Endangered Species Act of 1969

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The Endangered Species Conservation Act of 1969 (Public Law 91-135) was an expansion of the Endangered Species Preservation Act of 1966 which authorized the United States Secretary of the Interior to develop a comprehensive list of species or subspecies of animals threatened with worldwide extinction. It also prohibited the importation from any foreign country any animal-whole or in part, any product, or any egg belonging to a species on that list. Limited exceptions for scientific, educational, zoological, or propagational purposes and for certain cases of commercial "economic hardship" were allowed under strict permitting procedures.

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Lacey Act

A predecessor to the Endangered Species Act of 1969, the Lacey Act of 1900, was the first in a long line of efforts by the United States government to preserve wildlife. Introduced by Iowa Congressman John F. Lacey in the House of Representatives in 1900 and signed into law by President William McKinley on May 25, 1900, it was originally "directed more at the preservation of game and wild birds by making it a federal crime to poach game in one state with the purpose of selling the bounty in another". [1]

Endangered Species Preservation Act of 1966

Peregrine falcon on rock Falco peregrinus nest USFWS.jpg
Peregrine falcon on rock

The Endangered Species Preservation Act of 1966 (Public Law 89-669) was passed prior to the 1969 act, and set up a list of species native to the United States that qualified as endangered. The animals on this list were then afforded certain protections from the National Wildlife Refuge System. For example, the Endangered Species Preservation Act was in part dedicated to raising awareness of endangered species of birds like the peregrine falcon, and to "conserve, protect, restore, and propagate certain species of native fish and wildlife". [2] [3]

Characteristics of the Act

Despite these protections, researchers found that the act was insufficient. This led to the passage of the Endangered Species Conservation Act of 1969. [4] [5]

Multiple images of reptiles Reptiles.jpg
Multiple images of reptiles

The Endangered Species Preservation Act of 1969 was largely an expansion of the Lacey Act of 1900. In 1969, it was amended to protect species beyond game and wild birds. It granted protection to amphibians, reptiles, mollusks, and crustaceans, groups previously unprotected by any U.S. law. [2] It also expanded the maximum punishment for poaching to a possible $10,000 and up to a year of jail time.

In addition, it established two lists into which endangered species could be sorted, foreign and domestic. The act then allowed for species on the domestic list to be given extra protection by United States agencies such as the U.S. Fish and Wildlife Service. It also stated that species on the foreign endangered list could not be brought into the United States. [6]

The 1969 act further amended other existing laws to prohibit throughout the United States the sale or purchase by any person of any domestically endangered species or part or product thereof that was taken in any manner in violation of the laws or regulations of a state or foreign country. It also established the framework for the Convention on International Trade in Endangered Species of Wild Fauna and Flora, or CITIES which, "accords varying degrees of protection to more than 30,000 species of animals and plants, whether they are traded as live specimens, fur coats or dried herbs." [7] Finally, the 1969 Act authorized up to $15 million to be appropriated to acquire land for the purpose of conserving, protecting, restoring, or propagating any endangered species.

Endangered Species Act of 1973

The Endangered Species Act of 1969 was only in effect for four years. It was soon replaced by the Endangered Species Act of 1973. The 1973 act was signed into law by President Richard Nixon, [5] [8] and expanded the protections afforded by the Endangered Species Act of 1969. The act is administered by two federal agencies, the United States Fish and Wildlife Service(FWS) and the National Oceanic and Atmospheric Administration (NOAA).

See also

Related Research Articles

<span class="mw-page-title-main">United States Fish and Wildlife Service</span> United States federal government agency

The United States Fish and Wildlife Service is a U.S. federal government agency within the U.S. Department of the Interior which oversees the management of fish, wildlife, and natural habitats in the United States. The mission of the agency is "working with others to conserve, protect, and enhance fish, wildlife, plants and their habitats for the continuing benefit of the American people."

