Phoenix Herpetological Society, Inc. v. Fish and Wildlife Service, No. 20-5161 (D.C. Cir. 2021)Annotate this Case
The Grand Cayman Blue Iguana is protected by the Endangered Species Act, 16 U.S.C. 1531, and by the Convention on International Trade in Endangered Species, which ban their collection, trade, and export. The Secretary of the Interior may permit “any” otherwise prohibited conduct “to enhance the propagation or survival” of a protected species. The nonprofit Phoenix Herpetological Society applied for permits to export four blue iguanas to a Danish zoo and continue its captive-bred wildlife program at its Arizona facility. For export, the Fish and Wildlife Service must find that “proposed export would not be detrimental to the survival of the species.” The Service also evaluates—under Endangered Species Act criteria—whether a permit “would be likely to reduce the threat of extinction facing the species.” The applicant bears the burden of showing that its specimens were lawfully acquired, including lawful importation of the ancestors of specimens it has bred.
The D.C. Circuit affirmed the denial of the permits. The agency determined that exporting the iguanas would not be “detrimental” to the species but that exporting them would not “reduce the threat of extinction” for the species. The court concluded that its reasoning was not inconsistent. The Service appropriately acknowledged the prior permits and explained that inconsistent assertions about the parental stock raised new questions about lawful acquisition.