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State Endangered Species Chart

Ryan Pellerito (updated by Rebecca Wisch)


Animal Legal & Historical Center
Publish Date:
2002; updated 2008
Place of Publication: Michigan State University College of Law
Printable Version

State Endangered Species Chart

 

Purpose of the ESA Chart

The purpose of the chart below is to provide readers with a quick research guide for state endangered species acts. The chart is broken down columns that provide information regarding state agencies, listing criteria, prohibited acts, penalties, habitat protection, unique provisions, and the current number of endangered animal species. Each state abbreviation is a link to the state's endangered species laws (note that four states (AL, ND, WV, and WY do not have any related laws)). Another purpose of the chart is to allow a user to compare one state’s endangered species act to another. The chart is not an end all resource; it is designed to aim someone in the right direction. It is to be used with other aspects of the Animal Legal and Historical Center website including the Map of State Endangered Species Laws and the Topic Page for the Federal Endangered Species Act

State

(Link to Law)

Agency and Link

List Criteria

Illegal Acts

Penalties

Habitat Protection

Unique Provisions

Number of Animals Listed and link to USFWS TESS database

AL

Department of Conservation and Natural Resources 

 

 

 

 

 

 

99 listings

 

AL species list

 

AK

 

Department of Fish and Game

 

Destruction, drastic modification, severe curtailment of habitat; over-utilization for commercial or sporting purposes; disease or predation; other natural or man-made factors

Harvest, capture, or propagated injures, imports, exports

Misdemeanor

16.20.185 - Land currently under jurisdiction

 

13 listings

 

AK species list

 

 

AZ

 

Arizona Game & Fish

A native Arizona species wildlife whose population has been reduced due to any cause whatsoever to such levels that it is in imminent danger of elimination

Penalties for illegally taking, wounding, killing, or possessing

For each endangered species or trophy animal  unlawfully taken results in $8000 fine

 

 

 37 listings

 

AZ species list

 

AR

 

Game and Fish Commission

 

 

 

 

15-45-304 - Purchase of land for habitat

 

24 listings

 

AR species list

 

CA

 

Resources Agency Department of Fish and Game

 

Petition includes population trend, range, distribution, abundance, life history of a species, ability of a species to survive and reproduce

Import, export, sell, purchase, take, possess

 

Cooperative programs under CA Fish & G 2086

Accidental take provision for farms and ranches (CA Fish & G 2087)

130 listings

 

CA species list

 

CO

 

Division of Wildlife

 

Population, distribution, habitat needs, limiting factors, and other biological and ecological data

Taking, possession, transportation, exportation, processing, sale or offering for sale, or shipment

 

The division shall establish such programs including acquisition of land or aquatic habitat

33-2-105.5-105.7
Reintroduction of species

18 listings

 

CO species list

 

CT

 

Department of Environmental Protection

 

Destruction or modification, of habitat; over-utilization; disease, predation or competition; the inadequacy of existing regulatory mechanisms; other man-made or natural factors

Take, sell, offer for sale, transport, export

Violation of act fined not more than $1000 or imprisoned not more than 6 months or both

The commissioner may acquire for and on behalf of the state, essential habitat, or interests therein

An employer who encourages employees to take endangered species can be fined not more than $10000 or imprisoned not more than 1 year or both

18 listings

 

CT species list

 

DE

 

Division of Fish and Wildlife

 

 

Import, transport, possess, sell, offer for sale

Class A Environmental Misdemeanor

 

7 Del. C.s 602 sale of skins, bodies of certain animals (i.e., polar bear, leopard, red wolf, etc.) prohibited

17 listings

 

DE species list

 

FL

 

Fish and Wildlife Conservation Commission

 

Modification, or loss of habitat; over-utilization for commercial, educational or sporting purposes; disease; predation; inadequate regulatory mechanisms; or other natural or man-made factors

Intentionally kill or wound or intentionally destroy eggs or nest of listed fish or wildlife

Felony of the 3rd degree;
not more than $5000 fine and not more than 5 years imprisonment

 

Endangered and threatened
Species Reward Program (FL ST 372.03)

59 listings

 

