Endangered Species

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Titlesort descending Summary
Tiger Conservation in a "Globalized" World: Tying Humans, Forests, and Tigers Together


This Paper will discuss the current trends in tiger conservation and management. Part I will discuss the statutory protections afforded to tigers in India’s Wildlife Protection Act and the operation of CITES. Part II will cover the primary reasons for renewed concern over the fate of the tiger, focusing on the demand for Asian medicines and other tiger derivatives. This Part will also discuss the current state of conservation efforts in India, focusing on how nearby rural villages have been affected by the establishment of the tiger reserves and wildlife conservation areas in India. Finally, Part III will propose some ways to begin to curb some of the demand in the international tiger derivative market and to improve community involvement and enforcement of India’s current regulations, as well as exploring potential avenues for strengthening aid efforts from and within the United States.

TN - Endangered Species - Nongame and Endangered or Threatened Wildlife Species Conservation Act of 1974 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.
Toward Reconciling Environmental and Animal Ethics: Northeast Wolf Reintroduction
Turtle Island Restoration Project v. U.S. Department of Commerce


Environmental Groups sued the National Fisheries Service (NMFS) and the United States Department of Commerce for making regulations which allowed swordfish longline fishing along the Hawaii coast, alleging violations of the National Environmental Policy Act (NEPA), the Migratory Bird Treaty Act (MBTA), and the Endangered Species Act (ESA). The Court found that because the regulations were made under the Magnuson-Stevens Fishery Conservation and Management Act of 1976 (Magnuson Act), and because that Act had a 30-day time limit for when challenges to regulations could be made, the environmental groups has not brought their challenge to the regulations in time.

TX - Endangered Species - Chapter 68. Endangered Species 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.
U.S. IVORY TRADE: CAN A CRACKDOWN ON TRAFFICKING SAVE THE LAST TITAN?
U.S. v. 3,210 crusted sides of Caiman crocodilus yacare


The plaintiff, the United States of America, seeks forfeiture of the defendant, 10,870 crusted sides of Caiman crocodilus yacare, an endangered species of wildlife (hides) transported from Bolivia to the U.S. in violation of the Lacey Act, among other statutes.  The court found that the testimony concerning the shrinkage of the crocodile hides during tanning did not meet the buren of the claimed owners showing by a preponderance of the evidence that the hides, which were shipped from Bolivia under the size limit imposed by Bolivian law, were not subject to the forfeiture provisions of the Lacey Act, 16 U.S.C. § 3374(a)(1) (1985).  The provision of the Lacey Act at issue prohibits the interstate or foreign commerce of any wildlife taken in violation of any foreign law. 

U.S. v. Crutchfield


The court reversed the district court's judgment of convictions against defendants for the illegal importation and the intent to sell iguanas in the United States because of prosecutorial misconduct. The court held that the prosecutor wasted valuable money in pursuing irrelevant testimony, and improperly questioned defendants and their witnesses after repeated warnings from the district court judge.

U.S. v. Doyle


Doyle is a physician who lives in Texas and runs a bird rehabilitation center where he breeds captive falcons, hoping to reintroduce them.  Here, the evidence was sufficient to sustain a conviction for violation of the Lacey Act making it unlawful for any person to possess and transport in interstate commerce any wildlife taken or transported in violation of any state law (Montana).  Although defendant obtained proper state permits to possess and transfer described falcons, defendant was aware that the falcons' origins had been misrepresented; therefore, defendant has sufficient knowledge under the statute.

U.S. v. Guthrie


The court affirmed the decision of the district court which convicted defendant of violations of the Lacey Act (Act) and the Endangered Species Act. The court held that the Act was not unconstitutional, that defendant was not permitted to collaterally challenge an agency regulation on the grounds of new scientific evidence, and that the Secretary of the Interior's finding that the turtle was a valid species was not arbitrary.

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