This was one of the first federal wildlife laws, passed to outlaw interstate traffic in birds and other animals illegally killed in their state of origin. The Lacey act has been ammended several times and its coverage expanded to include wildlife taken in violation of foreign law as well as state law. The Lacey Act Ammendments of 1981 combine the Lacey and Black Bass Acts into a single comprehensive statute to provide more effective enforcement of state, federal, Indian tribal, and foreign conservation laws protecting fish, wildlife, and rare plants. The act gives authority, in addition to CFR regulations, to park superintendents and the US Attorney to prosecute criminal or civil violations involving the taking of wildlife, fish, and rare plants in park units.
Fish and Wildlife Coordination Act of 1958 (FWCA) (PL 85-624; 16 U.S.C. 661-667d)
The purpose of the Act is to recognize the contribution of wildlife resources to the Nation, the increasing public interest and significance thereof due to expansion of our national economy and other factors, and to provide that wildlife conservation receives equal consideration and be coordinated with other features of water-resources development programs (16 U.S.C. 661). The terms "wildlife" and "wildlife resources", as used in this Act, "include birds, fishes, mammals and all other classes of wild animals and all types of aquatic and land vegetation upon which wildlife is dependent" (16 U.S.C. 666(b)). The Secretary of the Interior, through the U.S. Fish and Wildlife Service (USFWS) is authorized to assist and cooperate with Federal, state and public or private agencies and organizations in the conservation and rehabilitation of wildlife.
Marine Mammal Protection Act of 1972 (PL 92-522;16 USC 1361-1407)
This Act establishes a moratorium on the taking and importation of marine mammals and marine mammal products, with exceptions for scientific research, allowable incidental taking, exemptions for subsistence activities by Alaskan natives and hardship exemptions (16 U.S.C. 1371).
Endangered Species Act of 1973 (ESA) (PL 93-205; 16 U.S.C. 1531 et seq.)
The ESA broadened federal authority to protect all "threatened" and "endangered" species. The Fish and Wildlife Service is the implementing agency. Coordination among all federal agencies is required. The ESA also works in conjunction with state endangered species programs.
The ESA:
· Closes down the U.S. market for endangered species.
· Section 9 of the ESA prohibits the "take" of endangered species "Take" is defined in the ESA as: to hunt, shoot, wound, capture, trap, pursue, harm or collect, or to engage in any such conduct relative to listed species. The FWS has further defined the term 'harm' to mean habitat modification if it impairs essential behavioral patterns, i.e. breeding, feeding and sheltering.
· Endangered: any species which is in danger of extinction throughout all or a significant portion of its range.
· Threatened: any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.
· Critical habitat: Habitat approved in the Federal Register as critical habitat under section 4 of the ESA. (1) The specific areas within the geographical area occupied by the species at the time it is listed, on which are found those physical or biological features (a) essential to the conservation of the species and (b) which may require special management or protection. (2) Specific areas outside the geographical area occupied by the species at the time it is listed that are considered essential to the conservation of the species.
· Habitat Conservation Plan (HCP): A comprehensive planning document that is a mandatory component of an incidental take permit pursuant to section 10(a)(2) of the ESA.
Fish and Wildlife Conservation Act of 1980 (16 USC 2901-2911)
This Act declares that fish and wildlife are of ecological, educational, esthetic, cultural, recreational, economic and scientific value to the Nation. The Act acknowledges that historically, fish and wildlife conservation programs have focused on more recreationally and commercially important species within any particular ecosystem, with out provisions for the conservation and management of non-game fish and wildlife. The purposes of this Act are to encourage all Federal departments and agencies to utilize their statutory and administrative authority, to the maximum extent practicable and consistent with each agency's statutory responsibilities, to conserve and to promote conservation of non-game fish and wildlife and their habitats, in furtherance of the provisions of this chapter, and to provide financial and technical assistance to States to conduct inventories and conservation plans for conservation of non-game wildlife (16 U.S.C. 2901(b)). The Act defines "fish and wildlife" as "wild vertebrate animals in an unconfined state, including, but not limited to, nongame fish and wildlife," and "nongame fish and wildlife" as wild vertebrate animals in an unconfined state, that are not ordinarily taken for sport, fur or food, not listed as endangered or threatened species, and not marine mammals within the meaning of 16 U.S.C. 1362(5). (16 U.S.C. 2902 (6) (A), (B), (C)).
Salmon and Steelhead Conservation and Enhancement Act of 1980 (PL 96-561; 16 USC 3301 et seq.)
The purpose of this act is to provide for the enhancement and conservation of the salmon and steelhead resources of the US. The act provides for the development and implementation of salmon ans steelhead management and enhancement plans.
Migratory Bird Conservation Act (16 USC 715 et seq.)
The purpose of this act is to aid in the resporation of scarce or extinct species and to regulate the introduction of American or foreign birds or other animals.
Endangered and Threatened Wildlife and Plants (50 CFR 17.11 and 17.12)
Bald and Golden Eagles Protection Act (16 USC 668 et seq.)
This statute prohibits taking, possession, and trade in bald and golden eagles. The act provides federal protection for bald and golden eagles; provides for civil or criminal penalties for violations and a reward for informers; authorizes cancellation of grazing, leases, licenses, permits, or other agreements for violations; and provides for the possession and transport of golden eagles for falconry, under certain conditions.
Executive Order 12962 - Recreational Fisheries
