Endangered Species: Related Statutes
Statute by category |
Citation | Summary |
|---|---|---|
| AK - Endangered Species - Endangered and Threatened Species | AS § 16.20.180 - 210 | This Alaska statute provides that the state shall take measures to preserve the habitat of species or subspecies which, are threatened with extinction due to habitat loss, overutilization, disease, predation, or other human or natural factors. Species recognized as endangered or threatened also gain habitat protection on state lands. Taking of a listed species without permit incurs a misdemeanor. |
| AR - Endangered Species - Endangered, Threatened, and Nongame Species Preservation | A.C.A. § 15-45-301 to 306 | Arkansas law provides that it is the intent of the State to protect rare, threatened, and endangered species. This policy also provides for the protection of critical habitat for these species. |
| AU - Threatened Species Protection Act 1995 (QLD) | Threatened Species Protection Act 1995 |
The Nature Conservation Act 1992 is an act of the Parliament of Queensland that provides for the legislative protection of Queensland's threatened fauna and flora. As originally published, it provided for native animals and plants to be declared presumed extinct, endangered, vulnerable, rare or common. In 2004 the act was amended to more closely align with the International Union for the Conservation of Nature and Natural Resources categories: presumed extinct was changed to extinct in the wild and common was changed to least concern. |
| AU - Wildlife Protection- Queensland Nature Conservation Act 1992 | The object of this Act is the conservation of nature.The conservation of nature is to be achieved by an integrated and comprehensive conservation strategy for the whole of Queensland that involves, among other things, the following— (a) Gathering of information and community education; (b) Dedication and declaration of protected areas; (c) Management of protected areas;(d) Protection of native wildlife and its habitat; (e) Use of protected wildlife and areas to be ecologically sustainable; (f) Recognition of interest of Aborigines and Torres Strait Islanders in nature and their cooperative involvement in its conservation; and (g) Cooperative involvement of land-holders.This Act is to be administered, as far as practicable, in consultation with, and having regard to the views and interests of, land-holders and interested groups and persons, including Aborigines and Torres Strait Islanders. | |
| AZ - Endangered, nongame - Illegal Taking or Wounding of Wildlife | A. R. S. § 17-268, § 17-296, § 17-298, § 17-298.01, § 17-314, § 17-402 - 407 | Arizona assesses a monetary civil penalty for the possession or taking of listed species of wildlife and endangered/nongame wildlife (including eagles). This fine goes to the state wildlife theft prevention fund and is in addition to any other fine or penalty assessed by law. |
| BO - Wildife - Ley N° 12301 | Ley N° 12301 | The "wildlife, national parks, hunting, and fishing law," regulates the protection, use, transportation, and commercialization of wildlife and its products, and the protection of endangered species, among other things. It encourages the rational and sustainable use of wildlife and natural resources. |
| CA - Endangered Species - CHAPTER 1.5. ENDANGERED SPECIES | West's Ann. Cal. Fish & G. Code § 2050 - 2115.5 | The California Fish and Game Code considers that endangered and threatened species are of ecological, educational, historical, recreational, esthetic, economic, and scientific value to the people of the State of California. The State of California has legislation that allows the state to protect endangered and threatened species by acquiring land for these species to protect, restore and enhance the habitat of these species. Section 2080 prohibits the importing, taking, exporting, possessing, purchasing, or selling, any species, or any part or product thereof that is endangered or threatened. |
| CA - Importation - Chapter 2. Of Other and Miscellaneous Offenses (653o - 653r) | West's Ann. Cal. Penal Code § 653o - 653r | These California laws relate to the importation of certain animals parts for commercial purposes. Under the law, it is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf (Canis lupus), zebra, whale, cobra, python, sea turtle, colobus monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin or porpoise (Delphinidae), Spanish lynx, or elephant. It is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any crocodile or alligator. Commencing January 1, 2022, it is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of an iguana, skink, caiman, hippopotamus, or a Teju, Ring, or Nile lizard. Section 653p makes it unlawful to posses with the intent to sell any part or dead body of any species on the federal endangered species list or species covered under the MMPA. Section 653q makes it illegal to import for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any seal. |
