Oregon LC 715 would establish requirements for aquaculture facilities to better protect the environment, wildlife, and promote animal welfare. Provisions include requirements for environmental enrichment and humane methods of slaughter. The bill includes a citizen suit provision and would subject violators to civil and criminal penalties. It has been pre-filed and has not yet been assigned to a committee.
This Week's Spotlights
Legislative Updates - Pending State Actions
Oregon Aquaculture Act Would Require Fish Farms to Meet Higher Environmental and Welfare Standards
New Jersey Bill Would Ban Retail Pet Sales of Companion Animals
New Jersey Senate Bill 3421, the “Pet Purchase Protection Act,” would prohibit the sale of cats, dogs, or rabbits by pet shops and would establish certain requirements for lawful animal adoptions. The bill has been referred to the Senate Economic Growth Committee.
New Jersey Senate Bill 3421, the “Pet Purchase Protection Act,” would prohibit the sale of cats, dogs, or rabbits by pet shops and would establish certain requirements for lawful animal adoptions. The bill has been referred to the Senate Economic Growth Committee.
Virginia Bill Would Require Pet Stores to Notify Purchasers of USDA Breeder-Dealer Inspection Report Availability
Virginia House Bill 1451 would require pet shop owners to comply with certain record-keeping requirements for dogs being sold and to post conspicuous notices that the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service Animal Welfare Act inspection reports for commercial breeding facilities that have supplied the dogs are available for review prior to purchase. Violators would be subject to civil penalties of up to $1,000 per violation.
Virginia House Bill 1451 would require pet shop owners to comply with certain record-keeping requirements for dogs being sold and to post conspicuous notices that the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service Animal Welfare Act inspection reports for commercial breeding facilities that have supplied the dogs are available for review prior to purchase. Violators would be subject to civil penalties of up to $1,000 per violation.
Federal Court Case Law Updates
Lawsuit Alleges USDA is Illegally Funneling Family Farm Loans to Industrial Chicken Producers
Concerned Citizens of West Tennessee filed suit against the U.S. Department of Agriculture, alleging that Farm Service Agency (FSA) loans intended for “family farms” should not have been granted to “industrial scale chicken operations without thoroughly analyzing their environmental impacts as required by law.” Plaintiffs claim the FSA-funded chicken farms are “affiliated with and controlled by Tyson” and do not qualify as “family farms” as defined by the FSA regulations. The complaint further alleges that FSA did not conduct the necessary environmental analysis for the loans as required by the National Environmental Policy Act.
Concerned Citizens of West Tennessee filed suit against the U.S. Department of Agriculture, alleging that Farm Service Agency (FSA) loans intended for “family farms” should not have been granted to “industrial scale chicken operations without thoroughly analyzing their environmental impacts as required by law.” Plaintiffs claim the FSA-funded chicken farms are “affiliated with and controlled by Tyson” and do not qualify as “family farms” as defined by the FSA regulations. The complaint further alleges that FSA did not conduct the necessary environmental analysis for the loans as required by the National Environmental Policy Act.
Five Major Fast Food Chains File Beef Price Fixing Lawsuits Against Meatpackers Cargill, Swift, JBS, and Tyson
The parent companies of Arby’s, Burger King, Carl’s Jr./Hardee’s, Sonic, and Whataburger sued Cargill, Inc., Cargill Meat Solutions Corp., JBS S.A., JBS USA Food Company, JBS Packerland, Inc., National Beef Packing Company, Swift Beef Company, Tyson Foods, Inc., and Tyson Fresh Meats, Inc. for allegedly conspiring to limit the supply and fix the prices of beef sold to the fast food chains in the U.S. wholesale market in violation of the Sherman Antitrust Act. Each of the five nearly identical lawsuits against the world’s largest meat processing and packing companies were filed in the same court, the U.S. District Court for the Southern District of Florida. These plaintiffs are ARCOP, Inc., CKE Restaurant Holdings, Inc., Restaurant Services, Inc., Sonic Industries Services, Inc. (Sonic), and Whatabrands, LLC.
The parent companies of Arby’s, Burger King, Carl’s Jr./Hardee’s, Sonic, and Whataburger sued Cargill, Inc., Cargill Meat Solutions Corp., JBS S.A., JBS USA Food Company, JBS Packerland, Inc., National Beef Packing Company, Swift Beef Company, Tyson Foods, Inc., and Tyson Fresh Meats, Inc. for allegedly conspiring to limit the supply and fix the prices of beef sold to the fast food chains in the U.S. wholesale market in violation of the Sherman Antitrust Act. Each of the five nearly identical lawsuits against the world’s largest meat processing and packing companies were filed in the same court, the U.S. District Court for the Southern District of Florida. These plaintiffs are ARCOP, Inc., CKE Restaurant Holdings, Inc., Restaurant Services, Inc., Sonic Industries Services, Inc. (Sonic), and Whatabrands, LLC.
