Administrative

Material name Summary
US - Eagles - Eagle Transportation Permits for American Indians and Public Institutions

This final rule revises the general eagle permit restrictions applicable to American Indians and public institutions. This final regulation provides for the issuance of eagle permits for transportation of lawfully possessed eagle parts into or out of the United States only when the eagle parts have a religious purpose, or when a public institution transports eagle parts for scientific or exhibition purposes. In these cases, we will require that the eagle parts be returned to the country of origin. We make this revision to address concerns expressed by American Indians and public institutions who have sought our permission to allow international travel of lawfully possessed eagle parts or items containing eagle parts. We have carefully considered the needs of science and education, the religious protections guaranteed by the United States Constitution, and the recommendations made by those responding to the proposed rule providing for Eagle Transportation Permits for American Indians and Public Institutions published Thursday, June 16, 1994 (Federal Register (59 FR 30892)).

US - Assistance animals, housing - Subpart D. Prohibition Against Discrimination Because of Handicap. These regulations set out the definitions relating to housing discrimination under the Federal Fair Housing Act.
US - Whales - Proposed Threatened Status for Southern Resident Killer Whales

We, the NMFS, have completed an update on the status review of Southern Resident killer whales (Orcinus orca) under the Endangered Species Act (ESA). Based on the review of the best available scientific and commercial information, including new data, published papers, and workshop reports available since the review in 2002, we are proposing to list the Southern Resident killer whales as threatened because these killer whales constitute a distinct population segment (DPS) under the ESA and are likely to become endangered in the foreseeable future throughout all or a significant portion of their range. We are not proposing to designate critical habitat at this time, but are requesting public comments on the issues pertaining to this proposed rule.

US - Endangered Species - Subpart D. Threatened Wildlife These Endangered Species Act regulations relate to threatened species. Included in the provisions are requirements for obtaining permits to take such species for one of the following purposes: scientific purposes, or the enhancement of propagation or survival, or economic hardship, or zoological exhibition, or educational purposes, or incidental taking, or special purposes consistent with the purposes of the Act. Also included are special rules for certain mammals, reptiles, birds, and fishes among other species.
US - AWA - House Report on 1976 Amendments to AWA

By 1976, rather than the use of animals in labs or stolen pets other animal protection issues had come to the forefront of public and congressional discussion. Those provisions dealing with research facilities and dealers were pretty much left alone by the 1976 amendments, which instead, dealt with several new topics.

US - Assistance animals, housing - § 100.204 Reasonable accommodations. This section states that it is unlawful any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling unit, including public and common use areas. Examples of such situations are also given.
AWA - Birds - Subpart G. Specifications for the Humane Handling, Care, Treatment, and Transportation of Birds These AWA regulations comprise Subpart G for the Humane Handling, Care, Treatment, and Transportation of Birds.
US - Pets and Housing - Subpart C. Pet Ownership for the Elderly or Persons with Disabilities This subpart implements section 227 of the Housing and Urban Rural Recovery Act of 1983 (12 U.S.C. 1701r-1) as it pertains to projects for the elderly or persons with disabilities under: (1) the housing programs administered by the Assistant Secretary for Housing - Federal Housing Commissioner; (2) projects assisted under the programs contained in chapter VIII of this title 24; and (3) the public housing program. The rule specifically states that it does not apply to assistance or service animals. The rule states that, except as otherwise provided, no project owner that manages a project for the elderly or disabled may restrict or discriminate against any person by reason of the person's ownership or presence of a common household pet in the person's dwelling unit. A "common household pet," is defined as "[a] domesticated animal, such as a dog, cat, bird, rodent (including a rabbit), fish, or turtle, that is traditionally kept in the home for pleasure rather than for commercial purposes" (excluding reptiles with exception of turtles). Notice of the allowance must be provided to tenants and tenants must be given the ability to access to pet rules. The project owner must establish reasonable rules to govern the keeping of pets.

