On June 26, 2018, the U.S. Court of Appeals for the Ninth Circuit reversed the conviction of a Montana man who had been convicted of a criminal violation of the Endangered Species Act (ESA) for shooting and killing a grizzly bear that was harassing the horses in a pasture behind the defendant’s rural home. United States v. Charette, ___ F.3d ___, No. 17-30059 (9th Cir. June 26, 2018). The government had charged the defendant with one count of “taking” a threatened species in violation of the ESA. The defendant was convicted in a bench trial before a magistrate judge, and the conviction was affirmed by the district court. Continue reading “Grizzly Bear “Taking” Conviction Reversed by 9th Circuit”
Trump Administration Announces Plan to Consolidate Wildlife Agencies
The Trump Administration recently announced a proposal to merge the operations of the Department of Commerce’s National Marine Fisheries Service (NMFS) into the Department of Interior’s U.S. Fish and Wildlife Service (FWS). Historically, NMFS has been charged with administration of the Marine Mammal Protection Act (MMPA), focusing primarily upon marine mammals, while FWS has administered the Endangered Species Act (ESA) primarily with respect to species located upon land or inland fisheries. The reorganization initiative is part of a larger plan entitled Delivering Government Solutions in the 21st Century: Reform Plan and Reorganization Recommendation, containing proposals affecting several federal agencies. Continue reading “Trump Administration Announces Plan to Consolidate Wildlife Agencies”
Fish and Wildlife Service Issues Guidance on Incidental Take Permits
The U.S. Fish & Wildlife Service (FWS), the agency within the Department of Interior with primary responsibility for the administration and enforcement of the Endangered Species Act (ESA), issued new guidance on April 26, 2018, addressing the triggering circumstances for an incidental take permit (ITP) under Section 10(a)(1)(B) of the ESA. The guidance was issued in a Memorandum (Mem.) from the Principal Deputy Director to Regional Directors. Continue reading “Fish and Wildlife Service Issues Guidance on Incidental Take Permits”