President Biden signed House Resolution 263, the Big Cat Public Safety Act. The law now closes loopholes in the Captive Wildlife Safety Act amendments to the Lacey Act by prohibiting the private possession of big cats and prohibiting licensed exhibitors from using most big cat species for lucrative photo ops and other public contact experiences. Such profit incentives drive the rapid breeding and disposal of tigers and other big cats into the pet trade. Under the new law, private owners may keep cats they currently own if they register the animals with U.S. Fish & Wildlife Service within 180 days. The bill, which was introduced by Representative Mike Quigley multiple times, imposes civil and criminal penalties on violators.
This Week's Spotlights
Legislative Spotlights: Enacted Federal Actions
President Biden Signs Big Cat Public Safety Act
Legislative Spotlights: Pending Federal Actions
Bill Would Prevent Federal Funding from Being Used for Ventilation Shutdown Killing
House Resolution 9552, the Transparency in Depopulation Act, would prevent federal funding from being used for certain methods of animal slaughter, including ventilation shutdown, which entails elimination of ventilation and fan systems to raise temperatures and kill animals by inducing hyperthermia and hypoxia. The provisions also would require farms to publicly disclose their killing methods and other associated data. The bill was introduced by Representative Pramila Jayapal and has been referred to the House Committee on Agriculture. The bill text is not yet publicly available.
House Resolution 9552, the Transparency in Depopulation Act, would prevent federal funding from being used for certain methods of animal slaughter, including ventilation shutdown, which entails elimination of ventilation and fan systems to raise temperatures and kill animals by inducing hyperthermia and hypoxia. The provisions also would require farms to publicly disclose their killing methods and other associated data. The bill was introduced by Representative Pramila Jayapal and has been referred to the House Committee on Agriculture. The bill text is not yet publicly available.
Legislative Spotlights: Enacted State Actions
New York Governor Kathy Hochul Signs Cruelty Free Cosmetics Act
Governor Kathy Hochul signed the New York Cruelty Free Cosmetics Act (A.5653B/S.4839B) which prohibits the manufacture and sale of cosmetics in New York State that have been tested on animals. The law takes effect in January 2023, and New York now joins California, Nevada, Illinois, Hawaii, Maryland, Maine, New Jersey, Virginia, and Louisiana on the growing list of states imposing such bans.
Governor Kathy Hochul signed the New York Cruelty Free Cosmetics Act (A.5653B/S.4839B) which prohibits the manufacture and sale of cosmetics in New York State that have been tested on animals. The law takes effect in January 2023, and New York now joins California, Nevada, Illinois, Hawaii, Maryland, Maine, New Jersey, Virginia, and Louisiana on the growing list of states imposing such bans.
Federal Court Case Law Spotlights
Conservation Groups Sue Department of the Interior to Force Sanctions Against Mexico for Failure to Protect Vaquita Porpoises
The Center for Biological Diversity, Animal Welfare Institute, and Natural Resources Defense Council sued the U.S. Department of the Interior (DOI) in the U.S. Court of International Trade to force sanctions against Mexico. The plaintiffs claim Mexico is allowing illegal fishing that has reduced the population of vaquita porpoises to only ten estimated remaining animals. According to the complaint, vaquita become entangled and drown in illegal nets set to catch totoaba, an endangered fish whose bladders are in high demand in China. The lawsuit demands that the DOI finally certify Mexico under the Pelly Amendment, which would allow the Biden administration to embargo wildlife products from Mexico.
The Center for Biological Diversity, Animal Welfare Institute, and Natural Resources Defense Council sued the U.S. Department of the Interior (DOI) in the U.S. Court of International Trade to force sanctions against Mexico. The plaintiffs claim Mexico is allowing illegal fishing that has reduced the population of vaquita porpoises to only ten estimated remaining animals. According to the complaint, vaquita become entangled and drown in illegal nets set to catch totoaba, an endangered fish whose bladders are in high demand in China. The lawsuit demands that the DOI finally certify Mexico under the Pelly Amendment, which would allow the Biden administration to embargo wildlife products from Mexico.