<span class="mw-page-title-main">Endangered Species Act of 1973</span> United States law

The Endangered Species Act of 1973 is the primary law in the United States for protecting and conserving imperiled species. Designed to protect critically imperiled species from extinction as a "consequence of economic growth and development untempered by adequate concern and conservation", the ESA was signed into law by President Richard Nixon on December 28, 1973. The Supreme Court of the United States described it as "the most comprehensive legislation for the preservation of endangered species enacted by any nation". The purposes of the ESA are two-fold: to prevent extinction and to recover species to the point where the law's protections are not needed. It therefore "protect[s] species and the ecosystems upon which they depend" through different mechanisms. For example, section 4 requires the agencies overseeing the Act to designate imperiled species as threatened or endangered. Section 9 prohibits unlawful ‘take,’ of such species, which means to "harass, harm, hunt..." Section 7 directs federal agencies to use their authorities to help conserve listed species. The Act also serves as the enacting legislation to carry out the provisions outlined in The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Supreme Court found that "the plain intent of Congress in enacting" the ESA "was to halt and reverse the trend toward species extinction, whatever the cost." The Act is administered by two federal agencies, the United States Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS). FWS and NMFS have been delegated by the Act with the authority to promulgate any rules and guidelines within the Code of Federal Regulations (CFR) to implement its provisions.

The Migratory Bird Treaty Act of 1918 (MBTA), codified at 16 U.S.C. §§ 703712, is a United States federal law, first enacted in 1918 to implement the convention for the protection of migratory birds between the United States and Canada. The statute makes it unlawful without a waiver to pursue, hunt, take, capture, kill, or sell nearly 1,100 species of birds listed therein as migratory birds. The statute does not discriminate between live or dead birds and also grants full protection to any bird parts including feathers, eggs, and nests. A March 2020 update of the list increased the number of species to 1,093.

<span class="mw-page-title-main">Conservation status</span> Indication of the chance of a species extinction, regardless of authority used

The conservation status of a group of organisms indicates whether the group still exists and how likely the group is to become extinct in the near future. Many factors are taken into account when assessing conservation status: not simply the number of individuals remaining, but the overall increase or decrease in the population over time, breeding success rates, and known threats. Various systems of conservation status are in use at international, multi-country, national and local levels, as well as for consumer use such as sustainable seafood advisory lists and certification. The two international systems are by the International Union for Conservation of Nature (IUCN) and The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

Tennessee Valley Authority v. Hiram Hill et al., or TVA v. Hill, 437 U.S. 153 (1978), was a United States Supreme Court case and the Court's first interpretation of the Endangered Species Act of 1973. After the discovery of the snail darter fish in the Little Tennessee River in August 1973, a lawsuit was filed alleging that the Tennessee Valley Authority (TVA)'s Tellico Dam construction was in violation of the Endangered Species Act. Plaintiffs argued dam construction would destroy critical habitat and endanger the population of snail darters. It was decided by a 6-3 vote, in which the U.S. Supreme Court ruled in favor of Hill, et al. and granted an injunction stating that there would be conflict between Tellico Dam operation and the explicit provisions of Section 7 of the Endangered Species Act.

<span class="mw-page-title-main">Game law</span> Regulations for hunting

Game laws are statutes which regulate the right to pursue and hunt certain kinds of wild animals and fish. The scope of game laws can include the following:

<span class="mw-page-title-main">National Wilderness Preservation System</span> Protection of wilderness areas in the U.S.

The National Wilderness Preservation System (NWPS) of the United States protects federally managed wilderness areas designated for preservation in their natural condition. Activity on formally designated wilderness areas is coordinated by the National Wilderness Preservation System. Wilderness areas are managed by four federal land management agencies: the National Park Service, the U.S. Forest Service, the U.S. Fish and Wildlife Service, and the Bureau of Land Management.

<span class="mw-page-title-main">Marine Mammal Protection Act</span> Act of the United States Congress in 1972

The Marine Mammal Protection Act (MMPA) was the first act of the United States Congress to call specifically for an ecosystem approach to wildlife management.

