorney’s fees and immediate production of responsive records.
Agency Updates
FSIS Announces Recall of Salami Sticks Due to Possible Salmonella Contamination
The USDA’s Food Safety and Inspection Service (FSIS) announced that Euro Foods, dba Citerio USA, a Pennsylvania-based company, is recalling 119,091 pounds of salami stick products. FSIS issued a public health alert on October 29, 2021, believing that the products were no longer in circulation. However, Citerio announced the recall after samples taken by the California Department of Health tested positive for salmonella.
The USDA’s Food Safety and Inspection Service (FSIS) announced that Euro Foods, dba Citerio USA, a Pennsylvania-based company, is recalling 119,091 pounds of salami stick products. FSIS issued a public health alert on October 29, 2021, believing that the products were no longer in circulation. However, Citerio announced the recall after samples taken by the California Department of Health tested positive for salmonella.
USDA Experiments with Increased Line Speed for Pig Slaughter
The USDA’s Food Safety and Inspection Service is inviting pork producers to increase slaughter line speeds during a one-year trial period after a federal judge ruled that the USDA had improperly eliminated line speed limitations in March 2021 due to workplace safety concerns associated with faster processing. During the pilot program, processing plants will work with labor unions and other worker safety communities to implement workplace safety measures and share data with the Occupational Safety and Health Administration to help shape future industry regulations.
The USDA’s Food Safety and Inspection Service is inviting pork producers to increase slaughter line speeds during a one-year trial period after a federal judge ruled that the USDA had improperly eliminated line speed limitations in March 2021 due to workplace safety concerns associated with faster processing. During the pilot program, processing plants will work with labor unions and other worker safety communities to implement workplace safety measures and share data with the Occupational Safety and Health Administration to help shape future industry regulations.
Oklahoma State University Petitions USDA to Reclassify Beef Hide as Edible
The Robert Kerr Food and Agricultural Products Center (FAPC) at Oklahoma State University submitted a petition for rulemaking to the U.S. Department of Agriculture Food Safety and Inspection Service, asking the agency to remove “hides” from the list of items classified as inedible in existing regulations. The FAPC argues that there is a “strong market demand” for consumable beef hide products and is working on a process to develop edible beef hide. The USDA responded, noting that it had referred the petition to the Office of Policy and Program Development as petition 21-03.
The Robert Kerr Food and Agricultural Products Center (FAPC) at Oklahoma State University submitted a petition for rulemaking to the U.S. Department of Agriculture Food Safety and Inspection Service, asking the agency to remove “hides” from the list of items classified as inedible in existing regulations. The FAPC argues that there is a “strong market demand” for consumable beef hide products and is working on a process to develop edible beef hide. The USDA responded, noting that it had referred the petition to the Office of Policy and Program Development as petition 21-03.
FWS Withdraws Proposed Rule Changes for Red Wolves
The U.S. Fish & Wildlife Service (FWS) has withdrawn proposed rule changes that would have established broader authorization for landowners to kill red wolves in North Carolina. FWS’ decision was informed by a federal court ruling that the agency had violated the Endangered Species Act by allowing landowners to kill red wolves when they wandered onto landowner property.
The U.S. Fish & Wildlife Service (FWS) has withdrawn proposed rule changes that would have established broader authorization for landowners to kill red wolves in North Carolina. FWS’ decision was informed by a federal court ruling that the agency had violated the Endangered Species Act by allowing landowners to kill red wolves when they wandered onto landowner property.
National Marine Fisheries Service Seeks Information about Endangered Shark Species
The National Marine Fisheries Service (NMFS) has commenced its five-year review of the common angelshark, a critically endangered species. The Endangered Species Act requires evaluation of all listed species every five years in order to consider best available scientific data to ensure that the listing class is still accurate. NMFS is seeking public input through January 14, 2022.
The National Marine Fisheries Service (NMFS) has commenced its five-year review of the common angelshark, a critically endangered species. The Endangered Species Act requires evaluation of all listed species every five years in order to consider best available scientific data to ensure that the listing class is still accurate. NMFS is seeking public input through January 14, 2022.
National Oceanic and Atmospheric Administration Issues Rules Governing Marine Sanctuary
The National Oceanic and Atmospheric Administration announced issuance of final rules and management plan relating to the Monterey Bay National Marine Sanctuary, which exists on 276 miles of shoreline between Marin County and San Louis Obispo County, Calif. The rules become effective December 15, 2021.
The National Oceanic and Atmospheric Administration announced issuance of final rules and management plan relating to the Monterey Bay National Marine Sanctuary, which exists on 276 miles of shoreline between Marin County and San Louis Obispo County, Calif. The rules become effective December 15, 2021.
NMFS Takes Action to Prevent Over-harvesting of Atlantic Herring
The National Marine Fisheries Service has imposed a 2,000-pound possession limit for Atlantic herring in Management Area 1A in order to prevent fishers from exceeding the annual catch limit. The limitation is effective November 11, 2021, through December 31, 2021, and NMFS waived notice and comment due to the urgency of the situation.