Advocacy Groups Sue to Compel EPA to Regulate Factory Farming Water Pollution
Ten community, environmental, and animal protection advocacy groups sued the Environmental Protection Agency (EPA), alleging that the agency has failed to regulate water pollution from factory farming in a way that violates the Clean Water Act. Plaintiffs seek declaratory judgment and injunctive relief, including an order compelling the EPA to promulgate regulations governing wastewater discharges from meat and poultry product facilities. The plaintiffs are represented by Earthjustice and the Environmental Integrity Project.
Ten community, environmental, and animal protection advocacy groups sued the Environmental Protection Agency (EPA), alleging that the agency has failed to regulate water pollution from factory farming in a way that violates the Clean Water Act. Plaintiffs seek declaratory judgment and injunctive relief, including an order compelling the EPA to promulgate regulations governing wastewater discharges from meat and poultry product facilities. The plaintiffs are represented by Earthjustice and the Environmental Integrity Project.
Federal Appeals Court Finds EPA Has “Skipped” Required Analysis of Pesticide Impacts on Protected Animals and Plants “For Decades”
The U.S. Court of Appeals for the District of Columbia Circuit ordered the Environmental Protection Agency (EPA) to address the harms of four pesticides to endangered plants and animals, finding that the agency “routinely skipped” performing adequate assessment of the impact of pesticides on endangered fauna and flora “for decades.” The decision marks the third time in four weeks that federal courts have ordered the EPA to address pesticide harms to endangered species. Last week, the U.S. Court of Appeals for the 9th Circuit ordered the agency to address dangers to endangered wildlife and pollinators from the insecticide sulfoxaflor. Last month, the D.C. Circuit ordered the EPA to address its long-delayed obligation to protect endangered species from the toxic insecticide cyantraniliprole.
The U.S. Court of Appeals for the District of Columbia Circuit ordered the Environmental Protection Agency (EPA) to address the harms of four pesticides to endangered plants and animals, finding that the agency “routinely skipped” performing adequate assessment of the impact of pesticides on endangered fauna and flora “for decades.” The decision marks the third time in four weeks that federal courts have ordered the EPA to address pesticide harms to endangered species. Last week, the U.S. Court of Appeals for the 9th Circuit ordered the agency to address dangers to endangered wildlife and pollinators from the insecticide sulfoxaflor. Last month, the D.C. Circuit ordered the EPA to address its long-delayed obligation to protect endangered species from the toxic insecticide cyantraniliprole.
Agency Spotlights
Minnesota DNR Updates its Wolf Management Plan for the First Time in Over Twenty Years
The Minnesota Department of Natural Resources (DNR) released its final wolf management plan for 2022-2023, which will replace the plan last updated in 2001 and guide the state’s wolf conservation efforts for the next decade. The new plan emphasizes conflict-prevention between wolves and livestock and commits the state to providing technical guidance for livestock owners on non-lethal and preventative ways to avoid wolf predations. Wolves in Minnesota are protected by the federal Endangered Species Act and may not be hunted.
The Minnesota Department of Natural Resources (DNR) released its final wolf management plan for 2022-2023, which will replace the plan last updated in 2001 and guide the state’s wolf conservation efforts for the next decade. The new plan emphasizes conflict-prevention between wolves and livestock and commits the state to providing technical guidance for livestock owners on non-lethal and preventative ways to avoid wolf predations. Wolves in Minnesota are protected by the federal Endangered Species Act and may not be hunted.
FDA Withdraws Enforcement Policy that Governed Veterinary Telemedicine During the Covid-19 Pandemic
The Food and Drug Administration (FDA) announced the withdrawal of a guidance document entitled “Enforcement Policy Regarding Federal VCPR Requirements to Facilitate Veterinary Telemedicine During the COVID-19 Outbreak,” which was issued in March 2020. FDA is withdrawing the guidance document because the conditions that created the need for the enforcement policy have evolved such that the policy is no longer necessary. The withdrawal is effective February 21, 2023.
The Food and Drug Administration (FDA) announced the withdrawal of a guidance document entitled “Enforcement Policy Regarding Federal VCPR Requirements to Facilitate Veterinary Telemedicine During the COVID-19 Outbreak,” which was issued in March 2020. FDA is withdrawing the guidance document because the conditions that created the need for the enforcement policy have evolved such that the policy is no longer necessary. The withdrawal is effective February 21, 2023.
USDA Launches Intitiative to Track COVID and Other Zoonotic Diseases in Wild and Domestic Animals
The U.S. Department of Agriculture (USDA) announced it is developing new tests and tools designed to detect COVID-19 and its variants in wild and domestic animals. The USDA’s Animal and Plant Health Inspection Service is implementing a $300 million provision in the American Rescue Plan Act to partner with USDA’s Agricultural Research Service “on five research projects to improve understanding of the virus and to help USDA accomplish its goal of building an early warning system to potentially prevent or limit the next zoonotic disease outbreak or global pandemic.”
