H.R. 5244, the “Animal Freedom from Testing, Experiments, and Research (AFTER) Act of 2021” would amend the Animal Welfare Act to direct all federal research facilities to promulgate standards to facilitate the adoption of certain animals used in federal research, or their “non-laboratory placement” with an animal rescue organization, animal sanctuary, or animal shelter. The bill has been referred to the House Committee on Agriculture and is sponsored by Reps. Brendan Boyle and Nancy Mace.
This Week's Spotlights
Legislative Updates - Pending Federal Actions
Legislation Would Require Offering Animals Used in Federal Research for Adoption
Senate Considers Horse Slaughter Legislation
S. 2732, the “John Stringer Rainey Save America’s Forgotten Equines (SAFE) Act” would amend the federal criminal code to prohibit the possession, shipping, transportation, or receiving of “any member of the family Equidae” with the intent for the animal to be slaughtered for human consumption. The bill provides for monetary penalties and up to two years imprisonment and has been referred to the Committee on the Judiciary. Sens. Bob Menendez, Lindsey Graham, Sheldon Whitehouse, and Susan Collins are the lead sponsors.
S. 2732, the “John Stringer Rainey Save America’s Forgotten Equines (SAFE) Act” would amend the federal criminal code to prohibit the possession, shipping, transportation, or receiving of “any member of the family Equidae” with the intent for the animal to be slaughtered for human consumption. The bill provides for monetary penalties and up to two years imprisonment and has been referred to the Committee on the Judiciary. Sens. Bob Menendez, Lindsey Graham, Sheldon Whitehouse, and Susan Collins are the lead sponsors.
Legislative Updates - Pending State Actions
Florida Considers Protecting Indigenous Wildlife Regardless of Federal Listing Status
Florida Senate Bill 238 would revise the legislative intent of the Florida Endangered and Threatened Species Act to direct the Florida Fish and Wildlife Conservation Commission (FWCC) to protect certain indigenous species of wildlife regardless of their classification by U.S. Fish & Wildlife Service under the federal Endangered Species Act. The bill also precludes FWCC from considering the costs associated with determining the protection level for an endangered or threatened species in Florida.
Florida Senate Bill 238 would revise the legislative intent of the Florida Endangered and Threatened Species Act to direct the Florida Fish and Wildlife Conservation Commission (FWCC) to protect certain indigenous species of wildlife regardless of their classification by U.S. Fish & Wildlife Service under the federal Endangered Species Act. The bill also precludes FWCC from considering the costs associated with determining the protection level for an endangered or threatened species in Florida.
Case Law Updates - Federal Case Law Updates
Environmental Organizations Sue to Protect Polar Bears and Walruses in Alaska
Alaska Wildlife Alliance, Center for Biological Diversity, Defenders of Wildlife, Friends of the Earth, Sierra Club, and others have sued the U.S. Fish & Wildlife Service, alleging that the agency violated the Marine Mammal Protection Act and the Administrative Procedure Act when it granted a 5-year incidental take regulation (ITR) for the Alaska Oil and Gas Association that potentially could kill polar bears and walruses. Plaintiffs are seeking for the court to vacate the ITR and declare that FWS’ issuance of the ITR violated the MMPA and APA.
Alaska Wildlife Alliance, Center for Biological Diversity, Defenders of Wildlife, Friends of the Earth, Sierra Club, and others have sued the U.S. Fish & Wildlife Service, alleging that the agency violated the Marine Mammal Protection Act and the Administrative Procedure Act when it granted a 5-year incidental take regulation (ITR) for the Alaska Oil and Gas Association that potentially could kill polar bears and walruses. Plaintiffs are seeking for the court to vacate the ITR and declare that FWS’ issuance of the ITR violated the MMPA and APA.
9th Circuit Vacates EPA Pollution Permit for Idaho CAFOs
The 9th Circuit Court of Appeals has vacated a National Pollutant Discharge Elimination System (NPDES) Permit for Idaho CAFOs, finding that the permit issuance was “arbitrary, capricious, and in violation of law because it lacks sufficient monitoring provisions to ensure compliance with its discharge limitations.” The opinion contains substantial detail about CAFO manure pollution and EPA discharge monitoring obligations. The permit was challenged under the Clean Water Act by Food & Water Watch and Snake River Waterkeeper.
