House Resolution 8514, the “Strengthening Welfare in Marine Settings (SWIMS) Act,” would amend the Marine Mammal Protection Act and the Animal Welfare Act to prohibit the taking, importation, exportation, and breeding of certain cetaceans for public display. The bill was introduced by Representatives Adam Schiff, Suzan DelBene, and Jared Huffman, and has been referred to the House Committee on Natural Resources and the House Agriculture Committee.
This Week's Spotlights
Legislative Updates - Pending Federal Actions
SWIMS Act Would End Exploitation of Orcas and Other Cetaceans for Public Display
U.S. House of Representatives Passes Big Cat Public Safety Act on International Tiger Day
The U.S. House of Representatives passed House Resolution 263, the Big Cat Public Safety Act, by a vote of 278-134. The bill would resolve the country’s patchwork of exotic pet laws by banning the private ownership of big cats in all fifty states, and prohibiting exhibitors from offering lucrative physical contact sessions with captive cats that contributes to animal trafficking. The measure has been reintroduced multiple times over successive sessions and is endorsed by major organizations such as the National Sheriffs’ Association and the Association of Zoos and Aquariums.
The U.S. House of Representatives passed House Resolution 263, the Big Cat Public Safety Act, by a vote of 278-134. The bill would resolve the country’s patchwork of exotic pet laws by banning the private ownership of big cats in all fifty states, and prohibiting exhibitors from offering lucrative physical contact sessions with captive cats that contributes to animal trafficking. The measure has been reintroduced multiple times over successive sessions and is endorsed by major organizations such as the National Sheriffs’ Association and the Association of Zoos and Aquariums.
Federal Court Case Law Updates
Advocacy Groups File Motion for Summary Judgment in Case Challenging USDA’s Refusal to Update Primate Regulations
Rise for Animals and the Animal Legal Defense Fund, represented by Harvard Law School’s Animal Law and Policy Clinic, filed a Motion for Summary Judgment in their lawsuit challenging the U.S. Department of Agriculture’s (USDA) decision to deny plaintiffs’ petition for the USDA to update its requirements for the psychological wellbeing of nonhuman primates used in scientific research. The case is pending in the U.S. District Court for the District of Maryland.
Rise for Animals and the Animal Legal Defense Fund, represented by Harvard Law School’s Animal Law and Policy Clinic, filed a Motion for Summary Judgment in their lawsuit challenging the U.S. Department of Agriculture’s (USDA) decision to deny plaintiffs’ petition for the USDA to update its requirements for the psychological wellbeing of nonhuman primates used in scientific research. The case is pending in the U.S. District Court for the District of Maryland.
Agency Updates
USDA Announces Intent to Declare Salmonella an Adulterant in Certain Chicken Products
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced its intent to declare Salmonella an adulterant in breaded and stuffed raw chicken products. By declaring Salmonella an adulterant in these products, FSIS will be better able to prevent contaminated products from being sold to consumers by subjecting producers to regulatory action if they sell products that exceed a very low level of Salmonella.
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced its intent to declare Salmonella an adulterant in breaded and stuffed raw chicken products. By declaring Salmonella an adulterant in these products, FSIS will be better able to prevent contaminated products from being sold to consumers by subjecting producers to regulatory action if they sell products that exceed a very low level of Salmonella.
International Updates
IUCN Adds Migratory Monarch Butterfly to the Red List of Threatened Species
The International Union for the Conservation of Nature (IUCN) added the migratory monarch butterfly to the IUCN Red List of Threatened Species. IUCN reports that the western population of the monarch subspecies is at the greatest risk of extinction after being decimated by 99.9% between the 1980s and 2021. The IUCN notes that climate change is believed to be the most significant threat to the rare species of butterfly.
The International Union for the Conservation of Nature (IUCN) added the migratory monarch butterfly to the IUCN Red List of Threatened Species. IUCN reports that the western population of the monarch subspecies is at the greatest risk of extinction after being decimated by 99.9% between the 1980s and 2021. The IUCN notes that climate change is believed to be the most significant threat to the rare species of butterfly.
Legislative Updates
Pending Federal Actions
SWIMS Act Would End Exploitation of Orcas and Other Cetaceans for Public Display
House Resolution 8514, the “Strengthening Welfare in Marine Settings (SWIMS) Act,” would amend the Marine Mammal Protection Act and the Animal Welfare Act to prohibit the taking, importation, exportation, and breeding of certain cetaceans for public display. The bill was introduced by Representatives Adam Schiff, Suzan DelBene, and Jared Huffman, and has been referred to the House Committee on Natural Resources and the House Agriculture Committee.
