H.R. 5944, the “Science-based Equitable Aquaculture Food (SEAfood) Act,” would require the National Oceanic and Atmospheric Administration (NOAA) to contract with the Ocean Studies Board of the National Academies of Sciences, Engineering, and Medicine to complete a study and develop recommendations regarding the pursuit of offshore aquaculture. The bill then would require NOAA to establish an assessment program for offshore aquaculture that would include the selection of demonstration projects. The legislation also would establish Aquaculture Centers of Excellence. The bill was introduced by Representatives Nancy Mace, James Panetta, and Chellie Pingree and has been referred to the House Committee on Natural Resources and Committee on Education and the Workforce.
Issue 215
This Week's Spotlights
Legislative Spotlights
“SEAfood Act” Would Require Assessment Program for Offshore Aquaculture
Florida Bill Would Require Animal Research Facilities to Offer Dogs and Cats for Adoption
Florida Senate Bill 368 would require research facilities to offer dogs and cats for adoption rather than kill them when the facilities seek to dispose of the animals. The bill provides an exception for instances where health or safety reasons necessitate euthanasia. The bill has not yet been referred to a committee.
Florida Senate Bill 368 would require research facilities to offer dogs and cats for adoption rather than kill them when the facilities seek to dispose of the animals. The bill provides an exception for instances where health or safety reasons necessitate euthanasia. The bill has not yet been referred to a committee.
New York Bill Would Eliminate Maximum Prison Term for Aggravated Cruelty Offenders
New York Assembly Bill 8211 would remove the two-year sentence restriction in cases of aggravated cruelty to animals, giving judges the discretion to order consecutive or concurrent sentences in cases of multiple counts of animal cruelty. The bill has been referred to the Assembly Committee on Agriculture.
New York Assembly Bill 8211 would remove the two-year sentence restriction in cases of aggravated cruelty to animals, giving judges the discretion to order consecutive or concurrent sentences in cases of multiple counts of animal cruelty. The bill has been referred to the Assembly Committee on Agriculture.
Case Law Spotlights
Conservation Groups Plan Appeal of Federal Court Ruling that Allows Willow Oil Project to Proceed
The U.S. District Court for the District of Alaska ruled against the Sovereign Iñupiat for a Living Arctic and a group of conservation organizations and in favor of ConocoPhillips and the Bureau of Land Management, enabling the Willow oil production project in the National Petroleum Reserve in Alaska to move forward. The conservation organizations argued that federal approval of the oil project violates the National Environmental Policy Act and the National Petroleum Reserves Production Act and that related Endangered Species Act consultations are unlawful. The conservation groups plan to appeal the ruling to the U.S. Court of Appeals for the Ninth Circuit.
The U.S. District Court for the District of Alaska ruled against the Sovereign Iñupiat for a Living Arctic and a group of conservation organizations and in favor of ConocoPhillips and the Bureau of Land Management, enabling the Willow oil production project in the National Petroleum Reserve in Alaska to move forward. The conservation organizations argued that federal approval of the oil project violates the National Environmental Policy Act and the National Petroleum Reserves Production Act and that related Endangered Species Act consultations are unlawful. The conservation groups plan to appeal the ruling to the U.S. Court of Appeals for the Ninth Circuit.
Agency Spotlights
FWS Finalizes ESA Rule Establishing Nonessential Experimental Population of Gray Wolves in Colorado
The U.S. Fish & Wildlife Service finalized an Endangered Species Act rule establishing a nonessential experimental population of gray wolves in Colorado in response to a request by Colorado and in conjunction with the state’s gray wolf reintroduction efforts. The rule is effective December 8, 2023.
The U.S. Fish & Wildlife Service finalized an Endangered Species Act rule establishing a nonessential experimental population of gray wolves in Colorado in response to a request by Colorado and in conjunction with the state’s gray wolf reintroduction efforts. The rule is effective December 8, 2023.
International Spotlights
Two More Dutch Municipalities Vote to Ban Meat Advertisements in Public Places
Two municipalities in the Netherlands, Bloemendaal and Utrecht (the country’s fourth largest municipality), voted to prohibit advertisements of meat in public spaces. Bloemendaal’s advertising ban will also extend to dairy products. The two Dutch municipalities join the municipality of Haarlem, which became the first city in the world to prohibit advertisements for meat in public places in September 2022.
