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Brooks Animal Law Digest

US Edition: Issue 147

  BACK TO US DIGEST INDEX

This Week's Spotlights

Legislative Updates: Enacted Municipal Actions

July 9, 2022
City of Raleigh Bans Private Ownership of Dangerous Exotic Animals

The City of Raleigh, North Carolina enacted an ordinance making it unlawful “to harbor, possess, keep, maintain, release, transport, or have under their control within the City any dangerous wild animal,” defined to include (but not be limited to) big cats, wolves, non-human primates, venomous snakes, and crocodilians. AZA-accredited zoos and research facilities are among the limited exempted parties. North Carolina remains one of four states with no state-level restriction on the private ownership of exotic animals.

Federal Case Law Updates

July 9, 2022
DOJ Indicts Doc Antle and Associates for Wildlife Trafficking and Money Laundering

The U.S. Department of Justice (DOJ) indicted South Carolina roadside zoo owner Bhagavan “Doc” Antle for federal criminal charges relating to wildlife trafficking of chimpanzees, lemurs, and cheetahs; money laundering; and conspiracy to commit money laundering. The DOJ also indicted Antle’s employee, Andrew Sawyer; Antle’s partner and associate, Meredith “Moksha” Bybee; owner of the Vision Quest roadside zoo in Monterey, California, Charles Sammut; and owner of the Franklin Drive Through Safari roadside zoo in Texas, Jason Clay. Antle also recently was indicted for money laundering and conspiracy to commit money laundering in connection with a human trafficking enterprise and separately is due to stand trial for wildlife trafficking and animal cruelty charges in the State of Virginia on July 25, 2022.

July 9, 2022
Settlement Reached with USDA Wildlife Services to Protect Wolves and Foxes in Idaho

A settlement agreement between conservation groups and the U.S. Department of Agriculture’s Wildlife Services (Wildlife Services), the U.S. Forest Service, and the Bureau of Land Management will guarantee interim protections for native wildlife like wolves and foxes in Idaho pending the completion of new environmental reviews of the agencies’ actions. The agreement settles litigation brought by Western Watersheds Project, WildEarth Guardians, and Predator Defense alleging that Wildlife Services had violated federal law by relying on outdated and inadequate assessments of its policies and methods in the execution of its predator management program.

July 11, 2022
Sysco Sues Four Largest Beef Producers for Alleged Price Fixing

Wholesale distributor Sysco Corporation sued Cargill, JBS, Tyson Foods, and National Beef Packing, for allegedly working together to drive up the price of beef. Sysco alleges that the companies carried out a “scheme to artificially constrain the supply of beef entering the domestic supply chain” since at least 2015. The four plaintiffs collectively control an estimated 85% of the beef market.

July 12, 2022
First Circuit Reinstates Lobster Fishing Regulation to Protect Endangered Whales

The U.S. Court of Appeals for the First Circuit vacated a preliminary injunction entered by the U.S. District Court for the District of Maine that would have prevented the National Oceanic and Atmospheric Administration (NOAA) from enforcing a seasonal prohibition on lobster fishing using vertical lines in federal waters off the coast of Maine. The decision lets stand NOAA Fisheries’ implementation of a 967-square-mile seasonal closure to static lobster lines in federal waters off Maine, from October to January each year. NOAA determined that such seasonal closure would help prevent critically endangered North Atlantic right whales from entangling in dense aggregations of dangerous lobster gear.

International Updates

July 18, 2022
Turkish Advocacy Group Challenges Nationwide Ban on Vegan Cheese

The Vegan Association of Turkey has filed a lawsuit against the Turkish Ministry of Agriculture and Forestry, alleging that recently enacted Article 9/3 of the Turkish Food Code of Regulations, which prohibits the sale and production of dairy-free cheese, is unconstitutional.

Legislative Updates

Pending Federal Actions

July 9, 2022
FILM Act Would Remove Some Federal Permit Requirements in Federal Wilderness Areas

House Resolution 8258, the “Federal Interior Land Media (FILM) Act” would remove permit requirements for certain types of filming and photography activities in National Parks and other federal lands. The bill was introduced by Representative Russ Fulcher and has been referred to the House Committee on Natural Resources.

Enacted Municipal Actions

July 9, 2022
City of Raleigh Bans Private Ownership of Dangerous Exotic Animals

The City of Raleigh, North Carolina enacted an ordinance making it unlawful “to harbor, possess, keep, maintain, release, transport, or have under their control within the City any dangerous wild animal,” defined to include (but not be limited to) big cats, wolves, non-human primates, venomous snakes, and crocodilians. AZA-accredited zoos and research facilities are among the limited exempted parties. North Carolina remains one of four states with no state-level restriction on the private ownership of exotic animals.