The 9th Circuit Court of Appeals has vacated a National Pollutant Discharge Elimination System (NPDES) Permit for Idaho CAFOs, finding that the permit issuance was “arbitrary, capricious, and in violation of law because it lacks sufficient monitoring provisions to ensure compliance with its discharge limitations.” The opinion contains substantial detail about CAFO manure pollution and EPA discharge monitoring obligations. The permit was challenged under the Clean Water Act by Food & Water Watch and Snake River Waterkeeper.
Agency Updates
National Park Service Announces Plan for California Elk
The National Park Service has issued a Record of Decision concerning an Amendment to the General Management Plan for Point Reyes National Seashore that would extend livestock leases for another 20 years and control the tule elk population south of Tomales Point by actively culling the elk. The amendment to the management plan does not address the population of tule elk in the northern part of the national park who are the subject of an ongoing lawsuit brought by Harvard Law School’s Animal Law & Policy Clinic.
The National Park Service has issued a Record of Decision concerning an Amendment to the General Management Plan for Point Reyes National Seashore that would extend livestock leases for another 20 years and control the tule elk population south of Tomales Point by actively culling the elk. The amendment to the management plan does not address the population of tule elk in the northern part of the national park who are the subject of an ongoing lawsuit brought by Harvard Law School’s Animal Law & Policy Clinic.
USFWS Responds to Petitions Calling for Protection of Gray Wolves
The U.S. Fish & Wildlife Service has issued a 90-day finding that two petitions presented “substantial scientific or commercial information” justifying possible listing of a distinct population segment of gray wolves in western North America under the Endangered Species Act. More specifically, the agency determined the petitions contained “credible and substantial information” about the threats posed to gray wolves by hunting in Idaho and Montana, habitat modification due to a reduced prey base, disease, and loss of genetic diversity caused by isolation and small population size. FWS now will conduct a 12-month status review to determine which listing status is warranted and will accepting any information that will guide its analysis at any point during that process. The petitions were filed by the Humane Society of the United States, Center for Biological Diversity, Sierra Club, Western Watersheds Project and dozens of other organizations, several of whom also have filed federal litigation challenging FWS’ November 3, 2020, removal of the gray wolf from the endangered species list.
The U.S. Fish & Wildlife Service has issued a 90-day finding that two petitions presented “substantial scientific or commercial information” justifying possible listing of a distinct population segment of gray wolves in western North America under the Endangered Species Act. More specifically, the agency determined the petitions contained “credible and substantial information” about the threats posed to gray wolves by hunting in Idaho and Montana, habitat modification due to a reduced prey base, disease, and loss of genetic diversity caused by isolation and small population size. FWS now will conduct a 12-month status review to determine which listing status is warranted and will accepting any information that will guide its analysis at any point during that process. The petitions were filed by the Humane Society of the United States, Center for Biological Diversity, Sierra Club, Western Watersheds Project and dozens of other organizations, several of whom also have filed federal litigation challenging FWS’ November 3, 2020, removal of the gray wolf from the endangered species list.
USDA FSIS Responds to Two Petitions Relating to Labeling of Cultivated Meat
USDA’s Food Safety and Inspection Service has responded to Harvard Animal Law & Policy Program’s petition for FSIS to develop a labeling approach for “cell-based” meat and poultry products that respects First Amendment commercial speech protections by not requiring new standards of identity and not banning the use of common or usual meat or poultry terms or other product terms specified in current codified standards of identity. In its letter, FSIS “agrees that more information is necessary to develop new labeling requirements for these products,” stating that in response to the Harvard petition the agency filed an advance notice of proposed rulemaking (ANPR) on September 3, 2021, “to request comments pertaining to the labeling of meat and poultry products comprised of or containing cultured cells derived from animals subject to the Federal Meat Inspection Act or Poultry Products Inspection Act.” Conversely, FSIS has denied a February 9, 2018, petition by U.S. Cattlemen’s Association which urged the agency to exclude “cell-based” meat and plant-based meat substitutes from the definition of “beef” and “meat,” citing the FDA’s exclusive jurisdiction over plant-based products and the USDA’s September 3, 2021, ANPR regarding labeling of cultivated meat.
