Multiple Norwegian fisheries settled a class action litigation over their alleged scheme to fix the price of farm-raised Atlantic salmon after a federal judge in Miami approved an $85 million settlement with salmon processors and other direct purchasers. The lawsuit accused the fisheries of rigging the global salmon market by manipulating a Nasdaq benchmark index pegged to the fish’s daily “spot” price in Oslo.
Issue 155: September 12, 2022
This Week's Spotlights
Case Law Updates - Federal Case Law Updates
Lobster Fishers Lose Challenge to Rule Designed to Protect Endangered Whales
A federal judge granted the National Marine Fisheries Service’s (NMFS) motion for summary judgment in a case brought by the State of Maine and lobster fishers challenging a regulation designed to protect endangered North Atlantic right whales from entanglement in lobster fishing gear. U.S. District Judge James Boasberg rejected plaintiffs’ claims that NMFS had overstated the risks of lobstering in the Endangered Species Act biological opinion underpinning the final Marine Mammal Protection Act rule.
Agency Updates
USDA’s Agriculture Marketing Service Seeks Comments on Poultry Production Tournaments
The U.S. Department of Agriculture’s Agricultural Marketing Service (AMS) announced that it is providing additional time for the public to submit comments and information that will inform policy development and future rulemaking proposals regarding the use of poultry grower ranking systems, commonly known as tournaments, in contract poultry production. AMS is accepting public comments through September 26, 2022.
International Updates
Dutch City Becomes First in the World to Ban Advertisements for Meat
Haarlem, a city in the Netherlands with a population of about 160,000, became the first city in the world to ban advertisements for meat in public spaces. The prohibition, which will be implemented in 2024, was enacted in response to data showing that animal agriculture is a significant contributor to climate change.
Case Law Updates
Federal Court Updates
California Man Pleads Guilty to Wildlife Trafficking and Smuggling
Jose Manuel Perez of Oxnard, California, pleaded guilty to two counts of smuggling goods into the United States and one count of wildlife trafficking after illegally trafficking more than 1,700 protected animals, including Yucatan box turtles, Mexican box turtles, crocodiles, and Mexican beaded lizards, from Mexico and Hong Kong into the United States between 2016 and 2022. The wildlife smuggled by Perez had a total market value exceeding $739,000. Perez will be sentenced on December 1, 2022, and is facing a maximum sentence of forty-five years in federal prison. His co-defendant is scheduled to stand trial in February 2023.
Proposed Settlement Resolves Clean Water Act Claims Relating to Fish Hatchery
The Department of Justice, the Environmental Protection Agency, and the Conservation Law Foundation announced a settlement agreement with the State of New Hampshire and the New Hampshire Fish and Game Department. The agreement will require the Powder Mill State Fish Hatchery in New Durham, New Hampshire, the state’s largest fish hatchery, to reduce phosphorus in its discharges to the Merrymeeting River, comply with a federal Clean Water Act permit, and study downstream water quality.
Norwegian Fisheries Pay $85 Million to Resolve Salmon Antitrust Case
Multiple Norwegian fisheries settled a class action litigation over their alleged scheme to fix the price of farm-raised Atlantic salmon after a federal judge in Miami approved an $85 million settlement with salmon processors and other direct purchasers. The lawsuit accused the fisheries of rigging the global salmon market by manipulating a Nasdaq benchmark index pegged to the fish’s daily “spot” price in Oslo.
Lobster Fishers Lose Challenge to Rule Designed to Protect Endangered Whales
A federal judge granted the National Marine Fisheries Service’s (NMFS) motion for summary judgment in a case brought by the State of Maine and lobster fishers challenging a regulation designed to protect endangered North Atlantic right whales from entanglement in lobster fishing gear. U.S. District Judge James Boasberg rejected plaintiffs’ claims that NMFS had overstated the risks of lobstering in the Endangered Species Act biological opinion underpinning the final Marine Mammal Protection Act rule.
Ninth Circuit Confirms Fishing Rights for Alaska Tribe
The Ninth Circuit found that a federal law from 1891 grants a Native Alaskan tribe the implied right to fish in certain off-reservation waters. The panel reversed the district court’s dismissal of this case, brought by the Metlakatla Indian Community against the State of Alaska. In their opinion, the Court stated, “the 1891 Act preserved for the Community and its members an implied right to nonexclusive off-reservation fishing for personal consumption and ceremonial purposes, as well as for commercial purposes.”
Conservation Groups Commence ESA Citizen Suit Process to Protect South Florida Beetle
The Center for Biological Diversity, the Miami Blue Chapter of the North American Butterfly Association, and the Tropical Audubon Society commenced the Endangered Species Act citizen suit process by delivering a sixty day notice letter to the U.S. Fish & Wildlife Service due to the agency’s delay in designating critical habitat for the endangered Miami tiger beetle.