US - Endangered Species - 50 CFR Part 17. Endangered and Threatened Wildlife and Plants; Mariana Fruit Bat (Pteropus mariannus m

This final rule downgrades the Mariana fruit bat from endangered to threatened throughout its range in the Mariana archipelago, which is subject to US jurisdiction.   The reason for the down grade is the FWS initially made a mistake in the taxonomy of the Mariana fruit bat.   When the FWS listed the bat as endangered on Guam in 1984, it believed that the bat was a species only endemic to Guam.   Since that time, the FWS has discovered that the bat is endemic to the entire Commonwealth of the Northern Mariana Islands (CNMI) and the Territory of Guam, thus there is actually a larger number of bats with a wider distribution.   Yet, threats to the Mariana fruit bat still remain, so its listing as threatened is still warranted.   Additionally, it is more convenient for the FWS to update the listing of the Mariana fruit bat to threatened in the entire Mariana archipelago, than to keep the species in the Guam as endangered and hold the remainder of the archipelago as threatened.

US - Pets and housing - Subpart C. Pet Ownership for the Elderly or Persons with Disabilities. This set of HUD regulations set forth the mandatory pet rules for housing programs. The procedure for the development of pet rules is outlined as well as pet rule violation procedures. One rule states that an applicant for tenancy in a project for the elderly or persons with disabilities may reject a unit offered by a project owner if the unit is in close proximity to a dwelling unit in which an existing tenant of the project owns or keeps a common household pet. The rules also contemplate protection of the pet by allowing project owners to contact state or local authorities to remove the pet if the health or safety of the pet is threatened by the death or incapacity of the pet owner.
US - Migratory Birds - Final List of Bird Species to Which the Migratory Bird Treaty Act Does Not Apply

We are publishing a final list of the nonnative bird species that have been introduced by humans into the United States or its territories and to which the Migratory Bird Treaty Act (MBTA) does not apply. This action is required by the Migratory Bird Treaty Reform Act (MBTRA) of 2004. The MBTRA amends the MBTA by stating that it applies only to migratory bird species that are native to the United States or its territories, and that a native migratory bird is one that is present as a result of natural biological or ecological processes. This notice identifies those species that are not protected by the MBTA, even though they belong to biological families referred to in treaties that the MBTA implements, as their presence in the United States and its territories is solely the result of intentional or unintentional human-assisted introductions.

US - Wolf - Reinstatement of Protections for the Gray Wolf in the Western Great Lakes and Northern Rocky Mountains

Reinstates the listing of the Western Great Lakes and Northern Rocky Mountains gray wolf populations in accordance with court orders.

US - Eagles - § 83.7 Mandatory criteria for Federal acknowledgment.

[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.

NV - Disaster Planning - State Comprehensive Emergency Management Plan (SCEMP) According to the Division of Emergency Management - Homeland Security, "The objective of the State Comprehensive Emergency Management Plan (SCEMP) is to reduce the possible consequences of an emergency by preventing loss of life and injuries; reducing damage to infrastructure, buildings, and homes; thus accelerating the resumption of normal daily life activities; and to the maximum extent possible, protect the environment." The plan contains several references to both service animals and household pets, which are excerpted below.
US - Pets and housing - § 5.380 Public housing programs: Procedure for development of pet rules. This rule states that Public Housing Authorities (PHAs) must consult with tenants of projects on rules for pets in projects for the elderly or persons with disabilities. PHAs shall send to the responsible HUD field office, copies of the final (or amended) pet rules, as well as summaries or copies of all tenant comments received in the course of the tenant consultation.
US - Wolf - Final Rule To Identify the Western Great Lakes Populations of Gray Wolves as a Distinct

Identifies the Western Great Lakes Distinct Population Segment of the gray wolf and removes this Segment from the protection of the Endangered Species Act.  In accordance with court order, provides an explanation as to how simultaneously identifying and delisting a DPS is consistent with the Act's text, structure, policy objectives, legislative history, and any relevant judicial interpretations.

US - Livestock - Humane Handling and Treatment of Livestock; Solicitation of Information

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.

