Brooks Animal Law Digest

House Resolution 7197, the “Armed Forces Endangered Species Exemption Act,” would prohibit the U.S. Fish & Wildlife Service from designating critical habitat for imperiled species on “any military installation” and would exempt the military from restrictions on harming and harassing endangered species without a permit. The bill was introduced by Reps. Andy Biggs, Louie Gohmert, Paul Gosar, and Chip Roy, and has been referred to the House Committee on Natural Resources.

The Chair of the Institutional Animal Care and Use Committee (IACUC) at University of Washington (UW) and seventy-four current or previous UW IACUC members filed a class action lawsuit against the University of Washington to enjoin the university from responding to PETA’s public records request for information about IACUC appointments without first redacting all names and identifying information about IACUC appointees. The IACUC, which typically includes those engaged in animal experimentation, is meant to monitor the use of animals used for experiments, and plaintiffs argue that disclosure of the records without redaction of all identifying information would infringe upon their constitutional right to freedom of association. Plaintiffs are seeking certification of the class, as well as declaratory and injunctive relief.

Harvard Law School’s Animal Law & Policy Clinic, representing Rise for Animals and the Animal Legal Defense Fund, filed a lawsuit challenging a secret policy of the United States Department of Agriculture (USDA) that evades its statutory obligation to conduct annual full inspections of research facilities that use animals under the Animal Welfare Act.

The National Marine Fisheries Service announced promulgation of new regulations that revise annual catch limits, commercial trip limits, authorized fishing gear, and recreational vessel limits relating to dolphin and wahoo. While the rule decreases the dolphin recreational vessel limit for charter vessels and private recreational vessels, the “dolphin individual recreational bag limit of 10 fish per person in the Atlantic [Exclusive Economic Zone] remains unchanged.” The new regulations are effective May 2, 2022.

The Armenian Parliament passed a bill outlawing the use of wild animals in circuses. Armenia joins a rapidly growing list of more than fifty countries that have banned the use of wild animals in circuses.

House Resolution 7197, the “Armed Forces Endangered Species Exemption Act,” would prohibit the U.S. Fish & Wildlife Service from designating critical habitat for imperiled species on “any military installation” and would exempt the military from restrictions on harming and harassing endangered species without a permit. The bill was introduced by Reps. Andy Biggs, Louie Gohmert, Paul Gosar, and Chip Roy, and has been referred to the House Committee on Natural Resources.

Rhode Island S.B. 2798 would ban the sale of cosmetics that are developed or manufactured using animal experiments. The bill has been referred to the Senate Judiciary Committee.

Rhode Island S.B. 2751 would establish quarantine and testing protocols for animals suspected of carrying a “contagious, infectious, zoonotic, or communicable disease.” The bill has been referred to the Senate Committee on Environment and Agriculture.

Massachusetts House Bill 4595 would establish the “Invasive Species Trust Fund” to develop and implement a “statewide strategic management plan for invasive species.” The bill has been referred to the House Committee on Ways and Means.

New York Assembly Bill 9663 would require licensing for pet grooming facilities and establish requirements for standards of care and record-keeping. The bill has been referred to the Assembly Committee on Economic Development.

Minnesota House File 4672 would make the Bordetella vaccine available over the counter. The vaccine is routinely administered to dogs who spend time in boarding or day-care facilities to prevent Bordetella, commonly referred to as “kennel cough.” The bill has been referred to the House Committee on Agriculture Finance and Policy.

The Chair of the Institutional Animal Care and Use Committee (IACUC) at University of Washington (UW) and seventy-four current or previous UW IACUC members filed a class action lawsuit against the University of Washington to enjoin the university from responding to PETA’s public records request for information about IACUC appointments without first redacting all names and identifying information about IACUC appointees. The IACUC, which typically includes those engaged in animal experimentation, is meant to monitor the use of animals used for experiments, and plaintiffs argue that disclosure of the records without redaction of all identifying information would infringe upon their constitutional right to freedom of association. Plaintiffs are seeking certification of the class, as well as declaratory and injunctive relief.

A federal judge has denied the National Marine Fisheries Service’s (NMFS) request to dismiss a lawsuit brought by four environmental groups claiming that four hydropower dams in Maine threaten at-risk salmon species and were not properly authorized under the Endangered Species Act. The suit was filed by Plaintiffs Atlantic Salmon Federation U.S., Conservation Law Foundation, Maine Rivers, and the Natural Resources Council of Maine.

The Center for Biological Diversity (CBD) sent official notice of its intent to sue the Santa Maria Airport District (“District”) under the citizen suit provision of the Endangered Species Act. CBD alleges that the District has illegally destroyed critical habitat for the federally-protected California tiger salamander. The sixty-day notice letter is a required first step prior to initiation of an ESA citizen suit.

Harvard Law School’s Animal Law & Policy Clinic, representing Rise for Animals and the Animal Legal Defense Fund, filed a lawsuit challenging a secret policy of the United States Department of Agriculture (USDA) that evades its statutory obligation to conduct annual full inspections of research facilities that use animals under the Animal Welfare Act.

The Food & Drug Administration (FDA) announced that it is amending the animal drug regulations to improve the accuracy of the regulations and to reflect actions taken on new animal drug applications that impact drugs for dogs, cats, cattle, pigs, chickens, and turkeys.

The National Marine Fisheries Service (NMFS) announced its intent to conduct a five-year review of the status of the endangered North Pacific right whale, as required by the Endangered Species Act. NMFS invites submission of public comments based on the best available scientific information and data relating to the species through May 31, 2022.

The National Marine Fisheries Service announced the extension of the recreational fishing season for black sea bass in the South Atlantic exclusive economic zone to help fishers “maximize their opportunity to harvest.”

The National Marine Fisheries Service announced that it is closing the recreational sector for fishing blueline tilefish in the South Atlantic exclusive economic zone to prevent projected overfishing beyond the annual catch limit. The closure is effective July 26, 2022, through May 1, 2023.

The National Marine Fisheries Service announced a critical habitat designation in the Bering, Chuchki, and Beaufort seas for the Arctic subspecies of the ringed seal and the Beringia distinct population segment of Pacific bearded seals, which have been listed as threatened under the Endangered Species Act since 2012. The designations are effective May 1, 2022, and are the result of a lawsuit filed by Center for Biological Diversity in 2019 which challenged the agency’s failure to designate critical habitat for imperiled ice seals.

The National Marine Fisheries Service announced promulgation of new regulations that revise annual catch limits, commercial trip limits, authorized fishing gear, and recreational vessel limits relating to dolphin and wahoo. While the rule decreases the dolphin recreational vessel limit for charter vessels and private recreational vessels, the “dolphin individual recreational bag limit of 10 fish per person in the Atlantic [Exclusive Economic Zone] remains unchanged.” The new regulations are effective May 2, 2022.

The U.S. Fish & Wildlife Service (FWS) announced that it is reopening the public comment period on its August 25, 2021, proposal to list the Amur sturgeon, a species found in the Amur river basin in Russia and China, as endangered under the federal Endangered Species Act. FWS will accept additional comments through May 4, 2022.

The U.S. Department of Agriculture’s Farm Service Agency announced the availability of funds under the Emergency Livestock Relief Program for farmers impacted by drought and wildfires in 2021. Information relating to eligibility is included in the announcement.

The Armenian Parliament passed a bill outlawing the use of wild animals in circuses. Armenia joins a rapidly growing list of more than fifty countries that have banned the use of wild animals in circuses.