Endangered Species Act, Steel jaw leghold traps, hunting, trophy hunting, canned hunting, wildlife management, wild horses and burros

1. This work by Valerie Lang Waldin, J.D., M.L.S., Associate Professor, Library, HVCC is
licensed under a Creative Commons Attribution 4.0 International License.

2. This work was prepared in 2011 as
part of a college course in Animal Law
and Advocacy and updated in 2022.
Please feel free to notify me directly if
you come across broken links or
outdated information.
Valerie Lang Waldin, J.D., M.L.S.
langval730@gmail.com

3. Wildlife are animals that have not been
domesticated by humans.

4. …human safety, property, etc.
Some threaten

5. Some “endanger moving vehicles”

8.  Eat, wear or use

9.  Kill for sport

10.  Kill for sport
◦ Some imported for canned hunts

11.  Labor for or entertain people

12.  Ones humans enjoy watching

13.  Used in scientific or medical experiments

14.  Kept as pets

15. Conservationists Animal Welfarists
 Conservationists help
wild animals by
preserving natural
habitat.
◦ Many are hunters.
◦ Ethical battle continues
today
Conservationists and
Animal Welfarists are
NOT always the same.

16.  Wildlife conservation science
focuses on protecting “the
integrity and continuity of
natural processes, populations
and ecological systems.” It
devotes special attention and
efforts into select species who
are essential for biodiversity.
 In contrast, animal welfare
science emphasizes the quality
of life of individuals – rather
than species – and places
importance on all sentient
animals rather than a select few.

17. Let them roam freely (and subject to killing from humans) or confine them to a
sanctuary, zoo or a park
The Debate

18. It is estimated that 30 million bison were wandering the plains when Columbus
landed on the eastern shores.
For example:

19. However, in the late 1800s these bison were almost entirely driven to
extinction with less than 1,000 individual animals remaining. A census
conducted in 1905 indicated that there were 835 wild bison and 256
bison in captivity at that time. Sanctuaries, zoos and parks were safe
havens for these special animals and helped to sustain and increase
their population size.

20. Today their numbers have rebounded to around 350,000—about 1% of
their original herd size—but enough to keep them out of the dangers
of extinction.
Approximately 15,000 animals can be found across the public lands of
the United States. Remaining bison populations are in private herds
such as those maintained by The Nature Conservancy.

21. What do we learn from keeping wild animals in captivity?
Should wild animals be kept in captivity to
entertain or educate humans?

22. Remember, at one time…

23. Official hunting seasons were set up in the early 1700s and over the next 100 years we
saw the emergence of state fish and game departments, license requirements and
hunting restrictions.
Colonists had to fight off animal predators –
1700s (but that was the 1700s).

24.  The Lacey Act of 1900 sought to protect wild
game species by making it a federal crime to
hunt game with the intent of selling it in
another state.
 Its intent was to combat the impact of
poaching, interstate shipment of unlawfully
killed game, and killing of birds for feather
trade.

25. …provide strong financial incentives to increase the consumption of
wildlife.
Wildlife also provides a source of recreational benefits and income,
where hunting and animal viewing can generate significant profits.

26. Federal Aid in Wildlife Restoration Act (also
known as Pittman Robertson Act) – 1937
Revenues generated from these excise taxes on the
sale of firearms are apportioned to state wildlife
agencies for their conservation efforts, hunter
education programs, and operation of archery and
shooting ranges.
So if NY is to receive federal funding under this Act, NY
cannot use license fees for any other purpose than
administration of En Con’s Fish and Wildlife Division.

27.  The act was signed by Franklin D. Roosevelt on September
2, 1937, and became effective on July 1 of the following
year.
 It has been amended many times, with several of the major
amendments taking place during the 1970s and the most
recent in 2000.
 Prior to the creation of the Federal Aid in Wildlife
Restoration Act (aka Pittman–Robertson Act), many species
of wildlife were driven to or near extinction by
commercial/market hunting pressure and/or habitat
degradation from humans.
 The act created an excise tax that provides funds to each
state to manage such animals and their habitats. Notable
species that have come back from the brink since the
implementation of this act include white-tailed deer, wild
turkeys, and wood ducks.