| CA - Mammals - § 4700. Taking or possession prohibited; scientific research; legal imports; | West's Ann. Cal. Fish & G. Code § 4700 | This statute enumerates the fully protected mammals in the state of California. These animals may not be taken or possessed at any time. The statute also specifically states that permits or licenses to take these animals will not be issued, with a possible exception in the case of necessary scientific research. |
| CA - Marine - Chapter 10.5. Marine Life Protection Act. | West's Ann. Cal. Fish & G. Code § 2850 - 2863 | In this act, the California Legislature finds and declares a need to reexamine and redesign California's marine protected area systems to increase its effectiveness at protecting the state's marine life, habitat, and ecosystems. To improve the design and management of that system, the Marine Life Protection Program was adopted. A few of the Program's goals are to protect the natural diversity and abundance of marine life, to help sustain, conserve, and protect marine life populations, and rebuild those that are depleted. |
| China - Wildlife - China Protection of Wildlife | Order No. 9 (1989) |
This law seeks to protect national list and international list of endangered species. |
| China - Wildlife - Wildlife Law Regulations | Wildlife Law Regs. |
This is the set of regulations for the implementation of the national wildlife law, primarily for the protection of endangered species. |
| CO - Endangered Species - Article 2. Nongame and Endangered Species Conservation | C. R. S. A. § 33-2-101 - 108 | These Colorado statutes provide the State's intent to protect endangered, threatened, or rare species and defines the terms associated with the statute. It also has a provision specific to the reintroduction of the bonytail and black-footed ferret. Under the management program, Colorado law provides for the acquisition of habitat for species listed as well as other protective measures. |
| CO - Hunting - Willful Destruction of Wildlife | C. R. S. A. § 33-6-117 | Colorado has a unique statute specific to poaching for the purpose of acquiring parts or "trophies" from an animal with the intent of abandoning the carcass, or even soliciting someone else to do so. Taking or hunting big game, eagles, or endangered species with this intent results in a felony. The intent of the law is stated "to protect the wildlife from wanton, ruthless, or wasteful destruction or mutilation for their heads, hides, claws, teeth, antlers, horns, internal organs, or feathers." |
| Colombia, DECRETO LEY 2811, 1974, Code of Natural Resources | DECRETO LEY 2811 | The Code of Natural Resources and Environmental Protection declared the environment a common heritage of the nation and nature as a legal good that has to be protected. Article 1 of this code establishes that, “the preservation and management of natural resources are of public utility and social interest." The main goal of this statute is to protect and restore the environment. It strives for the preservation, improvement and rational utilization of the natural resources, attempting for a continued availability of such resources. |
| CT - Endangered Species - CHAPTER 495. ENDANGERED SPECIES | C. G. S. A. § 26-303 - 317 | These statutes provide Connecticut's endangered species provisions. Included are the findings and policy, definitions, acquisition and management of habitat, and penalties for taking of listed species. The statute also has a provision specific to elephant ivory. |
| CT - Fisheries & Wildlife - Chapter 490. Fisheries and Game. § 26-1. Definitions | C. G. S. A. § 26-1 | This law contains definitions for the Connecticut Fisheries and Wildlife Department. |
| DE - Endangered Species - CHAPTER 6. ENDANGERED SPECIES | 7 Del.C. § 601 - 605 | Delaware prohibits the importation, transportation, possession, or sale of any part, hide or an endangered species of fish or wildlife. Delaware also prohibits the intent to import, transport, or sell any part or hide of an endangered species. The only lawful way to take an endangered species is by a license or permit from the Division of Fish and Wildlife and violation of this statute is a class A environmental misdemeanor. |
| DE - Wildlife - Chapter 1. Protected Wildlife | 7 Del.C. § 101 - 204 | These statutes comprise Delaware's protected wildlife provisions. The section outlines the powers and duties of the Department of Fish and Wildlife as well as how funds derived from fishing and hunting licenses may be used. The code also explains the procedure private parties may take when protected wildlife injures crops. |
| FL - Endangered - Endangered and Threatened Species Act | West's F. S. A. § 379.2291 - 2311 | These Florida statutes define endangered and threatened species and provide the State's intent to protect these species. Under statute, the intentional killing or wounding of a listed species incurs a third degree felony. Interestingly, the state has a reward program for the arrest and conviction of those who violate state endangered species laws. |