<span class="mw-page-title-main">History of the National Wildlife Refuge System</span>

The National Wildlife Refuge System in the United States has a long and distinguished history.

<span class="mw-page-title-main">Wild Life (Protection) Act, 1972</span> Act of the Parliament of India

The Wild Life (Protection) Act, 1972 is an Act of the Parliament of India enacted for protection of plants and animal species. Before 1972, India had only five designated national parks. Among other reforms, the Act established scheduled protected plant and hunting certain animal species or harvesting these species was largely outlawed. The Act provides for the protection of wild animals, birds and plants; and for matters connected therewith or ancillary or incidental thereto. It extends to the whole of India.

The Lacey Act of 1900 is a conservation law in the United States that prohibits trade in wildlife, fish, and plants that have been illegally taken, possessed, transported, or sold.

<span class="mw-page-title-main">Bald and Golden Eagle Protection Act</span> United States federal statute

The Bald and Golden Eagle Protection Act is a United States federal statute that protects two species of eagle. The bald eagle was chosen as a national emblem of the United States by the Continental Congress of 1782 and was given legal protection by the Bald Eagle Protection Act of 1940. This act was expanded to include the golden eagle in 1962. Since the original Act, the Bald and Golden Eagle Protection Act has been amended several times. It currently prohibits anyone, without a permit issued by the Secretary of the Interior, from "taking" bald eagles. Taking is described to include their parts, nests, or eggs, molesting or disturbing the birds. 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."

<span class="mw-page-title-main">Endangered species</span> Species of organisms facing a very high risk of extinction

An endangered species is a species that is very likely to become extinct in the near future, either worldwide or in a particular political jurisdiction. Endangered species may be at risk due to factors such as habitat loss, poaching, and invasive species. The International Union for Conservation of Nature (IUCN) Red List lists the global conservation status of many species, and various other agencies assess the status of species within particular areas. Many nations have laws that protect conservation-reliant species which, for example, forbid hunting, restrict land development, or create protected areas. Some endangered species are the target of extensive conservation efforts such as captive breeding and habitat restoration.

<span class="mw-page-title-main">Manatee conservation</span> Organizations and work supporting manatee welfare

Manatees are large marine mammals that inhabit slow rivers, canals, saltwater bays, estuaries, and coastal areas. They are a migratory species, inhabiting the Florida waters during the winter and moving as far north as Virginia and into the Chesapeake Bay, sometimes seen as far north as Baltimore, Maryland and as far west as Texas in the warmer summer months. Manatees are calm herbivores that spend most of their time eating, sleeping, and traveling. They have a lifespan of about 60 years with no known natural enemies. Some of their deaths are the result of human activity. In the past, manatees were exploited for their meat, fat, and hides.

<span class="mw-page-title-main">Wildlife smuggling</span> Illegal gathering, transport and distribution of wild animals

Wildlife smuggling or wildlife trafficking concerns the illegal gathering and trade of endangered species and protected wildlife, including plants and byproducts or products utilizing a species. Research on wildlife smuggling has increased, however, knowledge of the illicit trade remains limited. The differences between international policies and tendencies likely contribute to the extensive estimated range of wildlife smuggling, anywhere from $5-$23 billion, with an additional $67-$193 billion when timber and fish are included. The prolific growth of wildlife smuggling makes it the fourth-largest criminal enterprise globally after drug, firearm, and human trafficking. Products demanded by the trade include but are not limited to ivory, bushmeat, traditional medicine, and exotic pets. China and the United States are the largest buyers in the illegal wildlife trade. It often involves other illegal activities such as tranquilizing animals without proper authorization.

<span class="mw-page-title-main">United States Fish and Wildlife Service Office of Law Enforcement</span>

The United States Fish and Wildlife Service Office of Law Enforcement contributes to Service efforts to manage ecosystems, save endangered species, conserve migratory birds, preserve wildlife habitat, restore fisheries, combat invasive species, and promote international wildlife conservation. It is an office of the United States Fish and Wildlife Service (FWS).

