Endangered Species: Related Statutes

Statute by categorysort descending Citation Summary
MO - Endangered Species - Chapter 252. Department of Conservation--Fish and Game. V.A.M.S. 252.020, 252.235, 252.240 This Missouri statute provides that the importation, transportation, or sale of any endangered species of fish or wildlife, or hides or other parts thereof, or the sale or possession with intent to sell any article made in whole or in part from the skin, hide or other parts of any endangered species of fish or wildlife is prohibited. Violation of the statute constitutes a Class B misdemeanor.
MS - Endangered Species - Chapter 5. Nongame and Endangered Species Conservation Act Miss. Code Ann. § 49-5-101 to 49-5-119 These Mississippi statutes provide the short title for the Nongame and Endangered Species Conservation Act, the definitions for the Act, the legislative findings, and the associated regulations of the Act. Violations under the Act may incur up to a $1,000 fine and/or one-year term of imprisonment as well as equipment confiscation.
MT - Endangered Species - Chapter 5. Wildlife Protection. MCA 87-5-101 to 87-5-132 These Montana statutes provide the short title for the Nongame and Endangered Species Conservation Act, the definitions associated with the Act, and the legislative policy behind the Act.
NC - Endangered Species - Subchapter IV. Conservation of Marine and Estuarine and Wildlife Resources. Article 25. Endangered an N.C.G.S.A. § 113-331 to 113-350 This North Carolina statutory section comprises the state's endangered species provisions. Endangered species is defined as any native or once-native species of wild animal whose continued existence as a viable component of the State's fauna is determined by the Wildlife Resources Commission to be in jeopardy or any species of wild animal determined to be an "endangered species" pursuant to the Endangered Species Act. The statute empowers the Wildlife Resources Commission to list species and also outlines the criteria for listing.
ND - Endangered Species - Chapter 20.1-09. Propagation of Protected Birds and Animals NDCC 20.1-01-021 - 02, NDCC 20.1-09-01 - 05 These North Dakota statutes provide a state definition for endangered species as well as laws relating to possession and propagation of protected animals.
NE - Endangered Species - Article 8. Nongame and Endangered Species Conservation Act Neb. Rev. St. § 37-801 to 811 These statutes comprise the Nebraska Nongame and Endangered Species Conservation Act. Included are the definitions used in the Act, the legislative intent behind the Act, and the duty of the commission that oversees the Act. Violation of the Act constitutes a Class II misdemeanor.
NH - Endangered - Chapter 212-A. Endangered Species Conservation Act N.H. Rev. Stat. § 212-A:1 to 212-A:16 These New Hampshire statutes outline the Endangered Species Conservation Act. The definitions of the terms used in the Act are described especially with regard to what constitutes endangered and threatened species. Violation of the Act is accomplished by taking a protected species and incurs a misdemeanor penalty.
Nigeria - Endangered Species - Endangered Species Act (in English) Decree No. 11 of 1985 The hunting or capture of or trade in animal species listed in the First Schedule to this Act is absolutely prohibited. Furthermore, no person shall hunt, capture, trade in or otherwise deal with an animal species specified in the Second Schedule to this Act except if that person is in possession of a license issued under this Act. The act also sets out the conditions of licenses and permits. The Minister may by an order publish in the Federal Gazette alter the list of animals specified in the First or Second Schedule to this Act by way of addition, substitution or deletion or otherwise. Penalties for violations are also provided.
NJ - Endangered - Chapter 2A. Wildlife Generally NJSA 23:2A-1 to 23:2A-1:16 These statutes comprise the New Jersey Endangered and Nongame Species Conservation Act. The definitions used in the Act are described as well as the rules for listing species, the powers and duties of the supervising department, and the designation of funding.  Under the statute, violation of the Act incurs a civil penalty of $250-5,000. In 2014, provisions were added for the prohibition on import, sale, or purchase of ivory products. In 2018, a law was added that prohibits a person from using a wild or exotic animal in a traveling animal act.
NM - Endangered Species - Chapter 17. Game and Fish and Outdoor Recreation. N. M. S. A. 1978, § 17-2-37 to 17-2-46 These statutes comprise the New Mexico Wildlife Conservation Act. Included in the provisions are definitions related to the statute, legislative policies, and regulations for listing or delisting species. Violation of the Act constitutes a misdemeanor and can incur a penalty from $50 - 1,000 depending on the categorization of the species taken.
