Take (hunting)

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In hunting, take or taking is a term used in the United States to refer to any action that adversely affects a species, particularly killing individuals of that species, as outlined by the United States Endangered Species Act of 1973. Although "taking" most commonly refers to the act of killing animals in a hunting context, its definition can also extend to include harassing, harming, pursuing, hunting, shooting, wounding, trapping, capturing, and collecting any plant or animal (or attempting to do so). [1] The definition of take can also further extend to comprise the indirect harming of a species via modification of its habitat (see below§ Legal Definition of Take).

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Taking species of plants or animals is generally regulated and may be prohibited by law depending on the conservation status of the species, geographic area, and/or time of year.

In the 1995 United States Supreme Court case Babbitt v. Sweet Home Chapter of Communities for a Great Oregon , the interpretation of the word harm within the definition of take as outlined by the Endangered Species Act of 1973 was called into question. The Court ruled that the word harm–and therefore the word take–can entail "significant habitat modification or degradation where it actually kills or injures wildlife." [2] Because of this, precedent holds that in the United States, any habitat modification that results in adverse effects on a species constitutes a take, and thus, any take of a protected species that occurs in this way would be unlawful under the Endangered Species Act of 1973.

Endangered species

In the United States, the Endangered Species Act of 1973 prohibits taking of any species that it lists as protected. [3] Those who violate this law by illegally taking listed species are subject to fines and other legal penalties. In some cases, so called "incidental takes" (as in an unintended, but not unexpected take [4] ) may be exempt from these penalties. For example, Safe Harbor Agreements (wherein landowners commit to maintaining or enhancing habitat for a protected species) excuse participants from legal penalties for any incidental takes that may occur. [5]

Game animals

Taking of game is also subject to regulation independent of the conservation status of the species. In the United States, each state designates its own hunting season, during which time the taking of certain game animals is permitted. Furthermore, some states, such as California, also designate certain zones with independent and unique open season dates. [6] Taking of game outside of the state-designated hunting season or hunting grounds is legally prohibited.

States may also designate which methods and equipment are and are not legally permissible for taking game, such as listing the approved firearms for hunting or prohibiting the taking of juveniles of a species. [7]

In the case of species that frequently cross state borders (such as migratory waterfowl), taking is regulated by the United States Fish and Wildlife Service rather than the corresponding state agency. [8]

Public opinion

Taking of game is generally a divisive topic, with levels of support and opposition varying significantly depending on the region of the world. For example, the United States generally has higher support for hunting and/or taking of game relative to other nations such as the United Kingdom. There are myriad factors that contribute to the vast differences in cultural attitudes towards taking of game observed around the world.

In general, animal rights activists oppose hunting and the taking of game due to animal welfare concerns, and such detractors often support anti-hunting legislation or engage in civil disobedience. [9] Many proponents of hunting argue, however, that taking game is humane and benefits the environment by managing wildlife populations. [10]

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The United States Fish and Wildlife Service is an agency within the United States Department of the Interior dedicated to the management of fish, wildlife, and natural habitats. 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">National Wildlife Refuge</span> United States protected area designation

National Wildlife RefugeSystem (NWRS) is a system of protected areas of the United States managed by the United States Fish and Wildlife Service (FWS), an agency within the Department of the Interior. The National Wildlife Refuge System is the system of public lands and waters set aside to conserve America's fish, wildlife, and plants. Since President Theodore Roosevelt designated Florida's Pelican Island National Wildlife Refuge as the first wildlife refuge in 1903, the system has grown to over 568 national wildlife refuges and 38 wetland management districts encompassing about 856,000,000 acres (3,464,109 km2).

<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. §§ 703–712, 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">Wildlife conservation</span> Practice of protecting wild plant and animal species and their habitats

Wildlife conservation refers to the practice of protecting wild species and their habitats in order to maintain healthy wildlife species or populations and to restore, protect or enhance natural ecosystems. Major threats to wildlife include habitat destruction, degradation, fragmentation, overexploitation, poaching, pollution, climate change, and the illegal wildlife trade. The IUCN estimates that 42,100 species of the ones assessed are at risk for extinction. Expanding to all existing species, a 2019 UN report on biodiversity put this estimate even higher at a million species. It is also being acknowledged that an increasing number of ecosystems on Earth containing endangered species are disappearing. To address these issues, there have been both national and international governmental efforts to preserve Earth's wildlife. Prominent conservation agreements include the 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the 1992 Convention on Biological Diversity (CBD). There are also numerous nongovernmental organizations (NGO's) dedicated to conservation such as the Nature Conservancy, World Wildlife Fund, the Wild Animal Health Fund and Conservation International.

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

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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 Act of 1969</span>

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<span class="mw-page-title-main">Incidental take permit</span>

An incidental take permit is a permit issued under Section 10 of the United States Endangered Species Act (ESA) to private, non-federal entities undertaking otherwise lawful projects that might result in the take of an endangered or threatened species. Application for an incidental take permit is subject to certain requirements, including preparation by the permit applicant of a conservation plan.

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References

  1. ↑ "Endangered Species Program | Laws & Policies | Endangered Species Act | Section 3 Definitions". www.fws.gov. Retrieved 2021-04-20.
  2. ↑ "Babbitt v. Sweet Home Chapter, Communities for Great Ore., 515 U.S. 687 (1995)". Justia Law. Retrieved 2021-04-20.
  3. ↑ US EPA, OP (2013-02-22). "Summary of the Endangered Species Act". US EPA. Retrieved 2021-04-19.
  4. ↑ Fisheries, NOAA (2019-12-30). "What does take mean under the Endangered Species Act and what is incidental take? | NOAA Fisheries". NOAA. Retrieved 2021-04-19.
  5. ↑ "Endangered Species | For Landowners | Safe Harbor Agreements". www.fws.gov. Retrieved 2021-04-19.
  6. ↑ "Deer Hunting". wildlife.ca.gov. Retrieved 2021-04-19.
  7. ↑ "Taking game". Florida Fish And Wildlife Conservation Commission. Retrieved 2021-04-19.
  8. ↑ "U.S. Fish & Wildlife Service - Migratory Bird Program | Conserving America's Birds". www.fws.gov. Retrieved 2021-04-20.
  9. ↑ "Why Sport Hunting Is Cruel and Unnecessary". PETA. 2003-12-15. Retrieved 2021-04-20.
  10. ↑ Wagner, Greg (2017-08-23). "Why Hunting Is Important • Nebraskaland Magazine". Nebraskaland Magazine. Retrieved 2021-04-20.
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