Fisheries Service Issues Incidental Taking Regulations

by John M. Simpson

The National Marine Fisheries Service (NMFS) published final regulations in the Federal Register on July 27, 2918 governing the unintentional taking of marine mammals incidental to fisheries research conducted in the Pacific Ocean by the NMFS’ Northwest Fisheries Science Center (NWFSC).  83 Fed. Reg. 36370 (July 27, 2018).  The regulations are effective from August 27, 2018 through August 28, 2023.  Continue reading “Fisheries Service Issues Incidental Taking Regulations”

Court Grants Summary Judgment Against HSUS in Endangered Species Act Case

by John M. Simpson

The U.S. District Court for the District of New Mexico recently entered summary judgment against the Humane Society of the United States (HSUS) and other plaintiffs in a case brought under the Endangered Species Act (ESA) alleging that regulations issued by the New Mexico State Game Commission authorizing the  recreational trapping of cougars (Cougar Rule) will cause a “take” of Mexican gray wolves in violation of the ESA.  Humane Soc’y of the U.S. v. Kienzle, 2018 WL 3429924 (D.N. M. July 16, 2018).  Continue reading “Court Grants Summary Judgment Against HSUS in Endangered Species Act Case”

Wildlife Agencies Announce Proposed Endangered Species Act Regulations

by John M. Simpson

On July 19, 2018, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) announced three proposed rulemakings that would revise the regulations pursuant to which the Services have implemented the Endangered Species Act (ESA).  These initiatives were the result of public comments solicited by the Services in response to Executive Order 13777, 82 Fed. Reg. 31576 (July 7, 2017), which sought comments on how federal agencies could improve the effectiveness and efficiency of federal regulations and the regulatory process.   Continue reading “Wildlife Agencies Announce Proposed Endangered Species Act Regulations”

PETA UK’s Effort to Ban Staffordshire Bull Terrier Fizzles

by John M. Simpson

A recent proposal by People for the Ethical of Animals UK (PETA UK) to add the Staffordshire bull terrier (a/k/a “staffies”) to the list of dogs banned by the UK’s Dangerous Dog Act of 1991 met a dead end in Parliament on July 16.  The proposal had arisen in response to a legal review conducted by the Select Committee on Environment, Food and Rural Affairs.  Once the PETA UK proposal surfaced, an e-petition campaign by owners and other supporters of the breed commenced, garnering nearly 180,000 signatures.  [Petition Summary.]   The petition called “on Parliament to save our staffies and not have them banned as dangerous dogs, because they are not.  People create dangerous dogs, people are the problem.”  Continue reading “PETA UK’s Effort to Ban Staffordshire Bull Terrier Fizzles”

Allowing Complaining Witness to Testify With Support Dog Leads to Reversal of Criminal Conviction

by John M. Simpson

In People v. Shorter, ___ N.W. 2d ___, 2018 WL 2746384 (Mich. App. June 7, 2018), the Court of Appeals of Michigan reversed a conviction for third degree criminal sexual conduct and fourth-degree criminal sexual conduct because the trial court erred by granting the prosecution’s motion to allow the complaining witness to testify while accompanied by a support dog and its handler.  The matter was remanded for a new trial.  Continue reading “Allowing Complaining Witness to Testify With Support Dog Leads to Reversal of Criminal Conviction”

Ninth Circuit Recently Slams PETA Over Monkey Selfie Lawsuit

Ninth Circuit Recently Slams PETA Over Monkey Selfie Lawsuit, Finding That PETA’s “Next Friend” Lawsuit Used Monkey as a “Pawn”

By: Michelle C. Pardo

As the old saying goes, “with friends like these, who needs enemies?”

Last year, animal activist group People for the Ethical Treatment of Animals (PETA), acting as a purported “next friend” of a Sulawesi crested macaque (named “Naruto”), brought a lawsuit in the Northern District of California against wildlife photographer David Slater and a self-publishing book company over a “selfie” that the macaque had taken when it grabbed wildlife photographer Slater’s camera.   PETA had alleged that the monkey, as author and owner of the photograph, had a claim for copyright infringement against defendants.  After finding that the monkey had constitutional standing, but no standing under the Copyright Act, the district court dismissed the case.  PETA appealed the case to the Ninth Circuit. Continue reading “Ninth Circuit Recently Slams PETA Over Monkey Selfie Lawsuit”