United States

Summary:

Because of conflicts between preservation of golden eagle nests and resource development or recovery operations, particularly surface coal mining activities in the western States, Congress amended the Eagle Protection Act to authorize the Secretary of the Interior to issue regulations that permit the taking of golden eagle nests found on the site of those operations under certain circumstances. Under that authority, the Service amends its regulations under the Eagle Protection Act to permit the taking (i.e., collection, molestation, disturbance, or destruction) of golden eagle nests during resource development or recovery operations when the nests are inactive if the taking is compatible with the preservation of the area nesting population of golden eagles. Little or no long-term impact on area nesting populations of golden eagles is expected as a result of this action.

Summary:

This notice advises the public of the Fish and Wildlife Service's development of a golden eagle management plan and invites public comment. The plan is needed to : (1) identify golden eagle needs; and (2) guide Service management and research efforts for golden eagles. The intended effect of the plan is to protect and conserve golden eagle populations while facilitating balanced development of the Nation's natural resources and the resolution of eagle/man conflicts.

Summary:

The Service proposes regulations to dispose of property forfeited or abandoned to the United States under the provisions of 50 CFR Part 12. This property, which includes wildlife, plants, vehicles, vessels, aircraft, cargo, guns, nets, traps, and other equipment, would be separated into two types for disposal. All property, except wildlife and plants, would be disposed of under existing Service procedures, which are based on current Federal Property Management Regulations and Interior Property Management Regulations. Wildlife and plants, however, would be disposed of at the discretion of the Director by one of the following means: return to the wild, use by the Service or transfer to another government agency for official use, donation or loan, sale, or destruction.

This action would enable the Service to insure that wildlife and plants are disposed of in accordance with the conservation aims of the statute under which they were obtained while establishing an orderly, cost efficient disposal procedure. This procedure is needed both to eliminate unnecessary expense and overcrowding at government storage facilities and to provide a uniform means of satisfying the variety of possible uses of wildlife and plants which are ready for disposal.

Summary:

On September 12, 1980, the Food Safety and Quality Service requested information on the humane watering needs of livestock. The action was taken in response to industry petitions that questioned a departmental regulation that requires water to be available for animals in holding pens at slaughter establishments.  The Agency has determined that the regulations requiring that water be available is holding pens will remain in effect, but notes that compliance with the regulations will not necessarily impose burdensome costs on the industry.

Summary:

This final decision establishes regulations to govern the taking of marine mammals incidental to commercial tuna purse seine fishing in the eastern tropical Pacific Ocean (ETP). The regulations provide for a general permit to be issued allowing the taking of a maximum of 20,500 porpoises, as apportioned into individual species and stock quotas, for each of the five years 1981- 1985.

Summary:

The Food Safety and Quality Service is seeking information from all interested members of the public on the need for modification of certain provisions relating to the humane handling of livestock contained in the Federal meat inspection regulations. The Agency has been requested to allow the withholding of water from cattle for a period of time not in excess of 24 hours when such withholding is specified in the sales contract. The Agency has also been requested to allow the withholding of water from animals which are to be slaughtered within 24 hours from the time they arrive at the slaughter establishment.

Summary:

The Food Safety and Quality Service is seeking information from all interested members of the public on the need for modification of certain provisions relating to the humane handling of livestock contained in the Federal meat inspection regulations. The Agency has been requested to allow the withholding of water from cattle for a period of time not in excess of 24 hours when such withholding is specified in the sales contract. The Agency has also been requested to allow the withholding of water from animals which are to be slaughtered within 24 hours from the time they arrive at the slaughter establishment.

Summary:

[Regulation removed 2010. Summary of former text provided.] This provision describes the mandatory criteria for establishing the existence of an American Indian tribe for purposes of recognition by the federal government.  These criteria implicate federal status for purposes of acquiring eagle parts for use in Indian religious ceremonies under the BGEPA.

Summary: The custody of an eleven year old German wirehaired pointer was the central issue in this Vermont divorce case. While both parties testified to their strong emotional ties to the dog and to the care that each spouse provided, the Superior Court awarded custody to the husband. The wife appealed the Superior Court’s decision arguing that the court erred in refusing a joint arrangement, that the court’s finding was not supported by the evidence, and that this finding provided an arbitrary basis for award. On appeal, the Supreme Court of Vermont held that the family court division could consider factors not set out in 15 V.S.A. § 751(b); specifically, the welfare of the animal and the emotional connection between the animal and each spouse. The court found that both parties were afforded an opportunity to put on evidence regarding both factors without restriction in the Superior Court. The Supreme Court of Vermont also held that the Superior Court was correct in its statement that the family division could not enforce a visitation or shared custody order for companion animals. Unlike child custody matters, the court said, there is no legislative authority for the court to play a continuing role in the supervision of the parties with respect to the care and sharing of a companion animal. The Superior Court’s decision of awarding custody to the husband was therefore affirmed.

Summary: This case deals specifically with the issue of whether or not the emergency aid exception to the warrant requirement of the Fourth Amendment extends to police action undertaken to render emergency assistance to animals. In this particular case, police officers were called to defendant’s property after a neighbor reported that two of defendant’s dogs were deceased and a third dog looked emaciated after being left outside in inclement weather. After showing up to the defendant’s home, police contacted animal control who immediately took custody of all three dogs, despite defendant not being present. The court held that the emergency aid exception did apply to the emergency assistance of animals because it is consistent with public policy that is “in favor of minimizing animal suffering in a wide variety of contexts.” Ultimately, the court determined that the emergency aid exception could be applied to emergency assistance of animals if an officer has an “objectively reasonable basis to believe that there may be an animal inside [the home] who is injured or in imminent danger of physical harm.” The matter was remanded to the District Court for further proceedings consistent with this opinion.