DOCSLIB.ORG

USDA Cub Pet Petition and Supplement

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
USDA Cub Pet Petition and Supplement BEFORE THE UNITED STATES DEPARTMENT OF AGRICULTURE THE HUMANE SOCIETY OF THE UNITED STATES, WORLD WILDLIFE FUND, THE GLOBAL FEDERATION OF ANIMAL SANCTUARIES, THE INTERNATIONAL FUND FOR ANIMAL WELFARE, BORN FREE USA, THE FUND FOR ANIMALS, BIG CAT RESCUE, AND DETROIT ZOOLOGICAL SOCIETY PETITIONERS PETITION FOR RULEMAKING TO PROHIBIT PUBLIC CONTACT WITH BIG CATS, BEARS, AND NONHUMAN PRIMATES Anna Frostic (D.C. Bar No. 977732) Kimberly Ockene (D.C. Bar No. 461191) The Humane Society of the United States 2100 L Street NW Washington, DC 20037 [email protected] Amended January 7, 2013 (originally filed October 18, 2012) TABLE OF CONTENTS I. Notice of Petition…………………………………………………………………………...3 II. Introduction………………………………………………………………………………….8 III. Examples of Facilities that Offer Public Contact with Dangerous Wild Animals..9 IV. Legal Background and Authority to Amend Regulations…………………………..13 V. Current Handling Regulations Are Difficult to Enforce and Applied Inconsistently……………………………………………………………………………...19 VI. Public Handling of Big Cats, Bears, and Nonhuman Primates Undermines Animal Welfare, Public Safety, and Conservation and Must Be Prohibited…….23 A. Unmanaged Breeding………………………………………………24 B. Premature Mother-Infant Separation……………………………27 C. Excessive Handling of Young and Immature Animals………..34 D. Traveling Exhibition………………………………………………..35 E. Abusive Training, Declawing, and De-Fanging………………...38 F. Disease Transfer to Exhibited Animals……………………….…39 G. Risk of Physical Injury to Public During Handling……………42 H. Zoonotic Disease Transfer to Public……………………………...43 I. Risk of Injury to Public After Handling………………………….46 J. Conservation Impacts……………………………………………....49 VII. Proposed Amendments to Handling Regulations…………………………………….51 VIII. Conclusion……………………………………………………………………………….…54 IX. Expert Declarations…………………………………………………………………..…..56 X. Appendices….………………………………………………………..….See Enclosed Disc A. Evidence of Public Contact by Licensed Exhibitors B. Example of USDA Inventory Inaccuracy C. Examples of Transport for Public Contact Exhibition D. Examples of Disposition to Substandard Facilities E. Scientific Articles Cited 2 I. Notice of Petition Honorable Tom Vilsack, Secretary U.S. Department of Agriculture 1400 Independence Ave SW Washington, DC 20250 Kevin Shea, Acting Administrator Animal and Plant Health Inspection Service U.S. Department of Agriculture 4700 River Road, Unit 84 Riverdale, MD 20737-1234 PETITIONERS: The Humane Society of the United States 2100 L Street, NW Washington, DC 20037 World Wildlife Fund 1250 24th Street NW Washington, DC 20037 The Global Federation of Animal Sanctuaries P.O. Box 32294 Washington, DC 20007 The International Fund for Animal Welfare 1350 Connecticut Avenue NW, Suite 1220 Washington, DC 20036 Born Free USA P.O. Box 32160 Washington, DC 20007 The Fund for Animals 200 West 57th Street New York, NY 10019 Big Cat Rescue 12802 Easy Street Tampa, FL 33625 Detroit Zoological Society 8450 W. 10 Mile Rd. Royal Oak, MI 48067 3 Dear Secretary Vilsack and Acting Administrator Shea, The Humane Society of the United States (HSUS), World Wildlife Fund (WWF), The Global Federation of Animal Sanctuaries (GFAS), The International Fund for Animal Welfare (IFAW), Born Free USA (BFUSA), The Fund for Animals (“The Fund”), Big Cat Rescue (BCR), and the Detroit Zoological Society (collectively “Petitioners”) hereby petition the Secretary of Agriculture and the Administrator of the Animal and Plant Health Inspection Service (APHIS), pursuant to the First Amendment of the United States Constitution,1 the Administrative Procedure Act,2 and U.S. Department of Agriculture (USDA) regulations,3 to amend APHIS’ animal handling regulations to explicitly prohibit Animal Welfare Act (AWA) licensees from allowing members of the public to come into direct or unsafe close contact with big cats, bears, and nonhuman primates of any age. Proposed regulatory text is included herein and, as discussed in this petition, adopting this proposed rule is necessary to promote animal welfare (as required by the AWA, 7 U.S.C. § 2143(a)) and conservation, and to protect public safety and consumer expectations. Description of Petitioners HSUS is the nation’s largest animal protection organization with over 11 million members and constituents. Based in