Two municipalities in the Netherlands, Bloemendaal and Utrecht (the country’s fourth largest municipality), voted to prohibit advertisements of meat in public spaces. Bloemendaal’s advertising ban will also extend to dairy products. The two Dutch municipalities join the municipality of Haarlem, which became the first city in the world to prohibit advertisements for meat in public places in September 2022.
Legislative Updates
Pending Federal Actions
“SEAfood Act” Would Require Assessment Program for Offshore Aquaculture
H.R. 5944, the “Science-based Equitable Aquaculture Food (SEAfood) Act,” would require the National Oceanic and Atmospheric Administration (NOAA) to contract with the Ocean Studies Board of the National Academies of Sciences, Engineering, and Medicine to complete a study and develop recommendations regarding the pursuit of offshore aquaculture. The bill then would require NOAA to establish an assessment program for offshore aquaculture that would include the selection of demonstration projects. The legislation also would establish Aquaculture Centers of Excellence. The bill was introduced by Representatives Nancy Mace, James Panetta, and Chellie Pingree and has been referred to the House Committee on Natural Resources and Committee on Education and the Workforce.
H.R. 5944, the “Science-based Equitable Aquaculture Food (SEAfood) Act,” would require the National Oceanic and Atmospheric Administration (NOAA) to contract with the Ocean Studies Board of the National Academies of Sciences, Engineering, and Medicine to complete a study and develop recommendations regarding the pursuit of offshore aquaculture. The bill then would require NOAA to establish an assessment program for offshore aquaculture that would include the selection of demonstration projects. The legislation also would establish Aquaculture Centers of Excellence. The bill was introduced by Representatives Nancy Mace, James Panetta, and Chellie Pingree and has been referred to the House Committee on Natural Resources and Committee on Education and the Workforce.
Pending State Actions
Florida Legislation Would Allow Non-Veterinarians to Administer Rabies Vaccines in Certain Circumstances
Florida Senate Bill 334 and House Bill 303 would authorize animal control and sheriff employees, agents, and contractors to administer rabies vaccinations to dogs, cats, and ferrets in the custody of animal control authorities, shelters, and sheriffs, provided that the individuals do so under the “indirect supervision” of a veterinarian. The Senate bill has not yet been referred to a committee. The House bill is now in the Regulatory Reform & Economic Development Subcommittee.
Florida Senate Bill 334 and House Bill 303 would authorize animal control and sheriff employees, agents, and contractors to administer rabies vaccinations to dogs, cats, and ferrets in the custody of animal control authorities, shelters, and sheriffs, provided that the individuals do so under the “indirect supervision” of a veterinarian. The Senate bill has not yet been referred to a committee. The House bill is now in the Regulatory Reform & Economic Development Subcommittee.
Florida Bill Would Require Animal Research Facilities to Offer Dogs and Cats for Adoption
Florida Senate Bill 368 would require research facilities to offer dogs and cats for adoption rather than kill them when the facilities seek to dispose of the animals. The bill provides an exception for instances where health or safety reasons necessitate euthanasia. The bill has not yet been referred to a committee.
Florida Senate Bill 368 would require research facilities to offer dogs and cats for adoption rather than kill them when the facilities seek to dispose of the animals. The bill provides an exception for instances where health or safety reasons necessitate euthanasia. The bill has not yet been referred to a committee.
Michigan Bill Would Amend Penal Code and Impose Specific Seizure and Forfeiture Procedures in Cases Involving Animal Killing or Torture
Michigan Senate Bill 658 would amend the state’s penal code to allow courts to order defendants in cases involving the impermissible killing or torturing of animals to pay restitution related to the costs of prosecution as well as animal care and disposition. The bill also would provide additional procedures governing the seizure and forfeiture of animal victims, including prohibiting the return of a seized animal victim to an individual convicted of killing or torturing that animal. The bill has been referred to the Senate Committee on Civil Rights, Judiciary, and Public Safety.
Michigan Senate Bill 658 would amend the state’s penal code to allow courts to order defendants in cases involving the impermissible killing or torturing of animals to pay restitution related to the costs of prosecution as well as animal care and disposition. The bill also would provide additional procedures governing the seizure and forfeiture of animal victims, including prohibiting the return of a seized animal victim to an individual convicted of killing or torturing that animal. The bill has been referred to the Senate Committee on Civil Rights, Judiciary, and Public Safety.
