Conservation Corner: November 20, 2000

The Endangered Species Act, Part I
by James L. Cummins

This is the first of a 2-part series on endangered species.

The Endangered Species Act, passed in 1973, is designed to regulate a wide range of activities affecting plants and animals designated as endangered or threatened. It also provides measures to help alleviate the loss of species and their habitats to ensure their survival. With some exceptions, the Act prohibits activities with these protected species. An "endangered species" is an animal or plant in danger of extinction. A "threatened species" is an animal or plant which is likely to become endan­gered in the future.

Without a permit, it is unlawful to commit, attempt to commit, solicit another to commit or cause to be committed any of the following activities involving endangered and threatened wildlife and plants: 1) import into or export from the U.S.; 2) take (includes harass, harm, pursue, hunt, shoot, wound, trap, kill, capture or collect) any wildlife within the U.S.; 3) take on the high seas; 4) possess, sell, deliver, carry, transport or ship any species unlawfully taken within the U.S. or on the high seas; 5) deliver, receive, carry, transport or ship in interstate or foreign commerce in the course of a commercial activity; 6) sell or offer for sale in interstate or foreign commerce; 7) remove and possess any plant from areas under Federal jurisdiction.

Endangered Species Permits may be issued for the following: 1) scientific research; 2) enhancement of propagation or survival of the species; 3) incidental taking; economic hardship situations involving endangered species. Threatened Species Permits may be issued for all of the activities listed above, as well as zoological, horticultural or botanical exhibition

Captive-Bred Wildlife Permits may be issued to qualified persons who register with the Service to buy and sell live endangered or threatened animals not native to the U.S., that have been born in the United States, for enhancement of propagation and survival of the species, provided the other person is registered for the same species. These species may be advertised for sale provided the advertisement contains a statement that no sale may be consummated until a permit has been obtained from the Service. The permit must be obtained prior to the sale. Permits are not issued for keeping or breeding endangered or threatened animals for pet purposes. The use of protected species as pets is not consistent with the purposes of the Act, which is aimed at conservation of the species and recovery of wild populations.

There are situations that are exempt from the prohibitions of the Act. Pre-Act or "Grandfather" Clause species held in captivity or in a controlled environment on December 28, 1973, or the date of publication in the Federal Register for final listing, whichever is later, are exempt from prohibitions of the Act provided such holding or use of the specimen was not in the course of a commercial activity. A pre-Act exemption does not apply to wildlife parts and products offered for sale in interstate or foreign commerce. Endangered or threatened animals born in cap­tivity from pre-Act parents are fully protected and cannot be considered pre-Act.

This column will be continued next week.

James L. Cummins is Executive Director of the Mississippi Fish and Wildlife Foundation in Stoneville, Mississippi. Known as "Wildlife Mississippi," the Foundation is a non-profit, conservation organization founded to conserve, restore and enhance fish, wildlife and plant resources throughout Mississippi.