Washington, DC, HSUS works to protect all animals through education, investigation, litigation, legislation, advocacy, and field work. HSUS actively works to improve the management of wildlife in captivity in order to promote animal welfare, conservation, and public safety. HSUS members regularly visit USDA-licensed exhibitors’ facilities and enjoy seeing animals who are well cared for and appropriately displayed, but are distressed when they view animals being mistreated or exhibited in a manner that jeopardizes public safety and conservation efforts. HSUS also operates five animal care centers that provide care to thousands of animals, including big cats and nonhuman primates. That two of these facilities are licensed by APHIS means that HSUS has a strong interest in ensuring that all captive animal facilities are abiding by regulations to protect animal welfare and public safety. WWF’s mission is to stop the degradation of our planet’s natural environment, and build a future in which humans live in harmony with nature. In order to achieve this mission, WWF (with more than 5 million members globally) focuses on ensuring that the world’s biodiversity stays healthy for future generations and to reduce negative impacts of human 1 “Congress shall make no law ... abridging ... the right of the people ... to petition Government for a redress of grievances.” U.S. CONST., amend. I. The Supreme Court has recognized that the right to petition is logically implicit in, and fundamental to, the very idea of a republican form of government. United States v. Cruikshank, 92 U.S. 542, 552 (1875); United Mine Workers of America, Dist. 12 v. Illinois State Bar Ass’n, 389 U.S. 217, 222 (1967); Thomas v. Collins, 323 U.S. 516, 530 (1945). 2 5 U.S.C. § 553(e). 3 7 C.F.R. § 1.28. 4 activity. WWF is particularly interested in tiger conservation, as 97% of wild tigers have disappeared since the beginning of the 20th century and there are now more tigers living in captivity in the U.S. than exist in the wild. To promote tiger conservation, WWF works with the 13 tiger range states in Asia and domestically to ensure that one of the primary threats to the species, poaching for traditional Asian medicine, is alleviated. WWF advocates for greater oversight of U.S. captive tiger numbers and disposition in order to ensure that captive tigers are not contributing to illegal trade and to ensure that the U.S. meets its international obligations. Because tigers are frequently bred and mistreated for the purpose of public contact exhibition, and because it is unknown how all of these tigers are disposed of, WWF has a concrete interest in stronger federal regulation of public handling at USDA licensed exhibition facilities. GFAS was established to promote excellence in sanctuary management and in humane care of animals through international accreditation, collaboration, mentoring, and greater recognition and resources for sanctuaries, while seeking to eliminate the causes of displaced animals. There are over 80 sanctuaries accredited and verified by GFAS in the U.S. – these facilities have earned the highest level of credibility and are clearly distinguished from pseudo-sanctuaries and substandard facilities. GFAS sanctuaries do not allow direct contact or unsafe close contact between the public and big cats, bears, or nonhuman primates. IFAW saves animals in crisis around the world. With close to 2 million members and projects in more than 40 countries, IFAW rescues individual animals from cruelty and advocates for the protection of wildlife and natural habitats. Protecting captive big cats, bears, and nonhuman primates in the U.S. is a core IFAW focus. In the U.S. to date, IFAW has rescued and relocated 120 captive big cats from backyard menageries and substandard facilities. In 2004, IFAW conducted a one-year investigation of 42 USDA-licensed facilities that revealed severely inadequate welfare practices. Public contact between dangerous big cats and humans – including very young children – was prevalent at many of the facilities. IFAW members regularly enjoy viewing animals humanely cared for and exhibited in a manner that protects the health and welfare of the animals and the public. Born Free USA’s mission is to end the suffering of wild animals in captivity, rescue individual animals in need, protect wildlife – including highly endangered species – in their natural habitats, and encourage compassionate