| FL - Endangered Species - Chapter 379. Fish and Wildlife Conservation. | West's F. S. A. § 379.411 | This statute prohibits the intentional killing or wounding of any animal, or the eggs or nest of any animal, listed as threatened, endangered, or of special concern, making it a Level Four violation under s. 379.401. The bald eagle has been designated under this provision. |
| FL - Fish and Wildlife Conservation - Part V. Law Enforcement | West's F. S. A. § 379.33 - 379.343 | This set of laws describes the scope and methods of enforcement of the state's fish and wildlife laws. |
| GA - Endangered - Article 5. Protection of Endangered Wildlife | Ga. Code Ann., § 27-3-130 to 133 | These statutes provide for the definition of "protected" species and outline the duties of the board responsible for enforcing Georgia's endangered species law. Included in the Board's duties are inventorying and designating listed species and promulgating regulations. Violation of these regulations results in a misdemeanor. |
| HI - Endangered Species - Chapter 195D. Conservation of Aquatic Life, Wildlife, and Land Plants | H R S § 195D-1 - 32 | Hawaii endangered species law prohibits any taking, transport or commerce in designated species. It further outlines conservation programs that mandate continued research on listed species. Broad arrest and search and seizure provisions are given to law enforcement officials to enforce these acts. Violation of the regulations result in a misdemeanor conviction with both criminal fines and administrative fines that graduate for subsequent convictions. |
| IA - Endangered Species - WILDLIFE CHAPTER 481B. ENDANGERED PLANTS AND WILDLIFE | I. C. A. § 481B.1 - 10 | Iowa law sets out the definitions related to endangered species. It also provides a list of prohibited acts related to these species, including any taking, transporting, purchasing or selling of the species or their parts. An exception is listed for damage to property or human life, provided a permit is secured first. |
| ID - Endangered Species - Chapter 24. Species Conservation- Chapter 26. Fish and Game | I.C. § 36-2401 - 2405, 36–1101 | This Idaho law sets out the definitions related to state endangered species laws. It also establishes a delisting advisory team that is responsible for reviewing data related to state species proposed for delisting by the federal government. This team also submits management plans to the state fish and wildlife department. |
| IL - Elephant - 5/48-11. Unlawful use of an elephant in a traveling animal act | 720 I.L.C.S. 5/48-11 | This Illinois law states that a person commits unlawful use of an elephant in a traveling animal act when he or she knowingly allows for the participation of an African elephant (Loxodonta Africana) or Asian elephant (Elephas maximus) protected under the federal Endangered Species Act of 1973 in a traveling animal act. Violation is a Class A misdemeanor. This Section does not apply to an exhibition of elephants at a non-mobile, permanent institution, or other facility. |
| IL - Endangered Species - Act 10. Illinois Endangered Species Protection Act | 520 I.L.C.S. 10/1 - 11 | These Illinois statutes set out the definitions related to endangered species and include prohibitions on the taking, transporting, and buying or selling of listed species, among other things. Permits are issued for the enhancement of the survival of the species and limited permits are issued for incidental takings. Violation of the statute results in a Class A misdemeanor and forfeiture of both the species taken and instrumentalities used in the taking are provided. |
| IN - Endangered Species - Chapter 34. Nongame and Endangered Species Conservation | I.C. 14-22-34-1 to 21 | These Indiana statutes set out the definitions related to endangered species and prohibit any form of possession of listed species, including taking, transporting, purchasing or selling except by permit. Listed species may be removed, captured, or destroyed if it is shown by good cause that the species are causing property damage or are a danger to human health. |
| KS - Endangered Species - Chapter 32. Wildlife, Parks and Recreation | K. S. A. § 32-957 - 963 | These Kansas statutes set forth the state's endangered and threatened species provisions. Included are the related definitions and the rules for listing species. A permit is required for any form of possession or taking of a listed species. |
| KS - Wildlife Possession - Chapter 32. Wildlife, Parks and Recreation. | K. S. A. 32-1005 | Knowingly capturing, killing, or possessing for profit, or selling, bartering, purchasing or offering to do so as well as the shipping or transportation of wildlife constitutes the commercialization of wildlife. The possession of listed wildlife for commercial purposes is considered a "nonperson" misdemeanor or felony depending on whether the aggregate value is greater than $1000. Commerce in protected wildlife (including eagles) incurs at least the minimum fine and may also result in the confiscation of equipment, license sanctions, and restitution. |