House Resolution 8514, the “Strengthening Welfare in Marine Settings (SWIMS) Act,” would amend the Marine Mammal Protection Act and the Animal Welfare Act to prohibit the taking, importation, exportation, and breeding of certain cetaceans for public display. The bill was introduced by Representatives Adam Schiff, Suzan DelBene, and Jared Huffman, and has been referred to the House Committee on Natural Resources and the House Agriculture Committee.
Appropriations Bill Establishes Funding for Endangered Species Act for Fiscal Year 2023
Senate Bill 4686 would establish appropriations for the Department of the Interior for Fiscal Year 2023. The bill, which would prohibit the U.S. Fish & Wildlife Service from using more than $25,946,000 of its $1,602,847,000 budget for Endangered Species Act listing and habitat-related actions, has been referred to the Senate Appropriations Committee.
Senate Bill 4686 would establish appropriations for the Department of the Interior for Fiscal Year 2023. The bill, which would prohibit the U.S. Fish & Wildlife Service from using more than $25,946,000 of its $1,602,847,000 budget for Endangered Species Act listing and habitat-related actions, has been referred to the Senate Appropriations Committee.
U.S. House of Representatives Passes Big Cat Public Safety Act on International Tiger Day
The U.S. House of Representatives passed House Resolution 263, the Big Cat Public Safety Act, by a vote of 278-134. The bill would resolve the country’s patchwork of exotic pet laws by banning the private ownership of big cats in all fifty states, and prohibiting exhibitors from offering lucrative physical contact sessions with captive cats that contributes to animal trafficking. The measure has been reintroduced multiple times over successive sessions and is endorsed by major organizations such as the National Sheriffs’ Association and the Association of Zoos and Aquariums.
The U.S. House of Representatives passed House Resolution 263, the Big Cat Public Safety Act, by a vote of 278-134. The bill would resolve the country’s patchwork of exotic pet laws by banning the private ownership of big cats in all fifty states, and prohibiting exhibitors from offering lucrative physical contact sessions with captive cats that contributes to animal trafficking. The measure has been reintroduced multiple times over successive sessions and is endorsed by major organizations such as the National Sheriffs’ Association and the Association of Zoos and Aquariums.
House Bill Would Provide Financial and Marketing Assistance to Small Cattle Operations
House Resolution 8590, the “Small Family Farmer and Rancher Relief Act,” would provide small cattle operations with financial assistance, and help small ranchers access new marketing opportunities. The measure would also increase government subsidies for premiums for ranchers insuring herds of 100 cattle or less under the Livestock Risk Protection program. The bill was introduced by Representative David Scott, and has been referred to the House Agriculture Committee.
House Resolution 8590, the “Small Family Farmer and Rancher Relief Act,” would provide small cattle operations with financial assistance, and help small ranchers access new marketing opportunities. The measure would also increase government subsidies for premiums for ranchers insuring herds of 100 cattle or less under the Livestock Risk Protection program. The bill was introduced by Representative David Scott, and has been referred to the House Agriculture Committee.
Case Law Updates
Federal Court Updates
Swinomish Tribe Agrees to Dismiss Lawsuit Against NMFS
A Native American tribe has agreed to drop a years-long challenge of the National Marine Fisheries Service’s (NMFS) approvals of shellfish aquaculture and harvesting in the State of Washington, according to a joint stipulation for dismissal. The Swinomish Indian Tribal Community previously argued that NMFS violated the Endangered Species Act by approving shellfish aquaculture activities in portions of Puget Sound that the tribe claims provide key habitat for multiple endangered species. Details behind the tribe’s decision to suddenly dismiss the case are not currently available. The tribe is represented by Earthjustice and the Office of the Tribal Attorney.
A Native American tribe has agreed to drop a years-long challenge of the National Marine Fisheries Service’s (NMFS) approvals of shellfish aquaculture and harvesting in the State of Washington, according to a joint stipulation for dismissal. The Swinomish Indian Tribal Community previously argued that NMFS violated the Endangered Species Act by approving shellfish aquaculture activities in portions of Puget Sound that the tribe claims provide key habitat for multiple endangered species. Details behind the tribe’s decision to suddenly dismiss the case are not currently available. The tribe is represented by Earthjustice and the Office of the Tribal Attorney.
