A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg at uark.edu
JUDICIAL: Includes USDA and NMFS issues.
PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, Plaintiff, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Defendant. D.D.C. 2016 WL 3919808, (July 15, 2016) involved a 2013 USDA regulation establishing a Scientific Integrity Policy (SIP) directing Department scientists to “limit their statements on policy-related issues to their own scientific findings and to avoid making public comments that could be construed as judgments on federal policy.” Plaintiff objected on First Amendment grounds arguing the policy prevents USDA scientists from publicly commenting on matters of public concern. Court dismissed plaintiff’s complaint for lack of subject-matter jurisdiction because its members “not likely to be affected by policy in the future” and therefore, lack standing to challenge it.
In Pacific Choice Seafood Company, et al., Plaintiffs, v. Penny Pritzker, et al., Defendants. No. 15-cv-05572-HSG, 2016 WL 3916322 (July 20, 2016), plaintiffs challenged National Marine Fisheries Service rulings that “establish and implement an individual transferable quota program for a groundfish limited-entry trawl fishery.” Defendants moved to dismiss claims as time-barred by the Magnuson Act’s 30-day judicial review provision, arguing that the November 2015 Rule at issue is a “revision” of earlier regulations, rather than an “action” taken under those regulations. According to Defendants, “revisions” are similar to “amendments,” which “do not permit challenges by plaintiffs to previously implemented provisions of the Pacific Fishery Management Plan.” Defendants cited no case law distinguishing “revisions” from “actions.” Motion to dismiss denied.
REGULATORY: Includes AMS, APHIS, FS, NMFS, and RHS rules and notices.
AGRICULTURAL MARKETING SERVICE: Notice AMS will request an extension for information collection for Tart Cherries Grown in Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin. Details here.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE:
Rule amending horse protection regulations to provide that APHIS will train and license Designated Qualified Persons to inspect horses at horse shows, exhibitions, sales, and auctions for compliance with the Horse Protection Act. Info here.
Notice of meeting of the National Wildlife Services Advisory Committee. Details here.
FOREST SERVICE: Notice USDA has submitted information collection requirement(s) to OMB for review and clearance. Title: Youth Conservation Corps Application & Medical History Forms. Info here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:
Rule NMFS exchanges unused flathead sole Community Development Quota for rock sole CDQ acceptable biological catch reserves in the Bering Sea and Aleutian Islands management area. Info here.
Rule adjusts 2016 fishing season quotas for North and South Atlantic swordfish based upon 2015 commercial quota underharvests and international quota transfers consistent with the International Commission for the Conservation of Atlantic Tunas Recommendations. Details here.
Rule NMFS implements accountability measures for the greater amberjack recreational sector in the exclusive economic zone of the Gulf of Mexico for the 2016 fishing year. Info here.
Rule NMFS will implement management measures described in a framework action to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico. Details here.
Notice the SEDAR 53 assessment of the South Atlantic stock of red grouper will consist of a series webinars. Info here.
Notice the Pacific Fishery Management Council’s Ad hoc Sacramento River Winter Chinook Workgroup will meet to discuss progress on development of potential harvest control rule options. Info here.
Notice NMFS received a request from the California Department of Transportation for an incidental take authorization to take small numbers of seven species of marine mammals, incidental to construction activities associated with the East Span of the San Francisco-Oakland Bay Bridge. Details here.
RURAL HOUSING SERVICE: Notice USDA has submitted information collection requirement(s) to OMB for review and clearance. Title: 7 CFR 3570 Community Facilities Technical Assistance and Training Grant Program. Info here.