WHAT IS PROHIBITED BY THE ENDANGERED SPECIES ACT?

The U.S. Endangered Species Act was passed on December 28, 1973, to prevent the extinction of many species of animals and plants. It places restrictions on a wide range of activities involving endangered and threatened animals and plants to help ensure their continued survival. With limited exceptions, the Act prohibits activities with these protected species unless authorized by a permit from the U.S. Fish and Wildlife Service.

Without a permit, it is unlawful for any person subject to the jurisdiction of the United States to commit, attempt to commit, solicit another to commit, or cause to be committed any of the following activities.

For All Endangered and Most Threatened Wildlife

- Import or Export

- Deliver, receive, carry, transport, or ship in interstate or foriegn commerce in the course of commercial activity.

- Sell or offer for sale in interstate or foriegn commerce.

- Take within the United States and its territorial seas or upon the high seas("take" means to harm, harass, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct).

- Possess, ship, deliver, carry, transport, sell, or recieve unlawfully taken wildlife.

The prohibitions apply equally to live or dead animals, thier progeny, and parts or products derived from them.

PERMIT EXEMPTIONS - Loans and Gifts: Lawfully taken and held endangered and threatened species may be shipped interstate as a bona fide gift or loan if there is no barter credit, other form of compensation, or intent to profit or gain. a standard breeding loan, when no money or other consideration changes hands but some offspring are returned to the lender of a breeding animal, is not considered a commercial activity and, thus, is not prohibited by the Act and does not require a permit. Documentation of such an activity should accompany the shipment.

The above information is from the United States Department Of The Interior - Fish and Wildlife Service. It accompanied my U.S.D.I permit application. You can call 1-800-358-2104 for further information.

You will notice that it is only illegal if the animal is moved to another state for profit. If you legally own the animal, and move to another state and take them with you, you should have no problems as long as you do not offer the animal for sale.

Michael Zito jr
The Primate Conservancy

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