conservation globally. The Born Free USA Primate Sanctuary in Texas provides care to over 600 primates, many of whom were rescued from abusive situations in roadside zoos and private possession. In 2012 alone, Born Free USA has rescued over 100 primates from substandard facilities. The Fund for Animals is a national non-profit organization that advocates for preserving wild populations of animals and preventing abuse of captive wildlife. The Fund operates the Cleveland Amory Black Beauty Ranch (#74-C-0854), an animal care facility that 5 provides sanctuary to hundreds of animals, including three tigers who were rescued from a substandard facility licensed by USDA. Big Cat Rescue is one of the largest sanctuaries for big cats and is accredited by GFAS. As a nonprofit organization, BCR provides lifetime care to
Load more

Recommended publications
  • Bovine Benefactories: an Examination of the Role of Religion in Cow Sanctuaries Across the United States
    BOVINE BENEFACTORIES: AN EXAMINATION OF THE ROLE OF RELIGION IN COW SANCTUARIES ACROSS THE UNITED STATES _______________________________________________________________ A Dissertation Submitted to the Temple University Graduate Board _______________________________________________________________ In Partial Fulfillment of the Requirements for the Degree DOCTOR OF PHILOSOPHY ________________________________________________________________ by Thomas Hellmuth Berendt August, 2018 Examing Committee Members: Sydney White, Advisory Chair, TU Department of Religion Terry Rey, TU Department of Religion Laura Levitt, TU Department of Religion Tom Waidzunas, External Member, TU Deparment of Sociology ABSTRACT This study examines the growing phenomenon to protect the bovine in the United States and will question to what extent religion plays a role in the formation of bovine sanctuaries. My research has unearthed that there are approximately 454 animal sanctuaries in the United States, of which 146 are dedicated to farm animals. However, of this 166 only 4 are dedicated to pigs, while 17 are specifically dedicated to the bovine. Furthermore, another 50, though not specifically dedicated to cows, do use the cow as the main symbol for their logo. Therefore the bovine is seemingly more represented and protected than any other farm animal in sanctuaries across the United States. The question is why the bovine, and how much has religion played a role in elevating this particular animal above all others. Furthermore, what constitutes a sanctuary? Does
    [Show full text]
  • Volume 7 of Jury Trial
    Case 5:18-cr-00227-SLP Document 143-6 Filed 03/23/20 Page 1 of 56 1 1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE WESTERN DISTRICT OF OKLAHOMA 3 UNITED STATES OF AMERICA, ) 4 ) ) 5 Plaintiff, ) ) 6 vs. ) CASE NO. CR-18-227-SLP ) 7 ) ) 8 JOSEPH MALDONADO-PASSAGE, ) ) 9 ) ) 10 Defendant. ) 11 12 * * * * * * 13 VOLUME VII OF VII 14 TRANSCRIPT OF JURY TRIAL 15 BEFORE THE HONORABLE SCOTT L. PALK 16 UNITED STATES DISTRICT JUDGE 17 APRIL 2, 2019 18 * * * * * * * 19 20 21 22 23 24 25 Proceedings recorded by mechanical stenography; transcript produced by computer- aided transcription. Emily Eakle, RMR, CRR United States Court Reporter U.S. Courthouse, 200 N.W. 4th St. Oklahoma City, OK 73102 * 405.609.5403 Case 5:18-cr-00227-SLP Document 143-6 Filed 03/23/20 Page 2 of 56 2 1 APPEARANCES 2 Ms. Amanda Maxfield-Green and Mr. Charles Brown, Assistant United States Attorneys, U.S. Attorney's Office, 210 West Park 3 Avenue, Suite 400, Oklahoma City, Oklahoma 73102, appearing for the United States of America. 4 Mr. William Earley and Mr. Kyle Wackenheim, Assistant United 5 States Public Defenders, 215 Dean A. McGee, Suite 124, Oklahoma City, Oklahoma 73102, appearing for the defendant. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Emily Eakle, RMR, CRR United States Court Reporter U.S. Courthouse, 200 N.W. 4th St. Oklahoma City, OK 73102 * 405.609.5403 Case 5:18-cr-00227-SLP Document 143-6 Filed 03/23/20 Page 3 of 56 1054 1 INDEX PAGE 2 Closing argument by the Government.....................1055 3 Closing argument by the Defense........................1078 4 Final closing by the Government........................1095 5 Verdict................................................1101 6 Reporter's Certificate.................................1107 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Emily Eakle, RMR, CRR United States Court Reporter U.S.