Wildlife Trafficker Who Sold Rhinoceros Horns and Elephant Ivory to Buyers in the U.S. and Asia Sentenced to Fifty-Seven Months in Federal Prison
U.S. District Judge Gregory H. Woods sentenced Guinea citizen Amara Cherif to fifty-seven months in federal prison for his role in a conspiracy to traffic millions of dollars in rhinoceros horns and elephant ivory, which involved the illegal poaching of more than approximately thirty-five rhinoceros and more than one hundred elephants. Cherif’s co-conspirators, Liberian citizen Moazu Kromah, and Kenyan Mansur Mohamed Surur, each previously were sentenced to more than four years in federal prison. The three co-conspirators trafficked and sold approximately 190 kilograms of rhinoceros horns and at least 10 tons of elephant ivory from multiple East African countries, including Uganda, the Democratic Republic of the Congo, Guinea, Kenya, Mozambique, Senegal, and Tanzania, to buyers in the United States and Southeast Asia from December 2012 through at least May 2019.
U.S. District Judge Gregory H. Woods sentenced Guinea citizen Amara Cherif to fifty-seven months in federal prison for his role in a conspiracy to traffic millions of dollars in rhinoceros horns and elephant ivory, which involved the illegal poaching of more than approximately thirty-five rhinoceros and more than one hundred elephants. Cherif’s co-conspirators, Liberian citizen Moazu Kromah, and Kenyan Mansur Mohamed Surur, each previously were sentenced to more than four years in federal prison. The three co-conspirators trafficked and sold approximately 190 kilograms of rhinoceros horns and at least 10 tons of elephant ivory from multiple East African countries, including Uganda, the Democratic Republic of the Congo, Guinea, Kenya, Mozambique, Senegal, and Tanzania, to buyers in the United States and Southeast Asia from December 2012 through at least May 2019.
State Court Case Law Spotlights
Largest Environmental Damage Recovery in Oregon History Reached in $698 Million Settlement for Monsanto’s Use of PCBs that Damaged Oregon Waters and Wildlife
The State of Oregon and Bayer US LLC, parent company of Monsanto and its co-defendants, have reached a $698 million settlement to resolve claims that Monsanto was aware as early as 1937 of the toxic nature of polychlorinated biphenyls (PCBs), but continued to use the PCBs until they were banned in 1977, damaging Oregon waters and wildlife in the process. According to Oregon’s Attorney General, it is the largest environmental damage recovery in Oregon's history.
The State of Oregon and Bayer US LLC, parent company of Monsanto and its co-defendants, have reached a $698 million settlement to resolve claims that Monsanto was aware as early as 1937 of the toxic nature of polychlorinated biphenyls (PCBs), but continued to use the PCBs until they were banned in 1977, damaging Oregon waters and wildlife in the process. According to Oregon’s Attorney General, it is the largest environmental damage recovery in Oregon's history.
International Spotlights
Groups Ask International Commission on Human Rights to Investigate Abuses on CAFOs Across the Americas
More than 250 indigenous, human-rights, conservation, and public-health groups delivered correspondence asking the Inter-American Commission on Human Rights to hold a hearing on human rights abuses caused by industrial meat, egg, and dairy facilities across the Americas. The request urges the commission to investigate human rights abuses resulting from the unchecked expansion of Concentrated Animal Feeding Operations (CAFOs) across the Americas and issue a report with recommendations to address those abuses.
More than 250 indigenous, human-rights, conservation, and public-health groups delivered correspondence asking the Inter-American Commission on Human Rights to hold a hearing on human rights abuses caused by industrial meat, egg, and dairy facilities across the Americas. The request urges the commission to investigate human rights abuses resulting from the unchecked expansion of Concentrated Animal Feeding Operations (CAFOs) across the Americas and issue a report with recommendations to address those abuses.
