|
United States v. Wallen |
Defendant appeals his conviction for unlawfully killing three grizzly bears in violation of the federal Endangered Species Act (ESA). The killing of the bears occurred on May 27, 2014 at defendant's residence in Ferndale, Montana ("bear country" as the court described). In the morning, defendant discovered bears had killed over half of his chickens maintained in a coop. Later that evening, the bears returned, heading toward the coop. Defendant's children, who were playing outside at the time, headed inside and defendant proceeded to scare the bears away with his truck. Later that night, the bears returned and were shot by defendant. According to testimony by enforcement officers, defendant gave two different accounts of what happened that night. Ultimately, defendant was charged for killing the bears in violation of the ESA and convicted by a magistrate judge after raising an unsuccessful self-defense argument. On appeal, defendant argued: (1) he should have been tried by a jury; (2) the magistrate judge did not correctly identify the elements of his offense, and that error was not harmless; and (3) the case should be remanded for a trial by jury in the interest of justice. With regard to (1), that he was entitled to a jury trial because the offense was serious, rather than petty, the appellate court rejected the argument. The possibility of a five-year probation term and $15,000 restitution did not transform the crime, which had a maximum 6-month imprisonment, into a serious offense. On the second and third arguments, the court agreed that magistrate erroneously relied on a self-defense provision from a federal assault case that required the "good faith belief" to be objectively reasonable. The court held that the "good faith" requirement for § 1540(b)(3) should be based on a defendant's subjective state of mind. Then, the ultimate question becomes whether that subjective good faith belief was reasonably held in good faith. Said the Court, "[u]nder the Endangered Species Act, the reasonableness of a belief that an endangered animal posed a threat is likewise strong evidence of whether the defendant actually held that belief in good faith." As a result, the appellate court found the error by the magistrate in rejecting defendant's self-defense claim was not harmless. As to whether defendant is entitled to a jury trial on remand, the court found that the outcome of the prior proceedings conducted by a magistrate do not constitute a showing of bias or partiality. Thus, he is not entitled to trial by jury. The conviction was vacated and proceedings remanded. |
|
US - Bears - Endangered and Threatened Wildlife and Plants; Reexamination of Regulatory Mechanisms in Relation to the 1998 Flori |
The Fish and Wildlife Service reexamined the regulatory mechanisms in relation to the 1998 finding for a petition to list the Florida black bear (Ursus americanus floridanus), under the Endangered Species Act. Pursuant to a court order, the Service reexamined only one factor, the inadequacy of existing regulatory mechanisms in effect at the time of our previous 1998 12-month finding. Pursuant to that order, the Service reexamined the existing finding considering the laws, regulations, and policies that directly or indirectly provide protection to the bear or its habitats. Based on this review, the FWS concluded that the existing regulatory mechanisms applicable in 1998 are not inadequate and do not warrant listing the Florida black bear.
|
|
US - Chimpanzees - Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List All Chimpanzees (Pan trog |
We, the U.S. Fish and Wildlife Service, announce a 90-day finding on a petition to list all chimpanzees (Pan troglodytes) as endangered under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing all chimpanzees as endangered may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the species to determine if listing the entire species as endangered is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding this species. Based on the status review, we will issue a 12-month finding on the petition, which will address whether the petitioned action is warranted, as provided in section 4(b)(3)(B) of the Act.
|
|
US - Critical Habitat - Critical Habitat Listing for Five Endangered Mussels in the Tennessee and Cumberland River Basins |
The FWS has designated designate 13 river and stream segments in the Tennessee Cumberland River Basins, for a total of approximately 885 river as
critical habitat
for five endangered mussels: Cumberland elktoe (
Alasmidonta atropurpurea
), oyster mussel (
Epioblasma capsaeformis
), Cumberlandian combshell (
Epioblasma brevidens
), purple bean (
Villosa perpurpurea
), and rough rabbitsfoot (
Quadrula cylindrica strigillata
).
All five mussels belong to the Unionidae family.
|
|
US - Critical Habitat - Critical Habitat Listing for the Topeka Shiner |
This rule is a correction to a previous final rule designating critical habitat for the Topeka Shiner (
Notropis Topeka
), published in the Federal Register on July, 24, 2004
(69 FR 44736).
In the previous final rule, the FWS
designated as
critical habitat
1,356 kilometers of stream in Iowa, Minnesota, and Nebraska.
They excluded from designation all previously proposed
critical habitat
in Kansas, Missouri, and South Dakota, and excluded the Fort Riley Military Installation in Kansas from
critical
habitat designation
.
|
|
US - Critical Habitat - Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the California tiger |
The FWS through this rule has designated a critical habitat in Santa Barbara County, California for the California Tiger Salamander (Ambystoma califoniese) (CTS) pursuant to the Endangered Species Act of 1973. This rule fulfills the final requirements of the settlement agreement reached in Center for Biological Diversity v. U.S. Fish and Wildlife Service. The reason for the designation of critical habitat for the CTS is the net loss in CTS grazing land over a 10 – 12 year period due to extensive farming, regardless of the efforts made to increase the amount of suitable grazing land.
|
|
US - Critical Habitat - Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Klamath River and |
This final rule is written to designate a critical habitat for the Klamath River and Columbia River populations of Bull Trout.
The critical habitat designation includes approximately 1,748 miles of streams and 61,235 acres of lakes and marshes.
The reason for this designation is that at the time of listing, there are only seven remaining non-migratory populations of bull trout, and the designation is mandatory pursuant to a court order.
|
|
US - Critical Habitat - Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Riverside Fairy S |
FWS has designated critical habitat pursuant to section 3 of the Endangered Species Act (ESA) for the federally endangered riverside fairy shrimp that encompasses 306 miles within Ventura, Orange, and San Diego Counties in California.
The riverside fairy shrimp is a freshwater crustacean that is found in vernal pools (a shallow depression that fills with rainwater and does not drain into the lower drainage section) in the coastal California area.
The shrimp is the second most primitive living crustacean and is the most recently discovered crustacean in California.
|
|
US - Critical Habitat - Endangered and Threatened Wildlife and Plants; Establishment of a Nonessential Experimental Population f |
This final rule is a collaborative effort between the FWS and the states of Tennessee and Alabama and Conservation Fisheries, Inc. to reintroduce the boulder darter
(
Etheostoma wapiti
)
, an endangered fish, and the spotfin chub
(
Cyprinella
(=
Hybopsis
)
monacha
)
, a threatened fish to its historical habitat in Lauderdale County Alabama and Lawrence County, Tennessee.
This rule provides for Non-essential Experimental Populations (NEP) within the designated area and it establishes limited allowable legal takings in that area.
Additionally, this rule also changes the scientific name of the spotfin chub from
Cyprinella
(=
Hybopsis
)
monacha
to
Erimonax monachus
, to reflect a recent change in the scientific literature.
|
|
US - Critical Habitat - Endangered and Threatened Wildlife and Plants; Final Rule To Designate Critical Habitat for the Buena Vi |
The U.S. Fish and Wildlife Service (Service), designated critical habitat for the Buena Vista Lake shrew (Sorex ornatus relictus) (referred to here as the shrew) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 84 acres (ac) (34 hectares (ha)) occur within the boundaries of the critical habitat designation. The critical habitat is located in the Central Valley floor of Kern County, California.
|