USDA’s Food Safety and Inspection Service has responded to Harvard Animal Law & Policy Program’s petition for FSIS to develop a labeling approach for “cell-based” meat and poultry products that respects First Amendment commercial speech protections by not requiring new standards of identity and not banning the use of common or usual meat or poultry terms or other product terms specified in current codified standards of identity. In its letter, FSIS “agrees that more information is necessary to develop new labeling requirements for these products,” stating that in response to the Harvard petition the agency filed an advance notice of proposed rulemaking (ANPR) on September 3, 2021, “to request comments pertaining to the labeling of meat and poultry products comprised of or containing cultured cells derived from animals subject to the Federal Meat Inspection Act or Poultry Products Inspection Act.” Conversely, FSIS has denied a February 9, 2018, petition by U.S. Cattlemen’s Association which urged the agency to exclude “cell-based” meat and plant-based meat substitutes from the definition of “beef” and “meat,” citing the FDA’s exclusive jurisdiction over plant-based products and the USDA’s September 3, 2021, ANPR regarding labeling of cultivated meat.
Legislative Updates
Pending Federal Actions
Legislation Would Require Offering Animals Used in Federal Research for Adoption
H.R. 5244, the “Animal Freedom from Testing, Experiments, and Research (AFTER) Act of 2021” would amend the Animal Welfare Act to direct all federal research facilities to promulgate standards to facilitate the adoption of certain animals used in federal research, or their “non-laboratory placement” with an animal rescue organization, animal sanctuary, or animal shelter. The bill has been referred to the House Committee on Agriculture and is sponsored by Reps. Brendan Boyle and Nancy Mace.
H.R. 5244, the “Animal Freedom from Testing, Experiments, and Research (AFTER) Act of 2021” would amend the Animal Welfare Act to direct all federal research facilities to promulgate standards to facilitate the adoption of certain animals used in federal research, or their “non-laboratory placement” with an animal rescue organization, animal sanctuary, or animal shelter. The bill has been referred to the House Committee on Agriculture and is sponsored by Reps. Brendan Boyle and Nancy Mace.
Senate Considers Horse Slaughter Legislation
S. 2732, the “John Stringer Rainey Save America’s Forgotten Equines (SAFE) Act” would amend the federal criminal code to prohibit the possession, shipping, transportation, or receiving of “any member of the family Equidae” with the intent for the animal to be slaughtered for human consumption. The bill provides for monetary penalties and up to two years imprisonment and has been referred to the Committee on the Judiciary. Sens. Bob Menendez, Lindsey Graham, Sheldon Whitehouse, and Susan Collins are the lead sponsors.
S. 2732, the “John Stringer Rainey Save America’s Forgotten Equines (SAFE) Act” would amend the federal criminal code to prohibit the possession, shipping, transportation, or receiving of “any member of the family Equidae” with the intent for the animal to be slaughtered for human consumption. The bill provides for monetary penalties and up to two years imprisonment and has been referred to the Committee on the Judiciary. Sens. Bob Menendez, Lindsey Graham, Sheldon Whitehouse, and Susan Collins are the lead sponsors.
Legislation Would Expand Market for Non-Federally Inspected Meat
H.R. 5246, the ‘‘Expanding Markets for State-Inspected Meat Processors Act of 2021’’ would amend the Federal Meat Inspection Act in order to allow the interstate sale of meat that has been inspected by the respective state agency, rather than the U.S. Department of Agriculture. Until recently, Wyoming had no federally inspected animal agriculture facilities, precluding Wyoming-based producers from selling to out-of-state consumers. The bill has not yet been assigned to a committee. Reps. Liz Cheney and Carol Miller introduced the legislation as they did in 2020.
H.R. 5246, the ‘‘Expanding Markets for State-Inspected Meat Processors Act of 2021’’ would amend the Federal Meat Inspection Act in order to allow the interstate sale of meat that has been inspected by the respective state agency, rather than the U.S. Department of Agriculture. Until recently, Wyoming had no federally inspected animal agriculture facilities, precluding Wyoming-based producers from selling to out-of-state consumers. The bill has not yet been assigned to a committee. Reps. Liz Cheney and Carol Miller introduced the legislation as they did in 2020.