Case Law Updates

Federal Case Law Updates

July 9, 2022
DOJ Indicts Doc Antle and Associates for Wildlife Trafficking and Money Laundering

The U.S. Department of Justice (DOJ) indicted South Carolina roadside zoo owner Bhagavan “Doc” Antle for federal criminal charges relating to wildlife trafficking of chimpanzees, lemurs, and cheetahs; money laundering; and conspiracy to commit money laundering. The DOJ also indicted Antle’s employee, Andrew Sawyer; Antle’s partner and associate, Meredith “Moksha” Bybee; owner of the Vision Quest roadside zoo in Monterey, California, Charles Sammut; and owner of the Franklin Drive Through Safari roadside zoo in Texas, Jason Clay. Antle also recently was indicted for money laundering and conspiracy to commit money laundering in connection with a human trafficking enterprise and separately is due to stand trial for wildlife trafficking and animal cruelty charges in the State of Virginia on July 25, 2022.

July 9, 2022
Settlement Reached with USDA Wildlife Services to Protect Wolves and Foxes in Idaho

A settlement agreement between conservation groups and the U.S. Department of Agriculture’s Wildlife Services (Wildlife Services), the U.S. Forest Service, and the Bureau of Land Management will guarantee interim protections for native wildlife like wolves and foxes in Idaho pending the completion of new environmental reviews of the agencies’ actions. The agreement settles litigation brought by Western Watersheds Project, WildEarth Guardians, and Predator Defense alleging that Wildlife Services had violated federal law by relying on outdated and inadequate assessments of its policies and methods in the execution of its predator management program.

July 11, 2022
Sysco Sues Four Largest Beef Producers for Alleged Price Fixing

Wholesale distributor Sysco Corporation sued Cargill, JBS, Tyson Foods, and National Beef Packing, for allegedly working together to drive up the price of beef. Sysco alleges that the companies carried out a “scheme to artificially constrain the supply of beef entering the domestic supply chain” since at least 2015. The four plaintiffs collectively control an estimated 85% of the beef market.

July 12, 2022
Conservation Groups Allege that FWS Management Rule Harms Mexican Gray Wolves

Conservation groups filed a lawsuit in U.S. District Court for the District of Arizona, alleging that a new U.S. Fish and Wildlife Service (FWS) management rule fails to provide for the recovery of the Mexican gray wolf. The Center for Biological Diversity and Defenders of Wildlife, represented by Earthjustice, allege that FWS’s new rule fails to address ongoing genetic threats to one of the most endangered mammals in the United States, sets an inadequate population target, and cuts wolves off from essential recovery habitat. Plaintiffs are seeking declaratory judgment and injunctive relief.

July 12, 2022
First Circuit Reinstates Lobster Fishing Regulation to Protect Endangered Whales

The U.S. Court of Appeals for the First Circuit vacated a preliminary injunction entered by the U.S. District Court for the District of Maine that would have prevented the National Oceanic and Atmospheric Administration (NOAA) from enforcing a seasonal prohibition on lobster fishing using vertical lines in federal waters off the coast of Maine. The decision lets stand NOAA Fisheries’ implementation of a 967-square-mile seasonal closure to static lobster lines in federal waters off Maine, from October to January each year. NOAA determined that such seasonal closure would help prevent critically endangered North Atlantic right whales from entangling in dense aggregations of dangerous lobster gear.

July 13, 2022
Foreign Nationals Plead Guilty to Trafficking Ivory, Rhinoceros Horn, and Pangolin Scales

Two individuals from the Democratic Republic of the Congo (DRC) pleaded guilty to federal Lacey Act and conspiracy charges relating to illegal trafficking of elephant ivory, rhinoceros horns, and pangolin scales from DRC to Seattle. They will be sentenced on November 1, 2022.

State Case Law Updates

July 9, 2022
PETA Prevails in Public Records Lawsuit Against Oregon Laboratory

The Multnomah County Circuit Court ruled that Oregon Health & Science University (OHSU) violated Oregon’s public records law by causing “undue delay” and unreasonably withholding public records requested by People for the Ethical Treatment of Animals, including by taking steps to delete videos of deadly experiments in which prairie voles were given the equivalent of fifteen bottles of wine a day. The court also found that OHSU police illegally surveilled PETA. As a sanction, OHSU will have to pay for costs and fees incurred by PETA.

July 12, 2022
New Jersey Environmental Agency Prevails in Oyster Seizure Suit

A New Jersey appeals court found in favor of the state environmental agency in a suit from an oyster farmer alleging that the agency was liable for confiscating mollusks that the farmers had harvested in waters unfit for human consumption. The court found the agency was not liable as it acted “in good faith” to prevent the sale of oysters to the public that could be detrimental to public health.