Michigan Bill Would Amend Penal Code and Impose Specific Seizure and Forfeiture Procedures in Animal Cruelty and Neglect Cases
Michigan Senate Bill 657 would amend the state’s penal code to include specially trained miniature horses in the definition of service animals, to allow courts to order defendants to pay restitution, and to provide specific procedures for animal victim seizure and forfeiture. The bill also would prohibit the return of a seized animal victim to an individual convicted of a listed animal cruelty offense, including neglect, abandonment, and restrictive tethering. The bill has been referred to the Senate Committee on Civil Rights, Judiciary, and Public Safety.
Michigan Senate Bill 657 would amend the state’s penal code to include specially trained miniature horses in the definition of service animals, to allow courts to order defendants to pay restitution, and to provide specific procedures for animal victim seizure and forfeiture. The bill also would prohibit the return of a seized animal victim to an individual convicted of a listed animal cruelty offense, including neglect, abandonment, and restrictive tethering. The bill has been referred to the Senate Committee on Civil Rights, Judiciary, and Public Safety.
New York Bill Would Eliminate Maximum Prison Term for Aggravated Cruelty Offenders
New York Assembly Bill 8211 would remove the two-year sentence restriction in cases of aggravated cruelty to animals, giving judges the discretion to order consecutive or concurrent sentences in cases of multiple counts of animal cruelty. The bill has been referred to the Assembly Committee on Agriculture.
New York Assembly Bill 8211 would remove the two-year sentence restriction in cases of aggravated cruelty to animals, giving judges the discretion to order consecutive or concurrent sentences in cases of multiple counts of animal cruelty. The bill has been referred to the Assembly Committee on Agriculture.
Texas Legislation Would Prohibit Certain Foreign Ownership of Agricultural Land
Texas House Bill 50 and Senate Bill 38 would prohibit the acquisition of agricultural land by certain foreign-owned or controlled entities. The bills have not yet been assigned to committees.
Texas House Bill 50 and Senate Bill 38 would prohibit the acquisition of agricultural land by certain foreign-owned or controlled entities. The bills have not yet been assigned to committees.
Case Law Updates
Federal Court Updates
Conservation Groups File ESA Lawsuit to Protect Aquatic Species from Coal Mining
The Center for Biological Diversity and Appalachian Voices sued the U.S. Department of the Interior’s Office of Surface Mining Reclamation and Enforcement and the U.S. Fish & Wildlife Service in the U.S. District Court for the District of Columbia for allegedly violating the Endangered Species Act by failing to protect imperiled aquatic species from the harms of coal mining in Kentucky, West Virginia, and Virginia. Plaintiffs also allege violation of the Administrative Procedure Act and are seeking declaratory judgment and injunctive relief.
The Center for Biological Diversity and Appalachian Voices sued the U.S. Department of the Interior’s Office of Surface Mining Reclamation and Enforcement and the U.S. Fish & Wildlife Service in the U.S. District Court for the District of Columbia for allegedly violating the Endangered Species Act by failing to protect imperiled aquatic species from the harms of coal mining in Kentucky, West Virginia, and Virginia. Plaintiffs also allege violation of the Administrative Procedure Act and are seeking declaratory judgment and injunctive relief.
Conservation Groups Plan Appeal of Federal Court Ruling that Allows Willow Oil Project to Proceed
The U.S. District Court for the District of Alaska ruled against the Sovereign Iñupiat for a Living Arctic and a group of conservation organizations and in favor of ConocoPhillips and the Bureau of Land Management, enabling the Willow oil production project in the National Petroleum Reserve in Alaska to move forward. The conservation organizations argued that federal approval of the oil project violates the National Environmental Policy Act and the National Petroleum Reserves Production Act and that related Endangered Species Act consultations are unlawful. The conservation groups plan to appeal the ruling to the U.S. Court of Appeals for the Ninth Circuit.
The U.S. District Court for the District of Alaska ruled against the Sovereign Iñupiat for a Living Arctic and a group of conservation organizations and in favor of ConocoPhillips and the Bureau of Land Management, enabling the Willow oil production project in the National Petroleum Reserve in Alaska to move forward. The conservation organizations argued that federal approval of the oil project violates the National Environmental Policy Act and the National Petroleum Reserves Production Act and that related Endangered Species Act consultations are unlawful. The conservation groups plan to appeal the ruling to the U.S. Court of Appeals for the Ninth Circuit.