Congress Considers Country of Origin Labeling Requirements for Beef
S. 2716, the ‘American Beef Labeling Act of 2021’ would amend the Agriculture Marketing Act of 1946 to establish country of origin labeling requirements for beef products. The bill has been referred to the Senate Committee on Agriculture, Nutrition, and Forestry. Sens. John Thune, Jon Tester, Mike Rounds, and Cory Booker introduced the legislation.
S. 2716, the ‘American Beef Labeling Act of 2021’ would amend the Agriculture Marketing Act of 1946 to establish country of origin labeling requirements for beef products. The bill has been referred to the Senate Committee on Agriculture, Nutrition, and Forestry. Sens. John Thune, Jon Tester, Mike Rounds, and Cory Booker introduced the legislation.
Passed State Actions
Florida Considers Protecting Indigenous Wildlife Regardless of Federal Listing Status
Florida Senate Bill 238 would revise the legislative intent of the Florida Endangered and Threatened Species Act to direct the Florida Fish and Wildlife Conservation Commission (FWCC) to protect certain indigenous species of wildlife regardless of their classification by U.S. Fish & Wildlife Service under the federal Endangered Species Act. The bill also precludes FWCC from considering the costs associated with determining the protection level for an endangered or threatened species in Florida.
Florida Senate Bill 238 would revise the legislative intent of the Florida Endangered and Threatened Species Act to direct the Florida Fish and Wildlife Conservation Commission (FWCC) to protect certain indigenous species of wildlife regardless of their classification by U.S. Fish & Wildlife Service under the federal Endangered Species Act. The bill also precludes FWCC from considering the costs associated with determining the protection level for an endangered or threatened species in Florida.
Pennsylvania Considers Legislation to Improve Slaughterhouse Worker Safety
Pennsylvania House Bill 1874 would provide for regulating the meatpacking and food processing industry by creating facility health and safety committees in the workplace; establishing the industry workers' rights coordinator within the state Department of Labor and Industry; and providing for public health emergency protections for individuals working in meat packing, slaughter house, egg production, and other similar facilities. The bill has been referred to the Pennsylvania House Committee on Labor and Industry.
Pennsylvania House Bill 1874 would provide for regulating the meatpacking and food processing industry by creating facility health and safety committees in the workplace; establishing the industry workers' rights coordinator within the state Department of Labor and Industry; and providing for public health emergency protections for individuals working in meat packing, slaughter house, egg production, and other similar facilities. The bill has been referred to the Pennsylvania House Committee on Labor and Industry.
Florida Considers Expanding Definition of Aggravated Animal Cruelty
Florida House Bill 121 would add causing the death or injury of an animal during the course of an unrelated felony, or unlawfully causing the death a family pet by “an act imminently dangerous to any animal and evincing a depraved mind” (regardless of the degree of suffering) as crimes that could be charged and prosecuted as aggravated cruelty, a third degree felony. Conviction for aggravated animal cruelty can mandate a fine of up to $10,000, psychological counseling, and anger management treatment, in addition to any prison sentence imposed. The bill has not yet been assigned to a committee.
Florida House Bill 121 would add causing the death or injury of an animal during the course of an unrelated felony, or unlawfully causing the death a family pet by “an act imminently dangerous to any animal and evincing a depraved mind” (regardless of the degree of suffering) as crimes that could be charged and prosecuted as aggravated cruelty, a third degree felony. Conviction for aggravated animal cruelty can mandate a fine of up to $10,000, psychological counseling, and anger management treatment, in addition to any prison sentence imposed. The bill has not yet been assigned to a committee.
Wisconsin Considers Broad Exemptions for Hunting Certain Captive Animals
Wisconsin S.B. 563 would exempt farm-raised bovids (e.g., bison, buffalo, sheep, goats, antelope) from wildlife hunting restriction. The bill proposes to allow hunting of farm-raised bovids without a hunting license and would establish the same regulatory framework that is currently applicable to hunting farm-raised deer. The bill has been referred to the Committee on Sporting, Heritage, Small Business, and Rural Issues.
