Key Laws As discussed throughout this guide, a number of different national laws and international agreements regulate international trade in wildlife and products made from threatened species. Below is a short summary of the more pertinent laws and treaties.

Photo Credit: Alaska Division of Tourism

The Endangered Species Act (ESA) (1973)

The purpose of the Endangered Species Act is to conserve "the ecosystems upon which endangered and threatened species depend" and to conserve and recover listed species. Under the law, species may be listed as either "endangered" or "threatened." Endangered means a species is in danger of extinction throughout all or a significant portion of its range. Threatened means a species is likely to become endangered within the foreseeable future. The U.S. Fish and Wildlife Service has the primary responsibility for administering the Act. For more information on the Endangered Species Act: http://endangered.fws.gov/whatwedo.html

The Lacey Act (1900)

Passed in 1900, the Lacey Act was the first federal law protecting game. Congress expanded the Act in 1935 to ban the import of species that have been taken, possessed, transported or sold in violation of foreign law. Amended again in 1981, the new version restored protection for migratory birds, which had been removed from the Act in 1969, and introduced protection for plants. For more information on the Lacey Act: http://www.access.gpo.gov/uscode/title16/chapter53_.html

The Marine Mammal Protection Act (MMPA) (1972)

In passing the MMPA in 1972, Congress addressed the concern that certain species and population stocks of marine mammals were, or may be, in danger of extinction or depletion as a result of man's activities. The MMPA established a moratorium, with certain exceptions, on the taking of marine mammals in U.S. waters and by U.S. citizens on the high seas, and on the importing of marine mammals and marine mammal products into the United States. The Act defines "take" to mean "to harass, hunt, capture, or kill, or attempt to harass, hunt, capture or kill any marine mammal." Exceptions in the act permit Native Alaskans to harvest marine mammals and use marine mammal products in Native arts, provided the animals are taken for subsistence purposes. The National Marine Fisheries Service has primary responsibility for administering the Act. For more information on the Marine Mammal Protection Act: http://www.fws.gov/habitatconservation/marine_mammals.htm and/or http://www.nmfs.noaa.gov/pr/laws/mmpa/

The Migratory Bird Treaty Act (1918)

Amended a number of times, the Migratory Bird Treaty Act prohibits taking, possessing, buying, selling, purchasing, or bartering any migratory bird. The Act’s prohibitions apply to feathers, parts, nests, and eggs of these birds. http://www.fws.gov/permits/mbpermits/regulations/mbta.html

Archaeological Resources Protection Act (1979)

The Archaeological Resources Protection Act makes it illegal to excavate, damage, remove, sell, or transport any archaeological resource more than 100 years old and located on federal public lands. Violations of ARPA may be punishable with fines of up to $250 and five years in jail. Enforcement authorities may also seize all tools, equipment or vehicles used in the commission of the offense. Rewards of up to $500 may be awarded for information leading to a civil or criminal ARPA conviction. http://www.cr.nps.gov/aad/collections/laws_03.htm

State Laws

Alaska Historic Preservation Act (1970)

This act makes it illegal to appropriate, excavate, remove, injure or destroy any historic, prehistoric or archaeological resources on state lands and provides both criminal and civil penalties. The act also covers mammoth and mastodon ivory and prehistoric animal bone. Each violation is punishable by up to $100,000 in fines under civil provisions. This act applies to all land owned or controlled by the state, including tidal and submerged lands. http://www.dnr.state.ak.us/parks/oha/index.htm

International Treaties

Convention on International Trade in Endangered Species of Wildlife Fauna and Flora (1975)

Known as CITES, the Convention on International Trade in Endangered Species of Wildlife Fauna and Flora is a comprehensive wildlife treaty that has more than 165 signatory countries, including the United States. It bans commercial international trade in an agreed-upon list of endangered species, and regulates and monitors trade in others that might become endangered. For further information please refer to: http://www.cites.org