The National Marine Fisheries Service has imposed a 2,000-pound possession limit for Atlantic herring in Management Area 1A in order to prevent fishers from exceeding the annual catch limit. The limitation is effective November 11, 2021, through December 31, 2021, and NMFS waived notice and comment due to the urgency of the situation.
FSIS Announces Recall of Ground Beef Products
The USDA’s Food Safety and Inspection Service announced the recall of 6,876 pounds of raw ground beef products produced by Phoenix-based Shamrock Foods, dba Gold Canyon Meat, due to possible contamination with hard white plastic pieces. The recall impacts beef chuck patties that were distributed to restaurants in California and Arizona.
The USDA’s Food Safety and Inspection Service announced the recall of 6,876 pounds of raw ground beef products produced by Phoenix-based Shamrock Foods, dba Gold Canyon Meat, due to possible contamination with hard white plastic pieces. The recall impacts beef chuck patties that were distributed to restaurants in California and Arizona.
FWS Adds Rare Mussel to Endangered Species List
The U.S. Fish & Wildlife Service announced that it is adding the Atlantic pigtoe, a freshwater mussel species found in North Carolina and Virginia, to the Endangered Species List as a threatened species. It is designating 563 river miles in both states as critical habitat. These actions become effective December 16, 2021.
The U.S. Fish & Wildlife Service announced that it is adding the Atlantic pigtoe, a freshwater mussel species found in North Carolina and Virginia, to the Endangered Species List as a threatened species. It is designating 563 river miles in both states as critical habitat. These actions become effective December 16, 2021.
NMFS Authorizes Harm to Protected Salmon Species During Forest Management
The National Marine Fisheries Service has issued an Incidental Take Permit (ITP) for Sierra Pacific Land & Timber Company to harm Chinook salmon, Coho salmon, and Steelhead salmon incidental to forest management in the Trinity and Sacramento River Basin areas over the next fifty years. The ITP also extends permission to harm currently unprotected species of salmon if they are added to the Endangered Species List at any point over the next fifty years.
The National Marine Fisheries Service has issued an Incidental Take Permit (ITP) for Sierra Pacific Land & Timber Company to harm Chinook salmon, Coho salmon, and Steelhead salmon incidental to forest management in the Trinity and Sacramento River Basin areas over the next fifty years. The ITP also extends permission to harm currently unprotected species of salmon if they are added to the Endangered Species List at any point over the next fifty years.
FWS Proposes Removal of Freshwater Fish Species from List of Protected Species
The U.S. Fish & Wildlife Service (FWS) announced its intention to remove the Okaloosa darter, a small freshwater fish, from the Endangered Species List after determining that the best scientific information available indicates that the fish no longer meets the definition of an imperiled species. The FWS is seeking comments on its proposed action through January 18, 2022.
The U.S. Fish & Wildlife Service (FWS) announced its intention to remove the Okaloosa darter, a small freshwater fish, from the Endangered Species List after determining that the best scientific information available indicates that the fish no longer meets the definition of an imperiled species. The FWS is seeking comments on its proposed action through January 18, 2022.
Permit Would Allow Incidental Harm to Rare Lizard During Construction Project
The U.S. Fish & Wildlife Service (FWS) has received an application for unintentional harm to sand skink, a protected species of lizard, incidental to a construction project in Lake County, Fla. The FWS has made a preliminary determination that the construction project would have a “low effect” on the imperiled lizard and is accepting public comments through December 17, 2021.
The U.S. Fish & Wildlife Service (FWS) has received an application for unintentional harm to sand skink, a protected species of lizard, incidental to a construction project in Lake County, Fla. The FWS has made a preliminary determination that the construction project would have a “low effect” on the imperiled lizard and is accepting public comments through December 17, 2021.
Permit Would Authorize Incidental Harm to Rare Salamanders During Construction Project
The U.S. Fish & Wildlife Service (FWS) is considering issuance of an incidental take permit (ITP) that would authorize harm to the Central California Distinct Population Segment of California tiger salamanders incidental to a construction project in San Benito County, Calif. FWS is seeking public comments on the potential effects on the natural and human environment resulting from issuance of the ITP. FWS is accepting comments through December 20, 2021.
The U.S. Fish & Wildlife Service (FWS) is considering issuance of an incidental take permit (ITP) that would authorize harm to the Central California Distinct Population Segment of California tiger salamanders incidental to a construction project in San Benito County, Calif. FWS is seeking public comments on the potential effects on the natural and human environment resulting from issuance of the ITP. FWS is accepting comments through December 20, 2021.
Permit Would Authorize Property Developer to Harm Rare Birds During Construction Project
A property developer has applied to the U.S. Fish & Wildlife Service (FWS) for an Incidental Take Permit (ITP) that would authorize the applicant to harm protected scrub-jays incidental to a mixed-use commercial development plan in Volusia County, Fla. FWS has made a preliminary determination that the construction would have a “low effect” on the protected species and is seeking public comments on the ITP and the applicants proposed habitat conservation plan through December 20, 2021.