28. Minimum Hunting Age
Minors under the age of 12 may not obtain a
hunting license or hunt wildlife.

29. … and the myth that it controls deer
overpopulation.

30. Numerous studies refute this MYTH.
If deer weren’t hunted they would starve.

31. Under New York State Environmental Conservation
Law
(section 11-0523), people are not required to
obtain a
permit to trap ‘menacing wildlife’ on their own
property, or on the property
someone of else who has given them written
permission to trap.
Trapping on public lands or other private property
requires
a wildlife control permit, which is obtained from
the Department of Environmental Conservation.

32.  State wildlife agencies are in competition with
each other for federal funds, and the only way
a state can raise the ceiling on its potential
federal funding is to increase the number of
people it licenses to hunt.
◦ This raises incentives to increase # of animals
available to hunt.

33. Federal

34. Manages
◦ Manages
 Millions of acres in national wildlife refuges and wetlands
 Migratory bird conservation
 National fish hatcheries, resource & field offices
 Enforces many federal wildlife laws
USFWS (U.S. Fish and Wildlife Service)

35. USFWS works with U.S. Customs & Border
Protection and the USDA to monitor shipments
of protected plants and animals.

36.  Wildlife Services of the USDA
◦ Controls wildlife that can damage agriculture,
property, natural resources and threaten public
safety

37. (1) Protecting human interests
(2) Preserving endangered species
As you go through the rest
of this PowerPoint, keep
these goals in mind.

38.  Rabies
 West Nile virus
 Lyme disease
 Bovine tuberculosis
 Chlamydiosis (respiratory disease in tropical
birds)
 Histoplasmosis (lung disease)
 Salmonellosis (intestinal illness)

39.  Approximately 5,000 animal
rabies cases are reported
annually to CDC, and more
than 90% of those cases occur
in wildlife.
 This marks a dramatic change
in the types of animals
reported as rabid since 1960,
when the majority of cases
were in domestic animal
species, primarily dogs (can
you think of a reason for this?).
 The principal rabies reservoir
hosts in the United States
today include bats, raccoons,
skunks, and foxes.
◦ Source: CDC

40. Collision with Deer
Remember, right now we are thinking about the balance
between protecting human interests and preserving
wildlife.

42.  Relocation
 Poisons
 Sharpshooters
 Contraceptives
 Repellents
◦ Example North Carolina and Canadian Geese
◦ Techniques recommended by Wildlife Service of USDA:
 In choosing a control technique, WS specialists consider the
biological and legal status of the target species and potential
nontarget species, local environmental conditions and possible
environmental impacts, and the practicality of available control
options.

43. Birds poisoned to curb dairy threat.

45.  The Wild Free-Roaming Horse and Burro Act of 1971 (Public Law
92-195) required the protection, management, and control of
wild free-roaming horses and burros on public land. Congress
declared that wild free-roaming horses and burros are living
symbols of the historic and pioneer spirit of the west; they
contribute to the diversity of life forms within the Nation and
enrich the lives of the American people; and these horses and
burros are fast disappearing from the American scene. It is the
policy of Congress that wild free-roaming horses and burros
shall be protected from capture, branding, harassment, or death;
and to accomplish this they are to be considered in the area
where they are presently found, as an integral part of the natural
system of the public lands.

46.  This law states; The Secretary of the Interior shall manage wild free-roaming
horses and burros in a manner that is designed to achieve and maintain a
thriving natural ecological balance on public lands. It also states, if an over
population exists on a given area of the public lands and action is necessary
to remove excess animals, he shall immediately remove excess animals from
the range so as to achieve appropriate management levels. … all excess
animals … removed so as to restore a thriving natural ecological balance to
the range, and to protect the range from the deterioration associated with
over-population.