Wisconsin S.B. 563 would exempt farm-raised bovids (e.g., bison, buffalo, sheep, goats, antelope) from wildlife hunting restriction. The bill proposes to allow hunting of farm-raised bovids without a hunting license and would establish the same regulatory framework that is currently applicable to hunting farm-raised deer. The bill has been referred to the Committee on Sporting, Heritage, Small Business, and Rural Issues.
Case Law Updates
Federal Case Law Updates
Environmental Organizations Sue to Protect Polar Bears and Walruses in Alaska
Alaska Wildlife Alliance, Center for Biological Diversity, Defenders of Wildlife, Friends of the Earth, Sierra Club, and others have sued the U.S. Fish & Wildlife Service, alleging that the agency violated the Marine Mammal Protection Act and the Administrative Procedure Act when it granted a 5-year incidental take regulation (ITR) for the Alaska Oil and Gas Association that potentially could kill polar bears and walruses. Plaintiffs are seeking for the court to vacate the ITR and declare that FWS’ issuance of the ITR violated the MMPA and APA.
Alaska Wildlife Alliance, Center for Biological Diversity, Defenders of Wildlife, Friends of the Earth, Sierra Club, and others have sued the U.S. Fish & Wildlife Service, alleging that the agency violated the Marine Mammal Protection Act and the Administrative Procedure Act when it granted a 5-year incidental take regulation (ITR) for the Alaska Oil and Gas Association that potentially could kill polar bears and walruses. Plaintiffs are seeking for the court to vacate the ITR and declare that FWS’ issuance of the ITR violated the MMPA and APA.
9th Circuit Vacates EPA Pollution Permit for Idaho CAFOs
The 9th Circuit Court of Appeals has vacated a National Pollutant Discharge Elimination System (NPDES) Permit for Idaho CAFOs, finding that the permit issuance was “arbitrary, capricious, and in violation of law because it lacks sufficient monitoring provisions to ensure compliance with its discharge limitations.” The opinion contains substantial detail about CAFO manure pollution and EPA discharge monitoring obligations. The permit was challenged under the Clean Water Act by Food & Water Watch and Snake River Waterkeeper.
The 9th Circuit Court of Appeals has vacated a National Pollutant Discharge Elimination System (NPDES) Permit for Idaho CAFOs, finding that the permit issuance was “arbitrary, capricious, and in violation of law because it lacks sufficient monitoring provisions to ensure compliance with its discharge limitations.” The opinion contains substantial detail about CAFO manure pollution and EPA discharge monitoring obligations. The permit was challenged under the Clean Water Act by Food & Water Watch and Snake River Waterkeeper.
Environmental Organizations Sue to Protect Endangered Species from Off-Road Vehicles
The Center for Biological Diversity (CBD), Sierra Club, Defenders of Wildlife and others have sued the Interior Department, U.S. Bureau of Land Management and U.S. Fish and Wildlife Service in U.S. District Court for the Northern District of California for authorizing damaging activities in the California Desert Conservation Area––including a vast network of off-road vehicle routes in the West Mojave Desert. The lawsuit alleges that the routes are driving desert tortoises and other threatened and endangered species closer to extinction and destroying these protected public lands. The plaintiffs, who seek injunctive relief to stop the activity, are represented by the Stanford Environmental Law Clinic and CBD.
The Center for Biological Diversity (CBD), Sierra Club, Defenders of Wildlife and others have sued the Interior Department, U.S. Bureau of Land Management and U.S. Fish and Wildlife Service in U.S. District Court for the Northern District of California for authorizing damaging activities in the California Desert Conservation Area––including a vast network of off-road vehicle routes in the West Mojave Desert. The lawsuit alleges that the routes are driving desert tortoises and other threatened and endangered species closer to extinction and destroying these protected public lands. The plaintiffs, who seek injunctive relief to stop the activity, are represented by the Stanford Environmental Law Clinic and CBD.
