American Federation of Aviculture v. U.S. Fish and Wildlife Service
In the 1970s, the federal government listed the golden parakeet, also known as the golden conure or Queen of Bavaria, as an endangered species. At the time, fewer than 2,500 birds were thought to exist. Since then, private breeders have significantly improved the plight of the golden parakeet and they now number between 10,000 and 20,000. Because of the bird’s improved status, the American Federation of Aviculture, a nonprofit organization representing the interests of bird owners and breeders, filed a petition to delist or downlist the golden parakeet in August 2014.
AFA asked the federal government to remove counterproductive restrictions that make it hard for breeders to maintain a genetically diverse population by limiting the breeders to whom they may sell. When breeders are free to work with each other, they have better options for breeding larger, healthier flocks, further helping conservation efforts. Moreover, when the breeders can meet the public’s demand for golden parakeets, it reduces incentives for people to illegally capture wild birds.
In 2015, the government finally acknowledged that AFA had a point, which triggered a 12-month deadline for action that has long since passed. Representing AFA, PLF notified the Fish and Wildlife Service that we would sue if the agency continued to fail to issue the required finding that the golden parakeet was no longer endangered. In response, the agency said it anticipated complying with the law by the end of September, 2018. This announcement that the government would take 41 months to do what the law requires it to do in 12 months is a direct affront to the rule of law. PLF is therefore filing a lawsuit on behalf of AFA to force the Fish and Wildlife Service to act as required by the laws that govern its activities.