Violating Endangered Species Act

Keeping tigers captive is clearly a violation of the Endangered Species Act.  Being bred into a life of confinement and deprivation as part of a collection, whether that collection be publicly or privately owned, violates the definition of “take” provided in the ESA on several levels.

First of all, the definition clearly says endangered species and those similar enough in appearance to “substantially facilitate the enforcement” (ie: tiger bones vs. lion bones) may not be collected.  That statement alone would prohibit all captive collections of endangered species, such as tigers, leopards, jaguars, cheetahs and most other exotic cats.

Harming, harassing and killing are also prohibited by law.  When cubs are ripped from their mothers to be used as photo props, that is a violation.  When adults are killed to make room for new babies for display, that too is a clear violation.  When big cats are hoarded into tiny, filthy cages and given only putrid food, inadequate amounts of food and algae covered water to drink that too is a violation of the Endangered Species Act.

So why isn’t anything being done about it?

Because it is up to the government to collect the information and pursue the lawsuit and making more work for themselves isn’t their priority.  The good news is that citizens (that is you and me, my friend) do have the power to force the issue.

You are even entitled to a cash reward for information that “leads to an arrest, a criminal conviction, civil penalty assessment, or forfeiture of property.”  But being able to present indisputable evidence is crucial.  Help us build a case to end the practice of keeping big cats captive by posting your photos, videos and blog entries with dates, times, people and places at www.911AnimalAbuse.com

Main site: http://www.access.gpo.gov/uscode/title16/chapter35_.html

From the U.S. Code Online via GPO Access

[wais.access.gpo.gov]

[Laws in effect as of January 3, 2006]

[CITE: 16USC1532]

TITLE 16--CONSERVATION

CHAPTER 35--ENDANGERED SPECIES

Sec. 1532. Definitions

(19) The term ``take'' means to harass, harm, pursue, hunt,

shoot, wound, kill, trap, capture, or collect, or to attempt to

engage in any such conduct.

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+16USC1532

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From the U.S. Code Online via GPO Access

[wais.access.gpo.gov]

[Laws in effect as of January 3, 2006]

[CITE: 16USC1538]

TITLE 16--CONSERVATION

CHAPTER 35--ENDANGERED SPECIES

Sec. 1538. Prohibited acts

(a) Generally

(1) Except as provided in sections 1535(g)(2) and 1539 of this

title, with respect to any endangered species of fish or wildlife listed

pursuant to section 1533 of this title it is unlawful for any person

subject to the jurisdiction of the United States to--

(A) import any such species into, or export any such species

from the United States;

(B) take any such species within the United States or the

territorial sea of the United States;

(C) take any such species upon the high seas;

(D) possess, sell, deliver, carry, transport, or ship, by any

means whatsoever, any such species taken in violation of

subparagraphs (B) and (C);

(E) deliver, receive, carry, transport, or ship in interstate or

foreign commerce, by any means whatsoever and in the course of

commercial activity, any such species;

(F) sell or offer for sale in interstate or foreign commerce any

such species; or

(G) violate any regulation pertaining to such species or to any

threatened species of fish or wildlife listed pursuant to section

1533 of this title and promulgated by the Secretary pursuant to

authority provided by this chapter.

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+16USC1538

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From the U.S. Code Online via GPO Access

[wais.access.gpo.gov]

[Laws in effect as of January 3, 2006]

[CITE: 16USC1533]

TITLE 16--CONSERVATION

CHAPTER 35--ENDANGERED SPECIES

Sec. 1533. Determination of endangered species and threatened

species

…(e) Similarity of appearance cases

The Secretary may, by regulation of commerce or taking, and to the

extent he deems advisable, treat any species as an endangered species or

threatened species even though it is not listed pursuant to this section

if he finds that--

(A) such species so closely resembles in appearance, at the

point in question, a species which has been listed pursuant to such

section that enforcement personnel would have substantial difficulty

in attempting to differentiate between the listed and unlisted

species;

(B) the effect of this substantial difficulty is an additional

threat to an endangered or threatened species; and

(C) such treatment of an unlisted species will substantially

facilitate the enforcement and further the policy of this chapter.

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+16USC1533

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From the U.S. Code Online via GPO Access

[wais.access.gpo.gov]

[Laws in effect as of January 3, 2006]

[CITE: 16USC1540]

TITLE 16--CONSERVATION

CHAPTER 35--ENDANGERED SPECIES

Sec. 1540. Penalties and enforcement

(d) Rewards and incidental expenses

The Secretary or the Secretary of the Treasury shall pay, from sums

received as penalties, fines, or forfeitures of property for any

violation of this chapter or any regulation issued hereunder (1) a

reward to any person who furnishes information which leads to an arrest,

a criminal conviction, civil penalty assessment, or forfeiture of

property for any violation of this chapter or any regulation issued

hereunder.

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_

usc&docid=Cite:+16USC1540

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From the U.S. Code Online via GPO Access

[wais.access.gpo.gov]

[Laws in effect as of January 3, 2006]

[CITE: 16USC1540]

TITLE 16--CONSERVATION

CHAPTER 35--ENDANGERED SPECIES

…(g) Citizen suits

(1) Except as provided in paragraph (2) of this subsection any

person may commence a civil suit on his own behalf--

(A) to enjoin any person, including the United States and any

other governmental instrumentality or agency (to the extent

permitted by the eleventh amendment to the Constitution), who is

alleged to be in violation of any provision of this chapter or

regulation issued under the authority thereof; or

(B) to compel the Secretary to apply, pursuant to section

1535(g)(2)(B)(ii) of this title, the prohibitions set forth in or

authorized pursuant to section 1533(d) or 1538(a)(1)(B) of this

title with respect to the taking of any resident endangered species

or threatened species within any State; or

(C) against the Secretary where there is alleged a failure of

the Secretary to perform any act or duty under section 1533 of this

title which is not discretionary with the Secretary.

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_