NMFS Prevails in Salmon Fishing Suit
A federal judge in the Western District of Washington granted a motion for summary judgment in favor of the National Marine Fisheries Service (NMFS), in a suit from plaintiff Fish Northwest seeking to invalidate NMFS’s authorizations for certain fisheries in the Puget Sound. Fish Northwest, a non-profit committed to conservation of Puget Sound salmon to preserve fishing opportunities, alleged that NMFS had violated the Endangered Species Act by failing to ensure that its actions did not jeopardize protected species. The judge rejected this argument, deferring instead to NMFS’s scientific judgment and analysis.
A federal judge in the Western District of Washington granted a motion for summary judgment in favor of the National Marine Fisheries Service (NMFS), in a suit from plaintiff Fish Northwest seeking to invalidate NMFS’s authorizations for certain fisheries in the Puget Sound. Fish Northwest, a non-profit committed to conservation of Puget Sound salmon to preserve fishing opportunities, alleged that NMFS had violated the Endangered Species Act by failing to ensure that its actions did not jeopardize protected species. The judge rejected this argument, deferring instead to NMFS’s scientific judgment and analysis.
DOJ Files Criminal Forfeiture Action Against Exotic Exhibitor Doc Antle
According to a lis pendens filed by the U.S. Attorney for the District of South Carolina, the U.S. Department of Justice has commenced a criminal forfeiture action against Bhagavan Mahamayavi Antle (aka “Doc” Antle) and one of his Myrtle Beach, South Carolina properties. Antle is facing multiple federal indictments for alleged money laundering, wildlife trafficking, and criminal Endangered Species Act violations.
According to a lis pendens filed by the U.S. Attorney for the District of South Carolina, the U.S. Department of Justice has commenced a criminal forfeiture action against Bhagavan Mahamayavi Antle (aka “Doc” Antle) and one of his Myrtle Beach, South Carolina properties. Antle is facing multiple federal indictments for alleged money laundering, wildlife trafficking, and criminal Endangered Species Act violations.
Advocacy Groups File Motion for Summary Judgment in Case Challenging USDA’s Refusal to Update Primate Regulations
Rise for Animals and the Animal Legal Defense Fund, represented by Harvard Law School’s Animal Law and Policy Clinic, filed a Motion for Summary Judgment in their lawsuit challenging the U.S. Department of Agriculture’s (USDA) decision to deny plaintiffs’ petition for the USDA to update its requirements for the psychological wellbeing of nonhuman primates used in scientific research. The case is pending in the U.S. District Court for the District of Maryland.
Rise for Animals and the Animal Legal Defense Fund, represented by Harvard Law School’s Animal Law and Policy Clinic, filed a Motion for Summary Judgment in their lawsuit challenging the U.S. Department of Agriculture’s (USDA) decision to deny plaintiffs’ petition for the USDA to update its requirements for the psychological wellbeing of nonhuman primates used in scientific research. The case is pending in the U.S. District Court for the District of Maryland.
State Court Updates
Colorado Administrative Court Will Hear Challenge to CAFO Water Pollution Permit
The Colorado Office of Administrative Courts has agreed to hear the Center for Biological Diversity and Food & Water Watch’s challenge to a statewide general water-pollution permit for concentrated animal feeding operations that plaintiffs argue will jeopardize waterways and wildlife. The hearing is part of a long legal fight by the advocacy groups who are seeking permit terms that require factory farms in the state to monitor and report their water pollution as the Clean Water Act directs. The hearing has been scheduled for October 31, 2022.
The Colorado Office of Administrative Courts has agreed to hear the Center for Biological Diversity and Food & Water Watch’s challenge to a statewide general water-pollution permit for concentrated animal feeding operations that plaintiffs argue will jeopardize waterways and wildlife. The hearing is part of a long legal fight by the advocacy groups who are seeking permit terms that require factory farms in the state to monitor and report their water pollution as the Clean Water Act directs. The hearing has been scheduled for October 31, 2022.
Agency Updates
Advocacy Group Petitions FWS to Protect the Southern Plains Bumble Bee Under the ESA
The Center for Biological Diversity (CBD) submitted a petition for rulemaking to the U.S. Fish & Wildlife Service, asking the agency to list the Southern Plains bumble bee as an endangered species pursuant to the Endangered Species Act. CBD asserts that the bees, who have been decimated by habitat degradation and pesticides, provide essential pollination service to wild plants and to pollinator-dependent crops.
The Center for Biological Diversity (CBD) submitted a petition for rulemaking to the U.S. Fish & Wildlife Service, asking the agency to list the Southern Plains bumble bee as an endangered species pursuant to the Endangered Species Act. CBD asserts that the bees, who have been decimated by habitat degradation and pesticides, provide essential pollination service to wild plants and to pollinator-dependent crops.