<span class="mw-page-title-main">Wildlife forensic science</span>

Wildlife forensic science is forensic science applied to legal issues involving wildlife. Wildlife forensic sciences also deal with conservation and identification of rare species and is a useful tool for non-invasive studies. Methods can be used to determine relatedness of the animals in the area allowing them to determine rare and endangered species that are candidates for genetic rescue. Techniques using things such as the SSCP or Single-Strand Conformational Polymorphism gel electrophoresis technique, microscopy, DNA barcoding, Mitochondrial Microsatellite Analysis and some DNA and Isotope analysis can identify species and individual animals in most cases if they have already been captured. Unlike human identification, animal identification requires determination of its family, genus, and species, and sex in order to individualize the animal, typically through the use of DNA based analyses.

An out-of-danger species is an animal or plant species formerly categorized as Rare, Vulnerable, or Endangered that has since been removed from these lists because the species' survival has been relatively secured, e.g. Ginkgo biloba. Often known as a delisted species, these animals have been moved out of the Rare, Vulnerable, or Endangered categories through conservation efforts and government policymaking to ensure their survival and population growth. The International Union for Conservation of Nature (IUCN) established its list of endangered species in 1964, subsequently becoming a global authority on wildlife conservation. The following year, the United States created the U.S. Fish and Wildlife Service to act as a federal authority on endangered species. Currently, both international and domestic organizations implement recovery efforts and track species' population growth, delisting when necessary. Removing a species from the endangered species list is generally a slow process; most organizations and governments require long periods of observation both before and after delisting. There have been numerous efforts to delist endangered species, with both international and country-wide recovery plans being regularly implemented. These programs have led to the recovery of dozens of species, but their overall effectiveness remains contested.

<span class="mw-page-title-main">North Texas Invasive Species Barrier Act of 2014</span>

The North Texas Invasive Species Barrier Act of 2014 is a bill that would exempt the North Texas Municipal Water District (NTMWD) from prosecution under the Lacey Act for transferring water containing invasive species from Oklahoma to Texas. The Lacey Act protects plants and wildlife by creating civil and criminal penalties for various violations, including transferring invasive species across state borders. The exemption would allow water transfers to go ahead and happen.

In 1970 California became one of the first states in the U.S. to implement an act that conserves and protects endangered species and their environments. The California Endangered Species Act (CESA) declares that "all native species of fishes, amphibians, reptiles, birds, mammals, and plants, and their habitats, threatened with extinction and those experiencing a significant decline which, if not halted, would lead to a threatened or endangered designation, will be protected or preserved."

References

  1. "Overview of the Lacey Act (16 U.S.C. SS 3371-3378)". Michigan State University College of Law. Retrieved April 6, 2018.
  2. 1 2 "The Role of the Endangered Species Act and U.S. Fish and Wildlife Service in the Recovery of the Peregrine Falcon". U.S. Fish and Wildlife Service. Retrieved April 6, 2018.
  3. "NATIONAL WILDLIFE REFUGE SYSTEM ADMINISTRATION ACT OF 1966 [Public Law 89–669, Approved Oct. 15, 1966, 80 Stat. 927][As Amended Through P.L. 105–213, Enacted October 30, 1998]" (PDF). U.S. House of Representatives. Retrieved April 6, 2018.
  4. "Endangered Species Act - A History of the Endangered Species Act of 1973 - Timeline". U.S. Fish and Wildlife Service. Retrieved April 6, 2018.
  5. 1 2 Rinde, Meir (2017). "Richard Nixon and the Rise of American Environmentalism". Distillations. 3 (1): 16–29. Retrieved April 4, 2018.
  6. "History of the United States Endangered Species Act". Florida Museum. Retrieved April 6, 2018.
  7. "What is CITES?". Convention on International Trade in Endangered Species of Wild Fauna and Flora. Archived from the original on December 19, 2008. Retrieved April 6, 2018.
  8. "Richard Nixon 374 - Statement on Signing the Endangered Species Act of 1973". The American Presidency Project. December 28, 1973. Retrieved April 6, 2018.