Agency Updates
National Park Service Announces Plan for California Elk
The National Park Service has issued a Record of Decision concerning an Amendment to the General Management Plan for Point Reyes National Seashore that would extend livestock leases for another 20 years and control the tule elk population south of Tomales Point by actively culling the elk. The amendment to the management plan does not address the population of tule elk in the northern part of the national park who are the subject of an ongoing lawsuit brought by Harvard Law School’s Animal Law & Policy Clinic.
The National Park Service has issued a Record of Decision concerning an Amendment to the General Management Plan for Point Reyes National Seashore that would extend livestock leases for another 20 years and control the tule elk population south of Tomales Point by actively culling the elk. The amendment to the management plan does not address the population of tule elk in the northern part of the national park who are the subject of an ongoing lawsuit brought by Harvard Law School’s Animal Law & Policy Clinic.
USFWS Responds to Petitions Calling for Protection of Gray Wolves
The U.S. Fish & Wildlife Service has issued a 90-day finding that two petitions presented “substantial scientific or commercial information” justifying possible listing of a distinct population segment of gray wolves in western North America under the Endangered Species Act. More specifically, the agency determined the petitions contained “credible and substantial information” about the threats posed to gray wolves by hunting in Idaho and Montana, habitat modification due to a reduced prey base, disease, and loss of genetic diversity caused by isolation and small population size. FWS now will conduct a 12-month status review to determine which listing status is warranted and will accepting any information that will guide its analysis at any point during that process. The petitions were filed by the Humane Society of the United States, Center for Biological Diversity, Sierra Club, Western Watersheds Project and dozens of other organizations, several of whom also have filed federal litigation challenging FWS’ November 3, 2020, removal of the gray wolf from the endangered species list.
The U.S. Fish & Wildlife Service has issued a 90-day finding that two petitions presented “substantial scientific or commercial information” justifying possible listing of a distinct population segment of gray wolves in western North America under the Endangered Species Act. More specifically, the agency determined the petitions contained “credible and substantial information” about the threats posed to gray wolves by hunting in Idaho and Montana, habitat modification due to a reduced prey base, disease, and loss of genetic diversity caused by isolation and small population size. FWS now will conduct a 12-month status review to determine which listing status is warranted and will accepting any information that will guide its analysis at any point during that process. The petitions were filed by the Humane Society of the United States, Center for Biological Diversity, Sierra Club, Western Watersheds Project and dozens of other organizations, several of whom also have filed federal litigation challenging FWS’ November 3, 2020, removal of the gray wolf from the endangered species list.
USDA FSIS Responds to Two Petitions Relating to Labeling of Cultivated Meat
USDA’s Food Safety and Inspection Service has responded to Harvard Animal Law & Policy Program’s petition for FSIS to develop a labeling approach for “cell-based” meat and poultry products that respects First Amendment commercial speech protections by not requiring new standards of identity and not banning the use of common or usual meat or poultry terms or other product terms specified in current codified standards of identity. In its letter, FSIS “agrees that more information is necessary to develop new labeling requirements for these products,” stating that in response to the Harvard petition the agency filed an advance notice of proposed rulemaking (ANPR) on September 3, 2021, “to request comments pertaining to the labeling of meat and poultry products comprised of or containing cultured cells derived from animals subject to the Federal Meat Inspection Act or Poultry Products Inspection Act.” Conversely, FSIS has denied a February 9, 2018, petition by U.S. Cattlemen’s Association which urged the agency to exclude “cell-based” meat and plant-based meat substitutes from the definition of “beef” and “meat,” citing the FDA’s exclusive jurisdiction over plant-based products and the USDA’s September 3, 2021, ANPR regarding labeling of cultivated meat.
USDA’s Food Safety and Inspection Service has responded to Harvard Animal Law & Policy Program’s petition for FSIS to develop a labeling approach for “cell-based” meat and poultry products that respects First Amendment commercial speech protections by not requiring new standards of identity and not banning the use of common or usual meat or poultry terms or other product terms specified in current codified standards of identity. In its letter, FSIS “agrees that more information is necessary to develop new labeling requirements for these products,” stating that in response to the Harvard petition the agency filed an advance notice of proposed rulemaking (ANPR) on September 3, 2021, “to request comments pertaining to the labeling of meat and poultry products comprised of or containing cultured cells derived from animals subject to the Federal Meat Inspection Act or Poultry Products Inspection Act.” Conversely, FSIS has denied a February 9, 2018, petition by U.S. Cattlemen’s Association which urged the agency to exclude “cell-based” meat and plant-based meat substitutes from the definition of “beef” and “meat,” citing the FDA’s exclusive jurisdiction over plant-based products and the USDA’s September 3, 2021, ANPR regarding labeling of cultivated meat.