FL species list

 

GA

 

Department of Natural Resources

 

Based on department inventory of species found to be rare, unusual or in danger of extinction

 

Misdemeanor

 

 

49 listings

 

GA species list

 

HI

 

Department of Land & Natural Resources - Division of Forestry and Wildlife

 

Destruction, modification,or curtailment of habitat;
over-utilization for commercial, sporting or educational purposes;
disease or predation; inadequate regulatory mechanisms;
other natural or artificial factors

Sell, take, offer for sale, deliver, carry, ship, transport or export

Misdemeanor:

1st offense:  fine of $250/up to 1 year imprisonment

 

2nd offense or subsequent offense w/in 5 years $500/up to 1 year imprisonment

 

Also, fines of $5000 - 10,000 where acts are intentional or reckless

HI ST 195D-21 - Habitat Conservation Plans

Landowner incentive program (HI ST 195D-23)

71 listings

 

HI species list

 

ID

 

Department of Fish and Game

 

 

 

 

 

36-2402-2405
Delisting Advisory Team

18 listings

 

ID species list

 

IL

 

Department of Natural Resources; Illinois Endangered Species Protection Board

 

Destruction, diminution or disturbance of habitat; over-exploitation; predation, pollution or disease; or other manmade or natural factors

Take, transport, possess, sell, offer for sale, give, or otherwise dispose of ; deliver, receive, carry, transport or ship

Class A misdemeanor

IL ST CH 520 10/11 - Acquisition of essential habitat as part of Conservation Program

Forfeiture of any goods from endangered species subject to seizure (IL ST CH 520  10/8)

27 listings

 

IL species list

 

IN

 

Division of Fish and Wildlife

 

Destruction, drastic modification, severe curtailment of habitat; over-utilization for commercial or sporting purposes; disease, pollution, or predation; other man-made or natural factors

Take, possess, export/import, transport, use, sell or offer to sell, process, or ship

Class A misdemeanor

 

IC 14-22-34-16

removal, capture or destruction of endangered species upon good cause to alleviate damage to property or protect human life

27 listings

 

IN species list

 

IA

 

Department of Natural Resources

 

Population, distribution, habitat needs, limiting factors, and other biological and ecological data

Take, possess, transport,  import, export, process, sell or offer to sell, buy or offer to buy, or transport

Simple misdemeanor

IA ST 481B.4 - Acquisition of habitat

Endangered species may be removed or destroyed if a danger to human life or to reduce damage to property (IA ST 481B.8)

14 listings

 

IA species list

 

KS

 

Department of Wildlife and Parks

 

Present or threatened destruction, modification or disturbance of habitat; over-utilization; predation; disease; or other manmade or natural factors

Export, possess, sell, process, offer for sale, deliver, carry, transport or ship

 

The secretary shall establish such programs, including acquisition of land or aquatic habitat

Threatened or endangered species may be captured or destroyed without a permit by any person in an emergency situation involving an immediate and demonstrable threat to human life.

13 listings

 

KS species list

 

KY

 

Department of Fish and Wildlife Resources

 

 

Import, transport, possess, sell, process, offer for sale

Fine of $100 - $500 and imprisonment of not more than 6 mo. or both

 

 

33 listings

 

KY species list

 

LA

 

Department of Wildlife and Fisheries

 

Destruction, modification or curtailment of its habitat or range; overutilization; disease or predation; the inadequacy of existing regulatory mechanisms; or other natural or man-made factors

Taking, possessing, transporting, exporting, processing, selling or offering for sale

Class six violation

The commission may establish such programs, including acquisition of land or aquatic habitat

 

26 listings

 

LA species list

 

ME

Dept. of Inland Fishiers and Wildlife

 

 

Destruction, modification, curtailment of habitat; over-utilization for commercial, sporting or educational use; disease or predation; inadequacy of regulatory mechanisms; other man-made or natural factors affecting existence

Import, export, hunt, take, trap, possess, possess, sell, offer to sell, deliver, carry, transport, ship, feed, set bait, harass,

Class D or E crime depending on activity and whether done negligently or intentionally

