Office of Management Authority s 4401 N. Fairfax Drive s Room 700s Arlington, Virginia 22203

Phone 703.358.2104 or 1.800.358.2104 s Fax 703.358.2281

Internet HTTP://www.fws.gov/r9dia/index.html

Fact Sheet Series s (3/98)

T

he U.S. Endangered Species

Act (Act) was passed to prevent

the extinction of native and foreign

animals and plants by providing

measures to help alleviate the loss

of species and their habitats. With

some exceptions, the Act prohibits

activities with these protected

species unless authorized by a

permit from the U.S. Fish and

Wildlife Service (Service).

An “endangered species” is an

animal or plant listed by regulation

as being in danger of extinction. A

“threatened species” is any animal

or plant likely to become endangered in the near future.

WHAT YOU NEED TO KNOW...

...About the U.S. Endangered

Species Act

WHAT ACTIVITIES ARE PROHIBITED?

Without a permit, it is unlawful to

import or export; deliver, receive,

carry, transport, or ship in interstate

or foreign commerce in the course

of a commercial activity; sell or

offer for sale in interstate or foreign

commerce; take (includes harm,

harass, pursue, hunt, shoot, wound,

kill, trap, capture, or collect any

wildlife within the U.S.); take on

the high seas; possess, ship, deliver,

carry, transport, sell, or receive unlawfully taken wildlife; remove and

reduce to possession any plant from

areas under Federal jurisdiction;

maliciously damage or destroy an

endangered plant on areas under

Federal jurisdiction; and remove,

cut, dig up, damage or destroy any

endangered plant in knowing

violation of any State law or regulation, or in violation of a State

criminal trespass law.

The prohibitions apply equally to

live or dead animals or plants, their

progeny (seeds in the case of

plants), and parts or products

derived from them.

WHAT ARE THE DIFFERENT TYPES OF

PERMITS?

Endangered species permits may

be issued for the following activities: scientific research; enhancement of propagation or survival of

the species, including conservation

education for living wildlife;

incidental taking; and economic

hardship situations.

Threatened species permits may be

issued for all the activities listed

above, as well as: zoological,

horticultural, or botanical exhibition; education; and special

purposes consistent with the Act.

Captive-bred wildlife permits may

be issued to a person registered

with the Service to buy and sell

within the U.S. live, non-native endangered or threatened animals

which were captive born in the U.S.

for enhancement of species propagation, provided the other person

is registered for the same species.

A separate permit is needed to import or export such species. See

Office of Management Authority

(OMA) Captive-bred Wildlife Registration fact sheet.

Pets. Permits are not issued to keep

or breed endangered or threatened

animals as pets. Using protected

species as pets is not consistent with

the purposes of the Act, which is

aimed at conservation of the species

and recovery of wild populations.

WHERE DO I APPLY FOR A PERMIT?

Permit applications and instructions may be obtained from OMA.

An application processing fee is required, and applicants should allow

at least 90 days for processing. Permit applications for incidental take,

interstate commerce or take of

native species are processed by the
Office of Management Authority s 4401 N. Fairfax Drive s Room 700 s Arlington, Virginia 22203

Phone 703.358.2104 or 1.800.358.2104 s Fax 703.358.2281

Internet HTTP://www.fws.gov/r9dia/index.html

Fact Sheet Series s (3/98)

WHAT YOU NEED TO KNOW...About the U.S. Endangered Species Act

Regional Offices—contact OMA

for addresses.

WHAT SITUATIONS ARE EXEMPT FROM THE

PROHIBITIONS OF THE ACT?

Pre-Act. Species held in captivity

or in a controlled environment on

(a) December 28, 1973, or (b) the

date of publication in the Federal

Register for final listing, whichever

is later, are exempt from prohibitions of the Act, provided such

holding or any subsequent holding

or use of the specimen was not in

the course of a commercial activity

(any activity that is intended for

profit or gain). An affidavit and

supporting material documenting

pre-Act status must accompany the

shipment of listed species. A preAct exemption does not apply to

wildlife, including parts and

products, offered for sale. Any

endangered or threatened specimens born in captivity from preAct parents are fully protected and

are not considered pre-Act.

Antiques. Antiques, including

scrimshaw, can be imported into

the U.S. if accompanied by documentation that shows the article is

at least 100 years old and has not

been repaired or modified with any

part of an endangered or threatened

species since December 28, 1973.

Such antiques must enter through

a U.S. Customs Service port. If the

antique contains any species listed

under the Convention on International Trade in Endangered Species

of Wild Fauna and Flora (CITES),

the shipment must be accompanied

by a Pre-Convention Certificate.

Special Rules. If a species is listed

as threatened or as an experimental

population, special rules designated

to cover unique situations may allow otherwise prohibited activities.

Some species covered by special

rules include several primates,

African elephant, American alligator, Nile crocodile, and leopard.

Intrastate Commerce. Commercial

activities involving legally acquired

endangered or threatened species

that take place entirely within one

State by State residents are not

prohibited by the Act. However,

many States have their own laws

which regulate activities involving

protected species. Contact the

appropriate State agency before

undertaking activities involving

endangered or threatened wildlife

and plants.

Offer for Sale. Endangered and

threatened species may be advertised for sale provided the advertisement states that no sale may be

consummated until a permit has

been obtained from the Service.

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,

where 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 shipment.

Hybrids. Hybrids are offspring of

animals or plants where each parent is from a different species/

subspecies and where at least one

parent is listed under the Act. Hybrid offspring of animals bred or

propagated in captivity are not

protected by the Act. It is recommended that breeding records be

maintained to show parentage and

hybrid status. Other laws such as

the Migratory Bird Treaty Act

(MBTA) and CITES consider

hybrids protected.

Raptors. Prohibitions under the Act

do not apply to any endangered or

threatened raptors (except the bald

eagle) legally held in captivity on

November 10, 1978, or to any

progeny of such birds provided they

are possessed and banded under the

terms of a MBTA permit and are

identified in the earliest annual report required by the permit.

Seeds from Artificially Propagated

Threatened Plants. No permits are

required for prohibited activities for

seeds from artificially propagated

specimens of threatened plants.

However, seeds must be accompanied by a label stating that they are

of cultivated origin.

WHAT OTHER OFFICE ISSUES PERMITS FOR

ENDANGERED OR THREATENED SPECIES?

The National Marine Fisheries

Service (NMFS) has jurisdiction

over certain listed aquatic species,

including marine species such as

whales and seals. NMFS has jurisdiction for sea turtles while in the

water and the Service for sea turtles

while on land.

WHAT OTHER LAWS APPLY?

Depending on the species involved,

other requirements may need to be

met under CITES, the MBTA, the

Eagle Protection Act, the Wild Bird

Conservation Act, the Marine

Mammal Protection Act, and the

Lacey Act.