The U.S. Fish and Wildlife Service (FWS) announced the availability of tentative U.S. negotiating positions on proposed resolutions, decisions, and amendments to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Appendices for consideration at the nineteenth regular meeting of the Conference of the Parties to CITES (CoP19). CoP19 will take place in Panama City, Panama, from November 14-25, 2022. Information on these tentative U.S. negotiating positions will be available on the FWS website and the Federal eRulemaking Portal on or before November 13, 2022.
Issue 163
This Week's Spotlights
Agency Spotlights
FWS Announces Tentative U.S. Positions for CITES CoP19
International Spotlights
Litigation in Senegal Could Set Precedent for Areas Facing Pollution from Fish Factories
A Senegalese fisher’s collective sued a fish meal factory, which they allege has polluted their village and destroyed their livelihoods. The lawsuit is the first of its kind and could set precedent for other communities that have similar grievances against fish factories.
A Senegalese fisher’s collective sued a fish meal factory, which they allege has polluted their village and destroyed their livelihoods. The lawsuit is the first of its kind and could set precedent for other communities that have similar grievances against fish factories.
Mexican Officials Investigating Roadside Zoo Owner for Money Laundering
Eduardo Mauricio Moisés Serio, the founder of Black Jaguar White Tiger, is under investigation for money laundering. Officials previously confiscated 200 big cats from his property and relocated them to facilities across Mexico. The money laundering investigation follows an anonymous report made to the Attorney General’s Office that Serio, whose roadside zoo has been popularized by celebrity visitors who go to play with exotic animals, is involved in organized crime.
Eduardo Mauricio Moisés Serio, the founder of Black Jaguar White Tiger, is under investigation for money laundering. Officials previously confiscated 200 big cats from his property and relocated them to facilities across Mexico. The money laundering investigation follows an anonymous report made to the Attorney General’s Office that Serio, whose roadside zoo has been popularized by celebrity visitors who go to play with exotic animals, is involved in organized crime.
Legislative Updates
Pending Federal Actions
Bill Would Allow Military Dogs to Be Buried in Veterans’ Cemeteries
House Resolution 9152, the “Sgt. Fieldy Act,” would allow military dogs to be buried at any of the 155 veterans’ cemeteries managed by the Department of Veterans Affairs’ National Cemetery Administration. The bill, named for a Labrador retriever who is credited with multiple lives saved during his three tours in Afghanistan, was introduced by Rep. Vicente Gonzalez and has been referred to the House Committee on Veteran’s Affairs.
House Resolution 9152, the “Sgt. Fieldy Act,” would allow military dogs to be buried at any of the 155 veterans’ cemeteries managed by the Department of Veterans Affairs’ National Cemetery Administration. The bill, named for a Labrador retriever who is credited with multiple lives saved during his three tours in Afghanistan, was introduced by Rep. Vicente Gonzalez and has been referred to the House Committee on Veteran’s Affairs.
Pending State Actions
Massachusetts Bill Would Establish Commission to Study Fraud Relating to Service Animals
Massachusetts House Bill 5364 would establish a commission to study the use of service animals, including the prevalence of fraud and intentional misrepresentation of animals as service animals. The bill has been referred to the House Ways and Means Committee.
Massachusetts House Bill 5364 would establish a commission to study the use of service animals, including the prevalence of fraud and intentional misrepresentation of animals as service animals. The bill has been referred to the House Ways and Means Committee.
New Jersey Reconsiders Bill to Ban Shelters from Killing for Space
New Jersey Assembly Bill 4871 reintroduces "Chiara's Law," which would prohibit shelters or pounds from killing animals for reasons that do not relate to health or safety.
New Jersey Assembly Bill 4871 reintroduces "Chiara's Law," which would prohibit shelters or pounds from killing animals for reasons that do not relate to health or safety.