The commissioner may establish  programs as are necessary 

including the acquisition of land or aquatic habitat

 In the event of a violation of this subchapter,  the Attorney General may institute injunctive proceedings to enjoin any further violation

 13 listings

 

ME species list

 

MD

 

Department of Natural Resources

 

Destruction, modification, curtailment of habitat; over-utilization for commercial, sporting or educational use; disease or predation; inadequacy of regulatory mechanisms; other man-made or natural factors affecting existence

Take, transport, export, process, sell, offer for sale, or ship

Violation of act is a fine of not more than $1000 or imprisonment of not more than 1 year or both

The Secretary shall establish programs, including acquisition of land or aquatic habitat

 

21 listings

 

MD species list

 

MA

 

Division of Fisheries and Wildlife

 

The current and foreseeable threats to the population or its habitat; the size of the population; the potential benefits of designation; and current and foreseeable uses of the land.

Take, possess, transport, export, process, sell or offer for sale, buy or offer to buy

Taking/possession:  fine not less than $500 dollars, or imprisonment for not more than 90 days or both; 2nd offense fined not less than $5000 and not more than $10,000 or imprisoned for 180 days or both

The director shall designate significant habitats of endangered or threatened species populations

 

22 listings

MA species list

 

MI

 

Department of Natural Resources
Division of Wildlife

 

Population, distribution, habitat needs, limiting factors, other biological and ecological data

Take, possess, transport, import, export, process, sell, offer for sale, buy, offer to buy, receive

Misdemeanor punishable by imprisonment not more than 90 days, fine not more than $1000 or less than $100, or both

The department may establish programs, including acquisition of land or aquatic habitat

Carnivorous animals found on the state list may be removed, captured, or destroyed  in emergency situations involving an immediate threat to human life

15 listings

MI species list

 

MN

Department of Natural Resources

 

 

Take, import, transport, or sell, or sell or possess with intent to sell an article made from the parts of a wild animal

 

MN ST 84.944 - Acquisition of critical habitat

MN ST 97A.245 - Reward for information leading to conviction for endangered species offense.

11 listings

 

MN species list

 

MS

 

Department of Wildlife, Fisheries and Parks (list only - pdf file)

 

Destruction or modification of habitat; over-utilization; disease, pollution, or predation; or other natural or man-made factors

Take, possess, transport, export, process, sell or offer for sale or ship, and for any common or contract carrier knowingly to transport or receive for shipment

Fined $1000 or imprisoned not more than one year or both

MS ST 49-5-111 Habitat acquisition

Equipment, merchandise, wildlife, or records seized shall be held pending disposition of court proceedings, and may be forfeited to the state

38 listings

 

MS species list

 

MO

 

Department of Conservation

 

 

Importing, transporting, selling, or possession of animals or plants

Class B Misdemeanor

 

 

20 listings

 

MO species list

 

MT

 

Fish, Wildlife & Parks

 

Destruction/ drastic modification, of habitat; overutilization; disease, pollution, or predation; other natural or artificial factors

Take, possess, transport, export, process, sell or offer for sale or ship.

Violation is a misdemeanor:
1st conviction $250;
2nd conviction: $500 or 30 days in jail or both;
3 or more: fined not less than $500 nor more than $1000 and jailed not for more than 6 months

87-5-108
The director shall establish such programs, including acquisition of land or aquatic habitat

 

11 listings

 

MT species list

 

NE

 

Nongame and Endangered Species Program

 

Destruction,  modification, severe curtailment of habitat; over-utilization; disease or predation; other man-made or natural factors

Take, possess, process, sell or offer for sale, deliver, carry, transport, ship, or export

Class I misdemeanor

NE ST 37-807 - The commission shall establish such programs, including acquisition of land or aquatic habitat or interests therein

The Nongame and Endangered Species Conservation Act shall not be construed to apply retroactively to or prohibit importation into this state of wildlife or wild plants which may be lawfully imported into the United States or lawfully taken and removed from another state

12 listings

 

NE species list

 

NV

 

Department of Natural Resources

 

Overexploitation, disease or other factors or its habitat is threatened with destruction, drastic modification or severe curtailment

