Subject: Re: Pocket gophers (was 48)
Date: Nov 9 13:58:53 1995
From: Don Baccus - donb at Rational.COM
> Michael R. Smith:
> In 1989, a Florida man was arrested for posessing 100 Loggerhead Turtle
> eggs, fined I believe $10K.
> Shortly after (1990?) a Texas lawyer shot and killed a Whooping Crane
> while goose hunting. He turned himself in, and was fined $15K, plus
> community service.
These weren't necessarily prosecuted under the ESA, though both are
endangered. For instance, he would've been subject to prosecution
if it had been a tundra swan in Oregon, though perhaps the fine
wouldn't been as large. I suspect that possession of all sea-turtle
eggs is prohibited by, if not federal, Florida state law as they
seem pretty enthusiastic about their turtles.
I'm not saying you're wrong, only that other wildlife laws may
be the source of most convictions regarding endangered or threatened
species. Conviction under the ESA is difficult to achieve. I
believe intent to harm must be proven, unlike "shooting wrong
species in bird season" laws in most states which ignore intent.
The source of my stat was Ralph Maughan, founder of the Greater
Yellowstone Coalition, a professor of political science who
specializes in environmental politics at one of the Idaho
Universities. He may be wrong, but is normally reliable.
> I believe Dale Goble is studying law in some form or another, maybe he
> could clear this up?
I always enjoy being corrected :)
- Don Baccus, Portland OR <donb at rational.com>