Cornell Science Inquiry Partnerships
Cornell University
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Background Information Pertaining to the Endangered Species Act:
LEGISLATION BEFORE 1973
1. The Lacey Act (May 25, 1900)
a. “the act made it illegal for anyone to transport birds across state boundaries if such
specimens had been taken in violation of any other law in the nation” (Czech and
Krausman 2001, 16)
b. The act was amended several times, including in 1981, 1984, & 1988. The last
remaining piece of the act still in effect is 16 U.S.C. § 701:
i. Sec. 701. - Game and wild birds; preservation The duties and powers of the
Department of the Interior include the preservation, distribution, introduction,
and restoration of game birds and other wild birds. The Secretary of the
Interior is authorized to adopt such measures as may be necessary to carry out
the purposes of this Act, and to purchase such game birds and other wild birds
as may be required therefor, subject, however, to the laws of the various States
and Territories. The object and purpose of this Act is to aid in the restoration
of such birds in those parts of the United States adapted thereto where the
same have become scarce or extinct, and also to regulate the introduction of
American or foreign birds or animals in localities where they have not
heretofore existed.
ii. The Secretary of the Interior shall from time to time collect and publish useful
information as to the propagation, uses, and preservation of such birds.
iii. And the Secretary of the Interior shall make and publish all needful rules and
regulations for carrying out the purposes of this Act, and shall expend for said
purposes such sums as Congress may appropriate therefore.
2. The Migratory Bird Conservation Act: February 18, 1929
a. The act established the Migratory Bird Conservation Commission, which reviewed
lands for purchase by the DOI to protect waterfowl habitat. This Act was amended in
1935, 1961, 1962, 1966-1968, 1970, 1973, 1976, 1978, 1983, 1984, 1986, 1988 and
1989.
b. The Act Survives today in 16 USC §§715-715r
c. Sec. 715a. - Migratory Bird Conservation Commission; creation; composition; duties;
approval of areas of land and water recommended for purchase or rental
A commission to be known as the Migratory Bird Conservation Commission,
consisting of the Secretary of the Interior, as chairman, the Administrator of the
Environmental Protection Agency, the Secretary of Agriculture and two Members of
the Senate, to be selected by the President of the Senate, and two Members of the
House of Representatives to be selected by the Speaker, is created and authorized to
consider and pass upon any area of land, water, or land and water that may be
recommended by the Secretary of the Interior for purchase or rental under this
subchapter, and to fix the price or prices at which such area may be purchased or
rented; and no purchase or rental shall be made of any such area until it has been duly
approved for purchase or rental by said commission. Any Member of the House of
Representatives who is a member of the commission, if reelected to the succeeding
Congress, may serve on the commission notwithstanding the expiration of a
Congress. Any vacancy on the commission shall be filled in the same manner as the
original appointment. The ranking officer of the branch or department of a State to
which is committed the administration of its game laws, or his authorized
representative, and in a State having no such branch or department, the governor
thereof, or his authorized representative, shall be a member ex officio of said
commission for the purpose of considering and voting on all questions relating to the
acquisition, under this subchapter, of areas in his State. For purposes of this
subchapter, the purchase or rental of any area of land, water, or land and water
includes the purchase or rental of any interest in any such area of land, water, or land
and water
3. The Bald Eagle Protection June 8, 1940
a. Established an important precedent, which was to make it illegal to “take” an
imperiled species. The law was amended in 1959, 1962, 1972, and 1978 and survives
today as 16 U.S.C. §§ 668-668d.
b. Sec. 668a-668b - Bald and golden eagles
(a) Prohibited acts; criminal penalties
Whoever, within the United States or any place subject to the jurisdiction thereof, without
being permitted to do so as provided in this subchapter, shall knowingly, or with wanton disregard
for the consequences of his act take, possess, sell, purchase, barter, offer to sell, purchase or barter,
transport, export or import, at any time or in any manner any bald eagle commonly known as the
American eagle or any golden eagle, alive or dead, or any part, nest, or egg thereof of the
foregoing eagles, or whoever violates any permit or regulation issued pursuant to this subchapter,
shall be fined not more than $5,000 or imprisoned not more than one year or both: Provided, That
in the case of a second or subsequent conviction for a violation of this section committed after
October 23, 1972, such person shall be fined not more than $10,000 or imprisoned not more than
two years, or both: Provided further, That the commission of each taking or other act prohibited by
this section with respect to a bald or golden eagle shall constitute a separate violation of this
section: Provided further, That one-half of any such fine, but not to exceed $2,500, shall be paid to
the person or persons giving information which leads to conviction: Provided further, That nothing
herein shall be construed to prohibit possession or transportation of any bald eagle, alive or dead,
or any part, nest, or egg thereof, lawfully taken prior to June 8, 1940, and that nothing herein shall
be construed to prohibit possession or transportation of any golden eagle, alive or dead, or any
part, nest, or egg thereof, lawfully taken prior to the addition to this subchapter of the provisions
relating to preservation of the golden eagle.
(b) Civil penalties
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Whoever, within the United States or any place subject to the jurisdiction thereof, without
being permitted to do so as provided in this subchapter, shall take, possess, sell, purchase, barter,
offer to sell, purchase or barter, transport, export or import, at any time or in any manner, any bald
eagle, commonly known as the American eagle, or any golden eagle, alive or dead, or any part,
nest, or egg thereof of the foregoing eagles, or whoever violates any permit or regulation issued
pursuant to this subchapter, may be assessed a civil penalty by the Secretary of not more than
$5,000 for each such violation. Each violation shall be a separate offense. No penalty shall be
assessed unless such person is given notice and opportunity for a hearing with respect to such
violation. In determining the amount of the penalty, the gravity of the violation, and the
demonstrated good faith of the person charged shall be considered by the Secretary. For good
cause shown, the Secretary may remit or mitigate any such penalty. Upon any failure to pay the
penalty assessed under this section, the Secretary may request the Attorney General to institute a
civil action in a district court of the United States for any district in which such person is found or
resides or transacts business to collect the penalty and such court shall have jurisdiction to hear and
decide any such action. In hearing any such action, the court must sustain the Secretary's action if
supported by substantial evidence.
4. Endangered Species Preservation Act of 1966: Directs federal agencies to protect endangered
species whenever practicable.
5. Endangered Species Conservation Act of 1969: Extended the ESPA of 1966 to invertebrates.
References:
Baur, Donald C., and WM. Robert Irvin, eds. 2002. Endangered Species Act: Law, Policy,
and Perspectives. Chicago: American Bar Association.
Czech, Brian, and Paul R. Krausman. 2001. The Endangered Species Act: History,
Conservation, Biology, and Public Policy. Baltimore: Johns Hopkins University
Press.
Easley, P. Stephanie, Jason P. Holtman, Janine Scancarelli, and Brian A. Schmidt, eds.
2001. The Endangered Species Act, Stanford Environmental Law Society Handbook.
Stanford: Stanford University Press.
This material was developed through the Cornell Science Inquiry Partnership program (http://csip.cornell.edu), with support
from the National Science Foundation’s Graduate Teaching Fellows in K-12 Education (GK-12) program (DGE # 0231913 and #
9979516) and Cornell University. Any opinions, findings, and conclusions or recommendations expressed in this material are
those of the author(s) and do not necessarily reflect the views of the NSF.
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