| KY - Endangered Species - Chapter 150. Fish and Wildlife Resources. | KRS § 150.180, 183, 260, 280, 990 | Under Kentucky law, no person shall import, transport, possess for resale or sell any endangered species of wildlife. The term "endangered species" means any species of wildlife seriously threatened with worldwide extinction or in danger of being extirpated from the Commonwealth of Kentucky. Violation of the Act may result in fines or possible imprisonment depending on the statutory section violated, and license sanctions may also result. |
| LA - Endangered Species - THREATENED AND ENDANGERED SPECIES CONSERVATION | LSA-R.S. 56:1901 - 07 | These Louisiana statutes set forth the legislative policy, definitions, and factors for listing endangered species. Additionally, the commission is authorized to issue and promote the sale to the general public of "endangered species" stamps as an additional source of funding for implementation of programs under these statutes. Violation of these provisions may result in a class four or class six violation. |
| Ley 25.463, 2001 | Ley 25.463 | This law declared the Panthera onca, also known as yaguareté, Jaguar, overo tiger or painted onca, a natural monument. Ley 25.463/01 instructs the National Park Administration and the Directorate of Wildlife and Flora of the Nation to work together on the management plan for the species in the areas of its jurisdiction, making sure it is in accordance to the national faunal policy. The Enforcement Authority will guarantee the planning and execution of preventive measures in cases in which a specimen becomes circumstantially harmful to humans or their productive activities. |
| MA - Endangered Species - Chapter 131A. Massachusetts Endangered Species Act | M.G.L.A. 131A § 1 - 7 | This Massachusetts statute comprises the state's endangered species act. "Endangered species", any species of plant or animal in danger of extinction throughout all or a significant portion of its range including those species listed under the federal ESA. The director shall conduct investigations and consult with the natural heritage and endangered species advisory committee in order to determine whether any species of plant or animal constitutes an endangered or threatened species or species of special concern. Habitat alteration permits are required under this act when any person undertakes a project that may alter a significant portion of habitat. |
| MD - Endangered Species - Nongame and Endangered Species Conservation Act | MD Code, Natural Resources, § 10-2A-01 - 09 | These Maryland statutes comprise the Nongame and Endangered Species Conservation Act. Under the Act, any species designated under the federal Endangered Species Act is deemed an endangered species as are other species designated by the state secretary based on habitat and population factors. Violators of the Act shall be fined not more than $1,000 or be imprisoned not more than 1 year, or both and equipment used in the taking of designated species may be seized. |
| MD - Habitat - Subtitle 7. State Chesapeake Bay and Endangered Species Fund | MD Code, Natural Resources, § 1-705 | Maryland law specifically allocates funds for the habitat protection, conservation, and propagation of endangered and threatened species. This fund has a provision that designates this fund for the monitoring, surveying, and protection of bald eagle nest sites in addition to other wildlife. |
| ME - Endangered Species - Chapter 925. Fish and Wildlife Management and Research. | 12 M.R.S.A. § 12808 | Maine revised its endangered species law in 2019. "Take" means the he act or omission that results in the death of any endangered or threatened species. There are two types of offenses based on whether the conduct is negligent or intentional. Negligent acts concerning an endangered species result in a Class E crime with a fine of $1,000 which may not be suspended. Intentional acts concerning an endangered species result in a Class D crime with a fine of $2,000 which may not be suspended. Each type of taking lists what is prohibited with regard to endangered species, including hunting, possessing, and feeding/baiting. |
| ME - Endangered Species - Subchapter 3. Endangered Species; Management and Research. | 12 M. R. S. A. § 12801 - 12810 | Maine revised its endangered species law in 2019. "Take" means the he act or omission that results in the death of any endangered or threatened species. There are two types of offenses based on whether the conduct is negligent or intentional. Negligent acts concerning an endangered species result in a Class E crime with a fine of $1,000 which may not be suspended. Intentional acts concerning an endangered species result in a Class D crime with a fine of $2,000 which may not be suspended. Each type of taking lists what is prohibited with regard to endangered species, including hunting, possessing, and feeding/baiting. Section 12810 also covers offenses against delisted species (of which the bald eagle is specifically listed). |
