Rare butterfly
Kenelm Philip
fnkwp at aurora.alaska.edu
Sun Aug 9 19:19:05 EDT 1998
John Grehan inquired, re collecting prohibited butterflies:
> I am trying to find out who if anyone has any responsibility over such
> matter in the US Fish and Wildlife Service.
F&WS has an enforcement division, which has the unenviable task of enforc-
ing the myriad of laws and regulations concerning wildlife. In the case
of insects, that's the Lacey Act, the Endangered Species Act, and the
thick stack of F&WS regulations called '50 CFR'. In most cases, a phone
call to the nearest F&WS enforcement office will produce for you copies
of all the above--they make interesting (if somewhat appalling) reading.
Unfortunately, many of the fine points in these regulations are
subject to the interpretation of the enforcing officer, and will have to
be worked out in the courts (at the expense of the person charged with
a violation). The only totally safe way to proceed, if there are any
questions, is to get approval _in writing_ from your local F&WS office
_before_ you do something that these regulations have a bearing on.
In my personal opinion, the extension of the language of the
Lacey Act (in 1981) to cover "all wildlife" (including insects, protozoa,
and what have you) was a grave mistake and has impeded the progress of
science. However, we are stuck with it now, and things may get worse
before they get better, if ever. You may envy the botanists: the Lacey
Act also applies to plants--BUT the word 'plant' is defined to include
_only_ wild plants native to the US which are listed under CITES or
protected by state law. All other plants are unaffected. I can live with
that--and wish the same applied to insects.
Ken Philip
fnkwp at uaf.edu
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