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VT - Endangered Species - Chapter 123. Protection of Endangered Species |
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. |
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VT - Endangered wildlife - Chapter 124. Trade in Covered Animal Parts or Products |
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. |
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WA - Endangered Species - Chapter 77.15. Fish and Wildlife Enforcement Code |
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. |
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WA - Orca - 77.15.740. Protection of southern resident orca whales--Penalty |
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. |
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Western Watersheds Project v. Dyer |
The plaintiff, Western Watersheds Project (WWP), is an environmental group that brought this lawsuit to ban livestock grazing in certain areas of the Jarbidge Field Office (1.4 million acres of public land managed by the Bureau of Land Management in Idaho and northern Nevada). WWP alleges that continued grazing destroys what little habitat remains for imperiled species like the sage grouse, pygmy rabbit, and slickspot peppergrass (deemed “sensitive species” by the BLM). After ten days of evidentiary hearings, the court found that three sensitive species in the JFO are in serious decline and that livestock grazing is an important factor in that decline. However, the court found that a ban on grazing was not required by law at this point since the Court was "confident" in the BLM's ability to modify the 2009 season in accordance with the Court's interpretation of the existing RMP.
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Western Watersheds Project v. Hall |
Plaintiff Western Watersheds Project filed the instant action challenging the “90-Day Finding” issued by the Defendants United States Fish and Wildlife Service that denied protection of the Interior Mountain Quail as endangered or threatened under the Endangered Species Act. The Service determined that the Petition had failed to provide information demonstrating that the Interior Mountain Quail population is discrete under the ESA. The District Court stated that, in order to qualify as a DPS, a population must “be both discrete and significant.” The court found that the Service's conclusion appropriately determined that this discreteness standard was not met and it provided a rational basis for concluding the Petition had failed to provide evidence of a marked separation between the populations of the same taxon.
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Western Watersheds Project v. Kraayenbrink |
Plaintiff environmental advocacy organization sued the Bureau of Land Management (BLM) for revisions to nationwide grazing regulations for federal lands, arguing that the revisions violated the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), and the Federal Land Policy and Management Act (FLPMA). The Court of Appeals held that BLM violated NEPA by failing to take a “hard look” at the environmental consequences of the proposed changes, and violated the ESA by failing to consult with Fish and Wildlife Service (FWS) before approving the revisions.
Opinion Amended and Superseded on Denial of Rehearing en banc by:
Western Watersheds Project v. Kraayenbrink,
632 F.3d 472 (9th Cir., 2010).
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Western Watersheds Project v. Kraayenbrink |
Plaintiff environmental advocacy organization sued the Bureau of Land Management (BLM) for revisions to nationwide grazing regulations for federal lands. Plaintiff argued that the 2006 Regulations violated the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), and the Federal Land Policy and Management Act (FLPMA). The Court of Appeals found for the plaintiff, holding that BLM violated NEPA by failing to take a “hard look” at the environmental consequences of the proposed regulatory changes. BLM also violated the ESA by failing to consult with Fish and Wildlife Service (FWS) before approving the revisions. The FLPMA claim was remanded.
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Whales |
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Whaling in the Antarctic |
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