| MI - Biological Diversity - Chapter 324. Natural Resources and Environmental Protection Act. | M.C.L.A. 324.35501 - 35506 | These Sections describe the State's desire to conserve biological diversity as well as the State's strategy and considerations in achieving this goal. These sections also create the joint legislative working committee on biological diversity. |
| MI - Endangered - Part 365. Endangered Species Protection | M. C. L. A. 324.36501 - 07 | The state of Michigan defines an endangered species as "any fish, plant life, or wildlife that is in danger of extinction throughout all or a significant part of its range, other than a species of insecta determined by the department or the Secretary of the United States Department of the Interior to constitute a pest whose protection under this part would present an overwhelming and overriding risk to humans." Violation of the taking provision constitutes a misdemeanor punishable up to 90-days in jail and/or up to $1,0000 in fines. |
| MI - Wolves - Control of gray wolves, § 324.95151 to 324.95167 | M.C.L.A. 324.95151 - 324.95167 | This chapter of Michigan laws deals with the removal, capture, or destruction of gray wolves. According to the laws, a landowner is able to use any means necessary to remove a gray wolf from its property, including lethal force, if the gray wolf is threatening the landowners livestock or dog(s). Once a landowner has removed, captured, or destroyed a gray wolf, the landowner must report it to a department official no later than 12 hours after the removal, capture, or destruction. According to Section 324.95167, the act is not operative until final appellate court issues a decision overruling the decision of The Humane Society of the United States v Dirk Kempthorne that allows removal of wolves from the federal ESA list, or the U.S. Fish & Wildlife Service promulgates a final rule dated after March 12, 2007 that removes gray wolves located in this state from the list of endangered and threatened wildlife established under the federal endangered species act of 1973 and that final rule takes effect. |
| MN - Endangered Species - Natural Resources (Ch. 83A-84). Chapter 84. Department of Natural Resources | M. S. A. §§ 84.0895, 84.944, 97A.245, 97A.501 | This statute protects endangered and threatened species in Minnesota, as defined in the statute. Under the law, a person may not take, import, transport, or sell any portion of an endangered species of wild animal or plant, or sell or possess with intent to sell an article made with any part of the skin, hide, or parts of an endangered species of wild animal or plant. Violation of the statute is a misdemeanor. |
| MN - Fish & Game - Chapter 97A. Game and Fish. Penalties | M. S. A. § 97A.301 - 345 | These Minnesota statutes pertain to criminal sanctions for violations of fish and game laws. A person is guilty of a misdemeanor if s/he takes, buys, sells, transports or possesses a wild animal in violation of the laws. A person is guilty of a gross misdemeanor if s/he knowingly disregards no trespassing signs or trespasses after being notified not to trespass. It is also a gross misdemeanor to violate provisions relating to buying or selling fur-bearers, deer, bear, moose, elk, or caribou, fishing with illegal methods, and transporting animals over the limit. A gross misdemeanor may be punished by a fine and/or imprisonment. |
| MN - Habitat - Minnesota Environmental Rights Act (Chapter 116B. Environmental Rights) | M. S. A. § 116B.01 - 13 | Minnesota protects the environment under the Minnesota Environmental Rights Act (MERA). Under MERA, citizens may bring suits for civil remedies where activities are interfering with their enjoyment of natural resources, including eagle nesting sites. The law provides a comprehensive scheme under which anyone with sufficient interest in protecting land, water, air, or any natural resources may bring suit to enjoin an action. |
| MN - Ivory - 84.0896. Trade in prohibited animal parts prohibited | M. S. A. § 84.0896 | This Minnesota law, effective January 1, 2020, prohibits the sale of a "prohibited animal part." This is defined as a tooth or tusk from any species of elephant, hippopotamus, mammoth, mastodon, walrus, whale, or narwhal, or any piece thereof, whether raw or worked. Certain exceptions are written into the law including certain antiques (as defined), possession by a bona fide scientific or educational institution, and items expressly authorized under federal law. |
| MN - Wildlife, possession - Chapter 97A. Game and Fish. Possession and Transportation of Wild Animals. | M. S. A. § 97A.501 - 56 | These Minnesota statutes restrict possession and transportation of wild animals. No one may transport wild animals taken, bought, or sold in violation of the game and fish laws. In general, a person may not take, import, transport, or sell an endangered species of wild animal, but there are exceptions. |
| 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. |