A property developer has applied to the U.S. Fish & Wildlife Service (FWS) for an Incidental Take Permit (ITP) that would authorize the applicant to harm protected scrub-jays incidental to a mixed-use commercial development plan in Volusia County, Fla. FWS has made a preliminary determination that the construction would have a “low effect” on the protected species and is seeking public comments on the ITP and the applicants proposed habitat conservation plan through December 20, 2021.
Permit Amendment Would Allow Research on Additional Elephant Seals
The National Marine Fisheries Service (NMFS) and National Oceanic and Atmospheric Administration (NOAA) have received an application to amend an existing scientific research permit to allow the applicant to tag additional elephant seals along the California coast. If the amendment is authorized, the applicant’s permit will allow her to “harass” ten additional elephant seals up to twice per year during the course of tagging, measuring, and other evaluation annually through March 31, 2024. NMFS and NOAA are seeking comments through December 20, 2021.
The National Marine Fisheries Service (NMFS) and National Oceanic and Atmospheric Administration (NOAA) have received an application to amend an existing scientific research permit to allow the applicant to tag additional elephant seals along the California coast. If the amendment is authorized, the applicant’s permit will allow her to “harass” ten additional elephant seals up to twice per year during the course of tagging, measuring, and other evaluation annually through March 31, 2024. NMFS and NOAA are seeking comments through December 20, 2021.
Federal Agencies Seek Public Input on Proposed Marine Sanctuary in Hawaii
The National Oceanic and Atmospheric Administration (NOAA), in conjunction with the U.S. Fish & Wildlife Service (FWS), is initiating a process to designate a national marine sanctuary within the Papahānaumokuākea Marine National Monument, which encompasses 583,000 square miles of ocean and includes ten islands and atolls near the Northwestern Hawaiian Islands. NOAA and FWS are seeking public comments to assist with the preparation of an environmental impact statement. NOAA will host four virtual public scoping meetings in December and will allow for comments in both English and Hawaiian. The public comment period is open through January 31, 2022.
The National Oceanic and Atmospheric Administration (NOAA), in conjunction with the U.S. Fish & Wildlife Service (FWS), is initiating a process to designate a national marine sanctuary within the Papahānaumokuākea Marine National Monument, which encompasses 583,000 square miles of ocean and includes ten islands and atolls near the Northwestern Hawaiian Islands. NOAA and FWS are seeking public comments to assist with the preparation of an environmental impact statement. NOAA will host four virtual public scoping meetings in December and will allow for comments in both English and Hawaiian. The public comment period is open through January 31, 2022.
NMFS Imposes Immediate Limitations on Cod Fishing in Gulf of Alaska
The National Marine Fisheries Service announced an immediate prohibition on hook and line fishing for Pacific cod in the Central Regulatory Area of the Gulf of Alaska in order to prevent fishers from exceeding the 2021 total allowable catch allowance. The prohibition is effective from November 15, 2021, through December 31, 2021.
The National Marine Fisheries Service announced an immediate prohibition on hook and line fishing for Pacific cod in the Central Regulatory Area of the Gulf of Alaska in order to prevent fishers from exceeding the 2021 total allowable catch allowance. The prohibition is effective from November 15, 2021, through December 31, 2021.
NOAA Extends Comment Period on Angler Interactions with Sea Turtles
The National Oceanic and Atmospheric Administration, with the Department of Commerce, has extended the information collection period on shore-based fishing interactions with sea turtles by thirty days. The new deadline for recreational anglers to report hook and line interactions with sea turtles is December 19, 2021.
The National Oceanic and Atmospheric Administration, with the Department of Commerce, has extended the information collection period on shore-based fishing interactions with sea turtles by thirty days. The new deadline for recreational anglers to report hook and line interactions with sea turtles is December 19, 2021.
International Updates
French Parliament Passes Dramatic Overhauls to Existing Animal Welfare Laws
The French Parliament voted in favor of sweeping changes to existing national animal protection laws. The changes include: a ban on the use of exotic animals for circuses, television shows, nightclubs, and parties; a ban on mink farming; a ban on live dolphin shows; and an increase in the maximum criminal penalties for animal cruelty convictions of up to five years in prison and the equivalent of up to $85,000 in fines. The legislation now awaits the signature of French President Emmanuel Macron, who referred to the changes as a “historic step” for animal welfare.
The French Parliament voted in favor of sweeping changes to existing national animal protection laws. The changes include: a ban on the use of exotic animals for circuses, television shows, nightclubs, and parties; a ban on mink farming; a ban on live dolphin shows; and an increase in the maximum criminal penalties for animal cruelty convictions of up to five years in prison and the equivalent of up to $85,000 in fines. The legislation now awaits the signature of French President Emmanuel Macron, who referred to the changes as a “historic step” for animal welfare.