NV - Endangered Species - Protection and Propagation of Native Fauna (Chapter 503) N. R. S. 503.584 - 503.589 These statutes provide that the Legislature of Nevada has an interest in protecting native species from extinction and sets forth the authority to establish programs to protect designated species. However, if a native species is found to be destructive under the statute, the statute provides for removal if appropriate. Under statute, the ultimate responsibility for management rests with the governor for reviewing state programs and entering into interstate and federal agreements.
NY - Endangered Species - Chapter 43-B. Of the Consolidated Laws. N.Y. Envtl. Conserv. Law § 11-0535 The New York code for endangered species defines endangered species as any species which meets one of the following criteria: native species in imminent danger of extirpation or extinction in New York; or species listed as endangered by the United States Department of the Interior in the Code of Federal Regulations (50 CFR part 17).
NY - Enforcement, Conservation - Article 71. Enforcement. McKinney's ECL § 71-0101 to 71-0927 This set of statutes outlines the procedures and penalties for violations of New York's Environmental Conservation Law.
NY - Exotic - Chapter 43-B. Of the Consolidated Laws. McKinney's E. C. L. § 11-0501 to 11-0540 This set of New York statutes provides some of the state's fish and wildlife laws. Among the provisions include a prohibition against interference with wildlife, restriction on the possession and importation of certain wildlife such as wolves, wolfdogs, coyotes, coydogs, foxes, skunks, and venomous reptiles, and laws that allows individuals to take destructive wildlife. No person shall knowingly possess, harbor, sell, barter, transfer, exchange or import any wild animal for use as a pet in New York state, except that any person who possessed a wild animal for use as a pet at the time that this section went effect may retain possession of such animal for the remainder of its life.
OH - Endangered Species - Chapter 1531. Division of Wildlife. Propagation and Preservation. R.C. § 1531.25, 1531.26 This Ohio statute provides for a wildlife fund created by tax revenue that is used to monitor and protect non-game and endangered species.  Additionally, revenues in the wildlife fund from sources such as the Bald Eagle License Plate Fund and direct donations may also be used to pay the costs of acquiring, developing, and restoring habitat for bald eagles within this state.
OH - Endangered Species - Chapter 1518. Endangered Species. R.C. § 1518.01 - 1518.99; 1531.25, 1531.99 These Ohio statutes protect both endangered plants and animals as defined by the State of Ohio as well as those species listed on the federal ESA list. Taking of an endangered or threatened animal species constitutes a misdemeanor and the person is required upon pleading guilty to the offense, in addition to any fine, term of imprisonment, seizure, and forfeiture imposed, to make restitution for the minimum value of the wild animal illegally held, taken, or possessed. Notably, if the aggregate value of the animal(s) taken exceeds $1,000, a person is guilty of a felony.
OK - Endangered Species - Part 4. Protected Game 29 Okl. St. Ann. 5-402, 412, 412.1; 29 Okl. St. Ann. § 2-109, 135 Under Oklahoma law, no person may possess, hunt, chase, harass, capture, shoot at, wound or kill, take or attempt to take, trap or attempt to trap any endangered or threatened species or subspecies without specific written permission of the Director. Violation incurs a $100 - 1,000 penalty with up to 30 days in jail.
OK - Wildlife - Part 6. Transportation of Wildlife 29 Okl.St.Ann. § 7-601 - 602 Under these Oklahoma statutes, no common carrier may transport any wildlife or endangered or rare species, with exceptions. A violation could result in a fine of $25 to $100. In addition, no person may transport into or out of Oklahoma any wildlife or parts thereof, nests of wildlife, their eggs or their young, or any endangered or threatened species, with exceptions. A violation could result in a fine of $50 to $200, and/or imprisonment of 10 to 60 days.
OR - Endangered Species - Chapter 496. Application, Administration and Enforcement of Wildlife Laws. O. R. S. § 496.171 - 996; 498.026 These Oregon statutes set out the definitions and rules relating to the Oregon endangered species laws. Specifically, Oregon law provides rules for listing based on the federal ESA list as well as the state criteria. Violation of the law constitutes a Class A misdemeanor with an enhanced felony provision for subsequent convictions involving certain species (i.e., taking of game fish with a total value of $200 or more or the taking of antelope, black bear, cougar, deer, elk, moose, mountain goat or mountain sheep in violation of the wildlife laws) within a ten-year period.