Legislative Updates
Enacted Federal Actions
President Biden Signs Big Cat Public Safety Act
President Biden signed House Resolution 263, the Big Cat Public Safety Act. The law now closes loopholes in the Captive Wildlife Safety Act amendments to the Lacey Act by prohibiting the private possession of big cats and prohibiting licensed exhibitors from using most big cat species for lucrative photo ops and other public contact experiences. Such profit incentives drive the rapid breeding and disposal of tigers and other big cats into the pet trade. Under the new law, private owners may keep cats they currently own if they register the animals with U.S. Fish & Wildlife Service within 180 days. The bill, which was introduced by Representative Mike Quigley multiple times, imposes civil and criminal penalties on violators.
President Biden signed House Resolution 263, the Big Cat Public Safety Act. The law now closes loopholes in the Captive Wildlife Safety Act amendments to the Lacey Act by prohibiting the private possession of big cats and prohibiting licensed exhibitors from using most big cat species for lucrative photo ops and other public contact experiences. Such profit incentives drive the rapid breeding and disposal of tigers and other big cats into the pet trade. Under the new law, private owners may keep cats they currently own if they register the animals with U.S. Fish & Wildlife Service within 180 days. The bill, which was introduced by Representative Mike Quigley multiple times, imposes civil and criminal penalties on violators.
Pending Federal Actions
Bill Would Create Pilot Program for Nonlethal Solutions for Human-Beaver Conflict
House Resolution 9501, the Developing Alternative Mitigation Systems (DAMS) for Beavers Act, would invest in effective, nonlethal solutions to reduce property damage caused by this keystone species known as “ecosystem engineers.” The DAMS for Beavers Act would establish a federal pilot grant program of $1 million per year for five years to cover the costs of installing and maintaining nonlethal systems in urban and rural areas experiencing human-beaver conflicts. The bill was introduced by Representative Suzan DelBene and has been referred to the House Committee on Natural Resources. The bill text is not yet publicly available.
House Resolution 9501, the Developing Alternative Mitigation Systems (DAMS) for Beavers Act, would invest in effective, nonlethal solutions to reduce property damage caused by this keystone species known as “ecosystem engineers.” The DAMS for Beavers Act would establish a federal pilot grant program of $1 million per year for five years to cover the costs of installing and maintaining nonlethal systems in urban and rural areas experiencing human-beaver conflicts. The bill was introduced by Representative Suzan DelBene and has been referred to the House Committee on Natural Resources. The bill text is not yet publicly available.
Bill Would Prevent Federal Funding from Being Used for Ventilation Shutdown Killing
House Resolution 9552, the Transparency in Depopulation Act, would prevent federal funding from being used for certain methods of animal slaughter, including ventilation shutdown, which entails elimination of ventilation and fan systems to raise temperatures and kill animals by inducing hyperthermia and hypoxia. The provisions also would require farms to publicly disclose their killing methods and other associated data. The bill was introduced by Representative Pramila Jayapal and has been referred to the House Committee on Agriculture. The bill text is not yet publicly available.
House Resolution 9552, the Transparency in Depopulation Act, would prevent federal funding from being used for certain methods of animal slaughter, including ventilation shutdown, which entails elimination of ventilation and fan systems to raise temperatures and kill animals by inducing hyperthermia and hypoxia. The provisions also would require farms to publicly disclose their killing methods and other associated data. The bill was introduced by Representative Pramila Jayapal and has been referred to the House Committee on Agriculture. The bill text is not yet publicly available.
Enacted State Actions
New York Governor Kathy Hochul Signs Cruelty Free Cosmetics Act
Governor Kathy Hochul signed the New York Cruelty Free Cosmetics Act (A.5653B/S.4839B) which prohibits the manufacture and sale of cosmetics in New York State that have been tested on animals. The law takes effect in January 2023, and New York now joins California, Nevada, Illinois, Hawaii, Maryland, Maine, New Jersey, Virginia, and Louisiana on the growing list of states imposing such bans.
Governor Kathy Hochul signed the New York Cruelty Free Cosmetics Act (A.5653B/S.4839B) which prohibits the manufacture and sale of cosmetics in New York State that have been tested on animals. The law takes effect in January 2023, and New York now joins California, Nevada, Illinois, Hawaii, Maryland, Maine, New Jersey, Virginia, and Louisiana on the growing list of states imposing such bans.