FWS Seeks Comments on Proposed Species Conservation Banking Regulations
The U.S. Fish & Wildlife Service (FWS) published advance notice of proposed rulemaking relating to “species conservation banking,” which involves landowner protection and management of critical habitats in exchange for credits they can sell to developers. FWS is seeking public comments through September 26, 2022.
The U.S. Fish & Wildlife Service (FWS) published advance notice of proposed rulemaking relating to “species conservation banking,” which involves landowner protection and management of critical habitats in exchange for credits they can sell to developers. FWS is seeking public comments through September 26, 2022.
FWS Considers Multiple Permits Relating to Canned Hunting of ESA-Protected Species
U.S. Fish & Wildlife Service has received multiple Endangered Species Act permit applications for activities relating to trophy hunting involving captive-bred protected species:
- 4N Ranches, a hunting facility in Texas, has applied for a captive-bred wildlife registration to breed red lechwe for canned trophy hunting and for a separate permit to kill red lechwe over the next five years;
- Continental Ranch Hunts, a hunting facility in Texas, has applied for a captive-bred wildlife registration to breed Arabian oryx for canned trophy hunting and for a separate permit to kill Arabian oryx over the next five years; and
- Eight individuals have applied for permits to import the carcasses of captive-bred male bonteboks they killed at facilities in South Africa.
FWS will accept public comments through August 26, 2022.
U.S. Fish & Wildlife Service has received multiple Endangered Species Act permit applications for activities relating to trophy hunting involving captive-bred protected species:
- 4N Ranches, a hunting facility in Texas, has applied for a captive-bred wildlife registration to breed red lechwe for canned trophy hunting and for a separate permit to kill red lechwe over the next five years;
- Continental Ranch Hunts, a hunting facility in Texas, has applied for a captive-bred wildlife registration to breed Arabian oryx for canned trophy hunting and for a separate permit to kill Arabian oryx over the next five years; and
- Eight individuals have applied for permits to import the carcasses of captive-bred male bonteboks they killed at facilities in South Africa.
FWS will accept public comments through August 26, 2022.
FWS Considers Applications for the Import and Export of Protected Species
U. S. Fish & Wildlife Service (FWS) has received multiple Endangered Species Act permit applications for the import/export of biological samples, live animals, and sport-hunted trophies:
- Southwest Fisheries Science Center in La Jolla, California seeks a permit to import biological samples from multiple species of wild and captive-bred sea turtles over five years;
- The University of North Florida seeks a permit for the single import of biological samples of wild American crocodiles from the Dominican Republic;
- FWS Office of Law Enforcement seeks a permit to import elephant specimens from Germany for law enforcement purposes;
- Idaho Falls Zoo seeks a permit to export one captive-bred female Japanese crane to Assiniboine Park Zoo in Winnipeg, Canada;
- Cheyenne Mountain Zoo seeks a permit to import a captive-bred female Amur tiger from the Toronto Zoo;
- The American Museum of Natural History in New York, New York seeks to renew its permit to import and export museum specimens of protected species; and
- Ten individuals seek permits to import the carcasses of captive-bred male bonteboks they killed at facilities in South Africa.
FWS is accepting public comments through August 26, 2022.
U. S. Fish & Wildlife Service (FWS) has received multiple Endangered Species Act permit applications for the import/export of biological samples, live animals, and sport-hunted trophies:
- Southwest Fisheries Science Center in La Jolla, California seeks a permit to import biological samples from multiple species of wild and captive-bred sea turtles over five years;
- The University of North Florida seeks a permit for the single import of biological samples of wild American crocodiles from the Dominican Republic;
- FWS Office of Law Enforcement seeks a permit to import elephant specimens from Germany for law enforcement purposes;
- Idaho Falls Zoo seeks a permit to export one captive-bred female Japanese crane to Assiniboine Park Zoo in Winnipeg, Canada;
- Cheyenne Mountain Zoo seeks a permit to import a captive-bred female Amur tiger from the Toronto Zoo;
- The American Museum of Natural History in New York, New York seeks to renew its permit to import and export museum specimens of protected species; and
- Ten individuals seek permits to import the carcasses of captive-bred male bonteboks they killed at facilities in South Africa.
FWS is accepting public comments through August 26, 2022.
FWS Considers Permit for the Incidental Take of Protected Reptiles by Property Developer
The U.S. Fish & Wildlife Service (FWS) received an application from DR Horton for an incidental take permit that would allow the property developer to take sand skinks and blue-tailed mole skinks incidental to the construction and operations of a residential development in Osceola County, Florida. FWS is accepting public comments through August 26, 2022.