US - Pets and Housing - Subpart G. Pet Ownership in Public Housing. The purpose of this subpart is, in accordance with section 31 of the United States Housing Act of 1937 (42 U.S.C. 1437z-3), to permit pet ownership by residents of public housing, subject to compliance with reasonable requirements established by the public housing agency (PHA) for pet ownership.
US - Wolf - Final Rule To Identify the Northern Rocky Mountain Population of Gray Wolf as a Distinct Population Segment and To R

The FWS identifies the gray wolf in the Northern Rocky Mountains as a Distinct Population Segment (DPS) and removes this DPS from the List of Endangered and Threatened Wildlife, except in Wyoming.   The wolf population in this area is about 5 times higher than the minimum population recovery goal and 3 times higher than the minimum breeding pair recovery goal.  The gray wolf is not removed from the list in Wyoming because of inadequate regulatory mechanisms

US - Endangered - Petition to List the Northwest Atlantic DPS of the Thorny Skate The Animal Welfare Institute and Defenders of Wildlife (Petitioners) hereby petition the Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, and the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration, to list the Northwest Atlantic population of thorny skate (Amblyraja radiata) as an endangered or threatened Distinct Population Segment (DPS), pursuant to the Endangered Species Act (ESA) (16 U.S.C. § 1531–44). In the alternative, Petitioners request NMFS to list a U.S. DPS of the thorny skate as a threatened or endangered species. In addition, Petitioners seek the designation of critical habitat concurrently with any listing of the thorny skate, as authorized by statute.
US - Assistance animals, housing - Part 8. Nondiscrimination Based on Handicap The purpose of this part is to effectuate section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C 794), to the end that no otherwise qualified individual with handicaps in the United States shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of Housing and Urban Development.
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 - Cruelty - § 11.446 Cruelty to animals. This regulation concerns acts of animal cruelty on Indian reservations or under the jurisdiction of tribal courts. According to § 11.446, a person commits a misdemeanor if he or she purposely or recklessly subjects any animal in his or her custody to cruel neglect; subjects any animal to cruel mistreatment; kills or injures any animal belonging to another without legal privilege or consent of the owner; or causes one animal to fight with another.
Brazil - Biodiversity Treaty- Acceptance

Brazil's Ratification of the Biodiversity Treaty: Decree No. 2, dated 3/2/94,

US - Exotic Pets - Injurious Wildlife Species; Listing the Boa Constrictor, Four Python Species

The U.S. Fish and Wildlife Service (Service) proposes to amend its regulations to add Indian python (Python molurus, including Burmese python Python molurus bivittatus), reticulated python (Broghammerus reticulatus or Python reticulatus), Northern African python (Python sebae), Southern African python (Python natalensis), boa constrictor (Boa constrictor), yellow anaconda (Eunectes notaeus), DeSchauensee's anaconda (Eunectes deschauenseei), green anaconda (Eunectes murinus), and Beni anaconda (Eunectes beniensis) to the list of injurious reptiles. This listing would prohibit the importation of any live animal, gamete, viable egg, or hybrid of these nine constrictor snakes into the United States, except as specifically authorized.

US - Livestock - Water Availability for Livestock at Slaughter Establishments

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.

US - Assistance animals, housing - Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-Funded Programs This notice explains certain obligations of housing providers under the Fair Housing Act (FHAct), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the Americans with Disabilities Act (ADA) with respect to animals that provide assistance to individuals with disabilities. The Department of Justice's (DOT) amendments to its regulations' for Titles II and III of the ADA limit the definition of "service animal” under the ADA to include only dogs, and further define "service animal" to exclude emotional support animals. This definition, however, does not limit housing providers' obligations to make reasonable accommodations for assistance animals under the FHAct or Section 504. Persons with disabilities may request a reasonable accommodation for any assistance animal, including an emotional support animal, under both the FHAct and Section 504.
US - Service Animals - Part 35. Nondiscrimination on the Basis of Disability in State and Local The purpose of this part is to effectuate subtitle A of title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131), which prohibits discrimination on the basis of disability by public entities. The section defines "service animal" as any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition.
Brazil - Federal Decree on Anti-Cruelty

This is a short summary of the federal decree that gives federal jurisdiction over some domestic animal issues.

US - Wildlife - Disposal of Forfeited or Abandoned Property

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.

NV - Wildlife - Chapter 504. Wildlife Management and Propagation. This administrative provision restricts the shipment, transportation and exportation of wildlife subject to limited exceptions.
US - Service animals - Part 36. Nondiscrimination on the Basis of Disability This regulation defines disability as a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment. It also defines service animal as any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.
US - Critical Habitat Listing for the Arroyo Toad This rule designates 11,695 acres of critical habitat for the arroyo toad in Santa Barbara , Ventura , Los Angeles , San Bernardino and Riverside counties in California .   FWS had to designate critical habitat for the arroyo toad as a result of a settlement agreement in Center for Biological Diversity v. United States Fish and Wildlife Service .   The critical habitat was designated in accordance with the Endangered Species Act of 1973 and its amendments.   This specific critical habitat is a revision of the final rule on arroyo toad critical habitat designation of 2/1/01 ( 69 FR 9414 ), which was deemed deficient and was overruled.  
Brazil - Animal Cruelty - Decreto-lei nº 24645,

Art. 1º - Todos os animais existentes no País sno tutelados do Estado.