 

 

 

NV ST 503.586 - Translocation or destruction of endangered species found to be destructive

28 listings

 

NV species list

 

NH

 

Fish and Game Department

 

Destruction, modification or curtailment of its habitat or range; overutilization; disease or predation; other natural or man-made factors. However, no species shall be determined as endangered or threatened based solely on rarity of the species

Export, process, take, possess, deliver, carry, transport, ship, sell or offer to sell

Misdemeanor

 

Seizure and forfeiture of wildlife, equipment, records or merchandise seized in enforcement of this act

11 listings

 

NH species list

 

NJ

 

Department of Environmental Protection

 

Destruction, drastic modification, severe curtailment of habitat; over-utilization for commercial or sporting purposes; disease or predation; other man-made or natural factors

Take, possess, transport, export, process, sell or offer for sale, or ship, and no common or contract carrier shall knowingly transport or receive for shipment

23:2A-10 amended in 2008 - provides an extensive civil and criminal penalty scheme (max. $25,000 per day civil administrative penalty)

 

Department may institute a civil action for an injunction

19 listings

 

NJ species list

 

NM

 

Department of Game and Fish

 

Destruction, drastic modification, severe curtailment of habitat; over-utilization for commercial or sporting purposes; disease or predation; other man-made or natural factors

Take, possess, transport, export, process, sell or offer for sale or ship

Misdemeanor, fined one $1000 or imprisoned for not less than 30 days nor more than one year or both

17-2-42 - The director shall establish such programs, including programs for research and the acquisition of land or aquatic habitat

17-2-46 -Conservation officers under the direction of the director may establish checking stations at points along established roads as needed.

32 listings

 

NM species list

 

NY

Dept. of Environmental Conservation

 

Species seriously threatened with extinction; species on federal ESA list

Take, import, possess, transport, sell

 

 

 

 23 Listings

 

NY Species List

 

NC

 

Wildlife Resources Commission

 

Whether any other state or federal agency or private entity is taking steps to protect the species; destruction, modification, or curtailment of its habitat; over-utilization;  disease, predation, or other mortality factors; whether alternative regulatory mechanisms exist; and the existence of other man-made factors

Take, possess, transport, sell, barter, trade, exchange, export, or offer for sale, barter, trade, exchange or export, or give away for any purpose

Class 1 misdemeanor

The Advisory Committee may recommend critical habitat areas for protection or acquisition

 

36 listings

 

NC species list

 

ND

Fish and Game Department

 

 

 

 

 

 

 8 listings

 

ND Species List

 

OH

 

Department of Natural Resources

 

 

Taking or possession of native wildlife, or any eggs or offspring

Misdemeanor of the 1st degree

 

 

24 listings

 

OH species list

 

OK

 

Department of Wildlife Conservation

 

 

Possess, hunt, chase, harass, capture, shoot at, wound, kill, or attempt to take, trap

Violators shall be fined not less than $100 nor more than $1000 or jailed not more than 30 days or both

 

 

18 listings

 

OK species list

 

OR

 

Department of Fish and Wildlife, Wildlife Division

 

The natural reproductive potential is in danger due to limited population numbers, disease, predation or other natural or human actions; most populations have imminent/active deterioration of their range or primary habitat; over-utilization; existing state or federal programs inadequate to protect the species or  habitat

Take, import, export, transport, purchase or sell, or attempt to take, import, export, transport, purchase or sell

Class A misdemeanor

 

 

42 listings

 

OR species list

 

PA

 

Pennsylvania Department of Conservation and Natural Resources

 

 

Possess, transport, capture or kill, or attempt, aid, abet or conspire to capture or kill; buy, sell, barter or exchange, or to offer for sale or barter, or to have in possession for sale or barter, or to aid, abet or conspire in the possession, sale, barter or exchange, or to give away

Misdemeanor of the 3rd or 2nd degree and replacement costs

 

 

18 listings

 

PA species list

 

RI

 

Rhode Island Department of Environmental Management

 

 

Buy, sell, offer for sale, store, transport, import, export, or otherwise traffic

Violator of this act shall be fined no less than $500 nor more than $1000 or imprisoned for no more than 1 year or both

 

20-37-4 - forfeiture provision

15 Listings

 

RI species list

 

SC

 

Department of Natural Resources

 

Destruction, drastic modification, severe curtailment of habitat; over-utilization for commercial or sporting purposes; disease or predation; other man-made or natural factors

Take, possess, transport, export, process, sell or offer for sale or ship

Misdemeanor:  fined not more than $500 or imprisoned not more than 6 months or both and is ordered to pay restitution (2008 amend.)

