accidental collecting

[Phil Bunch]

Under the Endangered Species Act (U.S.) a take is a take, period,  unless
you have a permit.  There are "incidental take permits" that cover you if
the take occurs in the course of otherwise lawful activities but you must
have the permit.  The term "take" includes harassment which can include
activities like vocalizations designed to elicit a response from a bird like
the coastal California gnatcatcher.  Removal of habitat also may constitute
a take.

It is less clear if one would be prosecuted for a first offense involving
takes resulting from the use of generally applied methods such as you
listed.  In my humble opinion the U.S. Fish and Wildlife Service (Service)
would be unlikely to take you to court but they probably could. A second or
third offense would most likely result in a prosecution.

If in doubt, contact the Service when collecting in the U.S or it's
territories.  These people are not the ogres some make them out to be. There
are some zealots that have no understanding of the realities of academic or
other activities. Most however are just trying to do their jobs which are
mandated by law and regulation. I have a fundamental respect for the work
they do.

Phil Bunch

-----Original Message-----
From: Vr. Richard Bejsak-Colloredo-Mansfeld <ricardo at ANS.COM.AU>
To: TAXACOM at USOBI.ORG <TAXACOM at USOBI.ORG>
Date: Friday, February 09, 2001 1:41 PM
Subject: accidental collecting


>This is interesting message I like to know if in US or in YOUR country make
>you problems if you accidentally collect specimen by using traps (light
>traps, pit fall traps, sticky traps, malaise traps etc..).
>
>Vratislav
>
>----- Original Message -----
>From: Phil Bunch <pbunch at CTS.COM>
>
> I would add a few comments. Some states, California for example, have
> laws and regulations that affect collecting.
>
> A web search for the U.S. Fish and Wildlife Service (Service) may turn
> up some useful information.  I work with these people on nearly a
> daily basis and you may be surprised at the pit falls.  There's a
> potential $50,000 fine and one year in jail for collecting a species
> listed as threatened or endangered by the Service. Critters have more
> protection than plants.  Endangered plants on private lands
> (non-federal) are not directly protected under the Endangered Species
> Act of 1973 (as revised).  If there is Federal nexus (funding ?), they
> may have a hook.
>
> In addition, the Service enforces the CITES treaty. There's a big hook
> in that one if you bring specimens across the border.  If you bring
> specimens in from Mexico they may (will?) require you to have a
> collecting permit from the Mexican government regardless of the status
> of the plant.  I know this from personal experience.
>
> I would be glad to communicate with the Service folks I work with and
> see if they could provide some input.
>
> Phil Bunch
>