Enacted Municipal Ordinances
New Braunfels, Texas Bans Retail Sales of Dogs and Cats
Case Law Updates
Federal Court Updates
Groups Sue to Compel EPA to Respond to Petition for CWA Oversight of Factory Farms
Eleven environmental and food safety groups filed a petition for writ of mandamus in the U.S. Court of Appeals for the Ninth Circuit to compel the U.S. Environmental Protection Agency (EPA) to respond to a legal petition urging the agency to strengthen Clean Water Act rules governing factory farms. Petitioners are seeking a court order requiring the EPA to respond to the petition for rulemaking within ninety days.
Eleven environmental and food safety groups filed a petition for writ of mandamus in the U.S. Court of Appeals for the Ninth Circuit to compel the U.S. Environmental Protection Agency (EPA) to respond to a legal petition urging the agency to strengthen Clean Water Act rules governing factory farms. Petitioners are seeking a court order requiring the EPA to respond to the petition for rulemaking within ninety days.
Aviculture Groups Challenge FWS’ Denial of Petitions to Expand Exotic Bird Import Rules
The Organization of Professional Aviculturists Inc. and the Lineolated Parakeet Society sued the U.S. Fish and Wildlife Service (FWS), alleging the agency is wrongfully prohibiting the legal importation of captive-bred parrots. The lawsuit specifically alleges that FWS violated the Wild Bird Conservation Act and Administrative Procedure Act by denying petitions for rulemaking that the groups have submitted to broaden the scope of birds that may be imported under the Wild Bird Conservation Act. Plaintiffs are seeking declaratory judgment and injunctive relief.
The Organization of Professional Aviculturists Inc. and the Lineolated Parakeet Society sued the U.S. Fish and Wildlife Service (FWS), alleging the agency is wrongfully prohibiting the legal importation of captive-bred parrots. The lawsuit specifically alleges that FWS violated the Wild Bird Conservation Act and Administrative Procedure Act by denying petitions for rulemaking that the groups have submitted to broaden the scope of birds that may be imported under the Wild Bird Conservation Act. Plaintiffs are seeking declaratory judgment and injunctive relief.
State Court Updates
Virginia Criminal Trial of Doc Antle Delayed Again
The Virginia jury trial in the prosecution of Doc Antle for animal cruelty and wildlife trafficking, scheduled to begin last week, has been delayed until June 12, 2023. This is the second time the trial has been rescheduled.
The Virginia jury trial in the prosecution of Doc Antle for animal cruelty and wildlife trafficking, scheduled to begin last week, has been delayed until June 12, 2023. This is the second time the trial has been rescheduled.
Agency Updates
FSIS Extends Public Comment Period on Control of Salmonella in Poultry Products
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced a one-month extension in the public comment period on a possible new strategy to control Salmonella in poultry products and more effectively reduce foodborne Salmonella infections linked to these products. FSIS will now accept comments through December 16, 2022.
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced a one-month extension in the public comment period on a possible new strategy to control Salmonella in poultry products and more effectively reduce foodborne Salmonella infections linked to these products. FSIS will now accept comments through December 16, 2022.
FSIS Suspends Testing for Certain Antibiotic Residue in Poultry
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced that, effective November 1, 2022, FSIS will suspend sampling and testing for residue of nitrofuran, a class of broad-spectrum antibiotics, in all domestic and imported raw poultry products under the U.S. National Residue Program.
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced that, effective November 1, 2022, FSIS will suspend sampling and testing for residue of nitrofuran, a class of broad-spectrum antibiotics, in all domestic and imported raw poultry products under the U.S. National Residue Program.
FSIS Announces Recall of Poultry Products that May Be Contaminated with Plastic
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced that Louisiana-based Foster Farms is recalling approximately 148,000 pounds of fully cooked frozen chicken breast patty products that may be contaminated with hard pieces of plastic. The products were shipped to Costco distribution centers in Arizona, California, Colorado, Utah, and Washington.
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced that Louisiana-based Foster Farms is recalling approximately 148,000 pounds of fully cooked frozen chicken breast patty products that may be contaminated with hard pieces of plastic. The products were shipped to Costco distribution centers in Arizona, California, Colorado, Utah, and Washington.