The U.S. Department of Agriculture (USDA) announced it is developing new tests and tools designed to detect COVID-19 and its variants in wild and domestic animals. The USDA’s Animal and Plant Health Inspection Service is implementing a $300 million provision in the American Rescue Plan Act to partner with USDA’s Agricultural Research Service “on five research projects to improve understanding of the virus and to help USDA accomplish its goal of building an early warning system to potentially prevent or limit the next zoonotic disease outbreak or global pandemic.”
International Spotlights
Animal Cruelty Charges Against Marineland Dropped for the Second Time in Five Years
For the second time in five years, the Canadian Crown has dropped cruelty-to-animals charges against Marineland amusement park in Niagara Falls. The Niagara Regional Police had charged Marineland in 2021, alleging that the amusement park had used dolphins and whales for entertainment purposes in violation of Canada’s Ending the Captivity of Whales and Dolphins Act.
For the second time in five years, the Canadian Crown has dropped cruelty-to-animals charges against Marineland amusement park in Niagara Falls. The Niagara Regional Police had charged Marineland in 2021, alleging that the amusement park had used dolphins and whales for entertainment purposes in violation of Canada’s Ending the Captivity of Whales and Dolphins Act.
Legislative Updates
Enacted State Actions
New York Bill Establishes Greater State Oversight of Animal Shelters
Governor Kathy Hochul signed Assembly Bill 6246C, which establishes an animal shelter regulation fund, imposes certain requirements for animal shelters, and subjects licensed shelters to greater oversight including licensing requirements and unannounced inspections.
Governor Kathy Hochul signed Assembly Bill 6246C, which establishes an animal shelter regulation fund, imposes certain requirements for animal shelters, and subjects licensed shelters to greater oversight including licensing requirements and unannounced inspections.
New York Bill Encourages Use of Pollinator Friendly Plant Species on Highway Medians
New York Governor Kathy Hochul signed Senate Bill 660, which requires the Department of Environmental Conservation to develop policies for the use of native, pollinator-friendly plant species on highway medians.
New York Governor Kathy Hochul signed Senate Bill 660, which requires the Department of Environmental Conservation to develop policies for the use of native, pollinator-friendly plant species on highway medians.
Pending State Actions
Oregon Aquaculture Act Would Require Fish Farms to Meet Higher Environmental and Welfare Standards
Oregon LC 715 would establish requirements for aquaculture facilities to better protect the environment, wildlife, and promote animal welfare. Provisions include requirements for environmental enrichment and humane methods of slaughter. The bill includes a citizen suit provision and would subject violators to civil and criminal penalties. It has been pre-filed and has not yet been assigned to a committee.
Oregon LC 715 would establish requirements for aquaculture facilities to better protect the environment, wildlife, and promote animal welfare. Provisions include requirements for environmental enrichment and humane methods of slaughter. The bill includes a citizen suit provision and would subject violators to civil and criminal penalties. It has been pre-filed and has not yet been assigned to a committee.
New Jersey Bill Would Ban Retail Pet Sales of Companion Animals
New Jersey Senate Bill 3421, the “Pet Purchase Protection Act,” would prohibit the sale of cats, dogs, or rabbits by pet shops and would establish certain requirements for lawful animal adoptions. The bill has been referred to the Senate Economic Growth Committee.
New Jersey Senate Bill 3421, the “Pet Purchase Protection Act,” would prohibit the sale of cats, dogs, or rabbits by pet shops and would establish certain requirements for lawful animal adoptions. The bill has been referred to the Senate Economic Growth Committee.
Virginia Bill Would Require Pet Stores to Notify Purchasers of USDA Breeder-Dealer Inspection Report Availability
Virginia House Bill 1451 would require pet shop owners to comply with certain record-keeping requirements for dogs being sold and to post conspicuous notices that the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service Animal Welfare Act inspection reports for commercial breeding facilities that have supplied the dogs are available for review prior to purchase. Violators would be subject to civil penalties of up to $1,000 per violation.
Virginia House Bill 1451 would require pet shop owners to comply with certain record-keeping requirements for dogs being sold and to post conspicuous notices that the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service Animal Welfare Act inspection reports for commercial breeding facilities that have supplied the dogs are available for review prior to purchase. Violators would be subject to civil penalties of up to $1,000 per violation.
Washington State Bill Encourages Landowners to Participate in Salmon Recovery
Washington House Bill 1076 would encourage salmon recovery through voluntary landowner stewardship. The bill has been pre-filed and has not yet been assigned to a committee.
Washington House Bill 1076 would encourage salmon recovery through voluntary landowner stewardship. The bill has been pre-filed and has not yet been assigned to a committee.
Montana Bill Would Revise Aquatic Invasive Species Funding Laws
Montana LC 4265 would generally revise aquatic invasive species funding laws. The bill still is in the drafting process and has not yet been assigned to a committee.
