Does the harassment exception only apply to members of endangered species in captivity for breeding to promulgate the selected species to meet the goals of the Act?

QUESTIONS PRESENTED FOR REVIEW QUESTION #1 . 1.A. Does the harassment exception only apply to members of endangered species in captivity for breeding to promulgate the selected species to meet the goals of the Act? 1.B. Did the First Circuit err in affirming the lower court's decision without performing a de novo review on the question of the harassment exception and on harm? . . 1.C. Is the First Circuit opinion inconsistent with other courts by affirming substitution of the AZA for the USDA in determining ‘compliance with the Animal Welfare Act? QUESTION #2 Is the First Circuit opinion consistent with Federal Rule 65(a)(2) case law on consolidation of a preliminary injunction hearing with a trial on the merits and is it inconsistent with its own and Supreme Court rulings regarding consolidation? . (ii) cy CY