    [Show full text]
  • Petitioned the USDA
    BEFORE THE UNITED STATES DEPARTMENT OF AGRICULTURE THE HUMANE SOCIETY OF THE UNITED STATES, WORLD WILDLIFE FUND, THE GLOBAL FEDERATION OF ANIMAL SANCTUARIES, THE INTERNATIONAL FUND FOR ANIMAL WELFARE, BORN FREE USA, THE FUND FOR ANIMALS, BIG CAT RESCUE, AND DETROIT ZOOLOGICAL SOCIETY PETITIONERS PETITION FOR RULEMAKING TO PROHIBIT PUBLIC CONTACT WITH BIG CATS, BEARS, AND NONHUMAN PRIMATES Anna Frostic (D.C. Bar No. 977732) Kimberly Ockene (D.C. Bar No. 461191) The Humane Society of the United States 2100 L Street NW Washington, DC 20037 [email protected] Amended January 7, 2013 (originally filed October 18, 2012) TABLE OF CONTENTS I. Notice of Petition…………………………………………………………………………...3 II. Introduction………………………………………………………………………………….8 III. Examples of Facilities that Offer Public Contact with Dangerous Wild Animals..9 IV. Legal Background and Authority to Amend Regulations…………………………..13 V. Current Handling Regulations Are Difficult to Enforce and Applied Inconsistently……………………………………………………………………………...19 VI. Public Handling of Big Cats, Bears, and Nonhuman Primates Undermines Animal Welfare, Public Safety, and Conservation and Must Be Prohibited…….23 A. Unmanaged Breeding………………………………………………24 B. Premature Mother-Infant Separation……………………………27 C. Excessive Handling of Young and Immature Animals………..34 D. Traveling Exhibition………………………………………………..35 E. Abusive Training, Declawing, and De-Fanging………………...38 F. Disease Transfer to Exhibited Animals……………………….…39 G. Risk of Physical Injury to Public During Handling……………42 H. Zoonotic Disease Transfer to Public……………………………...43 I. Risk of Injury to Public After Handling………………………….46 J. Conservation Impacts……………………………………………....49 VII. Proposed Amendments to Handling Regulations…………………………………….51 VIII. Conclusion……………………………………………………………………………….…54 IX. Expert Declarations…………………………………………………………………..…..56 X. Appendices….………………………………………………………..….See Enclosed Disc A. Evidence of Public Contact by Licensed Exhibitors B.