Montana LC 4265 would generally revise aquatic invasive species funding laws. The bill still is in the drafting process and has not yet been assigned to a committee.
Case Law Updates
Federal Court Updates
Lawsuit Alleges USDA is Illegally Funneling Family Farm Loans to Industrial Chicken Producers
Concerned Citizens of West Tennessee filed suit against the U.S. Department of Agriculture, alleging that Farm Service Agency (FSA) loans intended for “family farms” should not have been granted to “industrial scale chicken operations without thoroughly analyzing their environmental impacts as required by law.” Plaintiffs claim the FSA-funded chicken farms are “affiliated with and controlled by Tyson” and do not qualify as “family farms” as defined by the FSA regulations. The complaint further alleges that FSA did not conduct the necessary environmental analysis for the loans as required by the National Environmental Policy Act.
Concerned Citizens of West Tennessee filed suit against the U.S. Department of Agriculture, alleging that Farm Service Agency (FSA) loans intended for “family farms” should not have been granted to “industrial scale chicken operations without thoroughly analyzing their environmental impacts as required by law.” Plaintiffs claim the FSA-funded chicken farms are “affiliated with and controlled by Tyson” and do not qualify as “family farms” as defined by the FSA regulations. The complaint further alleges that FSA did not conduct the necessary environmental analysis for the loans as required by the National Environmental Policy Act.
Five Major Fast Food Chains File Beef Price Fixing Lawsuits Against Meatpackers Cargill, Swift, JBS, and Tyson
The parent companies of Arby’s, Burger King, Carl’s Jr./Hardee’s, Sonic, and Whataburger sued Cargill, Inc., Cargill Meat Solutions Corp., JBS S.A., JBS USA Food Company, JBS Packerland, Inc., National Beef Packing Company, Swift Beef Company, Tyson Foods, Inc., and Tyson Fresh Meats, Inc. for allegedly conspiring to limit the supply and fix the prices of beef sold to the fast food chains in the U.S. wholesale market in violation of the Sherman Antitrust Act. Each of the five nearly identical lawsuits against the world’s largest meat processing and packing companies were filed in the same court, the U.S. District Court for the Southern District of Florida. These plaintiffs are ARCOP, Inc., CKE Restaurant Holdings, Inc., Restaurant Services, Inc., Sonic Industries Services, Inc. (Sonic), and Whatabrands, LLC.
The parent companies of Arby’s, Burger King, Carl’s Jr./Hardee’s, Sonic, and Whataburger sued Cargill, Inc., Cargill Meat Solutions Corp., JBS S.A., JBS USA Food Company, JBS Packerland, Inc., National Beef Packing Company, Swift Beef Company, Tyson Foods, Inc., and Tyson Fresh Meats, Inc. for allegedly conspiring to limit the supply and fix the prices of beef sold to the fast food chains in the U.S. wholesale market in violation of the Sherman Antitrust Act. Each of the five nearly identical lawsuits against the world’s largest meat processing and packing companies were filed in the same court, the U.S. District Court for the Southern District of Florida. These plaintiffs are ARCOP, Inc., CKE Restaurant Holdings, Inc., Restaurant Services, Inc., Sonic Industries Services, Inc. (Sonic), and Whatabrands, LLC.
Ninth Circuit Finds EPA Failed to Comply with ESA in its Registration of a Bee-Killing Pesticide
The U.S. Court of Appeals for the 9th Circuit ordered the Environmental Protection Agency (EPA) to protect endangered species from the bee-killing insecticide sulfoxaflor, which targets aphids that feed off certain crops. The court held that the agency’s 2019 decision to unconditionally allow new uses of sulfoxaflor violated the Endangered Species Act. The court ordered the EPA to “act immediately to address these deficiencies and complete the ESA ‘effects’ determination and consultation requirements, as well as the [Federal Insecticide, Fungicide, and Rodenticide Act] notice and comment obligation, within 180 days of the mandate being issued in this case.”
The U.S. Court of Appeals for the 9th Circuit ordered the Environmental Protection Agency (EPA) to protect endangered species from the bee-killing insecticide sulfoxaflor, which targets aphids that feed off certain crops. The court held that the agency’s 2019 decision to unconditionally allow new uses of sulfoxaflor violated the Endangered Species Act. The court ordered the EPA to “act immediately to address these deficiencies and complete the ESA ‘effects’ determination and consultation requirements, as well as the [Federal Insecticide, Fungicide, and Rodenticide Act] notice and comment obligation, within 180 days of the mandate being issued in this case.”