47. Since the passage of the act to 2007 approx. 235,00 wild horses and burros
have been adopted to private individuals. Even with this high number of
adoptions, it has been decided that public lands can only sustain 28,849 wild
horses and burros in total. At the end of 2003 the wild horse and burro
population on the open range was 37,186.
The Wild Free-Roaming Horse and Burro Act of 1971

48.  For the year 2005, the Bureau of Land
Management's annual budget for the Wild
Horse and Burro Program was approximately
$40 million dollars. Half of this money was
allocated for the care and feeding of the
animals in captivity.
Save the Mustangs video

49. Equine Advocates (or see link on Animal Law, Advocacy and Policy Research
Guide https://www.equineadvocates.org/the-issues/wild-mustangs-burros/ ).
Best Summary of this Issue

50. Managed by the Bureau of Land Management
(BLM)

51. Applied to wild horses and burros over ten years old
Not likely adoption candidates
Could be sold at auctions without limitation i.e., slaughter
2004 – Omnibus Appropriations Bill

52. Bought back 52 of the horses
Save the Mustangs
“Wild Horses Sold by U.S. Agency Sent to
Slaughter”

53. Let’s get started with this short, VERY BASIC
overview:
https://youtu.be/9OAIlM1EFHc

54. What are the three key elements of the Endangered Species Act?
It is based on three key elements—(1) listing species as threatened or
endangered, (2) designating habitat essential for their survival and
recovery, and (3) ultimately restoring healthy populations of the
species so they can be removed from the list.

55. A species is classified as endangered when its population has declined
between 50 and 70 percent and as when its population is restricted to
less than 250 mature individuals. When a species’ population is this
low, its area of occupancy is not considered.

56. USFWS
National Marine
Fisheries Service
Prohibits any
person from
“taking” a listed
species.
“Take” means
"to harass,
harm, pursue,
hunt, shoot,
wound, kill,
trap, capture, or
collect, or to
attempt to
engage in any
such conduct."

57.  The United States government responded to increasing concern for endangered wildlife in 1964 when it
acknowledged that species loss was due largely to habitat loss. In that year, Congress included a
provision in the Land and Water Conservation Fund Act to permit federal dollars to be used in “the
acquisition of land, waters, or interests in land or waters . . . [f]or any national area which may be
authorized for the preservation of species of fish or wildlife that are threatened with extinction.” 16 U.S.C.
§ 4601l-11.
 This statutory beginning for endangered wildlife protection reflected two fundamental changes. First it
provided for the protection of wildlife, rather than the management of species populations. Second, that
protection was accomplished through habitat preservation rather than taking restrictions.
 The Land and Water Conservation Fund served as the foundation for the Endangered Species Act as we
know it today, with some key distinctions.
 For starters, with the ESA Congress recognized that taking prohibitions were still a critical component of
species protection. In addition, the ESA provided established essential conservation requirements for all
federal agencies:
• Section 4 establishes the procedures for listing species as threatened or endangered as well as
designating critical habitat;
• Section 7 requires federal agencies to consult with the appropriate fish and wildlife agency to ensure
that federal actions do not jeopardize the existence of a species;
• Section 9 prohibits any person from taking or engaging in commerce with protected species; and
• Section 11 specifies the civil and criminal penalties for violations of the ESA with a crucial citizen suit
provision that paved the way for the most significant advancements under the law.

58. https://ecos.fws.gov/ecp/report/boxscore

59. Next, browse endangered species per state and
quick links. Just get an overview. You don’t need to
memorize this and can always come back to this.
https://www.fws.gov/program/endangered-species/species

60.  Penalties (https://www.fws.gov/laws/endangered-species-act/section-11)
 There are different degrees of violation with the law. The most punishable
offenses are trafficking, and any act of knowingly "taking" (which includes
harming, wounding, or killing) an endangered species.
 The penalties for these violations can be a maximum fine of up to $50,000 or
imprisonment for one year, or both, and civil penalties of up to $25,000 per
violation, may be assessed. Lists of violations and exact fines are available
through the U.S. Fish & Wildlife Service Endangered Species Act Section 11
Penalties and Enforcement web-site.
 One provision of this law is that no penalty may be imposed if, by a
preponderance of the evidence that the act was in self defense. The law also
eliminates criminal penalties for accidentally killing listed species during farming
and ranching activities.
 In addition to fines or imprisonment, a license, permit, or other agreement issued
by a Federal Agency that authorized an individual to import or export fish,
wildlife, or plants may be revoked, suspended or modified. Any federal hunting or
fishing permits that were issued to a person who violates the ESA can be canceled
or suspended for up to a year.