FSIS Announces Recall of Frozen Chicken Products that Were Not Federally Inspected
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced that Houston-based JYC Enterprise, Inc. is recalling approximately 33,280 pounds of frozen chicken and pork potsticker products that were repackaged, relabeled, and distributed without federal inspection. The products were shipped to restaurants in Wisconsin.
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced that Houston-based JYC Enterprise, Inc. is recalling approximately 33,280 pounds of frozen chicken and pork potsticker products that were repackaged, relabeled, and distributed without federal inspection. The products were shipped to restaurants in Wisconsin.
NMFS Renews MMPA Incidental Harassment Authorization for U.S. Navy
The National Marine Fisheries Service announced that it has issued a renewal for an incidental harassment authorization (IHA) to the U.S. Navy to incidentally harass marine mammals in connection with the Naval Base San Diego Pier 6 Replacement Project in San Diego, California. The renewal IHA is valid from October 17, 2022, through September 30, 2023.
The National Marine Fisheries Service announced that it has issued a renewal for an incidental harassment authorization (IHA) to the U.S. Navy to incidentally harass marine mammals in connection with the Naval Base San Diego Pier 6 Replacement Project in San Diego, California. The renewal IHA is valid from October 17, 2022, through September 30, 2023.
Office of Science and Technology Policy Seeks Input on First National Nature Assessment
The Office of Science and Technology Policy (OSTP), on behalf of the United States Global Change Research Program, is requesting public input to help inform the framing, development, and eventual use of the first National Nature Assessment (NNA). The NNA will assess the status, observed trends, and future projections of America's lands, waters, wildlife, biodiversity and ecosystems and the benefits they provide, including connections to the economy, public health, equity, climate mitigation and adaptation, and national security. OSTP is accepting public input through March 31, 2023.
The Office of Science and Technology Policy (OSTP), on behalf of the United States Global Change Research Program, is requesting public input to help inform the framing, development, and eventual use of the first National Nature Assessment (NNA). The NNA will assess the status, observed trends, and future projections of America's lands, waters, wildlife, biodiversity and ecosystems and the benefits they provide, including connections to the economy, public health, equity, climate mitigation and adaptation, and national security. OSTP is accepting public input through March 31, 2023.
Advocacy Group Petitions NMFS to Protect Smalltail Sharks Under the ESA
The Center for Biological Diversity submitted a petition for rulemaking to the National Marine Fisheries Service (NMFS) urging NMFS to protect the smalltail shark under the Endangered Species Act. According to the petition, the smalltail shark population has declined by more than 80% globally over the past 27 years.
The Center for Biological Diversity submitted a petition for rulemaking to the National Marine Fisheries Service (NMFS) urging NMFS to protect the smalltail shark under the Endangered Species Act. According to the petition, the smalltail shark population has declined by more than 80% globally over the past 27 years.
FWS Announces Tentative U.S. Positions for CITES CoP19
The U.S. Fish and Wildlife Service (FWS) announced the availability of tentative U.S. negotiating positions on proposed resolutions, decisions, and amendments to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Appendices for consideration at the nineteenth regular meeting of the Conference of the Parties to CITES (CoP19). CoP19 will take place in Panama City, Panama, from November 14-25, 2022. Information on these tentative U.S. negotiating positions will be available on the FWS website and the Federal eRulemaking Portal on or before November 13, 2022.
The U.S. Fish and Wildlife Service (FWS) announced the availability of tentative U.S. negotiating positions on proposed resolutions, decisions, and amendments to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Appendices for consideration at the nineteenth regular meeting of the Conference of the Parties to CITES (CoP19). CoP19 will take place in Panama City, Panama, from November 14-25, 2022. Information on these tentative U.S. negotiating positions will be available on the FWS website and the Federal eRulemaking Portal on or before November 13, 2022.
