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.
This Week's Spotlights
Legislative Updates: Enacted Municipal Actions
City of Raleigh Bans Private Ownership of Dangerous Exotic Animals
Federal Case Law Updates
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.
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.
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.
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.
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.
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.
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.
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
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.
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
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.
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
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.