62. 1990s – reintroduced to western U.S. – moved from Canada
2000 – population recovered BUT final delisting (i.e., labelling them as NOT endangered) was
vacated (refused). So, they joined the list of endangered species. See next slide.
1967 – gray and red wolves endangered

63.  Because the U.S. Fish and Wildlife Service’s 2020 final
delisting rule was vacated, gray wolves outside of the
Northern Rocky Mountain population are now
protected under the Endangered Species Act (ESA) as
threatened in Minnesota and endangered in the
remaining states.

Critical habitat for gray wolves in Minnesota and
Michigan and the 4(d) rule for gray wolves in
Minnesota are also reinstated. Thus, any take (harass,
harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to engage in any
such conduct) of wolves without a permit or other
authorization is prohibited by federal law.

64. Bald eagle populations were negatively impacted by habitat
destruction and degradation, as well as illegal shooting and the
contamination of its food source - largely as a consequence of the
insecticide Dichlorodiphenyltrichloroethane, known as DDT.

65. The Bald Eagle was on the verge of extinction
when the federal government declared it
endangered in 1978 under the
Endangered Species Act.

66. Now that the bald eagle is no longer on the Endangered Species
list, we must ensure it is adequately protected against reckless
development and other threats that can disturb eagles and
affect their survival.

67. https://www.animalsaroundtheglobe.com/web-stories/most-endangered-
animals/
The 10 Most Endangered Animals in 2022

68. December 20, 2022

69. Endangered
Legal Relief (some,
enough?)
 But! A historic victory for
these wild animals used
for entertainment has
followed decades of hard
work: On December 6th,
2022, the U.S. Senate
passed the Big Cat Public
Safety Act, championed
by Carole and Howard
Baskin of Big Cat Rescue
and backed by PETA.

70.  There are few federal laws protecting the millions
of wild animals living in captivity in the United
States, some of whom are kept in private homes.
While some states have restricted or banned the
private possession of certain wild animals, other
states have virtually no regulations. The Big Cat
Public Safety Act ( H.R. 263/ S. 1210) addresses
this gap and prohibits the private ownership of
big cats. Big cats belong in the wild or, in
situations where captive animals can no longer
safely be returned to the wild, in accredited
sanctuaries equipped to meet their complex
physical and psychological needs.

72. Allowing untrained people to maintain big cats in their homes not only harms
animals, it threatens public safety. Lions, tigers, and other big cats are
powerful animals who can easily kill or severely injure humans. Private
ownership of big cats endangers those living in the neighborhood, as well as
first responders who are ill-equipped to handle situations where an animal has
escaped. Furthermore, it fuels the wild “pet” trade, creating a financial incentive
for people to capture big cats in the wild and breed them for the purpose of
selling the cubs.

73.  The Big Cat Public Safety Act also
makes it illegal for exhibitors (such
as circuses and zoos) to allow direct
contact with cubs. Some facilities
actually encourage visitors to interact
with cubs, such as bottle feeding
tiger cubs, for an extra fee. This
endangers both the cubs and
visitors, many of whom are children.
 Even at a young age, cubs’ teeth and
claws pose a serious safety risk.
Exhibitors may even drug the
animals to keep them docile –
sometimes on a daily basis and rarely
under the supervision of a
veterinarian, which can lead to long-
term health problems.

74.  Because cubs can only be
“handled” for a few
months, this practice
results in cubs being
prematurely weaned and
forcibly separated from
their mothers, often
resulting in long-term
psychological
repercussions. They are
then discarded around
12 weeks old to be sold
into the “pet” trade, to
roadside zoos, or even
illegally “harvested” for
their body parts.

75. But still focusing on wildlife……

76. N.Y. ENVTL. CONSERV. §11-0512 - Envtl. Conserv. Possession, sale,
barter, transfer, exchange and import of wild animals as pets prohibited

77.  Hunting and fishing rates are important to
the USFWS and state agencies because fees
collected (licenses, tags, permits) fund
wildlife related programs.