Pending State Actions
Montana Bill Would Revise State Hunting License and Permit Laws
Montana LC 3621, which is still in the drafting process, would generally revise the state’s hunting license and permit laws. Montana’s 2023 legislative session will open on January 2, 2023.
Montana LC 3621, which is still in the drafting process, would generally revise the state’s hunting license and permit laws. Montana’s 2023 legislative session will open on January 2, 2023.
Montana Bill Would Create Commission for Preserving Aquatic Resources
Montana LC 687 would establish the Western Montana Conservation Commission for purposes of protecting Montana’s aquatic resources. The bill has not yet been assigned to a committee.
Montana LC 687 would establish the Western Montana Conservation Commission for purposes of protecting Montana’s aquatic resources. The bill has not yet been assigned to a committee.
Bill Would Ban Fur Farming in Washington State
Washington House Bill 1034 would prohibit fur farming in the state and end the practice of fur farming by 2024. The bill has been pre-filed and has not yet been assigned to a committee.
Washington House Bill 1034 would prohibit fur farming in the state and end the practice of fur farming by 2024. The bill has been pre-filed and has not yet been assigned to a committee.
Arkansas Bill Would Amend Hunting Laws to Treat Certain Out-of-State Minors as In-State Residents for Hunting License Purposes
Arkansas House Bill 1033 would treat out-of-state minors as Arkansas residents for purposes of hunting license fees while they are visiting a parent in state. The bill has not yet been assigned to a committee.
Arkansas House Bill 1033 would treat out-of-state minors as Arkansas residents for purposes of hunting license fees while they are visiting a parent in state. The bill has not yet been assigned to a committee.
Case Law Updates
Federal Court Updates
Army Corps of Engineers Withdraws Approval of Matagorda Bay Dredging Project
The U.S. Army Corps of Engineers has withdrawn its approval to dredge the Matagorda Bay shipping channel in Texas and has committed to carrying out a supplemental environmental impact statement. The withdrawal comes in response to litigation brought by San Antonio Bay Estuarine Waterkeeper, Texas Campaign for the Environment, Turtle Island Restoration Network, Earthworks, and the Environmental Integrity Project that alleged further environmental review was needed to determine the potential dredging impact on oyster reefs and fish habitats in the area.
The U.S. Army Corps of Engineers has withdrawn its approval to dredge the Matagorda Bay shipping channel in Texas and has committed to carrying out a supplemental environmental impact statement. The withdrawal comes in response to litigation brought by San Antonio Bay Estuarine Waterkeeper, Texas Campaign for the Environment, Turtle Island Restoration Network, Earthworks, and the Environmental Integrity Project that alleged further environmental review was needed to determine the potential dredging impact on oyster reefs and fish habitats in the area.
Conservation Groups Sue Department of the Interior to Force Sanctions Against Mexico for Failure to Protect Vaquita Porpoises
The Center for Biological Diversity, Animal Welfare Institute, and Natural Resources Defense Council sued the U.S. Department of the Interior (DOI) in the U.S. Court of International Trade to force sanctions against Mexico. The plaintiffs claim Mexico is allowing illegal fishing that has reduced the population of vaquita porpoises to only ten estimated remaining animals. According to the complaint, vaquita become entangled and drown in illegal nets set to catch totoaba, an endangered fish whose bladders are in high demand in China. The lawsuit demands that the DOI finally certify Mexico under the Pelly Amendment, which would allow the Biden administration to embargo wildlife products from Mexico.
The Center for Biological Diversity, Animal Welfare Institute, and Natural Resources Defense Council sued the U.S. Department of the Interior (DOI) in the U.S. Court of International Trade to force sanctions against Mexico. The plaintiffs claim Mexico is allowing illegal fishing that has reduced the population of vaquita porpoises to only ten estimated remaining animals. According to the complaint, vaquita become entangled and drown in illegal nets set to catch totoaba, an endangered fish whose bladders are in high demand in China. The lawsuit demands that the DOI finally certify Mexico under the Pelly Amendment, which would allow the Biden administration to embargo wildlife products from Mexico.
