In many ways, animals in the wild receive more legal protections than domesticated or captive animals. Unlike animals "owned" by a zoo, a research facility, or an individual, wild animals are classified as public property under the law. That status gives citizens, and therefore government, more of an enforceable interest in their well-being.

As with domestic animals, many lucrative industries depend on the killing and sale of wildlife. Most wildlife laws specifically regulate and/or attempt to suppress those enterprises. Since wild animals are classified as public property, one individual does not theoretically have a right to exclusive benefit of that animal. Instead, wildlife laws recognize the benefit to the public of diverse populations of animals, and the value of nature. Because this view of wild animals as a public resource focuses on species maintenance, it unfortunately confers little benefit on individual wild animals. As long as the survival of the species is guaranteed, wild animals can usually be "harvested" for profit or fun.

State Wildlife Laws

If an animal is not threatened with extinction, then an individual state generally has the right to regulate the killing of that animal for profit or recreation. Hunting, trapping, and fishing laws vary according to state, controlling what types of animal can be killed, how many, and the method used.

State governments also possess regulatory power over nuisance animals or animal damage control. Laws vary from to state to state on the types of animals that can be killed, to what degree the killing must be "humane," and the licensing/training requirements of control officers. State governments can also regulate the types of pesticides or chemicals used to kill animals that disturb agriculture or ranching.

Federal Wildlife Laws

In its present form, the Endangered Species Act (ESA) protects declining species more comprehensively and effectively than any other legislation. Enacted by Congress in 1966, the original ESA mandated only that a list of American endangered and rare species be drafted. In 1969, an amendment required that foreign species also be included. Not until 1973 did the ESA provide stiff punishments for crimes against an endangered animal, and require the drafting of "recovery plans" for species rehabilitation. Except for certain marine animals controlled by the National Marine Fisheries Service of the Department of Commerce, the Department of the Interior administers the ESA through the U.S. Fish and Wildlife Service.

The ESA protects two categories of animal, and violation penalties differ for each. The Fish and Wildlife Service lists a species as "endangered" if the threat of extinction exists in all or a significant part of the animal's range. When endangerment is likely in the near future, a species will be listed as "threatened." Harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting an endangered or threatened animal is punishable by large fines and/or prison time.

In addition to these prohibitive measures, the ESA also requires that affirmative steps be taken to benefit endangered animals. After listing a species, the government must draft a "recovery plan" in an effort to increase the population. This requirement has helped many species, since habitat maintenance is more crucial to survival than punishing offenders for acts against individual animals.

The Fish and Wildlife Service can make exceptions to the ESA and grant permission to kill an endangered animal. Developers receive "incidental take" permits when the death of a listed animal will likely occur during a project. The developer must, however, specify the foreseen number, sex, and age of the animals, and must also draft a conservation plan that outlines steps taken to mitigate damage. Permits can also be issued for activities that will "enhance the survival of the species." Even though this exception appears to allow activities such as captive breeding, trophy hunters use this exception to import dead endangered animals from other countries.

Individual states also list animals that are endangered or threatened within their borders. Even if a species might be thriving in another part of the country, a state may determine that its own population of the animal is threatened, and can therefore restrict hunting and habitat loss. For example, the black bear's status and protections vary from state to state.

Congress passed the Lacey Act in 1900 in effort to strengthen state efforts to stop illegal trade and smuggling in fish and wildlife. The Act allows the federal government to punish someone who imports, exports, transports, sells, or purchases wildlife taken in violation of State, Federal, or foreign laws. In other words, the U.S. government can prosecute someone in possession of an animal or plant product illegally obtained in a foreign country or another state. The Act also prohibits the import/export of injurious wildlife, and ensures the humane treatment of wildlife shipped to the United States. The Fish and Wildlife Service administers the Act for the Department of the Interior.

Even though there must be a violation of an underlying Federal, State, or foreign law to trigger the Act, it does provide stiff punishments that aid in curbing the smuggling and trade in illegally obtained wildlife products. Specifically, there is now a felony punishment scheme which targets commercial violators and international traffickers. The Lacey Act effectively ended the thriving market in bird feathers at the turn of the century, consequently saving many species from extinction.

The Wild Bird Conservation Act of 1992 provides further protections to wild birds traditionally imported as companion animals for Americans. Congress found that the international pet trade in wild-caught exotic birds contributes greatly to the decline of species in the wild, and also that the trade produces an unacceptably high rate of mortality among the imported animals. The Act requires documentation by the importer on the source of the bird, a complete description, and the reasons for import. Also, the importer is permitted to import only two exotic birds as companion animals per year. The Department of the Interior administers the Act through the Fish and Wildlife Service.

The Migratory Bird Treaty Act operates as a pact between nations to protect birds that spend parts of the year in different countries. Except for house sparrows, starlings, feral pigeons, and resident game birds such as pheasant and quail, the Act protects all common wild birds found in the United States. Canada and the U.S. entered into the treaty in 1918, with Mexico joining in 1936, Japan in 1972, and Russia in 1976.