Environmental Groups Sue to Stop Drilling in ESA-Protected Wildlife Habitat in Alaska
The Center for Biological Diversity, Natural Resources Defense Council, and Earthjustice, which represents Cook Inletkeeper, Kachemak Bay Conservation Society, and Alaska Community Action on Toxics, sued to stop the Department of the Interior’s lease sale in Cook Inlet, Alaska, alleging that the final environmental impact study violates the National Environmental Policy Act and fails to account for the lease’s impacts on Endangered Species Act-protected wildlife. Lease Sale 258 would auction off nearly a million acres of federal waters in southcentral Alaska, opening the door to decades of future oil and gas drilling in important habitat for wildlife including endangered Cook Inlet beluga whale, fin and humpback whales, wild Pacific salmon, halibut, northern sea otters, brown and black bears, moose, caribou, Steller’s eider, and multiple migratory bird species. Plaintiffs are seeking declaratory judgment and injunctive relief.
The Center for Biological Diversity, Natural Resources Defense Council, and Earthjustice, which represents Cook Inletkeeper, Kachemak Bay Conservation Society, and Alaska Community Action on Toxics, sued to stop the Department of the Interior’s lease sale in Cook Inlet, Alaska, alleging that the final environmental impact study violates the National Environmental Policy Act and fails to account for the lease’s impacts on Endangered Species Act-protected wildlife. Lease Sale 258 would auction off nearly a million acres of federal waters in southcentral Alaska, opening the door to decades of future oil and gas drilling in important habitat for wildlife including endangered Cook Inlet beluga whale, fin and humpback whales, wild Pacific salmon, halibut, northern sea otters, brown and black bears, moose, caribou, Steller’s eider, and multiple migratory bird species. Plaintiffs are seeking declaratory judgment and injunctive relief.
Advocacy Groups Sue to Compel EPA to Regulate Factory Farming Water Pollution
Ten community, environmental, and animal protection advocacy groups sued the Environmental Protection Agency (EPA), alleging that the agency has failed to regulate water pollution from factory farming in a way that violates the Clean Water Act. Plaintiffs seek declaratory judgment and injunctive relief, including an order compelling the EPA to promulgate regulations governing wastewater discharges from meat and poultry product facilities. The plaintiffs are represented by Earthjustice and the Environmental Integrity Project.
Ten community, environmental, and animal protection advocacy groups sued the Environmental Protection Agency (EPA), alleging that the agency has failed to regulate water pollution from factory farming in a way that violates the Clean Water Act. Plaintiffs seek declaratory judgment and injunctive relief, including an order compelling the EPA to promulgate regulations governing wastewater discharges from meat and poultry product facilities. The plaintiffs are represented by Earthjustice and the Environmental Integrity Project.
Federal Appeals Court Finds EPA Has “Skipped” Required Analysis of Pesticide Impacts on Protected Animals and Plants “For Decades”
The U.S. Court of Appeals for the District of Columbia Circuit ordered the Environmental Protection Agency (EPA) to address the harms of four pesticides to endangered plants and animals, finding that the agency “routinely skipped” performing adequate assessment of the impact of pesticides on endangered fauna and flora “for decades.” The decision marks the third time in four weeks that federal courts have ordered the EPA to address pesticide harms to endangered species. Last week, the U.S. Court of Appeals for the 9th Circuit ordered the agency to address dangers to endangered wildlife and pollinators from the insecticide sulfoxaflor. Last month, the D.C. Circuit ordered the EPA to address its long-delayed obligation to protect endangered species from the toxic insecticide cyantraniliprole.
The U.S. Court of Appeals for the District of Columbia Circuit ordered the Environmental Protection Agency (EPA) to address the harms of four pesticides to endangered plants and animals, finding that the agency “routinely skipped” performing adequate assessment of the impact of pesticides on endangered fauna and flora “for decades.” The decision marks the third time in four weeks that federal courts have ordered the EPA to address pesticide harms to endangered species. Last week, the U.S. Court of Appeals for the 9th Circuit ordered the agency to address dangers to endangered wildlife and pollinators from the insecticide sulfoxaflor. Last month, the D.C. Circuit ordered the EPA to address its long-delayed obligation to protect endangered species from the toxic insecticide cyantraniliprole.
Agency Updates
FDA Seeks Public Input on Draft Guidance Relating to Impacts of the Use of Certain Animal Drugs on Human Health
The Food and Drug Administration (FDA) announced the availability of a draft guidance for industry #152 entitled “Evaluating the Safety of Antimicrobial New Animal Drugs with Regard to Their Microbiological Effects on Bacteria of Human Health Concern.” This draft guidance informs stakeholders about FDA's current method for evaluating potential effects of antimicrobial new animal drugs on human health as part of the new animal drug application process. FDA will accept public comments through March 20, 2023.
The Food and Drug Administration (FDA) announced the availability of a draft guidance for industry #152 entitled “Evaluating the Safety of Antimicrobial New Animal Drugs with Regard to Their Microbiological Effects on Bacteria of Human Health Concern.” This draft guidance informs stakeholders about FDA's current method for evaluating potential effects of antimicrobial new animal drugs on human health as part of the new animal drug application process. FDA will accept public comments through March 20, 2023.