Wildlife Trafficker Who Sold Rhinoceros Horns and Elephant Ivory to Buyers in the U.S. and Asia Sentenced to Fifty-Seven Months in Federal Prison
U.S. District Judge Gregory H. Woods sentenced Guinea citizen Amara Cherif to fifty-seven months in federal prison for his role in a conspiracy to traffic millions of dollars in rhinoceros horns and elephant ivory, which involved the illegal poaching of more than approximately thirty-five rhinoceros and more than one hundred elephants. Cherif’s co-conspirators, Liberian citizen Moazu Kromah, and Kenyan Mansur Mohamed Surur, each previously were sentenced to more than four years in federal prison. The three co-conspirators trafficked and sold approximately 190 kilograms of rhinoceros horns and at least 10 tons of elephant ivory from multiple East African countries, including Uganda, the Democratic Republic of the Congo, Guinea, Kenya, Mozambique, Senegal, and Tanzania, to buyers in the United States and Southeast Asia from December 2012 through at least May 2019.
U.S. District Judge Gregory H. Woods sentenced Guinea citizen Amara Cherif to fifty-seven months in federal prison for his role in a conspiracy to traffic millions of dollars in rhinoceros horns and elephant ivory, which involved the illegal poaching of more than approximately thirty-five rhinoceros and more than one hundred elephants. Cherif’s co-conspirators, Liberian citizen Moazu Kromah, and Kenyan Mansur Mohamed Surur, each previously were sentenced to more than four years in federal prison. The three co-conspirators trafficked and sold approximately 190 kilograms of rhinoceros horns and at least 10 tons of elephant ivory from multiple East African countries, including Uganda, the Democratic Republic of the Congo, Guinea, Kenya, Mozambique, Senegal, and Tanzania, to buyers in the United States and Southeast Asia from December 2012 through at least May 2019.
United States Sues Arizona Over Shipping Container Border Wall That Has Degraded Wildlife Habitats
The federal government sued Arizona and its governor, Douglas Ducey, for allegedly trespassing on federal lands by installing hundreds of unauthorized shipping containers along the Mexican border, alleging constitutional violations, interference with easements, ejectment, and trespass in connection with the state’s placement of containers without authorization. Among other allegations, the Government alleges, “Arizona has cut down or removed scores of trees, clogged drainages, and degraded the habitat of species listed under the Endangered Species Act. The shipping containers are blocking approximately thirty naturally occurring ephemeral watercourses, which will interrupt natural watershed patterns, erode soil in the immediate area, and damage vegetation and forage.” The Government’s lawsuit was filed a week before the requisite sixty days will run on the Center for Biological Diversity’s notice of intent to sue Arizona for Endangered Species Act violations in connection with erection of the shipping container wall.
The federal government sued Arizona and its governor, Douglas Ducey, for allegedly trespassing on federal lands by installing hundreds of unauthorized shipping containers along the Mexican border, alleging constitutional violations, interference with easements, ejectment, and trespass in connection with the state’s placement of containers without authorization. Among other allegations, the Government alleges, “Arizona has cut down or removed scores of trees, clogged drainages, and degraded the habitat of species listed under the Endangered Species Act. The shipping containers are blocking approximately thirty naturally occurring ephemeral watercourses, which will interrupt natural watershed patterns, erode soil in the immediate area, and damage vegetation and forage.” The Government’s lawsuit was filed a week before the requisite sixty days will run on the Center for Biological Diversity’s notice of intent to sue Arizona for Endangered Species Act violations in connection with erection of the shipping container wall.
Georgia Advocacy Group Sues Army Corps of Engineers to Protect Sea Turtles and Other Marine Life from Dredging Project
One Hundred Miles, a Georgia-based environmental group, is challenging the U.S. Army Corps of Engineers’ (Corps) elimination of seasonal limitations on dredging projects in a Georgia harbor that serves as habitat for protected sea turtles and other marine life. Plaintiff claims the Corps’ plan to commence year-round hopper dredging in Brunswick Harbor in 2023 would injure and kill “federally threatened sea turtles, as well as fish and other sensitive species” and that the decision is based on an incomplete environmental review in violation of the National Environmental Policy Act. Plaintiff seeks declaratory judgment and injunctive relief.