Groups File Emergency Rulemaking Petition to Protect North Atlantic Right Whales
Center for Biological Diversity, Conservation Law Foundation, Defenders of Wildlife, and Whale and Dolphin Conservation filed an emergency petition for rulemaking with the National Marine Fisheries Service (NMFS) today to protect critically endangered North Atlantic right whales from being struck and killed by vessels in their calving grounds off the coast of the southeast United States. Petitioners ask NMFS to promulgate an emergency rule to provide an interim solution until final rules proposed by NMFS for reductions in vessel speeds take effect.
Center for Biological Diversity, Conservation Law Foundation, Defenders of Wildlife, and Whale and Dolphin Conservation filed an emergency petition for rulemaking with the National Marine Fisheries Service (NMFS) today to protect critically endangered North Atlantic right whales from being struck and killed by vessels in their calving grounds off the coast of the southeast United States. Petitioners ask NMFS to promulgate an emergency rule to provide an interim solution until final rules proposed by NMFS for reductions in vessel speeds take effect.
Louisiana Department of Wildlife and Fisheries Confirms Bird Flu Cases
The Louisiana Department of Wildlife and Fisheries published notice that the National Veterinary Services Laboratory has confirmed H5N1 Highly Pathogenic Avian Influenza (HPAI) in hunter-harvested blue-winged teal in southwest Louisiana. Additionally, several captive birds have tested positive for H5N1 at the Louisiana Purchase Zoo, an unaccredited animal park in Monroe, Louisiana.
The Louisiana Department of Wildlife and Fisheries published notice that the National Veterinary Services Laboratory has confirmed H5N1 Highly Pathogenic Avian Influenza (HPAI) in hunter-harvested blue-winged teal in southwest Louisiana. Additionally, several captive birds have tested positive for H5N1 at the Louisiana Purchase Zoo, an unaccredited animal park in Monroe, Louisiana.
NMFS Seeking Public Input on Researcher’s MMPA Permit Application
The National Marine Fisheries Service (NMFS) announced that Dr. Kathleen Hunt from George Mason University’s Department of Biology has applied for a Marine Mammal Protection Act permit to import and export marine mammal parts for scientific research. NMFS will accept public comments on the permit application through December 2, 2022.
The National Marine Fisheries Service (NMFS) announced that Dr. Kathleen Hunt from George Mason University’s Department of Biology has applied for a Marine Mammal Protection Act permit to import and export marine mammal parts for scientific research. NMFS will accept public comments on the permit application through December 2, 2022.
FWS Seeks Comment on Case Law Impacts on Listing of Scarlet Macaws
The U.S. Fish and Wildlife Service (FWS) is seeking public comments on how recent case law may affect FWS’ final rule designating the northern distinct population segment of the southern subspecies of scarlet macaw as a threatened species under the Endangered Species Act. FWS will accept comments received or postmarked on or before December 2, 2022.
The U.S. Fish and Wildlife Service (FWS) is seeking public comments on how recent case law may affect FWS’ final rule designating the northern distinct population segment of the southern subspecies of scarlet macaw as a threatened species under the Endangered Species Act. FWS will accept comments received or postmarked on or before December 2, 2022.
APHIS Seeks Public Input on Bovine and Captive Cervid Tuberculosis Information Collection
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 bovine and captive cervid tuberculosis regulations. APHIS will accept public comments on the proposed information collection extension through January 3, 2022.
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 bovine and captive cervid tuberculosis regulations. APHIS will accept public comments on the proposed information collection extension through January 3, 2022.
FWS Seeks Public Input on Migratory Bird Treaty Act Hunting Regulations
The U.S. Fish and Wildlife Service (FWS) announced its proposal to establish annual hunting regulations under the Migratory Bird Treaty Act for certain migratory game birds for the 2023-24 hunting season. FWS is accepting public comments on the proposed regulations through December 5, 2022.
The U.S. Fish and Wildlife Service (FWS) announced its proposal to establish annual hunting regulations under the Migratory Bird Treaty Act for certain migratory game birds for the 2023-24 hunting season. FWS is accepting public comments on the proposed regulations through December 5, 2022.