FWS Opens Public Comment Period on Multiple ESA Recovery Permit Applications
The U.S. Fish and Wildlife Service (FWS) announced it has received multiple applications for permits to conduct activities intended to enhance the propagation or survival of endangered bats, tortoises, frogs, birds, and mollusks under the Endangered Species Act (ESA). The agency published a separate notice for additional ESA recovery permit applications for activities with multiple species of spiders, birds, insects, amphibians, reptiles, and cats. FWS will accept public comments on all of the applications through January 19, 2023.
The U.S. Fish and Wildlife Service (FWS) announced it has received multiple applications for permits to conduct activities intended to enhance the propagation or survival of endangered bats, tortoises, frogs, birds, and mollusks under the Endangered Species Act (ESA). The agency published a separate notice for additional ESA recovery permit applications for activities with multiple species of spiders, birds, insects, amphibians, reptiles, and cats. FWS will accept public comments on all of the applications through January 19, 2023.
FWS Considers Multiple ESA Applications Submitted by Trophy Hunters, a Zoo, and a Private Breeder
The U.S. Fish and Wildlife Service (FWS) published notice of multiple applications to conduct certain activities with foreign species that are listed as endangered under the Endangered Species Act (ESA). Woodland Park Zoo in Seattle, Washington, seeks an ESA permit to export one captive-bred female Malayan tapir to the Calgary Zoo, in Alberta, Canada; Armando Bazaldua of Ventura, California has applied for captive-bred wildlife registration for Madagascar radiated tortoise; and six individuals have applied for permits to import sport-hunted trophies of male bontebok killed in captivity in South Africa. FWS will accept public comments through January 19, 2023.
The U.S. Fish and Wildlife Service (FWS) published notice of multiple applications to conduct certain activities with foreign species that are listed as endangered under the Endangered Species Act (ESA). Woodland Park Zoo in Seattle, Washington, seeks an ESA permit to export one captive-bred female Malayan tapir to the Calgary Zoo, in Alberta, Canada; Armando Bazaldua of Ventura, California has applied for captive-bred wildlife registration for Madagascar radiated tortoise; and six individuals have applied for permits to import sport-hunted trophies of male bontebok killed in captivity in South Africa. FWS will accept public comments through January 19, 2023.
Minnesota DNR Updates its Wolf Management Plan for the First Time in Over Twenty Years
The Minnesota Department of Natural Resources (DNR) released its final wolf management plan for 2022-2023, which will replace the plan last updated in 2001 and guide the state’s wolf conservation efforts for the next decade. The new plan emphasizes conflict-prevention between wolves and livestock and commits the state to providing technical guidance for livestock owners on non-lethal and preventative ways to avoid wolf predations. Wolves in Minnesota are protected by the federal Endangered Species Act and may not be hunted.
The Minnesota Department of Natural Resources (DNR) released its final wolf management plan for 2022-2023, which will replace the plan last updated in 2001 and guide the state’s wolf conservation efforts for the next decade. The new plan emphasizes conflict-prevention between wolves and livestock and commits the state to providing technical guidance for livestock owners on non-lethal and preventative ways to avoid wolf predations. Wolves in Minnesota are protected by the federal Endangered Species Act and may not be hunted.
FWS Opens Public Comment Period on Incidental Take Permit for Preble’s Jumping Mouse
The U.S. Fish and Wildlife Service (FWS) announced that St. Charles Town Company has applied for an incidental take permit under the Endangered Species Act, which, if granted, would authorize the take of federally threatened Preble's meadow jumping mice that is likely to occur incidental to a commercial and industrial construction project in Douglas County, Colorado. FWS will accept public comments through January 20, 2023.
The U.S. Fish and Wildlife Service (FWS) announced that St. Charles Town Company has applied for an incidental take permit under the Endangered Species Act, which, if granted, would authorize the take of federally threatened Preble's meadow jumping mice that is likely to occur incidental to a commercial and industrial construction project in Douglas County, Colorado. FWS will accept public comments through January 20, 2023.
FDA Withdraws Enforcement Policy that Governed Veterinary Telemedicine During the Covid-19 Pandemic
The Food and Drug Administration (FDA) announced the withdrawal of a guidance document entitled “Enforcement Policy Regarding Federal VCPR Requirements to Facilitate Veterinary Telemedicine During the COVID-19 Outbreak,” which was issued in March 2020. FDA is withdrawing the guidance document because the conditions that created the need for the enforcement policy have evolved such that the policy is no longer necessary. The withdrawal is effective February 21, 2023.
The Food and Drug Administration (FDA) announced the withdrawal of a guidance document entitled “Enforcement Policy Regarding Federal VCPR Requirements to Facilitate Veterinary Telemedicine During the COVID-19 Outbreak,” which was issued in March 2020. FDA is withdrawing the guidance document because the conditions that created the need for the enforcement policy have evolved such that the policy is no longer necessary. The withdrawal is effective February 21, 2023.
