Endangered Species Act
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_
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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_