OR - Initiatives - Measure 100, Save Endangered Animals (2016) Measure 100 (2016) Official Summary: Existing Oregon law does not prohibit sale of wildlife parts/products for non native species, except shark fins. Existing federal law does not prohibit intrastate sales of wildlife parts, with exceptions. Measure amends ORS 498.022 to prohibit purchase, sale, or possession with intent to sell of parts/products from elephant, rhinoceros, whale, tiger, lion, leopard, cheetah, jaguar, pangolin, sea turtle, shark, ray. Imposes civil penalties. Creates exceptions: law enforcement activities; activities authorized by federal law; fish managed under federal plan; certain antiques (over l00 years old) and musical instruments with less than 200 grams of parts; noncommercial transfers through estates, trusts, gifts; possession by tribal members. Other exceptions. Fish and Wildlife Commission may adopt rules, including prohibiting purchase/sale of parts "closely" resembling listed species parts. A "Yes" vote prohibits purchase/sale of parts/products from certain wildlife species; exceptions for specified activities, gift/inheritances, and certain antiques/musical instruments; civil penalties. A "No" vote maintains current Oregon law which does not prohibit purchase or sale of parts or products from species not native to Oregon, except for shark fins.
PA - Endangered Species - Chapter 104. Wild Resource Conservation 34 Pa.C.S.A. § 2167; 34 Pa.C.S.A. § 2924; 34 Pa.C.S.A. § 925; 32 P.S. §§ 5301 - 14 This set of Pennsylvania laws comprises the state's endangered species provisions. Section 2167 makes it unlawful for any person to bring into or remove from this Commonwealth, or to possess, transport, capture or kill, or attempt, aid, abet or conspire to capture or kill, any wild bird or wild animal, or any part thereof, or the eggs of any wild bird, which are endangered or threatened species. It is the duty of every officer having authority to enforce this title to seize all wild birds or wild animals, or any part thereof, or the eggs of any wild bird, which have been declared endangered or threatened. Any commerce in endangered species is also prohibited. For a first violation, a person may have his or her hunting privileges revoked for 7 years. A second violation during that period may result in forfeiture of the privilege to hunt for 10 years. A third violation brings the forfeiture to 15 years.
RI - Endangered Species - Chapter 37. Endangered Species of Animals and Plants. Gen. Laws, 1956, § 20-37-1 to 5 These Rhode Island statutes set out the legislative policy and definitions related to state endangered species law, including the definition of "animal" and what constitutes an "endangered species." By statute commerce is strictly prohibited, as it it illegal to "buy, sell, offer for sale, store, transport, import, export, or otherwise traffic in any animal or plant or any part of any animal or plant whether living, dead, processed, manufactured, preserved, or raw if the animal or plant has been declared to be an endangered species by either the United States secretaries of the interior or commerce or the director of the Rhode Island department of environmental management." Violation of the Act results in fines from $500-5,000 or up to one year imprisonment, or both.
SC - Endangered Species - Chapter 15. Nongame and Endangered Species Conservation Act Code 1976 § 50-15-10 to 90 These statutes comprise the "South Carolina Nongame and Endangered Species Conservation Act." Included in the provisions are definitions and criteria related to the listing of endangered species. Violation of the provisions constitutes misdemeanors of varying penalties as well as forfeiture of equipment used in the illegal takings.
SC - Wildlife - § 50-1-270. Liability for gross destruction or injury to wildlife, Code 1976 § 50-1-270 This South Carolina statute provides that any person or public or private entity is liable to the State for the unlawful gross destruction of or injury to wildlife, aquatic life, endangered or threatened species, or the lands or waters owned by the State. For a deliberate or grossly negligent act, the State must be awarded damages of three times the value of the resource affected, plus costs, including attorney's fees. This section does not apply to ordinary agricultural practices.
SD - Endangered Species - Chapter 34A-8. Endangered and Threatened Species S D C L § 34A-8-1 - 13; 34A-8A-1 - 9 These South Dakota statutes provide the definitions and regulations related to endangered and threatened species in the state. Under statute, state agencies shall establish and conduct control programs at state expense on private lands that are encroached upon by prairie dogs from contiguous public lands. It is a misdemeanor to take, possess, transport, import, export, process, sell or offer for sale, buy or offer to buy (nor may a common or contract carrier transport or receive for shipment) a listed species as defined by statute.
South Africa - Biodiversity - National Environmental Management No. 10 of 2004: National Environmental Management: Biodiversity Act, 2004. The objectives of this Act are, within the framework of the National Environmental Management Act, to provide for the management and conservation of biological diversity within the Republic and of the components of such biological diversity; to provide for the use of indigenous biological resources in a sustainable manner; and to provide for the fair and equitable sharing among stakeholders of benefits arising from bioprosgecting involving indigenous biological resources. Other objecitves of this Act are to give effect to ratified international agreements relating to biodiversity which are binding on the Republic; to provide for co-operative governance in biodiversity management and conservation; and to provide for a South African National Biodiversity Institute to assist in achieving the objectives of this Act.
