A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE. 

JUDICIAL: Includes ESA issues.

In SAFARI CLUB INTERNATIONAL and National Rifle Association of America, Appellants v. Ryan ZINKE, in His Official Capacity as Secretary of The U.S. Department of the Interior, et al., Appellees, No. 16-5358, 878 F.3d 316 (D.C. December 22, 2017), a group of safari hunters and firearm advocates appealed summary judgment ruling after suing United States Fish and Wildlife Service (FWS) under Administrative Procedure Act (APA) and Endangered Species Act (ESA). They had challenged the agency’s decision “to suspend imports of sport-hunted African elephant trophies from Zimbabwe.” Appellate court affirmed lower court decision in part and reversed in part. It found the agency’s interpretation of rules forbidding import of elephant trophies was “permissible” and that the agency “could base finding that killing of African elephants did not enhance species’ survival on absence of evidence that sport hunting enhanced survival of species.”

In PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., Plaintiff v. TRI-STATE ZOOLOGICAL PARK OF WESTERN MARYLAND, INC., et al., Defendants, NO. MJG-17-2148, 2018 WL 434229 (D. Md. January 16, 2018), plaintiff sued claiming defendants violated the Endangered Species Act (ESA) by improperly “taking” the animals at issue. Defendants contend that the ESA is inapplicable to the instant case because it does not apply to animals that are held in captivity. Rather, Defendants argue, the Animal Welfare Act (AWA) preempts, supersedes, or nullifies an action brought under the ESA. Defendants further argue that even if the action could be brought under the ESA, the Plaintiff has not alleged facts sufficient to state a claim that Defendants have engaged in a “take” of a threatened or endangered species, and that any relief Plaintiff requests is speculative and conjectural. Court found the ESA and AWA “do not pursue conflicting objectives,” and that the ESA “provides for separate and heightened protections for the subset of captive animals that are threatened or endangered.” Motion to dismiss denied.

LEGISLATIVE:

H.R. 4824: To allow certain State permitting authority to encourage expansion of broadband service to rural communities, and for other purposes. Text is now available.

H.R. 4868: To authorize the Secretary of the Interior to conduct a special resource study of Fort Pillow Historic State Park in Henning, Tennessee. Referred to the House Committee on Natural Resources.

H.R. 4865: To amend the Federal Crop Insurance Act to establish a conservation practice-based pilot program. Referred to the House Committee on Agriculture.

H.R. 4855: To amend the Food and Nutrition Act of 2008 to provide an incentive for households participating in the supplemental nutrition assistance program to purchase certain nutritious fruits and vegetables that are beneficial to good health. Rto the House Committee on Agriculture.

H.R. 4847: To streamline the process for consideration of applications for the placement of communications facilities on certain Federal lands. Referred to the House Committee on Agriculture, House Committee on Energy and Commerce, and 2 other committees.

REGULATORY: Includes USDA, APHIS, EPA, FWS, NASS, and NOAA rules and notices.

AGRICULTURE DEPARTMENT:

Rule delaying the effective date and general compliance date of the 2018 Requirements to July 19, 2018. (In a final rule published on January 19, 2017, federal departments and agencies listed in this document made revisions to the Federal Policy for the Protection of Human Subjects). The Consumer Product Safety Commission (CPSC) adopted the same regulatory changes in a separate final rule published on September 18, 2017. Details here.

Notice USDA submitted information collection requirement(s) to Office of Management and Budget (OMB) for review. Title: RUS Electric Loan Application and Related Reporting Burdens. Details here.

ANIMAL AND PLANT HEALTH INSPECTION SERVICE: Notice APHIS will host a series of public meetings to solicit data and information from the public to aid in the development of criteria for recognizing the use of third-party inspection and certification programs as a positive factor when determining APHIS inspection frequencies at facilities licensed or registered under the Animal Welfare Act. Info here.

ENVIRONMENTAL PROTECTION AGENCY: Rule EPA is proposing to approve revisions to the portions of Idaho’s State Implementation Plan related to agricultural crop residue burning. Info here.

FISH AND WILDLIFE SERVICE: Notice FWS is initiating 5-year status reviews for 18 species in Hawaii, Oregon, Washington, Idaho, and Canada under the Endangered Species Act. Info here.

NATIONAL AGRICULTURAL STATISTICS SERVICE: Notice NASS requests revision and extension of the Agricultural Resources Management Survey and Chemical Use Surveys. Info here.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:

Rule NMFS announce a final rule to list the giant manta ray as threatened under the Endangered Species Act. Details here.

Rule NMFS closes the exclusive economic zone off South Carolina in the South Atlantic to trawling for penaeid shrimp, i.e., brown, pink, and white shrimp. Details here.

Rule NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear to catcher vessels less than 60 feet (18.3 meters) length overall using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area. Info here.

Notice NMFS publishes the standard ex-vessel prices and fee percentage for cost recovery under the Central Gulf of Alaska Rockfish Program. Details here.