Conservation Corner: November 27, 2000

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

This is part 2 of the series endangered species.

Certain antiques, including scrimshaw, can be imported into the U. S. if they are more than 100 years old and have not been repaired or modified since December 28, 1973, with any part of a listed species. Such antiques must enter through a designated port and must be accompanied by authenticating documentation.

If a species is listed as threatened or as an experimental population, special rules designated to cover unique situations may allow otherwise prohibited activities. Some species covered by special rules include certain kangaroos, several primates, the grizzly bear, gray wolf, African elephant, American alligator and leopard.

Commercial activities involving legally acquired endangered or threatened species that take place entirely within one State are not prohibited under Federal law. Mississippi has its own laws which regulate activities involving protected species. Contact the Mississippi Department of Wildlife, Fisheries and Parks before undertaking any activities involving endangered or threatened wildlife and plants.

Lawfully taken endangered and threatened species may be shipped interstate as a bona fide gift or loan if there is no barter, credit, other form of compensation or intent to profit or gain. A standard breeding loan, where no money or other consideration changes hands but some offspring are returned to the lender of a breeding animal, is not considered a commercial activity and, thus, is not prohibited by the Act and does not require a permit. Documentation of such an activity should accompany the shipment.

Defined as offspring of two animals or two plants where each parent is from a different species and where at least one parent is listed under the Act, are not protected by the Act. However, it is recommended that breeding records be maintained to show parentage and hybrid status of offspring.

Alaska natives who reside in Alaska, and non-natives who are permanent residents of native villages and primarily dependent upon the taking of listed wildlife, may import or take endangered or threatened wildlife for subsistence purposes or as raw materials for the production of authentic native handicrafts, which may be sold without Federal permits.

Prohibitions do not apply to endangered or threatened raptors (except the Bald Eagle) legally held in captivity since November 10, 1978 or to any progeny provided they are possessed and banded under the terms of a valid permit issued under the Migratory Bird Treaty Act.

There are significant penalties for violating the Act. Fines up to $100,000 and one year's imprisonment can be imposed to individuals. Organizations can be fined up to $200,000, The Act also provides for civil penalties that range from $500 to $10,000. Fish, wildlife, plants, vehicles and equipment used in violations may be subject to forfeiture. Individuals providing information leading to a civil penalty or criminal conviction may be eligible for cash rewards.

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.