    [Show full text]
  • January-March 2019 • Volume 63 Issue 1 TABLE OF
    January-March 2019 • Volume 63 Issue 1 TABLE OF JANUARY-MARCH 2019 | VOLUME 63, ISSUE 1 contentscontents Features FCF Advocacy Fund for Engaging Hanka 5 Advisor Julia Wagner makes the case for federal representation. Lessons Learned from Experiencing a Tragedy 6 Dale Anderson and Wendy Debbas share 2020 wisdom and advice after deadly accident. Observations of an Aspiring Exhibitor 9 Bret Haughwort describes his journey to USDA- licensed exhibitor. Federal Judge Finds PETA Investigating 12 Technique Unlawful Duane Morris explains PETA audio was illegally obtained. What an Adventure in Belize! 14 Debi Willoughby takes readers to Belize for wild cat research. King Richard’s Faire Features Felines from 20 Great Cats World Park Lynn Culver reviews this festive outdoor performance. How to Deal with the Days that Follow a Fatal 23 Accident Support from friends, associates, and the community helped Hannah Fullmer recover. Joe Exotic Charged with Murder for Hire, 25 Taking and Sales of Endangered Species, and False Labeling Lynn Culver describes crimes alleged in federal indictment of former zoo owner. 99 66 1111 Feline Conservation Federation Volume 63, Issue 1 • Jan.-March 2019 JOIN THE FCF IN ITS CONSERVATION EFFORTS - WWW.FELINECONSERVATION.ORG The FCF supports conservation of wild felids by advocating for qualified individuals to own and to pursue hus- bandry of wild felines, providing expertise and material support to ensure the continued welfare and viability of these populations, contributing to research, and funding protection programs that benefit felids living in nature. Send $35 annual dues ($40 Canada, $50 international) to FCF, 141 Polk Road 664, Mena, AR 71953.
    [Show full text]
  • Published As Perspective in on Culture: the Open Journal for the Study of Culture (ISSN 2366-4142)
    Published as _Perspective in On_Culture: The Open Journal for the Study of Culture (ISSN 2366-4142) OF ANIMAL LOVE AND ABUSE: EXPLORING AMBIVALENT HUMAN-ANIMAL RELATIONSHIPS IN TIGER KING (2020) DURING THE COVID-19 PANDEMIC LIZA B. BAUER [email protected] Liza B. Bauer, M.A. is a doctoral researcher at the International Graduate Centre for the Study of Culture (GCSC) and holds a graduate scholarship from the Justus Liebig University Giessen. She studied Anglophone Studies in Marburg and Giessen and is currently working on her dissertation entitled Livestock in the Laboratory of Literature: The Cultural and Ethical Work of Farm Animal Representations in Anglophone Literary Thought Experiments. She further functions as one of the coordinators of the interdisciplinary research section “Human-Animal Studies” at her university’s Graduate Centre for the Study of Social Sciences, Business, Economics and Law (GGS) and works as an academic assistant for the International PhD program “Literary and Cultural Studies” (IPP) at the GCSC. KEYWORDS human-animal relations, tiger king, COVID-19, human-animal studies, pet-keeping, anthropocentrism PUBLICATION DATE Issue 9, September 3, 2020 HOW TO CITE Liza B. Bauer. “Of Animal Love and Abuse: Exploring Ambivalent Human-Animal Relationships in Tiger King (2020) during the COVID-19 Pandemic.” On_Culture: The Open Journal for the Study of Culture #9 (2020). <http://geb.uni- giessen.de/geb/volltexte/2020/15447/>. Permalink URL: <http://geb.uni-giessen.de/geb/volltexte/2020/15447/> URN: <urn:nbn:de:hebis:26-opus-154477> On_Culture: The Open Journal for the Study of Culture Issue #9 (2020): Love www.on-culture.org http://geb.uni-giessen.de/geb/volltexte/2020/15447/ Of Animal Love and Abuse: Exploring Ambivalent Human-Animal Relationships in Tiger King (2020) during the COVID-19 Pandemic _Abstract On March 20, 2020, Netflix launched a new hit.