FERC Solicits Comments on Environmental Impacts of Proposed Natural Gas Pipeline
The Federal Energy Regulatory Commission is seeking public comments on the potential environmental impacts of a proposed natural gas pipeline project in Seneca County, Ohio. The Commission is specifically interested in comments that address environmental impact on geology, water resources and wetlands, vegetation and wildlife, endangered and threatened species, cultural resources, land use, air quality, noise, and safety. FERC is accepting comments through October 8, 2021.
The Federal Energy Regulatory Commission is seeking public comments on the potential environmental impacts of a proposed natural gas pipeline project in Seneca County, Ohio. The Commission is specifically interested in comments that address environmental impact on geology, water resources and wetlands, vegetation and wildlife, endangered and threatened species, cultural resources, land use, air quality, noise, and safety. FERC is accepting comments through October 8, 2021.
NMFS Approves Plan to Ensure Stable Population of Salmon as Prey for Endangered Killer Whales
After receiving nearly forty thousand comments during the public comment period that closed on August 2, 2021, NMFS has announced approval of a plan to limit the ocean fishery impact on the availability of Chinook salmon as the primary prey for the Southern Resident Killer Whale (SRKW) population segment, which is classified as endangered under the Endangered Species Act. The new amendment to the Pacific Coast Salmon Fishery Management Plan will require NMFS to exercise more oversight of the Chinook salmon population in wild fisheries in order to preserve a sustainable population for endangered orcas to consume.
After receiving nearly forty thousand comments during the public comment period that closed on August 2, 2021, NMFS has announced approval of a plan to limit the ocean fishery impact on the availability of Chinook salmon as the primary prey for the Southern Resident Killer Whale (SRKW) population segment, which is classified as endangered under the Endangered Species Act. The new amendment to the Pacific Coast Salmon Fishery Management Plan will require NMFS to exercise more oversight of the Chinook salmon population in wild fisheries in order to preserve a sustainable population for endangered orcas to consume.
USFWS Seeks Input on Plans to Streamline Permit Process for Incidental Takes of Eagles
The U.S. Fish & Wildlife Service is seeking public input on proposed rulemaking to streamline and simplify the permit process for incidental takes of eagles due to increasing interaction between eagles and industrial infrastructure. USFWS last updated the process in 2016, when the agency increased the maximum duration of an incidental take permit from five years to thirty years, and is accepting suggestions to further simplify the process through October 29, 2021.
The U.S. Fish & Wildlife Service is seeking public input on proposed rulemaking to streamline and simplify the permit process for incidental takes of eagles due to increasing interaction between eagles and industrial infrastructure. USFWS last updated the process in 2016, when the agency increased the maximum duration of an incidental take permit from five years to thirty years, and is accepting suggestions to further simplify the process through October 29, 2021.
NMFS Announces Regulatory Changes to Protect Whales in the Northeast U.S.
The National Marine Fisheries Service, after accepting public comments, has announced a final rule that aims to better protect populations of North Atlantic right whales, fin whales, and humpback whales. The rule, which becomes effective October 18, 2021, modifies the Atlantic Large Whale Take Reduction Plan to reduce incidental mortality and injury by crab and lobster trawlers by broadening restricted areas off the coast of Massachusetts and New Hampshire, as well as reducing the number of buoy lines.
The National Marine Fisheries Service, after accepting public comments, has announced a final rule that aims to better protect populations of North Atlantic right whales, fin whales, and humpback whales. The rule, which becomes effective October 18, 2021, modifies the Atlantic Large Whale Take Reduction Plan to reduce incidental mortality and injury by crab and lobster trawlers by broadening restricted areas off the coast of Massachusetts and New Hampshire, as well as reducing the number of buoy lines.
