Wildlife Protection in the United States

Federal legislation protecting wildlife

The Endangered Species Act (ESA) implements international agreements designed to conserve, to the extent practicable, the various species of fish, wildlife, and plants facing extinction. The Endangered Species Act provides a means whereby the ecosystems upon which endangered species and threatened species depend may be conserved and provides a program for the conservation of “endangered” and “threatened” species. (16 U.S.C. § 1531(b).) More than 1,500 species have been identified as endangered or threatened by the departments of the Interior and Commerce. (50 C.F.R. § 17.11-12, 17.95-96.)

Endangered species are species that are in danger of extinction throughout all, or a significant part, of their range; threatened species are species that are likely to become endangered in the foreseeable future. (16 U.S.C. § 1532.) Pursuant to the ESA, it is unlawful for any person subject to the jurisdiction of the United States to “take,” import, sell, or ship endangered or threatened wildlife. (16 U.S.C. §§ 1538 and 1540.) (Taking includes conduct other than killing such as harassing, harming, and pursuing.)

Eagle Protection

The Bald and Golden Eagle Protection Act (BGEPA) addresses the importance of the bald eagle as a symbol of America. (Pub. L. 86-70 § 1, 54 Stat 250 (1940).) Like the Endangered Species Act (which was enacted more than 30 years after the BGEPA), the BGEPA provides a program for the conservation of bald and golden eagles. Pursuant to the BGEPA, it is unlawful to take, possess, or sell any bald or golden eagle or any part, nest or egg, except pursuant to a permit or regulation. (16 U.S.C. § 668.)

Migratory Bird Treaty

The Migratory Bird Treaty Act (MBTA) implements a 1916 treaty between the United States and Great Britain (on behalf of Canada) — and later to include Mexico, Japan, and Russia — that protects migratory birds. (16 U.S.C. § 703.) Pursuant to the MBTA, it is unlawful to take, import, export, sell, or ship any migratory bird without first receiving a permit. (16 U.S.C. § 707.) Migratory bird hunting regulations establish designated hunting seasons and place limits on the number of birds taken. Protected birds include various groups of waterfowl, cranes, rails, shorebirds, and song birds. (50 C.F.R. §§ 10.13 and 20.11.)

The Lacey Act is used to control the smuggling and trade in illegally taken fish and wildlife. It also regulates the transportation of live wildlife, requiring that animals be transported into the United States under humane and healthful conditions. Enacted in 1900, the Lacey Act prohibits the import, export, transportation, sale, acquisition, receipt, or purchase of wildlife taken, possessed, transported, or sold in violation of U.S., State, tribal, or foreign law. (16 U.S.C. § 3372.)

Executive Order

Executive Order in relation with Combating Wildlife Trafficking (July 01, 2013):

“By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to address the significant effects of wildlife trafficking on the national interests of the United States, I hereby order as follows:

Section 1. Policy. The poaching of protected species and the illegal trade in wildlife and their derivative parts and products (together known as “wildlife trafficking”) represent an international crisis that continues to escalate. Poaching operations have expanded beyond small-scale, opportunistic actions to coordinated slaughter commissioned by armed and organized criminal syndicates. The survival of protected wildlife species such as elephants, rhinos, great apes, tigers, sharks, tuna, and turtles has beneficial economic, social, and environmental impacts that are important to all nations. Wildlife trafficking reduces those benefits while generating billions of dollars in illicit revenues each year, contributing to the illegal economy, fueling instability, and undermining security. Also, the prevention of trafficking of live animals helps us control the spread of emerging infectious diseases. For these reasons, it is in the national interest of the United States to combat wildlife trafficking.

In order to enhance domestic efforts to combat wildlife trafficking, to assist foreign nations in building capacity to combat wildlife trafficking, and to assist in combating transnational organized crime, executive departments and agencies (agencies) shall take all appropriate actions within their authority, including the promulgation of rules and regulations and the provision of technical and financial assistance, to combat wildlife trafficking in accordance with the following objectives:

(a) in appropriate cases, the United States shall seek to assist those governments in anti-wildlife trafficking activities when requested by foreign nations experiencing trafficking of protected wildlife;

(b) the United States shall promote and encourage the development and enforcement by foreign nations of effective laws to prohibit the illegal taking of, and trade in, these species and to prosecute those who engage in wildlife trafficking, including by building capacity;

(c) in concert with the international community and partner organizations, the United States shall seek to combat wildlife trafficking; and

(d) the United States shall seek to reduce the demand for illegally traded wildlife, both at home and abroad, while allowing legal and legitimate commerce involving wildlife.

Sec. 2. Establishment. There is established a Presidential Task Force on Wildlife Trafficking (Task Force), to be co-chaired by the Secretary of State, Secretary of the Interior, and the Attorney General (Co-Chairs), or their designees, who shall report to the President through the National Security Advisor. The Task Force shall develop and implement a National Strategy for Combating Wildlife Trafficking in accordance with the objectives outlined in section 1 of this order, consistent with section 4 of this order.

Sec. 3. Membership. (a) In addition to the Co-Chairs, the Task Force shall include designated senior-level representatives from:

(i) the Department of the Treasury;

(ii) the Department of Defense;

(iii) the Department of Agriculture;

(iv) the Department of Commerce;

(v) the Department of Transportation;

(vi) the Department of Homeland Security;

(vii) the United States Agency for International Development;

(viii) the Office of the Director of National Intelligence;

(ix) the National Security Staff;

(x) the Domestic Policy Council;

(xi) the Council on Environmental Quality;

(xii) the Office of Science and Technology Policy;

(xiii) the Office of Management and Budget;

(xiv) the Office of the United States Trade Representative; and

(xv) such agencies and offices as the Co-Chairs may, from time to time, designate.

(b) The Task Force shall meet not later than 60 days from the date of this order and periodically thereafter.

Sec. 4. Functions. Consistent with the authorities and responsibilities of member agencies, the Task Force shall perform the following functions:

(a) not later than 180 days after the date of this order, produce a National Strategy for Combating Wildlife Trafficking that shall include consideration of issues relating to combating trafficking and curbing consumer demand, including:

(i) effective support for anti-poaching activities;

(ii) coordinating regional law enforcement efforts;

(iii) developing and supporting effective legal enforcement mechanisms; and

(iv) developing strategies to reduce illicit trade and reduce consumer demand for trade in protected species;

(b) not later than 90 days from the date of this order, review the Strategy to Combat Transnational Organized Crime of July 19, 2011, and, if appropriate, make recommendations regarding the inclusion of crime related to wildlife trafficking as an implementation element for the Federal Government’s transnational organized crime strategy;

(c) coordinate efforts among and consult with agencies, as appropriate and consistent with the Department of State’s foreign affairs role, regarding work with foreign nations and international bodies that monitor and aid in enforcement against crime related to wildlife trafficking; and

(d) carry out other functions necessary to implement this order.

Sec. 5. Advisory Council on Wildlife Trafficking. Not later than 180 days from the date of this order, the Secretary of the Interior (Secretary), in consultation with the other Co-Chairs of the Task Force, shall establish an Advisory Council on Wildlife Trafficking (Advisory Council) that shall make recommendations to the Task Force and provide it with ongoing advice and assistance. The Advisory Council shall have eight members, one of whom shall be designated by the Secretary as the Chair. Members shall not be employees of the Federal Government and shall include knowledgeable individuals from the private sector, former governmental officials, representatives of nongovernmental organizations, and others who are in a position to provide expertise and support to the Task Force.”