US - Endangered - Emergency Petition to List the Pygmy Three-Toed Sloth The Animal Welfare Institute (AWI) formally requests that the United States Fish and Wildlife Service (USFWS) list the pygmy three-toed sloth (Bradypus pygmaeus) as endangered under the federal Endangered Species Act (ESA) on an emergency basis. Alternatively, if the USFWS determines that an emergency listing is not warranted in this case, AWI requests that it process this listing petition pursuant to the standard timetable as required under the ESA.
US - Livestock - Farm Sanctuary, et al v. Vilsack (Petition to Amend Rule) The undersigned submit this petition to request that the Food Safety and Inspection Service (FSIS) amend the ante-mortem inspection regulations to prohibit the slaughter of non-ambulatory disabled (NAD) pigs.1 Specifically, Petitioners request that FSIS amend 9 C.F.R. § 309.3 by adding a provision: "(f) Non-ambulatory disabled pigs that are offered for slaughter must be condemned and humanely euthanized in accordance with § 309.13." Read the regulation this petition challenges.
US - Lacey Act - Lacey Act Implementation Plan; Definitions for Exempt and Regulated Articles

In response to recent amendments to the Lacey Act, we are establishing definitions for the terms “common cultivar” and “common food crop” and several related terms. The amendments to the Act expanded its protections to a broader range of plant species, extended its reach to encompass products, including timber, that derive from illegally harvested plants, and require that importers submit a declaration at the time of importation for certain plants and plant products. Common cultivars and common food crops are among the categorical exclusions to the provisions of the Act. The Act does not define the terms “common cultivar” and “common food crop” but instead gives authority to the U.S. Department of Agriculture and the U.S. Department of the Interior to define these terms by regulation. Our definitions specify which plants and plant products will be excluded from the provisions of the Act, including the declaration requirement.

US - AWA - Animal Welfare; Definition of Animal The update to the Definition of Animal, in Section 1.1 of the Regulation, is simply made to make the definition of animal in the regulations more similar to that in the AWA.   The main change relates to mice, rats, and birds.   The definition in the Regulation has excluded mice and rats used for research, and all birds.   With this amendment, only birds that are bred or used for the purpose of research will be excluded.  
ID - Disaster planning - Idaho Emergency Operations Plan The Idaho Incident Annex (ID-IA) #5, Animal Health Emergency Management Annex defines the roles and responsibilities of the Idaho State Department of Agriculture (ISDA) and its supporting agencies in response to an emergency event.
US - Dogs at Large - Part 2. Resource Protection, Public Use and Recreation. § 2.15 Pets. This rule outlines the prohibitions for pets in designated Park Service areas. Pets or feral animals that are running-at-large and observed by an authorized person in the act of killing, injuring or molesting humans, livestock, or wildlife may be destroyed if necessary for public safety or protection of wildlife, livestock, or other park resources. Pets that do not pose a direct risk to wildlife may be impounded.
US - Air travel, service animals - Nondiscrimination on the Basis of Disability, Technical Assistance Manual

This document responds to a Congressional mandate for the U.S. Department of Transportation to provide a technical assistance manual to air carriers and individuals with disabilities concerning their rights and responsibilities under the Air Carrier Access Act and DOT regulations.

