The Endangered Species Act
The Endangered Species Act (ESA) is a federal law protecting threatened and endangered animals and plants. The primary federal agencies for implementing ESA are the U.S. Fish and Wildlife Service (FWS) and the U.S. National Oceanic and Atmospheric Administration Fisheries Service (NOAA). Protected species include birds, insects, fish, reptiles, mammals, crustaceans, flowers, grasses, and trees. The law prohibits any action that causes a “taking” of any listed species of an endangered species. Further the import, export, interstate, and foreign commerce of listed species are generally prohibited.
Section 9 of the Act prohibits certain activities that directly or indirectly affect endangered species. These prohibitions apply to all individuals, organizations, and agencies subject to United States jurisdiction.
UNLAWFUL ACTS: It is illegal for any person “to take” (includes harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect; or to attempt any of these), import or export, ship in interstate or foreign commerce in the course of commercial activity, or sell or offer for sale in interstate or foreign commerce any endangered fish or wildlife species and most threatened fish and wildlife species.
If you have received a notice of violation from NOAA, FWS or any other federal or state agency, you may be facing civil, criminal and administrative penalties.At the Law Office of Patrick Flanigan, attorney Patrick Flanigan helps clients nationwide with these issues and have experience protecting his clients from civil, criminal and administrative actions.
Experienced Counsel for Sale, Trade and Transportation of Wildlife, Fish and Plants
Attorney Patrick Flanigan understands the impact a violation can have on your livelihood and your earnings. He is a former commercial scallop fisherman, deck hand, cook, engineer, first mate, boat captain, and vessel owner. This perspective allows him, to provide straightforward advice and guidance to clients facing violations under the ESA, CITES, and various other laws whether international, federal, or state.
Contact lawyer Patrick Flanigan online or call us at 484-904-7795 to schedule your free and confidential initial consultation. For your convenience, he offers evening and weekend consultations. Contingent, hourly and other negotiated fee structures are available and may be customized to your needs.