Summary of the matter addressed in the submission:
The Submitter asserts that the United States is failing to effectively enforce its environmental laws with respect to the lethal take of protected barred owls for scientific research without the actual study or use of the taken specimens or species.
The Submitter asserts that the United States Fish and Wildlife Service (USFWS) is failing to effectively enforce the Migratory Bird Treaty Act (MBTA) when it issued to itself scientific collection permits that allow the lethal take of barred owl. The collection permits were to allow the USFWS to study the effects of the barred owl’s absence on the northern spotted owl under an experimental pilot project implemented in 2013. As a result, the Submitters assert, 1,700 barred owls have been killed.
Names and citations of the environmental laws in question:
Migratory Bird Treaty Act (MBTA)
Friends of Animals
The Secretariat received a submission and began a preliminary analysis of it under the guidelines.
Submission - Submission authored by Submitter(s) on 30/09/2019
Acknowledgement - Communication to Submitter(s) authored by Secretariat on 30/09/2019
The Secretariat determined that the submission met the criteria of Article 14(1) and requested a response from the concerned government Party in accordance with Article 14(2).
Determination - Secretariat Determination under Article 14 (1) and 14 (2) authored by Secretariat on 21/11/2019
The Council, the Party, or the Secretariat provided a written explanation in accordance with Guideline 19.9.
The Secretariat received a response from the concerned government Party and began considering whether to recommend a factual record.
Party Response - Response from the Party under Article 14 (3) authored by United States on 27/02/2020
Acknowledgement - Other document authored by Secretariat on 27/02/2020
The Secretariat determined to proceed no further because the matter is the subject of a pending judicial or administrative proceeding.
Determination - Secretariat Determination under Article 14(3)(a) authored by Secretariat on 20/03/2020