Capturing, collecting, possessing, buying, selling, trading, shipping, importing, or exporting migratory birds or their feathers, parts, nests, or eggs is illegal. Permits can be granted for scientific collection, damage control, falconry, or taxidermy. The Department of the Interior administers the Act through the Fish and Wildlife Service.

The Bald Eagle Protection Act extends further protection to all Bald and Golden Eagles. Native Americans may obtain permits to use eagle feathers in religious ceremonies with the U.S. Fish and Wildlife Service distributing sparingly parts from dead eagles turned in to the agency. This process controls the lingering demand for commercial products made from eagle feathers. The Fish and Wildlife Service also administers the Bald Eagle Protection Act.

The Wild Free-Roaming Horses and Burros Act was passed in 1971 in response to public outcry over the slaughter in large numbers of horses by free-lance cowboys working for the pet food industry. The law mandated protection from capture, branding, harassment, or death, and also for the first time classified the horses and burros as an integral part of the natural ecosystem. The Bureau of Land Management (BLM) administers the Act for the Department of the Interior.

Because of the widespread misconception that horses and cattle compete for forage and water, the BLM removes thousands of the wild animals annually. Since the Act prohibits the killing of wild horses, the BLM cannot sell the removed animals for slaughter. An adoption program has been set up to place the horses with private citizens. However, given the surplus of removed wild horses and burros and their value as meat for export or pet food, many are illegally sold to slaughter by those who adopt them.

A 1997 API/Fund for Animals lawsuit forced the BLM to finally agree to reform its requirements for adopting wild horses to prevent these rampant abuses. The BLM's Private Maintenance and Care Agreement would be reworded so that anyone who adopts a wild horse or burro for slaughter or commercial purposes may be prosecuted. The BLM also said it would prohibit using the powers of attorney in the adoption process, and ensure that USDA inspectors working in slaughterhouses would notify BLM when BLM freeze-branded horses arrived.

The focus of the Marine Mammal Protection Act (MMPA) is similar to the ESA: ecosystem maintenance. Congress passed the MMPA in 1972 in response to increased public environmental awareness. Recognizing the "aesthetic, recreational and economic value" of marine mammals, the MMPA put a moratorium on the killing, harassing, hunting, or capturing of the animals unless an optimum sustainable population existed. Whales, porpoises, seals, sea lions, walruses, polar bears, sea otters, and manatees are included.

Penalties under the MMPA can be severe, but numerous exceptions apply. Since the MMPA dictates ecosystem preservation, the government can waive the restrictions if scientists determine that populations will not be adversely affected by incidental kills. Subsistence hunting, capture for public display, scientific research, and conflicts with fishing gear all merit exception from penalty under the Act.

Administrative powers under the MMPA are divided between the Department of the Interior and the Department of Commerce. The Secretary of Commerce via the National Marine Fisheries Service controls activities relating to whales, dolphins, seals, and sea lions. The Secretary of the Interior uses the Fish and Wildlife Service to rule on issues involving walruses, sea otters, manatees, and polar bears.

Amendments to the MMPA have had both positive and negative implications for animals. The 1988 reauthorization of the Act extended some protections to dolphins by restricting types of tuna nets, and separate legislation a few years later codified "Dolphin Safe" standards. The 1994 reauthorization included a regime developed by conservationists and the fishing industry to reduce incidental killing and injury from commercial fishing activities. However, this reauthorization also amended the MMPA to allow American trophy hunters to import into the U.S. the skins and heads of polar bears killed in other countries.

In 1972, the National Marine Sanctuaries Act and the Coastal Zone Management Act established the nation's first ocean and coastal protection program. The mission of the National Marine Sanctuary Program is to manage areas of special national significance to protect their ecological and cultural integrity for the benefit of current and future generations. There are now 12 sanctuaries, ranging from the 1-square-mile sanctuary preserving the historic wreck of the U.S.S. Monitor to the 5,000-square-mile sanctuary encompassing the offshore waters of Monterey and the Central California coastline. The National Oceanic and Atmospheric Administration is the federal agency responsible for protecting sanctuary resources and facilitating uses within the sanctuaries that are compatible with resource protection.

What to Do about Wildlife Law Violations

If you witness a violation of the Endangered Species Act, the Lacey Act, the Wild Bird Conservation Act, the Bald Eagle Protection Act, or the Migratory Bird Treaty Act, contact the law enforcement division of the U.S. Fish and Wildlife Service. Even if an agent is not present to answer, you may leave a message at any of the phone numbers below, 24 hours a day, 7 days a week. Expect a prompt response. The Fish and Wildlife Service also has a helpful Web site at www.fws.gov.

Region 5

U.S. Fish and Wildlife Service
Division of Law Enforcement
300 Westgate Center Dr.
Hadley, MA 01035-9589
Phone: 413-253-8200

Jurisdiction: CT, DE, ME, MD, MA, NH, NJ, NY, PA, RI, VT, VA, WV.