    [Show full text]
  • Virginia Law Weekly Virginia Law Weekly
    VIRGINIA LAW WEEKLY 2017, 2018, & 2019 ABA Law Student Division Best Newspaper Award-Winner A Look Pending Changes to Bar Exam.................................3 Love in the Time of Corona......................................4 Inside: Lesson from a Falling Sky......... ..............................5 Wednesday, 8 April 2020 The Newspaper of the University of Virginia School of Law Since 1948 Volume 72, Number 23 Joint Statement around north from Dean grounds Goluboff and Dean Goluboff Hosts Skardon ’22 Hearts out to ev- Coffee Chat in eryone in social quarantine. Hang in On Monday, April 6, at 9:09 there, folks! p.m., Dean Risa Goluboff and Wake of Controversy Frannie Skardon ’22 released a Thumbs down joint statement to the Law Week- to the @UVALaw ly in response to our request for Twitter account further comment from the dean screenshotting the regarding Michael Berdan ’22’s Law Weekly’s work instead article recapping the Coffee with of linking to it. Like its peers, the Dean event. At this event, stu- the New York Times and dents had vigorously discussed the Washington Post, the the controversy surrounding Law Weekly values the page Ms. Skardon’s appeal to remain views that pour in when an a full-time student. The joint administration mismanages statement is reproduced below a public crisis. without edits. The Law Weekly does not necessarily endorse the Thumbs up to content or viewpoint herein pub- ANG’s newfound lished. efficiency at class- Statement begins: work. ANG only We are reaching out jointly to took three days to listen to express how glad we both are a one hour recorded lecture.
    [Show full text]
  • May 1, 2020 Animal Welfare Act Inspection and Annual Reports for Gene Wheeler DBA Special Memories Zoo N1426 Midway Rd
    2020-APHIS-04196-F Brown, Ann Center for Biological Diversity 5/15/2020 6/15/2020 The Center and Xerces Society request from the Animal and Plant Health Inspection Serv ce (“APHIS”): 1. From January 1, 2019 to the date APHIS conducts this search: a. The records between APHIS and the U.S. Fish and Wildlife Service (“FWS”) for Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming mentioning or including endangered species and endangered species consultations, requests for concurrence and concurrence letters regarding grasshopper spraying for all the 17 states covered by the October 2019 Grasshopper Programmatic Environmental Impact Statement for the Rangeland Grasshopper and Mormon Cr cket Suppress on; b. The records between APHIS and the National Marine Fisheries Service (“NMFS”) only where relevant (California, Idaho, Oregon and Washington) mentioning or including endangered species and endangered species consultations, requests for concurrence and concurrence letters regarding grasshopper spraying for all the 17 states covered by the October 2019 Grasshopper Programmatic Environmental Impact Statement for the Rangeland Grasshopper and Mormon Cr cket Suppression; c. The records discussing m tigation measures generally, and specifically records that include RAATS (including the terms “Reduced Agent Area Treatments” or “strip treatments”) to protect wildlife populations within treatment sites; and d. The record of analysis supporting the decis on for each treatment. Specifically: i. The Hopper analyses for each treatment; ii. The Finding of No Significant Impact (“FONSIs”) for all Environmental Assessments (“EAs”) that were finalized during the time period of interest; and iii.
    [Show full text]
  • NATIONAL HIGH SCHOOL ETHICS BOWL Case Set for 2020-2021 Regional Competitions
    NATIONAL HIGH SCHOOL ETHICS BOWL Case Set for 2020-2021 Regional Competitions Note: This case booklet has been modified by the Prindle Institute and contains questions that do not appear in the original document devised by the NHSEB Contents A NOTE FROM THE NHSEB Unless otherwise noted, these cases are the intellectual property of the Parr Center for Ethics. Please do not reproduce them, in part or whole, without credit. Please contact us at [email protected] for more information. CASES FOR REGIONALS 01 Factory Farming 02 TikTok Infamous 2020-2021 REGIONAL CASE COMMITTEE 03 (Un)charitable Donations No More Teachers, No More Books 05 04 CHAIR Alex Richardson What’s In A Name? 06 Dining Out During a Pandemic 07 The Korean Pop Industrial Complex 08 CONTRIBUTORS Christine Ball-Blakely, Guido Who Gets to Be Fashionable? Chiriboga, Alexandra Corbett, Ramona Ilea, Audra Jenson, Joanna Lawson, Camille Luong, Alex 09 Wholesome Discipline Richardson, Rachel Robison-Greene, Maggie Sun, 10 Dating After Prison Michael Vazquez, Dustin Webster, APPE 11 Contraceptive Controversy Intercollegiate Ethics Bowl 12 Harper’s Bizarre 13 (De)funding the Police 14 American Dirt 15 The Tiger King 1. Factory Farming Nearly all animal products consumed in the United States come from animals raised on factory farms, which are industrial-scale agricultural facilities that keep hundreds to thousands of animals in high-density confinement.1 These factory farms are only one component of the highly-consolidated animal agriculture industry, which is no longer controlled by family farmers, but by a handful of large corporations. The animal agriculture industry produces cheap animal products by prioritizing efficiency above all other considerations, including animal welfare, the environment, rural communities, human health, workers, and small family farms.