State Court Updates
Agency Updates
FWS Accepting Public Comments on Multiple ESA Recovery Permit Applications
The U.S. Fish & Wildlife Service (FWS) published notice of multiple Endangered Species Act recovery permit applications for activities meant to enhance populations of protected crustaceans and snakes. FWS is accepting public comments on the applications through October 6, 2022.
NOAA Seeks Input on Data Collection Relating to Fishing Vessel Interactions with Sea Otters
The National Oceanic and Atmospheric Administration (NOAA) published notice of a public comment period on an information collection relating to fishing vessel interactions with sea otters. NOAA is accepting comments on the information collection through November 7, 2022.
FSIS Announces Beef Jerky Recall
The U.S. Department of Agriculture’s Food Safety and Inspection Service published notice that Knoxville-based Magnolia Provision Company, Inc. is recalling almost five hundred pounds of beef jerky products that may be adulterated with Listeria monocytogenes. The products were shipped to retail locations nationwide.
FSIS Announces Sausage Recall
The U.S. Department of Agriculture’s Food Safety and Inspection Service published notice that Valdosta, Georgia-based Sunset Farm Foods Inc., is recalling approximately 4,480 pounds of chicken and pork smoked sausage products that may be contaminated with plastic. The products were shipped to retail locations in Alabama, Florida, Georgia, and North Carolina.
USDA Seeks Comments on Indemnity Value Determination for Certain Animals
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) published notice that it is soliciting public comments on a new approach to indemnity value determination for the destruction and disposition of animals that APHIS classifies as infected with, suspected of, or exposed to diseases of concern. APHIS will accept comments through November 7, 2022.
EPA Proposes Reissuance of General Permit for Federal Aquaculture Facilities in Washington State
The Environmental Protection Agency (EPA) published notice that it proposes to reissue the National Pollutant Discharge Elimination System General Permit for Federal Aquaculture Facilities and Aquaculture Facilities Located in Indian Country in Washington. Eligible facilities include Concentrated Aquatic Animal Production (CAAP) facilities, non-CAAP facilities, aquaculture research facilities, and dam fish passage facilities. The EPA will accept public comments through November 7, 2022.
APHIS Announces Intent to Extend Information Collection on Pork-Filled Pasta
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced its intention to request an extension of approval of an information collection associated with the regulations for the importation of pork-filled pasta products into the United States. APHIS is accepting public comments on the information collection through November 7, 2022.
FWS Solicits Public Comments on ESA Permit Applications
The U.S. Fish & Wildlife Service published notice that it has received multiple applications for Endangered Species Act permits, including applications from Harvard University and Duke University, to export and reimport nonliving university specimens, and an application from a trophy hunter who wishes to import the carcass of a male bontebok he killed at a captive hunting ranch in South Africa. FWS is accepting public comments on the applications through October 11, 2022.
NMFS Proposes to List Queen Conch as a Threatened Species
The National Marine Fisheries Service (NMFS) announced a proposed rule to list the queen conch as a threatened species under the Endangered Species Act. NMFS is accepting public comments on the proposed listing through November 7, 2022.
USDA’s Agriculture Marketing Service Seeks Comments on Poultry Production Tournaments
The U.S. Department of Agriculture’s Agricultural Marketing Service (AMS) announced that it is providing additional time for the public to submit comments and information that will inform policy development and future rulemaking proposals regarding the use of poultry grower ranking systems, commonly known as tournaments, in contract poultry production. AMS is accepting public comments through September 26, 2022.
NMFS to Analyze Changes to Atlantic Large Whale Take Reduction Plan
The National Marine Fisheries Service (NMFS) announced that it is going to prepare an Environmental Impact Statement to analyze potential modifications to the Atlantic Large Whale Take Reduction Plan (Plan). NMFS intends to begin a rulemaking process to amend the Plan to further reduce the risk of mortalities and serious injuries of North Atlantic right whales and other large whales caused by incidental entanglement in commercial trap/pot and gillnet fisheries along the U.S. East Coast. NMFS is accepting public comments through October 11, 2022.
FSIS Issues Public Health Alert for HelloFresh Meals Due to E. Coli Contamination
The U.S. Department of Agriculture’s Food Safety and Inspection Service announced that it is issuing a public health alert due to concerns that ground beef products in HelloFresh meal kits may be associated with E. coli illness. A recall was not requested because the products are no longer available for purchase.
International Updates
Brazilian Vegetarian Society Releases Film Exposing Dairy Industry
The Brazilian Vegetarian Society published a short film, “Milk Orphans,” exposing the dairy industry. Originally released in February, the film is now available in English and highlights the impact the dairy industry has on the lives of buffaloes, cows, and calves.
Dutch City Becomes First in the World to Ban Advertisements for Meat
Haarlem, a city in the Netherlands with a population of about 160,000, became the first city in the world to ban advertisements for meat in public spaces. The prohibition, which will be implemented in 2024, was enacted in response to data showing that animal agriculture is a significant contributor to climate change.
The US Edition of the Animal Law Digest is published weekly with the support of the Brooks McCormick Jr. Animal Law & Policy Program at Harvard Law School.