One Hundred Miles, a Georgia-based environmental group, is challenging the U.S. Army Corps of Engineers’ (Corps) elimination of seasonal limitations on dredging projects in a Georgia harbor that serves as habitat for protected sea turtles and other marine life. Plaintiff claims the Corps’ plan to commence year-round hopper dredging in Brunswick Harbor in 2023 would injure and kill “federally threatened sea turtles, as well as fish and other sensitive species” and that the decision is based on an incomplete environmental review in violation of the National Environmental Policy Act. Plaintiff seeks declaratory judgment and injunctive relief.
State Court Updates
Largest Environmental Damage Recovery in Oregon History Reached in $698 Million Settlement for Monsanto’s Use of PCBs that Damaged Oregon Waters and Wildlife
The State of Oregon and Bayer US LLC, parent company of Monsanto and its co-defendants, have reached a $698 million settlement to resolve claims that Monsanto was aware as early as 1937 of the toxic nature of polychlorinated biphenyls (PCBs), but continued to use the PCBs until they were banned in 1977, damaging Oregon waters and wildlife in the process. According to Oregon’s Attorney General, it is the largest environmental damage recovery in Oregon's history.
The State of Oregon and Bayer US LLC, parent company of Monsanto and its co-defendants, have reached a $698 million settlement to resolve claims that Monsanto was aware as early as 1937 of the toxic nature of polychlorinated biphenyls (PCBs), but continued to use the PCBs until they were banned in 1977, damaging Oregon waters and wildlife in the process. According to Oregon’s Attorney General, it is the largest environmental damage recovery in Oregon's history.
Agency Updates
FWS Opens Public Comment Period on Proposed MBTA Listing Changes
The U.S. Fish and Wildlife Service (FWS) published notice of its intent to revise the Migratory Bird Treaty Act List of Protected Birds by both adding and removing species based on new taxonomy and new evidence of natural occurrence in the United States or U.S. territories. FWS will accept comments on the proposed listing changes through February 10, 2023.
The U.S. Fish and Wildlife Service (FWS) published notice of its intent to revise the Migratory Bird Treaty Act List of Protected Birds by both adding and removing species based on new taxonomy and new evidence of natural occurrence in the United States or U.S. territories. FWS will accept comments on the proposed listing changes through February 10, 2023.
FWS Announces ESA Protection for Reindeer
The U.S. Fish and Wildlife Service protected the Dolphin and Union caribou, a population of caribou inhabiting the Arctic regions of Canada’s northern territories and better known as “reindeer,” as endangered under the Endangered Species Act. This specific population of caribou inhabits the Arctic regions of Canada’s northern territory. The endangered listing restricts trade in Dolphin and Union caribou in the United States and will become effective January 12, 2023.
The U.S. Fish and Wildlife Service protected the Dolphin and Union caribou, a population of caribou inhabiting the Arctic regions of Canada’s northern territories and better known as “reindeer,” as endangered under the Endangered Species Act. This specific population of caribou inhabits the Arctic regions of Canada’s northern territory. The endangered listing restricts trade in Dolphin and Union caribou in the United States and will become effective January 12, 2023.
FDA Announces Amendments to Animal Drug Regulations
The Food and Drug Administration announced that it is amending the animal drug regulations to reflect application-related actions for new animal drug applications, abbreviated new animal drug applications, and conditionally approved new animal drug applications for broiler chickens and dogs during April, May, and June 2022. The new rules are effective December 14, 2022.
The Food and Drug Administration announced that it is amending the animal drug regulations to reflect application-related actions for new animal drug applications, abbreviated new animal drug applications, and conditionally approved new animal drug applications for broiler chickens and dogs during April, May, and June 2022. The new rules are effective December 14, 2022.
NMFS Closes General Category Fishery for Atlantic Bluefin Tuna to Prevent Overfishing
The National Marine Fisheries Service announced the closure of the general category fishery for large, medium, and giant Atlantic bluefin tuna effective December 10, 2022, through December 31, 2022, to prevent overfishing.