Agency Updates
Conservation Groups Petition FWS for ESA Protection of Black-Throated Green Warblers
The Center for Biological Diversity, Dogwood Alliance, North Carolina Coastal Federation, Coastal Plain Conservation Group, Waccamaw Audubon Society, and the Cape Fear Chapter of the National Audubon Society filed a petition with the U.S. Fish & Wildlife Service seeking Endangered Species Act protection for the coastal (Wayne’s) black-throated green warbler. According to petitioners, there may be fewer than 1,000 of the imperiled birds remaining in their native wetland forests in the Carolinas and Virginia.
The Center for Biological Diversity, Dogwood Alliance, North Carolina Coastal Federation, Coastal Plain Conservation Group, Waccamaw Audubon Society, and the Cape Fear Chapter of the National Audubon Society filed a petition with the U.S. Fish & Wildlife Service seeking Endangered Species Act protection for the coastal (Wayne’s) black-throated green warbler. According to petitioners, there may be fewer than 1,000 of the imperiled birds remaining in their native wetland forests in the Carolinas and Virginia.
FWS Finalizes ESA Rule Establishing Nonessential Experimental Population of Gray Wolves in Colorado
The U.S. Fish & Wildlife Service finalized an Endangered Species Act rule establishing a nonessential experimental population of gray wolves in Colorado in response to a request by Colorado and in conjunction with the state’s gray wolf reintroduction efforts. The rule is effective December 8, 2023.
The U.S. Fish & Wildlife Service finalized an Endangered Species Act rule establishing a nonessential experimental population of gray wolves in Colorado in response to a request by Colorado and in conjunction with the state’s gray wolf reintroduction efforts. The rule is effective December 8, 2023.
International Updates
INTERPOL Partners with The Royal Foundation to Combat Wildlife Trafficking
INTERPOL announced a partnership with The Royal Foundation to protect endangered species from illegal wildlife trafficking. The partnership was agreed to at the United for Wildlife Summit. In the announcement, INTERPOL states that “environmental and wildlife crime has become one of the world’s largest and most profitable crime sectors and continues to grow as it pushes many species to the brink of extinction.” INTERPOL further notes that poachers kill as many as 100 wildlife rangers every year and that “transnational organized criminal groups exploit wildlife across the globe, affecting vulnerable communities, jeopardizing public health, and threatening the world’s natural resources.”
INTERPOL announced a partnership with The Royal Foundation to protect endangered species from illegal wildlife trafficking. The partnership was agreed to at the United for Wildlife Summit. In the announcement, INTERPOL states that “environmental and wildlife crime has become one of the world’s largest and most profitable crime sectors and continues to grow as it pushes many species to the brink of extinction.” INTERPOL further notes that poachers kill as many as 100 wildlife rangers every year and that “transnational organized criminal groups exploit wildlife across the globe, affecting vulnerable communities, jeopardizing public health, and threatening the world’s natural resources.”
Two More Dutch Municipalities Vote to Ban Meat Advertisements in Public Places
Two municipalities in the Netherlands, Bloemendaal and Utrecht (the country’s fourth largest municipality), voted to prohibit advertisements of meat in public spaces. Bloemendaal’s advertising ban will also extend to dairy products. The two Dutch municipalities join the municipality of Haarlem, which became the first city in the world to prohibit advertisements for meat in public places in September 2022.
Two municipalities in the Netherlands, Bloemendaal and Utrecht (the country’s fourth largest municipality), voted to prohibit advertisements of meat in public spaces. Bloemendaal’s advertising ban will also extend to dairy products. The two Dutch municipalities join the municipality of Haarlem, which became the first city in the world to prohibit advertisements for meat in public places in September 2022.
TRAFFIC and WWF Partner in Campaign to Educate EU Citizens about the Exotic Pet Trade
TRAFFIC, the leading wildlife trafficking monitoring organization, and the World Wildlife Fund announced an awareness-raising campaign to educate European Union citizens about the illicit exotic pet trade. The campaign seeks to overcome “a general lack of awareness among EU citizens on the laws that apply to exotic pet trade and ownership in the EU” and will urge prospective exotic pet purchasers to follow the E.U.’s stringent exotic animal rules.
TRAFFIC, the leading wildlife trafficking monitoring organization, and the World Wildlife Fund announced an awareness-raising campaign to educate European Union citizens about the illicit exotic pet trade. The campaign seeks to overcome “a general lack of awareness among EU citizens on the laws that apply to exotic pet trade and ownership in the EU” and will urge prospective exotic pet purchasers to follow the E.U.’s stringent exotic animal rules.