    [Show full text]
  • 'Tiger King' Shines Light on an Endangered Species Act Quirk by Stephanie Clark
    'Tiger King' Shines Light On An Endangered Species Act Quirk By Stephanie Clark The sweeping and rapid ascent to popularity of Netflix Inc.'s "Tiger King" documentary series has fueled new interest in two congressional bills that stalled in committee last year, and has drawn public attention to a quirk of the Endangered Species Act, or ESA. The series, which focuses on the strange and true story of Joseph "Joe Exotic" Maldonado-Passage, broadly covers the existence of private zoos in the U.S., with a specific focus on big cat zoos and sanctuaries. As the series notes from the beginning, each of the big cats featured in these zoos is an endangered species whose numbers have dwindled significantly in the wild. How, then, are these private zoo Stephanie Clark owners permitted to breed captive endangered species, such as tigers? This is a quirk of the ESA. While the ESA protects these species from take "wherever found," it also allows for captive-bred wildlife to exist within the U.S., and provides an exception from the take prohibition for registered captive-bred wildlife. Specifically, the ESA's captive- bred wildlife program and a variety of other laws and regulations govern the keeping, breeding and transfer of wildlife that is otherwise endangered but located in zoos and sanctuaries in the U.S. What does the ESA prohibit? The ESA prohibits "taking" of endangered species. "Take" is defined to mean harm, harass, pursue, hunt, shoot, wound, kill, trap, capture or collect. The ESA also makes it illegal to import, export, deliver, receive, carry, transport, ship in interstate or foreign commerce, sell or offer for sale in interstate or foreign commerce, take on the high seas, possess, ship, deliver, carry, transport, sell, or receive unlawfully taken wildlife.
    [Show full text]
  • The Prospector, April 7, 2020
    University of Texas at El Paso ScholarWorks@UTEP The Prospector Special Collections Department 4-7-2020 The Prospector, April 7, 2020 UTEP Student Publications Follow this and additional works at: https://scholarworks.utep.edu/prospector Part of the Journalism Studies Commons, and the Mass Communication Commons Recommended Citation UTEP Student Publications, "The Prospector, April 7, 2020" (2020). The Prospector. 375. https://scholarworks.utep.edu/prospector/375 This Article is brought to you for free and open access by the Special Collections Department at ScholarWorks@UTEP. It has been accepted for inclusion in The Prospector by an authorized administrator of ScholarWorks@UTEP. For more information, please contact [email protected]. News Entertainment Sports Pandemic: Students return from abroad, page 3 ‘Tiger King’ a brilliant docuseries, page 5 NCAA grants extra year, page 7 VOL. 105, NO. 23 APRIL 7, 2020 THE UNIVERSITY OF TEXAS AT EL PASO WWW.THEPROSPECTORDAILY.COM UTEP names new provost Isaiah Ramirez UTEP fi rst announced its search for a new provost in October The Prospector 2019 with the search committee being led by Vice President of Student Aff airs Gary Edens. University of Texas at El Paso President Heather Wilson an- Th e position of a provost is a highly touted position at a uni- nounced John S. Wiebe will be promoted to become the univer- versity, as it oversees all areas related to university curriculum sity’s president for academic aff airs and provost aft er holding the and faculty appointments, as well as being the chief academic interim position since January of last year.
