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Wildlife & Fisheries

Leveraging decades of experience, industry-specific knowledge, and agency connections to help clients navigate this highly regulated industry and achieve their goals.

KEAN MILLER, YOUR COUNSEL

Kean Miller delivers legal solutions tailored to the unique needs of businesses and organizations operating within the highly regulated and rapidly evolving wildlife and fisheries sectors. Our team brings together decades of experience, deep legal expertise, practical industry knowledge, and a passion for protecting and advancing the interests of our clients. We offer a collaborative, client-centered approach to problem-solving, ensuring that our clients receive tailored solutions that align with their business objectives and regulatory needs. From engaging in complex litigation to guiding clients through nuanced regulatory challenges, we combine industry-specific knowledge with innovative legal strategies to ensure our clients’ operations remain compliant and competitive. We are more than legal representatives – we are strategic advisors that help clients navigate today’s legal landscape while planning for tomorrow’s opportunities.

Our team, led by Tim Strickland and Bret Sparks, is uniquely positioned to support a diverse range of industries that are impacted by wildlife and fisheries regulations. We have represented companies involved in the traditional and exotic skins trade, high-fence wild game breeders, and wildlife import/export operations, as well as zoos, aquaria, research institutions, and a host of agriculture and ranching operations. We also have experience representing commercial and recreational fishing interests, aquaculture businesses, and trade associations across the fisheries sector, helping them navigate both day-to-day operations and long-term growth strategies.

Our relationships with the key federal, regional, and state agencies that oversee wildlife and fisheries regulation allow us to advocate effectively on behalf of our clients. We have a strong track record of effective engagement with these entities, including the U.S. Fish & Wildlife Service (FWS), National Marine Fisheries Service (NMFS), U.S. Department of Agriculture (USDA), USDA’s Animal & Plant Health Inspection Services (APHIS), Food & Drug Administration (FDA), Regional Fishery Management Councils, Migratory Bird Flyway Councils, Texas Parks & Wildlife Department (TPWD), and Louisiana Department of Wildlife & Fisheries (LDWF).

Our expertise extends across a broad array of laws and regulations that govern wildlife and fisheries management at the federal, state, and international levels. Our familiarity with these legal frameworks enables us to provide precise and effective counsel. Key laws we have navigated include:

  • Magnuson-Stevens Fishery Conservation & Management Act (MSA). We are well-versed in the intricacies of the MSA, advising clients on sustainable fisheries management, quota allocations, and compliance with fishery management plans (FMPs). We also represent clients in disputes involving catch limits, bycatch regulations, and regional council decisions.
  • Endangered Species Act (ESA). We have extensive experience litigating ESA issues tied to the wildlife trade, including the reversal of a California law that sought to ban trade in the parts and products of several crocodilian species. We have also successfully litigated challenges to FMPs on the premise of ESA-listed species endangerment, and we regularly guide clients through compliance with the ESA’s requirements for issues including habitat conservation plans, incidental take permits, and Section 7 consultations.
  • Convention on International Trade in Endangered Species (CITES). We advise clients involved in the import and export of wildlife, ensuring compliance with CITES permitting and documentation requirements.
  • United Nations Convention on the Law of the Sea (UNCLOS). We assist clients in navigating issues related to territorial waters, exclusive economic zones (EEZs), and the rights and obligations of states under UNCLOS. Our practice includes advising on international disputes and jurisdictional issues in maritime contexts.
  • Marine Mammal Protection Act (MMPA). We counsel clients on MMPA compliance, particularly in industries such as commercial fishing, oil and gas, and tourism, where interactions with marine mammals are likely.
  • National Environmental Policy Act (NEPA). We represent clients involved in projects subject to NEPA review, helping them navigate the procedural requirements and address environmental concerns, as well as challenging or defending NEPA decisions in court.
  • Lacey Act. We advise clients on compliance with the Lacey Act, particularly in relation to the import and export of wildlife products, timber, and other regulated goods. We assist clients in developing robust compliance programs and represent them in enforcement actions related to alleged Lacey Act violations.
  • Animal Welfare Act (AWA). We provide counsel to businesses involved in industries such as biomedical research, zoos, and commercial breeding on meeting AWA standards. Our services include compliance audits, defending against APHIS citations, and advising on best practices for animal care and handling.
  • Administrative Procedure Act (APA). We regularly engage in APA litigation, challenging agency rulemakings, adjudications, and other decisions that impact our clients. We provide comprehensive representation, from submitting comments during the rulemaking process to pursuing judicial review of agency actions. Notably, legal challenges involving the APA are likely to proliferate in the wildlife and fisheries space following the U.S. Supreme Court’s recent ruling in Loper Bright Enterprises v. Raimondo.
  • Freedom of Information Act (FOIA). We have extensive experience navigating complex “reverse FOIA” actions, in which activist groups weaponize FOIA to seize private business records for companies engaged in wildlife trade, and we have successfully argued for exemptions to the release of this confidential information.
Services & Experience
    • Litigation. We offer seasoned representation in both federal and state courts, handling a wide array of disputes involving wildlife and fisheries laws and regulations. Whether we’re challenging improper agency rulemakings, defending clients in enforcement actions, or addressing commercial disagreements, our litigation team is prepared to secure favorable outcomes.
    • Regulatory Advice. We provide strategic advice to businesses and organizations operating in heavily regulated industries, helping them navigate compliance with a complex web of wildlife and fisheries laws. Our team advises clients on how to maintain compliance with regulatory requirements under federal statutes like the Endangered Species Act (ESA), Magnuson-Stevens Fishery Conservation and Management Act (MSA), and National Environmental Policy Act (NEPA). We also assist in staying ahead of regulatory changes that could impact operations, offering proactive strategies that minimize risk.
    • Corporate Structuring. We assist clients in structuring corporate entities to align with regulatory and operational needs. From the formation of wildlife and fisheries-related businesses to advising on corporate governance matters, we help clients establish structures that maximize efficiency while ensuring compliance with relevant laws.
    • Organization Chartering. We help establish trade associations, nonprofits, and other advocacy groups focused on wildlife and fisheries issues. We guide clients through the chartering process, ensuring their organizations are legally sound and poised to advance their missions effectively.
    • Amicus Briefs. We are frequently called upon to draft and submit amicus briefs in key cases affecting wildlife and fisheries law. These briefs provide courts with expert perspectives on the broader implications of their legal decisions, often playing a critical role in shaping outcomes. We work closely with clients and industry stakeholders to ensure their voices are heard in significant litigation that could impact their operations or interests.
    • Lobbying. We have extensive experience advocating before federal and state legislative bodies to influence policy on wildlife and fisheries issues. We assist clients in crafting and advancing legislation, building coalitions, and engaging with key stakeholders to protect and promote their interests. Whether seeking legislative changes or defending against harmful proposals, we provide strategic guidance in the complex legislative process.
    • Enforcement Action Representation. We have regularly represented clients before regulatory and enforcement agencies. From navigating inspections by the U.S. Fish & Wildlife Service or the National Marine Fisheries Service to defending against citations or penalties, we advocate on behalf of our clients to ensure fair treatment. Our team’s deep familiarity with the procedures and priorities of these agencies allows us to negotiate favorable outcomes and resolve disputes efficiently.
    • Federal and State Rulemaking. We guide clients through the rulemaking process at both the federal and state levels, enabling them to participate effectively in the development of regulations that impact their businesses.
    • Permitting. We secure permits is a critical aspect of operating in this space, and our team assists clients in obtaining the necessary authorizations from relevant agencies. We work with clients to complete applications, comply with permitting requirements, and address any challenges that arise during the review process.