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: https://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 toengage in any such conduct. https://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+16USC1532 ********************************** 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 thistitle, with respect to any endangered species of fish or wildlife listedpursuant to section 1533 of this title it is unlawful for any personsubject to the jurisdiction of the United States to--(A) import any such species into, or export any such speciesfrom the United States;(B) take any such species within the United States or theterritorial sea of the United States;(C) take any such species upon the high seas;(D) possess, sell, deliver, carry, transport, or ship, by anymeans whatsoever, any such species taken in violation ofsubparagraphs (B) and (C);(E) deliver, receive, carry, transport, or ship in interstate orforeign commerce, by any means whatsoever and in the course ofcommercial activity, any such species;(F) sell or offer for sale in interstate or foreign commerce anysuch species; or(G) violate any regulation pertaining to such species or to anythreatened species of fish or wildlife listed pursuant to section1533 of this title and promulgated by the Secretary pursuant toauthority provided by this chapter. https://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+16USC1538 ********************************** 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 threatenedspecies …(e) Similarity of appearance cases The Secretary may, by regulation of commerce or taking, and to theextent he deems advisable, treat any species as an endangered species orthreatened species even though it is not listed pursuant to this sectionif he finds that--(A) such species so closely resembles in appearance, at thepoint in question, a species which has been listed pursuant to suchsection that enforcement personnel would have substantial difficultyin attempting to differentiate between the listed and unlistedspecies;(B) the effect of this substantial difficulty is an additionalthreat to an endangered or threatened species; and(C) such treatment of an unlisted species will substantiallyfacilitate the enforcement and further the policy of this chapter. https://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+16USC1533 ********************************** 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 sumsreceived as penalties, fines, or forfeitures of property for anyviolation of this chapter or any regulation issued hereunder (1) areward to any person who furnishes information which leads to an arrest,a criminal conviction, civil penalty assessment, or forfeiture ofproperty for any violation of this chapter or any regulation issuedhereunder. https://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+16USC1540 ********************************** 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 anyperson may commence a civil suit on his own behalf--(A) to enjoin any person, including the United States and anyother governmental instrumentality or agency (to the extentpermitted by the eleventh amendment to the Constitution), who isalleged to be in violation of any provision of this chapter orregulation issued under the authority thereof; or(B) to compel the Secretary to apply, pursuant to section1535(g)(2)(B)(ii) of this title, the prohibitions set forth in orauthorized pursuant to section 1533(d) or 1538(a)(1)(B) of thistitle with respect to the taking of any resident endangered speciesor threatened species within any State; or(C) against the Secretary where there is alleged a failure ofthe Secretary to perform any act or duty under section 1533 of thistitle which is not discretionary with the Secretary. https://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_