South Africa - Endangered Species - List of Endangered Species This is the published list of all the critically endangered, endangered, vulnerable and protected species under South Africa's National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004).
South Africa - Protected Areas Act - National Environmental Management No. 57 of 2003: National Environmental Management: Protected Areas Act, 2003. This act is to provide for the protection and conservation of ecologically viable areas representative of South Africa’s biological diversity and its natural landscapes and seascapes; for the establishment of a national register of all national, provincial and local protected areas; for the management of those areas in accordance with national norms and standards; for intergovernmental co-operation and public consultation in matters concerning protected areas; and for matters in connection therewith.
Supreme Decree 004, 2014 - Peru Supreme Decree 004, 2014 - Peru This law approves an updated list of categorization and classification of legally protected endangered wild life species into the following categories; critically endangered, endangered, vulnerable, near threatened, and data deficient. It describes the regulations and prohibitions regarding activities related to endangered species, as well as regulations relating to the export of such animals for cultural or scientific purposes.
TN - Endangered Species - Nongame and Endangered or Threatened Wildlife Species Conservation Act of 1974 T. C. A. § 70-8-101 to 112 These Tennessee statutes comprise the Tennessee Nongame and Endangered or Threatened Wildlife Species Conservation Act of 1974 and includes the legislative intent, definitions, and factors relevant to endangered species investigations. By statute, it is unlawful for any person to take, attempt to take, possess, transport, export, process, sell or offer for sale or ship nongame wildlife, or for any common or contract carrier knowingly to transport or receive for shipment nongame wildlife. Violation constitutes a Class B misdemeanor and incurs warrantless searches and seizure of the wildlife taken and the instrumentalities used in the taking.
TX - Endangered Species - Chapter 68. Endangered Species V. T. C. A., Parks & Wildlife Code § 68.001 - 021 Texas defines endangered species as those listed on the federal ESA List as well as those designated in the state. No person may capture, trap, take, or kill, or attempt to capture, trap, take, or kill, endangered fish or wildlife nor may he or she possess, sell, distribute, or offer or advertise for sale those species (unless allowed as described in the subchapter). Notably, this chapter excepts from its provisions coyotes, cougars, bobcats, prairie dogs, and red foxes (with no mention as to what occurs in the event they become endangered). Violation of the provisions results in a Class C Parks and Wildlife Code misdemeanor for the first offense, a Class B misdemeanor for the second offense, and a Class A misdemeanor for subsequent offenses.
US - Elephant - African Elephant Conservation Act 16 USC 4201 - 4246 A U.S. federal law that reaffirms the endangered status of African elephants and allocates money toward conservation efforts.
US - Elephant - Asian Elephant Conservation Act 16 USC 4261 - 4266 A U.S. federal law that reaffirms the endangered status of Asian elephants and allocates money toward conservation efforts.
US - Endangered Species - Chapter 35. Endangered Species. 16 USC 1531 - 1544 This is key law at the national level for the listing and protecting of endangered species and their critical habitat. It also implements the US obligations under the treaty CITES.
US - Fisheries - Pelly Amendment (§ 1978) 22 USC 1978 The Pelly Amendment provides restrictions on importation of fishery or wildlife products from countries which violate international fishery or endangered or threatened species programs.
US - Importation - CHAPTER 3. ANIMALS, BIRDS, FISH, AND PLANTS 18 USCS § 42 Under this federal law, no importation of certain listed animals is permitted. Whoever violates this section, or any regulation issued pursuant thereto, shall be fined under this title or imprisoned not more than six months, or both.
US - Rhinoceros - Chapter 73. Rhinoceros and Tiger Conservation. 16 USC 5301 - 5306 The purpose of the Act is to assist in the conservation of rhinoceros and tigers by supporting the conservation programs of nations whose activities affect rhinoceros and tiger populations, as well as those of the Secretariat of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Act also provides financial resources for those programs.
US - Trade - Tariff Act of 1930 19 USCA § 1481 This federal law outlines the requirements for importation invoices.
UT - Endangered Species - Chapter 20. Enforcement--Violations and Penalties U.C.A. 1953 § 23A-5-309 - 314 This Utah statute criminalizes the intentional or reckless abandonment of a carcass or killing of wildlife for pecuniary gain. The statute lists the restitution value of species protected under the code (bald eagles $1,000 and golden eagles $500). Further, the statute proscribes mandatory incarceration for felony convictions (aggregate value of species taken over $500) where the motive of the individual was pecuniary gain.