The National Marine Fisheries Service announced the closure of the general category fishery for large, medium, and giant Atlantic bluefin tuna effective December 10, 2022, through December 31, 2022, to prevent overfishing.
NIH Opens Public Comment Period on Data Collection relating to Laboratory Animal Welfare
The National Institutes of Health is seeking public comments on a proposed information collection relating to the Office of Laboratory Animal Welfare in the Office of Extramural Research’s synthesis of data concerning research facility Institutional Animal Care and Use Committees and compliance with Public Health Service Policy on Humane Care and Use of Laboratory Animals. NIH will accept comments on the proposed data collection through February 13, 2023.
The National Institutes of Health is seeking public comments on a proposed information collection relating to the Office of Laboratory Animal Welfare in the Office of Extramural Research’s synthesis of data concerning research facility Institutional Animal Care and Use Committees and compliance with Public Health Service Policy on Humane Care and Use of Laboratory Animals. NIH will accept comments on the proposed data collection through February 13, 2023.
Advocacy Groups Urge FWS to Enforce MBTA to Protect Brown Pelicans in Florida
The Center for Biological Diversity, Friends of the Pelicans, Friends of the Tampa Bay National Wildlife Refuges, Conservancy of Southwest Florida, Humane Society of the United States, and the American Bird Conservancy are urging the U.S. Fish and Wildlife Service (FWS) to enforce the Migratory Bird Treaty Act (MBTA) if Florida fails to address threats to protected coastal birds at the Sunshine Skyway Fishing Pier State Park. According to the groups, state-sanctioned fishing activities at the pier are injuring and killing a significant number of brown pelicans and other migratory coastal birds when they become hooked or entangled in fishing gear. The groups argue that these casualties all constitute illegal takes under the MBTA that require FWS intervention.
The Center for Biological Diversity, Friends of the Pelicans, Friends of the Tampa Bay National Wildlife Refuges, Conservancy of Southwest Florida, Humane Society of the United States, and the American Bird Conservancy are urging the U.S. Fish and Wildlife Service (FWS) to enforce the Migratory Bird Treaty Act (MBTA) if Florida fails to address threats to protected coastal birds at the Sunshine Skyway Fishing Pier State Park. According to the groups, state-sanctioned fishing activities at the pier are injuring and killing a significant number of brown pelicans and other migratory coastal birds when they become hooked or entangled in fishing gear. The groups argue that these casualties all constitute illegal takes under the MBTA that require FWS intervention.
FSIS Announces Recall of Crispy Chicken Entrée Due to Undeclared Allergen
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced that Idaho-based Mountain View Packaging, LLC is recalling approximately 6,013 pounds of frozen, ready-to-eat, Crispy Chicken with Almonds entrée products due to misbranding and an undeclared allergen. The product contains shellfish, which is not declared on the product label.
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced that Idaho-based Mountain View Packaging, LLC is recalling approximately 6,013 pounds of frozen, ready-to-eat, Crispy Chicken with Almonds entrée products due to misbranding and an undeclared allergen. The product contains shellfish, which is not declared on the product label.
FTC Plans to Update Green Guides and Will Seek Public Input on Oversight of Environmental Claims in Marketing
Due to growing consumer concerns about environmental impacts in purchasing decisions, the Federal Trade Commission (FTC) is soliciting public input about how it should update its "Green Guides," which outline principles to apply to environmental marketing claims. FTC will be accepting comments on or before February 21, 2023.
Due to growing consumer concerns about environmental impacts in purchasing decisions, the Federal Trade Commission (FTC) is soliciting public input about how it should update its "Green Guides," which outline principles to apply to environmental marketing claims. FTC will be accepting comments on or before February 21, 2023.
APHIS Seeks Public Comment on Information Collection Relating to Avian Influenza in Commercial Turkeys
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced its intention to request an extension of an approved information collection associated with the case-control study on highly pathogenic avian influenza in U.S. commercial turkey flocks. APHIS will accept public comments through February 14, 2023.
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced its intention to request an extension of an approved information collection associated with the case-control study on highly pathogenic avian influenza in U.S. commercial turkey flocks. APHIS will accept public comments through February 14, 2023.
