Endangered Species: Related Statutes

Statute by category Citationsort ascending Summary
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.

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.
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.
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.
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.
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.
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.
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.
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."
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.
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.
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.
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.
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.

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.
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.
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.
China - Wildlife - China Protection of Wildlife Order No. 9 (1989)

This law seeks to protect national list and international list of endangered species.

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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 - 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.
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 - 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 - 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.
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.

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