US - Livestock - Petition To Amend the Inspection and Handling of Livestock for Exportation Regulations to Include Fitness for Transport Requirements This petition is submitted on behalf of the Animal Welfare Institute (“AWI”) and the United States office of the World Society for the Protection of Animals (“WSPA”) and requests that the United States Department of Agriculture (“USDA”), and its Animal and Plant Health Inspection Service (“APHIS”), initiate rulemaking to amend the “exportation of animals” regulations by adopting the animal welfare standards of the World Organisation for Animal Health (“OIE”) for the transport of animals. Read the regulations this petition challenges.
US - AWA - Subpart D. Specifications/Standards for Nonhuman Primates This portion of the AWA regulations contains the humane care provisions for non-human primates. Included are requirements for housing facilities, primary enclosures, provisions for psychological well-being, feeding, watering, sanitization, employee requirements, and transportation standards.
US - Wildlife - Subpart D. Disposal of Forfeited or Abandoned Property. § 12.37 Sale. This provision allows for sale of forfeited or abandoned property acquired by the federal government. It specifically excludes species of animals that fall under the BGEPA, the ESA, the MMPA, and other statutes.
US - Migratory Birds - Draft List of Bird Species to Which the Migratory Bird Treaty Act

This is a published draft list of the nonnative bird species that have been introduced by humans into the United States or its territories and to which the Migratory Bird Treaty Act MBTA does not apply. This action is required by the Migratory Bird Treaty Reform Act (MBTRA) of 2004. The MBTRA amends the MBTA by stating that it applies only to migratory bird species that are native to the United States or its territories, and that a native migratory bird is one that is present as a result of natural biological or ecological processes. This notice identifies those species that are not protected by the MBTA, even though they belong to biological families referred to in treaties that the MBTA implements, as their presence in the United States and its territories is solely the result of intentional or unintentional human-assisted introductions.  It should be noted as with all changes to federal rules, public comment is sought.

NE - Disaster - Nebraska Emergency Operations Plan The Nebraska Emergency Management Agency creates the State Emergency Operations Plan (SEOP). According to the NEMA website, "[t]his State Emergency Operations Plan establishes the policies, plans, guidelines and procedures that will allow all our emergency resources to function effectively, as a team, when disaster strikes. In content and in format, the Plan is consistent with the current nationwide concept embodied in the Integrated Emergency Management System (IEMS) in that the Plan provides for performing specific functions across the full spectrum of hazards. Most tasks and capabilities apply across a broad range of hazards. By treating them in that manner we show an integrated approach to disaster management. Unique aspects of certain hazards are addressed separately, where necessary. Therefore, this is truly a multi-hazard functional plan."
US - Great Apes, Sanctuary - Part 9. Standards of Care for Chimpanzees Held in the Federally Supported Sanctuary System This set of regulations sets minimum standards of care for the chimpanzees that are maintained in the Federal Chimpanzee Sanctuary System, which was established by the CHIMP Act.
US - Poultry - Petition to issue regulations under the Poultry Products Inspection Act to regulate practices and actions that result in adulterated poultry products The United States Department of Agriculture (USDA) has been directed by Congress to promulgate regulations that will reduce poultry carcass adulteration. However, although USDA has repeatedly recognized that the inhumane treatment of poultry leads to adulteration, it has not promulgated any regulations to limit that adulteration. Thus, USDA is not fulfilling its mandate. Farm Sanctuary and the Animal Welfare Institute submit this petition for rulemaking, calling on USDA to begin the process of promulgating regulations to address bird handling and slaughter practices that result in adulteration as is its duty under the Poultry Products Inspection Act (PPIA), 21 U.S.C. § 451 et seq. Read 9 C.F.R. 381, 9 C.F.R. 416, and 9 C.F.R. 500 --all of which are discussed in the petition.
US - Primate - Animal Welfare; Draft Policy on Environment Enhancement for Nonhuman Primates

Under the Animal Welfare Act, our regulations require that dealers, exhibitors, and research facilities that maintain nonhuman primates develop and follow a plan for environment enhancement adequate to promote the psychological well-being of the nonhuman primates. We have developed a draft policy to clarify what we believe must be considered and included in the plan in order for dealers, exhibitors, and research facilities to adequately promote the psychological well-being of nonhuman primates.

US - Slaughter - Humane Slaughter of Livestock Regulations These regulations outline the requirements for the humane treatment of livestock prior to and during slaughter. Included are the requirements for pens, holding, and transportation areas, and the special circumstances for transporting and holding "downed" (nonambulatory) livestock. The regulations emphasize the minimization of "excitement and discomfort" to the livestock prior to transportation or slaughter. Of special note are the requirements for humane methods of slaughter, including the use of carbon dioxide gas, captive bolt "stunners" and projectiles, gunshot, and electrical current.

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