Foreign Trade Zone Board Seeks Public Comments on Proposed Production of Flea and Tick Treatments in Puerto Rico
The Foreign Trade Zone (FTZ) Board announced that Boehringer Ingelheim Animal Health Puerto Rico LLC has submitted a notification of proposed production activity for packaged and unpackaged flea and tick tablets for canines to the FTZ Board for its facility in Barceloneta, Puerto Rico. The FTZ Board will accept public comments through January 30, 2023.
The Foreign Trade Zone (FTZ) Board announced that Boehringer Ingelheim Animal Health Puerto Rico LLC has submitted a notification of proposed production activity for packaged and unpackaged flea and tick tablets for canines to the FTZ Board for its facility in Barceloneta, Puerto Rico. The FTZ Board will accept public comments through January 30, 2023.
NMFS Issues MMPA Incidental Harassment Authorization for Construction at Naval Station Newport
The National Marine Fisheries Service issued an incidental harassment authorization (IHA) to the National Oceanic and Atmospheric Administration Office of Marine Aviation Operations to incidentally harass marine mammals during construction activities associated with vessel relocation at Naval Station Newport in Newport, Rhode Island. The IHA is effective from February 1, 2024, to January 31, 2025.
The National Marine Fisheries Service issued an incidental harassment authorization (IHA) to the National Oceanic and Atmospheric Administration Office of Marine Aviation Operations to incidentally harass marine mammals during construction activities associated with vessel relocation at Naval Station Newport in Newport, Rhode Island. The IHA is effective from February 1, 2024, to January 31, 2025.
USDA Launches Intitiative to Track COVID and Other Zoonotic Diseases in Wild and Domestic Animals
The U.S. Department of Agriculture (USDA) announced it is developing new tests and tools designed to detect COVID-19 and its variants in wild and domestic animals. The USDA’s Animal and Plant Health Inspection Service is implementing a $300 million provision in the American Rescue Plan Act to partner with USDA’s Agricultural Research Service “on five research projects to improve understanding of the virus and to help USDA accomplish its goal of building an early warning system to potentially prevent or limit the next zoonotic disease outbreak or global pandemic.”
The U.S. Department of Agriculture (USDA) announced it is developing new tests and tools designed to detect COVID-19 and its variants in wild and domestic animals. The USDA’s Animal and Plant Health Inspection Service is implementing a $300 million provision in the American Rescue Plan Act to partner with USDA’s Agricultural Research Service “on five research projects to improve understanding of the virus and to help USDA accomplish its goal of building an early warning system to potentially prevent or limit the next zoonotic disease outbreak or global pandemic.”
Brokerage Firm Fined with $6.5 Million Civil Penalty for Failing to Stop “Ghost Cattle” Fraud Scheme
The Commodity Futures Trading Commission (Commission) settled an enforcement action against CHS Hedging, LLC (CHS) with a $6.5 million civil penalty for the brokerage firm’s alleged violations of the Commodity Exchange Act. The Commission alleges that CHS failed to implement an adequate anti-money laundering program, particularly as applied to a futures and options trading account controlled by Cody Easterday, who recently was sentenced to eleven years in federal prison and ordered to pay $244 million restitution for his “ghost cattle” fraud scheme. The Commission also alleged that CHS failed to implement risk-based limits on Easterday’s trading and failed to comply with recordkeeping obligations, thereby enabling Easterday to carry out his scheme to bill Tyson Foods for cattle that did not exist.
The Commodity Futures Trading Commission (Commission) settled an enforcement action against CHS Hedging, LLC (CHS) with a $6.5 million civil penalty for the brokerage firm’s alleged violations of the Commodity Exchange Act. The Commission alleges that CHS failed to implement an adequate anti-money laundering program, particularly as applied to a futures and options trading account controlled by Cody Easterday, who recently was sentenced to eleven years in federal prison and ordered to pay $244 million restitution for his “ghost cattle” fraud scheme. The Commission also alleged that CHS failed to implement risk-based limits on Easterday’s trading and failed to comply with recordkeeping obligations, thereby enabling Easterday to carry out his scheme to bill Tyson Foods for cattle that did not exist.
EPA Announces Special Exemption for Iron Oxide Residue in Pesticides at the Request of the USDA
The Environmental Protection Agency announced the establishment of an exemption from the requirement of a tolerance for residues of iron oxide when used as an inert ingredient (colorant) in pesticide formulations applied to animals. The regulatory change comes in response to a petition submitted to the EPA by the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service. This regulation eliminates the need to establish a maximum permissible level for residues of iron oxide when used in accordance with the terms of that exemption. The regulation is effective December 22, 2022, and objections or requests for hearings must be submitted to the EPA by February 21, 2023.
The Environmental Protection Agency announced the establishment of an exemption from the requirement of a tolerance for residues of iron oxide when used as an inert ingredient (colorant) in pesticide formulations applied to animals. The regulatory change comes in response to a petition submitted to the EPA by the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service. This regulation eliminates the need to establish a maximum permissible level for residues of iron oxide when used in accordance with the terms of that exemption. The regulation is effective December 22, 2022, and objections or requests for hearings must be submitted to the EPA by February 21, 2023.