UT - Wolves - Chapter 29. Wolf Management Act U.C.A. 1953 § 23A-15-101 - 202 (formerly cited as U.C.A. 1953 § 23-29-101 - 102; § 23-29-201 - 202) Under the Utah Wolf Management Act, the division shall manage wolves to prevent the establishment of a viable pack in all areas of the state where the wolf is not listed as threatened or endangered under the Endangered Species Act until the wolf is completely delisted under the act and removed from federal control in the entire state.
VA - Endangered Species - Article 6. Endangered Species. Va. Code Ann. §§ 29.1-563 - 570 The taking, transportation, possession, sale, or offer for sale within the Commonwealth of any fish or wildlife appearing on any list of threatened or endangered species published by the United States Secretary of the Interior pursuant to the provisions of the federal Endangered Species Act of 1973 (P.L. 93-205), or any modifications or amendments thereto, is prohibited except as provided in § 29.1-568. Interestingly, the state mandates that anyone who keeps a non-native or exotic reptile must keep the reptile so as to prevent it from running-at-large or escaping.  Violation of this provision is a Class 2 misdemeanor.
VT - Endangered Species - Chapter 123. Protection of Endangered Species 10 V.S.A. § 5401 - 10 These Vermont statutes set out the state's endangered species provisions, including the related definitions, rules for listing species, and regulations for establishing the committees. Violation of the provisions against taking incur criminal enforcement and restitution. Interestingly, there is a provision that provides for the location of listed endangered species to be kept confidential.
VT - Endangered wildlife - Chapter 124. Trade in Covered Animal Parts or Products 10 V.S.A. § 5501 - 5508 This Vermont chapter, enacted in 2022, relates to the trade in certain animal products. Under the law, a person shall not purchase, sell, offer for sale, or possess with intent to sell any item that the person knows or should know is a covered animal part or product. A covered animal part includes certain big cat species, elephants, giraffes, hippopotamuses, mammoths, mastodons, pangolins, endangered rays, rhinoceroses, sea turtles, endangered sharks, certain whales, and certain ape species. Exceptions exist for activities authorized under federal law, parts with "antique status" as defined, among others. For a first offense, a person shall be assessed an administrative penalty of not more than $1,000.00 nor less than $400.00.
WA - Endangered Species - Chapter 77.15. Fish and Wildlife Enforcement Code West's RCWA 77.15.120, 130, 135, 410, 420, 425, 430 Under Washington endangered species provisions, a person is guilty of unlawful taking of endangered fish or wildlife in the second degree if person hunts for, fishes for, possesses, maliciously harasses, or kills fish or wildlife, or possesses or intentionally destroys the nests or eggs of fish or wildlife; the fish or wildlife is designated by the commission as endangered; and the taking of the fish or wildlife or the destruction of the nests or eggs has not been authorized. Additionally, a person is guilty of unlawful taking of endangered fish or wildlife in the first degree if the person has been previously convicted under the above provision within a five-year time period. Once convicted of unlawful taking of endangered fish or wildlife in the first degree (a class C felony), any licenses or tags used in connection with the crime are revoked and the person's privileges to hunt, fish, trap, or obtain licenses under this title are suspended for two years.
WA - Orca - 77.15.740. Protection of southern resident orca whales--Penalty West's RCWA 77.15.740 Under this Washington statute, it is unlawful to feed, intercept, or approach within three hundred feet of a southern resident orca whale, with exceptions. A violation is a natural resource infraction and carries a fine of five hundred dollars, not including statutory assessments added pursuant to RCW 3.62.090.
WI - Endangered Species - 29.604. Endangered and threatened species protected W. S. A. 29.604, 29.977, 29.983 This Wisconsin statute embodies the legislative view that certain wild animals and wild plants are endangered or threatened and are entitled to preservation and protection as a matter of general state concern. Violation of the Act with regard to protected animal species may result in a $500-2,000 for a taking, and a $2,000-5,000 fine with 9 months imprisonment for an intentional taking. Both incur the suspension of hunting license privileges. Incidental takings may be allowed through permit if steps are taken to establish and file a "conservation plan."
WV - Hunting - § 20-2-5a. Forfeiture by person causing injury, death or destruction W. Va. Code, § 20-2-5a Under this statute, defendants must pay an additional monetary penalty in the form of a "replacement cost" for the unlawful killing of certain listed species ($5,000 for each bald or golden eagle killed). If two defendants were implicated in the killing, each must pay the full penalty.

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