    [Show full text]
  • Nye County Agenda Information Form
    NYE COUNTY AGENDA INFORMATION FORM Action U Presentation U Presentation & Action Department: Nye County Sheriff’s Office Agenda Bate: Category: Timed Agenda Item— 10:00 a.m. November 20, 2018 Contact: Sheriff Sharon Vehr1y Phone: 775-751-7000 Continued from meeting of: Return to: Lt. Harry D. Williams Location: Pahrump Phone: 751-7000 Action requested: ([nclude what, with whom, when, where, why, how much ($) mid tenns) Discussion and deliberation on appeal (pursuant to Nyc County Code Title 6, Animals, Section 6.40.0 10) of the Nyc County Sheriffs Office’s amended denial of a Special Conditions Animal Permit application (as required by Nye County Code Title 6, Animals, Section 6.30.030) to allow the possession often (10) special conditions animals (tigers) located at 6061 N. Woodchips Road, Pahrump, Nevada 89060, APN 027-241-26. Karl Mitchell/Kayla Mitchell/Big Cat Encounters — Appellants; Arlette Newvine, Esq. — Attorney for Appellants; Raymond Mielzvnski — Property Owner. Complete description of requested action: jinclude. ifapphcihle. background. impact. Iong-:eni commitment, existing county policy. future gnals, oht&ned by competitive bid. accountability measures Any information provided after the agenda is published or (luring the meeting of the Coni,nissionei-s will require you to provide 20 copies: one for each Commissioner, one for the Clerk, one for the District Attorney, one for the Public and two [or the County Manager. Contracts or documents requiring signatLire must be submitted with three original copies. Expenditure Impact by FY(s): (Provide detail on Financial Fonii) No tinancial impact Routing & Approval (Sign & Date) I. Dept Date 6. Date Date Date 2.
    [Show full text]
  • August 31, 2016 Honorable Tom Vilsack, Secretary U.S. Department
    August 31, 2016 Honorable Tom Vilsack, Secretary U.S. Department of Agriculture 1400 Independence Ave., S.W. Washington, DC 20250 Re: Additional Information In Support of Petition to Prohibit Public Contact with Dangerous Wild Animals (Docket No. APHIS-2012-0107) Dear Secretary Vilsack, The Humane Society of the United States (HSUS), World Wildlife Fund (WWF), The Detroit Zoological Society (DZS), The Global Federation of Animal Sanctuaries (GFAS), The International Fund for Animal Welfare (IFAW), Born Free USA (BFUSA), The Fund for Animals (“The Fund”), and Big Cat Rescue (BCR) (collectively “Petitioners”) submitted a rulemaking petition to the U.S. Department of Agriculture (USDA/APHIS) on October 18, 2012 (amended January 7, 2013) requesting amendment of the Animal Welfare Act (AWA) handling regulations pertaining to big cats, bears, and nonhuman primates. 9 C.F.R. § 2.131(a),(c); 9 CFR § 3.77(g); 9 CFR § 3.78(e); 9 CFR § 3.79(d). Through the Petition – as bolstered by expert declarations, Petitioners’ November 18, 2013 comments, Petitioners’ supplement dated December 2, 2014, and Petitioners’ letter dated March 31, 2015, all attached (Appendix A) and hereby incorporated by reference – Petitioners have presented 1 copious scientific evidence that it is unsafe and inhumane for AWA-licensed exhibitors, breeders, and dealers to allow members of the public to have direct contact (or unreasonably close contact) with dangerous wild animals, regardless of the age of the animal. See 81 Fed. Reg. 41257 (June 24, 2016); 78 Fed. Reg. 47215 (Aug. 5, 2013); 78 Fed. Reg. 63408 (Oct. 24, 2013).1 Further, just since USDA reopened this comment period in June 2016, over 190,000 members and constituents of Petitioners’ organizations have voiced their support for the petitioned action.
    [Show full text]