Contents
4 Endangered Species Act (ESA)
5 Bald & Golden Eagle Protection Act
7 Marine Mammal Protection Act (MMPA)
Statement of Purpose
This page is for information on the conservation laws and protected species within the United States.
Contributors
Major editor: Breda Zimkus.
Introduction
A list of U.S. federally protected species are included on The Environmental Conservation Online System (ECOS), a gateway web site that provides access to data systems in the U.S. Fish and Wildlife Service. Many states also have additional state protected species that are illegal to collect; each state’s wildlife department likely has a list that should be checked before collecting.
Endangered Species Act (ESA)
The purpose of the ESA is to protect and recover imperiled species and the ecosystems upon which they depend. It is administered by the U.S. Fish and Wildlife Service and the Commerce Department’s National Marine Fisheries Service (NMFS). The FWS has primary responsibility for terrestrial and freshwater organisms, while the responsibilities of NMFS are mainly marine wildlife. Under the ESA, species may be listed as either endangered or threatened. “Endangered” means a species is in danger of extinction throughout all or a significant portion of its range. “Threatened” means a species is likely to become endangered within the foreseeable future. All species of plants and animals, except pest insects, are eligible for listing as endangered or threatened. For the purposes of the ESA, Congress defined species to include subspecies, varieties, and, for vertebrates, distinct population segments. You can search for listed species on the [| U.S. Fish & Wildlife Endangered Species List] and find out more information about permits on the [| U.S. Fish & Wildlife ESA Permits Page].
Bald & Golden Eagle Protection Act
The Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c)] prohibits anyone, without a permit issued by the Secretary of the Interior, from “taking” bald eagles, including their parts, nests, or eggs. The Act provides criminal penalties for persons who “take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or any manner, any bald eagle … [or any golden eagle], alive or dead, or any part, nest, or egg thereof.” The Act defines “take” as “pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb.” Associated Bald and Golden Eagle Act Permits can be found on the [U.S. Fish & Wildlife] website.
Migratory Bird Treaty Act
[The Migratory Bird Treaty Act (MBTA)] makes it illegal for anyone to take, possess, import, export, transport, sell, purchase, barter, or offer for sale, purchase, or barter, any migratory bird, or the parts, nests, or eggs of such a bird except under the terms of a valid permit. The migratory bird species protected by the Act can be found on the [Migratory Bird Treaty Act Protected Species (10.13 List)]. See also USFWS Federal Migratory Bird Special Purpose Salvage Permits.
Marine Mammal Protection Act (MMPA)
The Marine Mammal Protection Act (MMPA) prohibits, with certain exceptions, harassing, hunting, capturing, or killing, or attempting to harass, hunt, capture, or kill any marine mammal in U.S. waters and by U.S. citizens on the high seas, and the importation of marine mammals and marine mammal products into the U.S.
Jurisdiction for MMPA is shared by U.S. Fish and Wildlife Service (Service) and the National Marine Fisheries Service (NMFS), and the U.S. Fish and Wildlife Service is responsible for issuing permits when exceptions are made to MMPA. In general, exceptions may be made for:
- Pre-MMPA specimens taken before December 21, 1972
- International Agreements entered into by the United States before December 21, 1972
- Alaska natives
- Scientific research, public display, enhancing the survival or recovery of a species, and incidental take in commercial fisheries
- Waivers granted by the U.S. Government
The Lacey Act
The Lacey Act [1] regulates the trade of wildlife and plants and creates penalties for a broad spectrum of violations. Under the Lacey Act, it is unlawful to import, export, sell, acquire, or purchase fish, wildlife or plants that are taken, possessed, transported, or sold: 1) in violation of U.S. or Indian law, or 2) in interstate or foreign commerce involving any fish, wildlife, or plants taken possessed or sold in violation of State or foreign law. The law covers all fish and wildlife and their parts or products, plants protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and those protected by State law. When the Lacey Act was passed in 1900, it became the first federal law protecting wildlife. It enforces civil and criminal penalties for the illegal trade of animals and plants. Today it regulates the import of any species protected by international or domestic law and prevents the spread of invasive, or non-native, species. See information above regarding Injurious Wildlife Provisions of the Lacey Act.
ls and how to apply to