The U.S. Fish & Wildlife Service (FWS) received an application from DR Horton for an incidental take permit that would allow the property developer to take sand skinks and blue-tailed mole skinks incidental to the construction and operations of a residential development in Osceola County, Florida. FWS is accepting public comments through August 26, 2022.
EPA Proposes Modifications to Allowable Discharges from Aquaculture Facilities
The Environmental Protection Agency (EPA) published a Draft Modification to the National Pollutant Discharge Elimination System Aquaculture General Permit for discharges from Concentrated Aquatic Animal Production facilities to certain waters in Vermont. EPA is accepting public comments through August 26, 2022.
The Environmental Protection Agency (EPA) published a Draft Modification to the National Pollutant Discharge Elimination System Aquaculture General Permit for discharges from Concentrated Aquatic Animal Production facilities to certain waters in Vermont. EPA is accepting public comments through August 26, 2022.
USDA and State of Oregon Sign Cooperative Agreement for State Meat Inspection Program
The U.S. Department of Agriculture’s Food Safety and Inspection Service and the State of Oregon finalized a cooperative agreement under which Oregon may inspect meat products produced for shipment within the state. The agreement requires the state to administer requirements “at least equal to” those imposed under the Federal Meat Inspection Act.
The U.S. Department of Agriculture’s Food Safety and Inspection Service and the State of Oregon finalized a cooperative agreement under which Oregon may inspect meat products produced for shipment within the state. The agreement requires the state to administer requirements “at least equal to” those imposed under the Federal Meat Inspection Act.
FWS Considering Multiple ESA Recovery Permit Applications
The U.S. Fish & Wildlife Service (FWS) received multiple Endangered Species Act recovery permit applications for conservation activities covering protected species of fish, bats, crustaceans, amphibians, snakes, and mollusks. FWS will accept public comments through August 29, 2022.
The U.S. Fish & Wildlife Service (FWS) received multiple Endangered Species Act recovery permit applications for conservation activities covering protected species of fish, bats, crustaceans, amphibians, snakes, and mollusks. FWS will accept public comments through August 29, 2022.
NMFS Completes MMPA Review for Import of Yellow Fin Tuna by Foreign Nations
The National Marine Fisheries Service finalized a Marine Mammal Protection Act review that will allow the annual renewal of permissions for the import of yellow fin tuna harvested in the eastern tropical Pacific Ocean by Colombia, Ecuador, El Salvador, Guatemala, Mexico, and Spain. The renewal is effective from April 1, 2022, through March 31, 2023. NMFS made a similar finding for Peru, but approved its renewal for a period of five years, effective from April 1, 2022, through March 31, 2027.
The National Marine Fisheries Service finalized a Marine Mammal Protection Act review that will allow the annual renewal of permissions for the import of yellow fin tuna harvested in the eastern tropical Pacific Ocean by Colombia, Ecuador, El Salvador, Guatemala, Mexico, and Spain. The renewal is effective from April 1, 2022, through March 31, 2023. NMFS made a similar finding for Peru, but approved its renewal for a period of five years, effective from April 1, 2022, through March 31, 2027.
USDA Announces Intent to Declare Salmonella an Adulterant in Certain Chicken Products
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced its intent to declare Salmonella an adulterant in breaded and stuffed raw chicken products. By declaring Salmonella an adulterant in these products, FSIS will be better able to prevent contaminated products from being sold to consumers by subjecting producers to regulatory action if they sell products that exceed a very low level of Salmonella.
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced its intent to declare Salmonella an adulterant in breaded and stuffed raw chicken products. By declaring Salmonella an adulterant in these products, FSIS will be better able to prevent contaminated products from being sold to consumers by subjecting producers to regulatory action if they sell products that exceed a very low level of Salmonella.
International Updates
IUCN Adds Migratory Monarch Butterfly to the Red List of Threatened Species
The International Union for the Conservation of Nature (IUCN) added the migratory monarch butterfly to the IUCN Red List of Threatened Species. IUCN reports that the western population of the monarch subspecies is at the greatest risk of extinction after being decimated by 99.9% between the 1980s and 2021. The IUCN notes that climate change is believed to be the most significant threat to the rare species of butterfly.
The International Union for the Conservation of Nature (IUCN) added the migratory monarch butterfly to the IUCN Red List of Threatened Species. IUCN reports that the western population of the monarch subspecies is at the greatest risk of extinction after being decimated by 99.9% between the 1980s and 2021. The IUCN notes that climate change is believed to be the most significant threat to the rare species of butterfly.