Friends of Animals v. U.S. Fish & Wildlife Serv.

摘要

U.S. Fish and Wildlife Service did not act arbitrarily or capriciously in issuing scientific collecting permit under Migratory Bird Treaty Act authorizing take of owl species to determine impact on decline of separate owl species listed as threatened under Endangered Species Act, because: (1) act and service's implementing regulation do not contain language requiring take for scientific purposes to advance conservation of taken species, and (2) international conventions that MBTA implements and that MBTA regulations must be consistent with do not require that authorized take be for conservation of taken species.