NMFS Bans Import of Fish Products from Certain New Zealand Fisheries
Under the authority of the Marine Mammal Protection Act, and pursuant to a November 28, 2022 court order, the National Marine Fisheries Service announced import restrictions on fish harvested in certain Government of New Zealand (GNZ) regulated fisheries due to GNZ’s failure to impose sufficient measures to protect marine mammals from fishing vessel strikes. Similar fish products harvested from other areas or with other types of fishing gear will only be eligible for entry into the U.S. market when accompanied by a Certification of Admissibility validating origin from somewhere other than the restricted fisheries.
Under the authority of the Marine Mammal Protection Act, and pursuant to a November 28, 2022 court order, the National Marine Fisheries Service announced import restrictions on fish harvested in certain Government of New Zealand (GNZ) regulated fisheries due to GNZ’s failure to impose sufficient measures to protect marine mammals from fishing vessel strikes. Similar fish products harvested from other areas or with other types of fishing gear will only be eligible for entry into the U.S. market when accompanied by a Certification of Admissibility validating origin from somewhere other than the restricted fisheries.
International Updates
Groups Ask International Commission on Human Rights to Investigate Abuses on CAFOs Across the Americas
More than 250 indigenous, human-rights, conservation, and public-health groups delivered correspondence asking the Inter-American Commission on Human Rights to hold a hearing on human rights abuses caused by industrial meat, egg, and dairy facilities across the Americas. The request urges the commission to investigate human rights abuses resulting from the unchecked expansion of Concentrated Animal Feeding Operations (CAFOs) across the Americas and issue a report with recommendations to address those abuses.
More than 250 indigenous, human-rights, conservation, and public-health groups delivered correspondence asking the Inter-American Commission on Human Rights to hold a hearing on human rights abuses caused by industrial meat, egg, and dairy facilities across the Americas. The request urges the commission to investigate human rights abuses resulting from the unchecked expansion of Concentrated Animal Feeding Operations (CAFOs) across the Americas and issue a report with recommendations to address those abuses.
EU AgriFish Council Meeting Reveals that Member Countries Want to Improve Animal Welfare Legislation
The European Union’s Agriculture and Fisheries Council held a meeting revealing that many member countries are interested in exploring how animal welfare legislation can be improved, including for farmed animals, and how trade policies can be adjusted to reflect these values. Individual countries raised proposals, including a ban on the culling of male chicks, improved welfare standards for fish, poultry, and dairy cows, improved long-distance transport standards, and a ban on fur farming. Others voiced concerns for zoonotic diseases, companion animal welfare, and stricter regulations to curtail illegal trade in animals.
The European Union’s Agriculture and Fisheries Council held a meeting revealing that many member countries are interested in exploring how animal welfare legislation can be improved, including for farmed animals, and how trade policies can be adjusted to reflect these values. Individual countries raised proposals, including a ban on the culling of male chicks, improved welfare standards for fish, poultry, and dairy cows, improved long-distance transport standards, and a ban on fur farming. Others voiced concerns for zoonotic diseases, companion animal welfare, and stricter regulations to curtail illegal trade in animals.
Academic Updates
Article Explores Consumer Interest in Purchasing Pork from Animals Produced Using Enhanced Welfare Standards in China
Liang, Y., Cheng, Y., Xu, Y., Hua, G., Zheng, Z., Li, H., & Han, L. (2022). Consumer Preferences for Animal Welfare in China: Optimization of Pork Production-Marketing Chains. Animals: An Open Access Journal from MDPI, 12(21), relays the results of a study about the extent of Chinese consumer preferences for pork produced using animal-welfare-enhancing farming methods.
Liang, Y., Cheng, Y., Xu, Y., Hua, G., Zheng, Z., Li, H., & Han, L. (2022). Consumer Preferences for Animal Welfare in China: Optimization of Pork Production-Marketing Chains. Animals: An Open Access Journal from MDPI, 12(21), relays the results of a study about the extent of Chinese consumer preferences for pork produced using animal-welfare-enhancing farming methods.