Killing of Sea Lions Allowed to Continue

National News

The 9th Circuit has refused to stop the states of Oregon, Washington and Idaho from trapping and killing California sea lions that prey on endangered salmon at the Columbia River's Bonneville Dam.

In a three-page order, a panel of the San Francisco-based federal appeals court declined to issue a stay sought by the Humane Society of the United States. The society opposed the National Marine Fisheries Service's decision to authorize three states to "lethally remove" up to 85 sea lions per year.
The court found that the Humane Society's arguments are unlikely to prevail.
The states argued that the plan was necessary, because sea lions eat up to about 4.2 percent of the salmon run.
The Humane Society countered that fishermen and dams on the Columbia and Snake rivers kill more fish than sea lions do, and that cutting back on fishing would offset the amount of salmon and steelhead fish killed by sea lions.
The 9th Circuit's decision was limited to whether the lower court's decision to grant summary judgment to the states was arbitrary and capricious.
"Given the narrow and deferential standard of review, and the district court's well-reasoned decision ... we conclude that appellants have not met their burden of demonstrating a likelihood of success on the merits," the appeals court wrote.

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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.

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