Abstract
Man's concern for nature and the quality of his environment has been expressed in a variety of measures, not the least of which is the Endangered Species Act. The Congress of the United States, on December 28, 1973, found that " . . . various species of fish, wildlife, and plants in the U.S. have been rendered extinct as a consequence of economic growth . and development untempered by adequate
concern and conservation ... other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinc-
tion " and that " ... these
species are of esthetic, ecological,
educational, historical, recreational, and scientific value to the Nation and its people ... "
In response to these findings the Endangered Species Act of 1973 was enacted with the purposes of providing " . . . a means whereby the ecosystems upon which endangered species and threatened species depend may be conserved ... ", " . . . a program for the conservation of such endangered species and threatened species . . . "and to take" . . . such steps as may be appropriate to achieve the purposes of the treaties and conventions set forth ... " in various international agreements.
Congress further ordained that conser - vation of endangered wildlife and habitats would be the policy of all governmental agencies and empowered the Secretary of Interior to determine which species and which habitats are endangered or threatened. The Secretaries of Interior and Commerce are charged with the enforcement of the provisions of the Act, with the Secretary of Agriculture sharing jurisdiction over plants.
Under the Act it is unlawful for any person subject to the jurisdiction of the United States to:
1) import or export any endangered species;
2) take any such species within the U.S. or its territorial waters;
3) take any such species upon the high seas;
4) possess, sell, deliver, carry, transport, or ship by any means, any such species taken in violation of items 2 or 3;
5) deliver, receive, carry, transport, or ship in interstate or foreign commerce, by any means whatsoever and in the course of a commercial activity, any such species;
6) sell or offer for sale in interstate or foreign commerce any such species; or
7) violate any regulation pertaining to such species or to any threatened species of fish or wildlife listed persuant to the Act and promulgated by the Secretary persuant to authority provided by the Act.
Individuals of a species covered by the Act, but held in captivity prior to the Act's enactment are not covered by the Act.
Commercial activity, i.e. buying and selling, is the focus of prohibited activities. However, permits can and have been obtained for the importation of wild caught individuals, as well as the interstate sale and shipment of covered species, although the process for obtaining permits is lengthy with no assurance they will be granted.
Individuals of an endangered species can be shipped in interstate commerce, IF the individuals are a "gift" to the recipient or if they are shipped on "breeding loan". A breeding loan should be spelled out in writing, which may carry the stipulation that the lender receives back half of all young produced, while the breeding pair is on loan. Both "gifts" and "loans" are subject to close scrutiny.
In October 1978 five amendments to the Act were passed by Congress, among which were provisions for an Endangered Species Committee to review designations of "critical habitats" upon petition by a state or federal agency, company, organization, or individual, whose projects may be adversely affected by critical habitat. A good example is the now famous Tellico Dam Project/Snail Darter conflict, which was resolved by one of the '78 amendments in favor of the Dam.
The most significant amendment so far as aviculturists are concerned was the total exemption of all endangered raptors held in captivity prior to the amendments and
their progeny until such time as they are released back into their natural habitat. This exemption suggests the same treatment may eventually be accorded other exotic, endangered species.
In addition to the Congressional activities outlined above, two very significant rule changes were initiated by the U.S. Fish & Wildlife Service in response to concern from the animal keeping interests. On June 1, 1977 the USFWS published their final rulemaking establishing the concept of "captive, self-sustaining populations" and listing six species of pheasants as having met the CSSP rule. Under those regulations, breeders were able to obtain CSSP permits entitling them to sell and ship those species in interstate commerce to other breeders holding similar permits.
On September 17, 1979 new rules on captive bred endangered species, not nativetotheU.S. werepublished. Thenew regulations repealed the CSSP rules, ushering in a change in attitude on the part of government towards captive propagation as a means to enhance the survival of a species. These new rules require the breeder to register with the Service, after which the breeder will be permitted to carry on otherwise prohibited activities under the Act (for details see accompanying article).
The Endangered Special Act requires the annual publication of the list of endangered species. The following list represents bird species currently listed under the Act and is offered as a reference guide.