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Submission

Barred Owl

Submission ID: SEM-19-004
Party concerned: United States
Date filed: September 30, 2019
Submission Status: Closed

Latest Update: March 20, 2020

The Secretariat determined to proceed no further because the matter is the subject of a pending judicial or administrative proceeding.

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.

Summary of the response provided by the Party:

In its Response, the US informs that the Submitters filed several complaints and lawsuits challenging the issuance of collection permits for scientific purposes in violation of the Migratory Bird Treaty Act and other laws such as the Endangered Species Act. In addition, the US asserts that both the judiciary system and the records of the Fish and Wildlife Service demonstrate that the US has complied with consistent with provisions of the Migratory Birds Treaty Act, the Endangered Species Act, as well as regulations under the authority of the Fish and Wildlife Service, in the issuance of the permits. The US affirms that the details with respect to this matter are available to the public. Furthermore, US considers that all the relevant elements have been taken into account to determine that the collection permits were in compliance with the applicable legislation, which the US considers that it has not failed to effectively enforce.

Names and citations of the environmental laws in question:

Migratory Bird Treaty Act (MBTA)

Submitter(s):

Friends of Animals

Submission Timeline

September 30, 2019

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

November 21, 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

February 21, 2020

The Council, the Party, or the Secretariat provided a written explanation in accordance with Guideline 19.9.

February 27, 2020

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

March 20, 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