NMFS Signals Greater Transparency in Bycatch Reporting
The National Marine Fisheries Service has approved implementation of new reporting requirements in the Fishery Management Plans (FMPs) for Alaskan crab, salmon, and scallop fisheries “to more transparently reflect and align the FMPs with the way bycatch is currently reported in the fisheries managed by the North Pacific Fishery Management Council.” The amendments are intended to help achieve the Magnuson-Stevens Act’s requirements for bycatch minimization. The agency received no comments during the 60-day comment period and approved the amendments effective September 13, 2021.
The National Marine Fisheries Service has approved implementation of new reporting requirements in the Fishery Management Plans (FMPs) for Alaskan crab, salmon, and scallop fisheries “to more transparently reflect and align the FMPs with the way bycatch is currently reported in the fisheries managed by the North Pacific Fishery Management Council.” The amendments are intended to help achieve the Magnuson-Stevens Act’s requirements for bycatch minimization. The agency received no comments during the 60-day comment period and approved the amendments effective September 13, 2021.
Forest Service Seeks Input on Protection of Tahoe National Forest
The National Forest Service is preparing an environmental impact statement about the effects of climate change (including increasing wildfires) on Tahoe National Forest and its inhabitants in preparation for a vast forest restoration project. One of the stated purposes of the project is to reduce threats to wildlife habitat and align with the Conservation Strategy for the California Spotted Owl in the Sierra Nevada (USDA Forest Service 2019). The Service will be accepting public comments through October 15, 2021, to assist in preparation of the EIS which will be published in 2022.
The National Forest Service is preparing an environmental impact statement about the effects of climate change (including increasing wildfires) on Tahoe National Forest and its inhabitants in preparation for a vast forest restoration project. One of the stated purposes of the project is to reduce threats to wildlife habitat and align with the Conservation Strategy for the California Spotted Owl in the Sierra Nevada (USDA Forest Service 2019). The Service will be accepting public comments through October 15, 2021, to assist in preparation of the EIS which will be published in 2022.
Missouri Conservation Agency Seeks Incidental Take Permit for Five Bat Species
The Missouri Department of Conservation has applied to U.S. Fish & Wildlife Service for a 50-year incidental take permit (ITP) for Indiana bats, gray bats, northern long eared bats, little brown bats, and tri-colored bats. The group seeks the ITP for purposes of fulfilling a conservation plan throughout 42 million acres of recognized bat habitat. FWS is accepting comments through October 15, 2021.
The Missouri Department of Conservation has applied to U.S. Fish & Wildlife Service for a 50-year incidental take permit (ITP) for Indiana bats, gray bats, northern long eared bats, little brown bats, and tri-colored bats. The group seeks the ITP for purposes of fulfilling a conservation plan throughout 42 million acres of recognized bat habitat. FWS is accepting comments through October 15, 2021.
Kansas Seeks Permission for Take of Certain Aquatic Species
The Kansas Department of Wildlife & Parks has applied to the U.S. Fish & Wildlife Service for a 50-year “enhancement of survival permit” which would allow for the incidental take of five imperiled fish species in the course of the agency’s implementation of a long-term species recovery plan. FWS is accepting comments through October 15, 2021.
The Kansas Department of Wildlife & Parks has applied to the U.S. Fish & Wildlife Service for a 50-year “enhancement of survival permit” which would allow for the incidental take of five imperiled fish species in the course of the agency’s implementation of a long-term species recovery plan. FWS is accepting comments through October 15, 2021.
NMFS Announces End of the Commercial Catch Season for South Atlantic Red Snapper
Citing data that the commercial annual catch limit of 124,815 lbs. for red snapper in the South Atlantic already has been reached, the National Marine Fisheries Service has announced an immediate commercial fishing closure for red snapper in the Caribbean, Gulf of Mexico, and South Atlantic, in order to preserve the population. There will be no public comment period on this decision which is effective immediately.
Citing data that the commercial annual catch limit of 124,815 lbs. for red snapper in the South Atlantic already has been reached, the National Marine Fisheries Service has announced an immediate commercial fishing closure for red snapper in the Caribbean, Gulf of Mexico, and South Atlantic, in order to preserve the population. There will be no public comment period on this decision which is effective immediately.