NMFS Authorizes Take of Marine Mammals Incidental to Geophysical Survey Activity in the Gulf of Mexico
The National Marine Fisheries Service (NMFS) announced it has issued a Letter of Authorization (LOA) pursuant to the Marine Mammal Protection Act to LLOG Exploration Offshore, L.L.C. for the take of marine mammals incidental to geophysical survey activity in the Gulf of Mexico. The LOA is effective from January 1, 2023, through December 31, 2024.
The National Marine Fisheries Service (NMFS) announced it has issued a Letter of Authorization (LOA) pursuant to the Marine Mammal Protection Act to LLOG Exploration Offshore, L.L.C. for the take of marine mammals incidental to geophysical survey activity in the Gulf of Mexico. The LOA is effective from January 1, 2023, through December 31, 2024.
NMFS Considers ESA Permit Application for Fisheries’ Bycatch Take of Protected Sea Turtles and Sturgeon Over a Ten-Year Period
The National Marine Fisheries Service (NMFS) announced that the North Carolina Department of Environment and Natural Resources, Division of Marine Fisheries has applied for an Endangered Species Act (ESA) permit to take ESA-listed sea turtles and sturgeon associated with the otherwise lawful gill net fisheries operating in the inshore waters of North Carolina for a period of ten years. NMFS will accept public comments on the application through January 23, 2023.
The National Marine Fisheries Service (NMFS) announced that the North Carolina Department of Environment and Natural Resources, Division of Marine Fisheries has applied for an Endangered Species Act (ESA) permit to take ESA-listed sea turtles and sturgeon associated with the otherwise lawful gill net fisheries operating in the inshore waters of North Carolina for a period of ten years. NMFS will accept public comments on the application through January 23, 2023.
NMFS Seeks Public Comments on Proposed Management Plan for Tribal Harvesting of Protected Anadromous Fish
The National Marine Fisheries Service (NMFS) announced that the Sauk-Suiattle Indian Tribe, the Swinomish Indian Tribal Community, the Upper Skagit Indian Tribe, and the Washington Department of Fish and Wildlife have jointly provided a resource management plan (RMP) to NMFS pursuant to the limitation on take prohibitions for actions conducted for salmon and steelhead promulgated under the Endangered Species Act (ESA). The Skagit River Steelhead Fishery RMP proposes to manage the harvest of natural-origin Skagit River steelhead as an independent steelhead management unit within the ESA-listed Puget Sound steelhead distinct population segment. NMFS is accepting public comments until 5:00 p.m. Pacific Time on January 23, 2023.
The National Marine Fisheries Service (NMFS) announced that the Sauk-Suiattle Indian Tribe, the Swinomish Indian Tribal Community, the Upper Skagit Indian Tribe, and the Washington Department of Fish and Wildlife have jointly provided a resource management plan (RMP) to NMFS pursuant to the limitation on take prohibitions for actions conducted for salmon and steelhead promulgated under the Endangered Species Act (ESA). The Skagit River Steelhead Fishery RMP proposes to manage the harvest of natural-origin Skagit River steelhead as an independent steelhead management unit within the ESA-listed Puget Sound steelhead distinct population segment. NMFS is accepting public comments until 5:00 p.m. Pacific Time on January 23, 2023.
International Updates
Animal Cruelty Charges Against Marineland Dropped for the Second Time in Five Years
For the second time in five years, the Canadian Crown has dropped cruelty-to-animals charges against Marineland amusement park in Niagara Falls. The Niagara Regional Police had charged Marineland in 2021, alleging that the amusement park had used dolphins and whales for entertainment purposes in violation of Canada’s Ending the Captivity of Whales and Dolphins Act.
For the second time in five years, the Canadian Crown has dropped cruelty-to-animals charges against Marineland amusement park in Niagara Falls. The Niagara Regional Police had charged Marineland in 2021, alleging that the amusement park had used dolphins and whales for entertainment purposes in violation of Canada’s Ending the Captivity of Whales and Dolphins Act.
Other Updates
Delaware North Commits to Group Housing for Sows by 2025
Delaware North, a global food service and hospitality company headquartered in Buffalo, New York, and the fourth largest food service provider in the United States, has updated its supply chain policy and committed to group housing for all sows by 2025, with a commitment to eventual elimination of gestation crates from their supply chain. Compass Group, Sodexo, and Delaware North, three of the largest food service providers in the world, all recently have updated their confinement policies.
Delaware North, a global food service and hospitality company headquartered in Buffalo, New York, and the fourth largest food service provider in the United States, has updated its supply chain policy and committed to group housing for all sows by 2025, with a commitment to eventual elimination of gestation crates from their supply chain. Compass Group, Sodexo, and Delaware North, three of the largest food service providers in the world, all recently have updated their confinement policies.