79. Federal law allows hunting and fishing on
national wildlife refuges if it is determined that
protected wildlife will not be jeopardized.

80. Non-targeted species such as dogs and cats, rabbits, river otters, geese, ducks,
hawks, owls, eagles, bears are captured in these body-gripping traps at –
refuges.
Trapping is used as a control method on
federal lands.

81. "Conservationists need to be looking at what is the next step to keep
our conservation programs and places strong and healthy," says Mary
Jean Huston, director of The Nature Conservancy in Wisconsin.
"Things need to evolve."

82. Captive hunts, also known as “canned hunts,” are the very opposite of fair
chase. Shooters at captive hunts pay to kill animals—even endangered species—
trapped behind fences.
Canned Hunts

83.  New York - Canned hunts of mammals are
legal except that "big game non-native
animals" cannot be tied, hobbled, staked or
attached to a stationary object or "confined in
a box, pen, cage or similar container of 10 or
less contiguous acres from which there is no
means for such mammal to escape". The
animal also cannot be released in front of the
person who will be shooting or spearing it.
N.Y. Envt. Con. Laws§11-1904(1)(A)(1)-(3).

84. A bill that would have banned canned hunts in New York was passed by the state
legislature but was vetoed by then Gov. George Pataki in 2003. Several subsequent
attempts to ban canned hunts in New York have also failed including a bill that would have
amended the current law and make it illegal to hunt big game non-native animals that are
"in a fenced or other area" from where there is no means of escape. It would eliminate
canned hunts of big game non-native mammals in New York state.
New York

85. Illegal in NY

86.  Internet hunting—also called remote controlled
hunting—utilizes Internet technology to allow a
computer user to hunt large game and exotic
animals from their own home.
 The controversial practice originated in San
Antonio, Texas, with the launching of the website
Live-Shot.com, which allowed hunters to shoot
animals with the click of a mouse for a fee.
Computer users aim and fire a weapon that is
mounted on a mechanized tripod at a remote
location—usually a game ranch where exotic
animals are kept penned and shot at close range.

87.  The customer signs up through the website and pays
a user fee and deposit for the animal he or she
wishes to kill. The animal is lured to a feeding station
within range of the mounted rifle.
 At one facility, the animals are fed at the same time
and place each day by people to whom they have
become accustomed.
 When the animal approaches the appointed place at
the appointed time, the desktop hunter uses the
computer mouse to line up the crosshairs and fire the
rifle. A single click of the mouse shoots the animal.
 Trophy mounts are prepared at the ranch and
shipped to the customer.

89.  The facts on fur labeling
 Congress enacted the Fur Products Labeling Act in 1951 in
response to rampant false advertising and false labeling of
animal fur garments.
 The Fur Products Labeling Act requires that animal fur
products be labeled with the name of the species used, the
manufacturer, country of origin, and other information and
prohibits the sale and advertising of fur products that have
been falsely or deceptively advertised.
 Violations of the Fur Products Labeling Act carry up to a
$5,000 fine and up to a year in prison.
 The Federal Trade Commission is tasked with enforcing
the Fur Products Labeling Act and protecting consumers
from deception.


90. 2010- Congress passed and President Obama signed the Truth in Fur Labeling
Act to strengthen the Fur Products Labeling Act and close a loophole that
previously allowed some fur trimmed garments to be sold without labels (IF
VALUED AT $150 OR LESS). The new law will help prevent false advertising by
requiring retailers to affix clear labels to the garments themselves.
Truth in Fur Labeling Act

91. HSUS Files False Advertising Suit Against Retailers for Deceptive Labeling
Practices
November 2011

92. HSUS Fur Free Action Guide
What Can You Do?

93. Protect the Seals

94. Oil and blubber
1928 – U.S. banned commercial whaling
1946 International Whale Commission – kind of a self regulation
Northern Seas – 100s of years

95. But whaling was still allowed for “scientific purposes.”
Some internal battle within IWC as to what the role should be – pro-conservation or
pro-whaling
1986 – IWC banned commercial whaling

97. Born Free, USA
For More Information