FWS Accepting Public Comments on Multiple ESA Recovery Permit Applications
The U.S. Fish and Wildlife Service (FWS) published notice that it has received multiple applications for permits to conduct activities intended to enhance the propagation or survival of endangered or threatened bats, bees, snakes, and mollusks under the Endangered Species Act. FWS will accept comments through December 5, 2022.
The U.S. Fish and Wildlife Service (FWS) published notice that it has received multiple applications for permits to conduct activities intended to enhance the propagation or survival of endangered or threatened bats, bees, snakes, and mollusks under the Endangered Species Act. FWS will accept comments through December 5, 2022.
Food Safety Analytics Collaboration Releases Annual Food Borne Illness Report
The Interagency Food Safety Analytics Collaboration (IFSAC) released its annual report on foodborne illnesses caused by Salmonella, Escherichia coli O157, Campylobacter, and Listeria monocytogenes and attributed illnesses to a wide range of animal products, fruits, and vegetables. IFSAC is a collaboration between the Centers for Disease Control and Prevention, the Food and Drug Administration, and the U.S. Department of Agriculture’s Food Safety and Inspection Service.
The Interagency Food Safety Analytics Collaboration (IFSAC) released its annual report on foodborne illnesses caused by Salmonella, Escherichia coli O157, Campylobacter, and Listeria monocytogenes and attributed illnesses to a wide range of animal products, fruits, and vegetables. IFSAC is a collaboration between the Centers for Disease Control and Prevention, the Food and Drug Administration, and the U.S. Department of Agriculture’s Food Safety and Inspection Service.
USDA Decreases Assessments on Imported Pork and Pork Products
The U.S. Department of Agriculture’s Agriculture Marketing Service announced a final rulemaking that decreases the rate of assessment per pound due on imported pork and pork products in response to the approximately 47% increase in the average prices of live hogs in 2021 above the 3-year average from 2018-2020. The new assessment rate becomes effective January 1, 2023.
The U.S. Department of Agriculture’s Agriculture Marketing Service announced a final rulemaking that decreases the rate of assessment per pound due on imported pork and pork products in response to the approximately 47% increase in the average prices of live hogs in 2021 above the 3-year average from 2018-2020. The new assessment rate becomes effective January 1, 2023.
International Updates
Cambodian Officials Call for an End to Wildlife Trade for Human Consumption
The Cambodian Ministry of Environment’s Secretary of State is among those calling for an end to the trade in, and consumption of, wild animals by humans, citing threats to the environment and human health. Cambodian law enforcement reports document the confiscation of almost 3,000 pounds of illegally traded wild meat in the past eighteen months, citing consumption demands as a major cause of poaching.
The Cambodian Ministry of Environment’s Secretary of State is among those calling for an end to the trade in, and consumption of, wild animals by humans, citing threats to the environment and human health. Cambodian law enforcement reports document the confiscation of almost 3,000 pounds of illegally traded wild meat in the past eighteen months, citing consumption demands as a major cause of poaching.
Litigation in Senegal Could Set Precedent for Areas Facing Pollution from Fish Factories
A Senegalese fisher’s collective sued a fish meal factory, which they allege has polluted their village and destroyed their livelihoods. The lawsuit is the first of its kind and could set precedent for other communities that have similar grievances against fish factories.
A Senegalese fisher’s collective sued a fish meal factory, which they allege has polluted their village and destroyed their livelihoods. The lawsuit is the first of its kind and could set precedent for other communities that have similar grievances against fish factories.
Australia Pledges to Cut Methane Emissions by 30%
Australia joined the Global Methane Pledge to reduce global methane emissions by 30% by 2030. According to Australia’s climate change minister Chris Bowen, “[b]y joining the Pledge, Australia will join the rest of the world’s major agricultural commodity exporters including the United States, Brazil, and Indonesia in identifying opportunities to reduce emissions in this hard-to-abate sector.”