The department shall promulgate regulations addressing criteria for designating land as certified management area for endangered species

 

23 listings

 

SC species list

 

SD

 

Department of Game, Fish and Parks

 

Population, distribution, habitat needs, limiting factors, and other biological and ecological data

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

Class 2 misdemeanor

 

34A-8-13 Legislative Approval for reintroduction of species

10 listings

 

SD species list

 

TN

 

Wildlife Resources Agency

 

Destruction, drastic modification, severe curtailment of habitat; over-utilization for commercial or sporting purposes; disease or predation; other man-made or natural factors

Take, attempt to take, possess, transport, export, process, sell or offer for sale or ship

Class B misdemeanor

The executive director shall establish such programs, including acquisition of land or aquatic habitat

 

69 listings

 

TN species list

 

TX

 

Parks and Wildlife Department

 

Destruction, drastic modification, or severe curtailment of its habitat; its overutilization for commercial or sporting purposes; disease or predation; or other natural or man-made factors.

Capture, trap, take, or kill, or attempt to capture, trap, take, or kill

 

possess, sell, distribute, or offer or advertise for sale

1st offense class C Misdemeanor;
2nd offense class B Misdemeanor;
3rd offense class A Misdemeanor

 

Three or more persons may petition the department to add or delete species of fish or wildlife from the statewide extinction list.

65 listings

 

TX species list

 

UT

 

State of Utah Natural Resources, Division of Wildlife Resources

 

 

Take or permit his dog to take:
- protected wildlife or their parts (nest, eggs, etc.);
- transport, ship, or cause to be shipped
- sell or purchase

- possess unaccompanied by a valid license, etc.

Class B misdemeanor

 

 

18 listings

 

UT species list

 

VT

 

Department of Fish and Wildlife

 

Destruction, drastic modification, or severe curtailment of its habitat; its overutilization for commercial or sporting purposes; disease or predation; or other natural or man-made factors.

Take, possess,or transport

Fined not more than $1000 for the 1st offense and for subsequent offenses not less than $500 nor not more than $1000

 

Seizure of species and transfer to a zoological, botanical, educational or scientific institutions

 8 listings

 

VT species list

 

VA

 

Department of Game and Inland Fisheries

 

 

Taking, transportation, possession, sale, or offer for sale

Class 1 misdemeanor

 

 

51 listings

 

VA species list

 

WA

 

Department of Natural Resources

 

 

Hunts, fishes, possesses, maliciously harasses or kills, maliciously destroys the nests or eggs  

1st violation is 2nd degree gross misdemeanor; 2nd violation is a class C felony if occurs within five years of the date of the prior conviction.

 

If convicted of class C felony, the department shall revoke any licenses or tags used in connection with the crime and order the person's privileges to hunt, fish, trap, or obtain licenses under this title to be suspended for two years.


 35 listings

 

WA species list

 

WV

Division of Natural Resources, Wildlife Resources

 

 

 

 

 

 

17 listings

 

WV species list

 

WI

 

Department of Natural Resources

 

Wild Animals facing extirpation based upon the best scientific and commercial data available

Take, transport, possess, process or sell

Violation for wild animals fined not less than $500 nor more than $2000; 

 

Intentional violation, fined not less $2000 nor more than $5000 or imprisoned for not more than 9 months or both. 

 

The court shall order the revocation of all hunting approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting approvals under this chapter for one year (if intentional violation, 3 year revocation)

11 listings

 

WI species list

 

WY

Game and Fish Department

 

 

 

 

 

 

15 listings

 

WY species list

 

 

 

 

 

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