Agency Updates

July 11, 2022
USDA Reissues Instructions for Detection of Bacteria in Poultry Products

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) published FSIS Notice 39-22, which reissues instructions to inspection program personnel for the sampling of fowl carcasses for Salmonella and Campylobacter bacteria at establishments operating under the New Poultry Inspection System.

July 12, 2022
NMFS Proposes Revisions to Critical Habitat for North Pacific Right Whales

The National Marine Fisheries Service (NMFS) published notice of its finding that revisions to the critical habitat for the federally protected North Pacific right whale may be warranted. NMFS is accepting public comments on the potential revisions to existing Endangered Species Act regulations through September 12, 2022.

July 12, 2022
NMFS Authorizes Incidental Harm to Marine Mammals During Gulf of Mexico Surveys

The National Marine Fisheries Service published notice that it issued a letter of authorization (LOA) to QuarterNorth Energy, LLC for the take of marine mammals incidental to geophysical survey activity in the Gulf of Mexico. The LOA is effective from July 1, 2022, through December 31, 2022.

July 13, 2022
FWS Plans to Eliminate Endangered Species Act Protections for Puerto Rican Boa

The U.S. Fish & Wildlife Service proposes to remove the Puerto Rican boa from the Federal List of Endangered and Threatened Species. FWS is accepting public comments on its proposed regulatory action through September 12, 2022.

July 14, 2022
FWS Receives Permit Applications for Activities Concerning Protected Species

The U.S. Fish & Wildlife Service has received Endangered Species Act permit applications from the following individuals and entities for otherwise-prohibited activities with protected species:

  • The Gulf Breeze Zoo, a roadside zoo in Florida, seeks multiple permits to import siamangs from the Czech Republic and Ukraine;
  • Southern Louisiana University seeks a permit to import biological samples of captive-held loggerhead turtles, green sea turtles, and hawksbill sea turtles for research;
  • Florida State University seeks a permit to import biological samples from wild hawksbill sea turtles from Brazil for research;
  • The AZA-accredited Shedd Aquarium, in conjunction with the IUCN Iguana Specialist Group, seeks to renew authorization to import biological samples from captive and wild iguanas for research;
  • Evan Rosehoff, a veterinarian in North Carolina, seeks captive-bred wildlife registration for Madagascar radiated tortoises;
  • The AZA-accredited Utica Zoo seeks captive-bred wildlife registration for the lar gibbon, Hartman’s mountain zebra, and white naped crane;
  • The AZA-accredited Indianapolis Zoo seeks a permit to export ring tailed lemurs to the Calgary Zoo in Canada; and
  • Five individuals are seeking permits for the import of trophies from bonteboks they killed from a captive herd in South Africa.

FWS is accepting public comments through August 15, 2022.

July 14, 2022
North Pacific Fishery Management Council Seeks to Mitigate Overfishing of Snow Crab

The National Marine Fisheries Service published notice that the North Pacific Fishery Management Council is seeking public input on ways to reduce fishing-related mortalities for Eastern Bering Sea snow crab. Public input may be provided through September 23, 2022.

July 14, 2022
NOAA Ratifies Rule Protecting Hawaiian Spinner Dolphins from Public Contact

The Under Secretary of Commerce for Oceans and Atmosphere and the administrator of the National Oceanic and Atmospheric Administration ratified a final rule issued by the National Marine Fisheries Service on September 28, 2021, that restricts swimming with and approaching Hawaiian spinner dolphins within fifty yards in designated waters of Hawaii.

July 15, 2022
FWS Establishes Rules for 2022-23 Hunting Pursuant to Migratory Bird Treaty Act

The U.S. Fish & Wildlife Service is establishing the final frameworks from which states may select season dates, limits, and other options for the 2022-23 migratory game bird hunting season for certain migratory game birds. The final rules are effective July 15, 2022.

July 15, 2022
FWS Solicits Public Input on Multiple ESA Recovery Permit Applications

The U.S. Fish & Wildlife Service (FWS) is considering multiple Endangered Species Act recovery permit applications for research activities relating to the conservation of protected species of butterflies, birds, and fish. FWS is accepting public comments on the applications through August 15, 2022.

July 15, 2022
NMFS Announces 51 Scientific Research Permits for Activities with Anadromous Fish

The National Marine Fisheries Service announced its issuance of fifty-one Endangered Species Act permits for the purpose of scientific research involving anadromous fish.

International Updates

July 18, 2022
Turkish Advocacy Group Challenges Nationwide Ban on Vegan Cheese

The Vegan Association of Turkey has filed a lawsuit against the Turkish Ministry of Agriculture and Forestry, alleging that recently enacted Article 9/3 of the Turkish Food Code of Regulations, which prohibits the sale and production of dairy-free cheese, is unconstitutional.

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