Australia joined the Global Methane Pledge to reduce global methane emissions by 30% by 2030. According to Australia’s climate change minister Chris Bowen, “[b]y joining the Pledge, Australia will join the rest of the world’s major agricultural commodity exporters including the United States, Brazil, and Indonesia in identifying opportunities to reduce emissions in this hard-to-abate sector.”
Mexican Officials Investigating Roadside Zoo Owner for Money Laundering
Eduardo Mauricio Moisés Serio, the founder of Black Jaguar White Tiger, is under investigation for money laundering. Officials previously confiscated 200 big cats from his property and relocated them to facilities across Mexico. The money laundering investigation follows an anonymous report made to the Attorney General’s Office that Serio, whose roadside zoo has been popularized by celebrity visitors who go to play with exotic animals, is involved in organized crime.
Eduardo Mauricio Moisés Serio, the founder of Black Jaguar White Tiger, is under investigation for money laundering. Officials previously confiscated 200 big cats from his property and relocated them to facilities across Mexico. The money laundering investigation follows an anonymous report made to the Attorney General’s Office that Serio, whose roadside zoo has been popularized by celebrity visitors who go to play with exotic animals, is involved in organized crime.
Academic Updates
New Vegan Reference E-Book Published
Nymph Kellerman has authored and compiled a vegan reference e-book entitled The Way It Is: Hard Facts and Despicable Truths, The Drivers behind Veganism. The 700+ page resource contains information handpicked from hundreds of articles, essays, references and materials and addresses different aspects of the vegan movement.
Nymph Kellerman has authored and compiled a vegan reference e-book entitled The Way It Is: Hard Facts and Despicable Truths, The Drivers behind Veganism. The 700+ page resource contains information handpicked from hundreds of articles, essays, references and materials and addresses different aspects of the vegan movement.
Advocacy Group Publishes Shrimp Welfare Report
The Shrimp Welfare Project published their Shrimp Welfare Report, which details factors affecting shrimp welfare in aquaculture. The report “aims to assess the importance of various factors for the welfare of farmed shrimps,” focusing particularly on whiteleg shrimp, which is the most commonly farmed shrimp.
The Shrimp Welfare Project published their Shrimp Welfare Report, which details factors affecting shrimp welfare in aquaculture. The report “aims to assess the importance of various factors for the welfare of farmed shrimps,” focusing particularly on whiteleg shrimp, which is the most commonly farmed shrimp.
Scholarship Explores Personality Traits and Disorders Among Exotic Animal Exploiters
New peer reviewed scholarship, Victoria L. O'Connor and Jennifer VonkSan Filippo, “A (tiger) king's ransom”: Dark personality features predict endorsement of exotic animal exploitation, Personality and Individual Differences Vol. 202 (February 2023), explores common personality disorders and traits among exotic animal exploiters.
New peer reviewed scholarship, Victoria L. O'Connor and Jennifer VonkSan Filippo, “A (tiger) king's ransom”: Dark personality features predict endorsement of exotic animal exploitation, Personality and Individual Differences Vol. 202 (February 2023), explores common personality disorders and traits among exotic animal exploiters.
Other Updates
World’s Largest Food Service Provider Commits to be Gestation Crate-Free by 2023
Compass Group, the world’s largest food service provider, published a new animal welfare policy for the United States that includes a commitment to end pigs sourced from producers who use gestation crates by the summer of 2023 as well as a commitment to source eggs exclusively from hens not confined to battery cages by the first quarter of 2023. Compass has committed to publicly report the percentage of sourced animals free from cages and crates as part of their transparency pledge.
Compass Group, the world’s largest food service provider, published a new animal welfare policy for the United States that includes a commitment to end pigs sourced from producers who use gestation crates by the summer of 2023 as well as a commitment to source eggs exclusively from hens not confined to battery cages by the first quarter of 2023. Compass has committed to publicly report the percentage of sourced animals free from cages and crates as part of their transparency pledge.