Protection Information
Why Do Least Terns and Piping Plovers Need Protection?
The Federal Endangered Species Act
Interior Least Tern and Piping Plover Protection in Nebraska
Consequences
Special Agent Contact Information
Why Do Least Terns and Piping Plovers Need Protection?
Unfortunately, the population of Interior Least Terns and Piping Plovers have declined to such low numbers that legal protection is required to ensure their continued existence in Nebraska and elsewhere. It is important to understand the laws that protect them and why they are in place. Actions that seem trivial to us, such as flushing birds off of nests, can have serious consequences for the birds. When a species declines to the point that they have legal protection, they need every opportunity to reproduce, so disturbing the birds in any way can be considered harassment. Both Least Terns and Piping Plovers are protected species under the federal Endangered Species Act, the federal Migratory Bird Treaty Act, and the Nebraska Nongame and Endangered Species Conservation Act.
The Tern and Plover Conservation Partnership works to proactively avoid conflicts and will assist in any way necessary to help individuals avoid unlawful activities.
The Endangered Species Act was passed by Congress and became effective on December 28, 1973.
Congress found and declared:
1) various species of fish, wildlife, and plants in the United States have been rendered extinct as a consequence of economic growth and development untempered by adequate concern and conservation;
2) other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinction;
3) these species of fish, wildlife, and plants are of esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people;
4) the United States has pledged itself as a sovereign state in the international community to conserve to the extent practicable the various species of fish or eildlife and plants facing extinction, pursuant to the many treaties and Conventions that the U.S. Government is a party to;
5) encouraging the States and other interested parties, through Federal financial assistance and a system of incentives, to develop and maintain conservation programs which meet national and international standards is a key to meeting the Nation's international commitments and to better safeguarding, for the benefit of all citizens, the Nation's heritage in fish, wildlife, and plants.
Congress set policy as:
1) It is further declared to be the policy of Congress that all Federal departments and agencies shall seek to conserve endangered species and threatened species and shall utilize their authorities in furtherance of the purposes of this Act.
2) It is further declared to be the policy of Congress that Federal agencies shall cooperate with State and local agencies to resolve water resource issues in concert with conservation of endangered species.
Prohibited Acts
16 U.S.C. 1538(a) (1)(B) - Except as provided in sections 6(g)(2) and 10 of this Act with respect to any endangered species of fish or wildlife listed pursuant to section 4 of this Act, it is unlawful for any person subject to the jurisdiciton of the United States to take any such species within the United States or the territorial sea of the United States.
16 U.S.C. 1538(a)(1)(D) - possess, sell, deliver, carry, transport, or ship, buy any means whatsoever, any such species taken in violation of subparagraphs (B) and (C).
Definintions
The term "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct.
Criminal Violations
Any person who knowingly violates any provision of this Act, or of any regulation issued in order to implement the Act shall, upon conviction, be fined not more than $100,000.00 or imprisoned for not more than one year, or both. (The fine amount doubles to $200,000.00 for any corporation.)
Civil Penalties
Any person who knowingly violates any provision of this Act or any regulation issued in order to implement the Act may be assess a civil penalty by the Secretary of not more than $25,000.00 for each violation. Each violation shall be a separate violation.
Forfeitures
All guns, traps, nets, and other equipment, vessels, vehicles, aircraft, and other means of transportation used to aid the taking, possessing, selling, puchasing, offering or sale or puchase, transporting, delivering, receiving, carrying, shipping, exporting, or importing of any fish or wildlife or plants in violation of this Act, and regulation made pursuant thereto, or any permit or certificate issued thereunder shall be subject to forfeiture to the United States upon conviction of a criminal violation pursuant to section 11(b)(1) of this Act.
Rewards
The Secretary or the Secretary of the Treasury shall pay, from sums received as penalties, fines, or forfeitures of property for any violation of this Act or any regulation issued hereunder 1) a reward to any person who furnishes information which leads to an arrest, a criminal conviction, civil penalty assessment, or forfeiture of property for any violation of this Act or any regulation issued hereunder.
Interior Least Tern and Piping Plover Protection in Nebraska
Nebraska's Laws
It is the intent of Nebraska’s law to “conserve species of wildlife for human enjoyment, for scientific purposes and to insure there perpetuation as viable components of their ecosystems.” (Neb. Stat 37-903).
“The legislature hereby declares that nongame, threatened and endangered species have need of special protection and that it is in the public interest to preserve, protect, perpetuate and enhance such species of this state through preservation of a satisfactory environment and an ecological balance.” (Neb. Stat 37-804)
The law protects the birds from harassment, harm, pursuit, hunting, wounding, killing, trapping, capturing, and collecting, all of which are considered “take”.
The law clearly places the responsibility on the individual to avoid actions which may have negative effects on these birds and applies whether the individual is on public or private property. Penalties for violating the state law include fines and potential imprisonment, so if Least Terns and Piping Plovers are nesting in an area where you frequent, recreate, or work, it is important that you understand how your actions can harm the birds.
Consequences
The protection of Interior Least Terns and Piping Plovers in Nebraska and surrounding states is a high priority of the U.S. Fish and Wildlife Service, Office of Law Enforcement.
Any and all suspected violations of the Act will be thoroughly investigated and all violations will be reviewed for possible prosecution.
It is the policy of the Office of Law Enforcement and its Special Agents assigned to Nebraska to make every effort to work with the general public and industry to avoid conflicts with endangered species and the need for enforcement action.
All intentional violations of the law will be investigated and any and all equipment, vehicles, and/or boats involved in the violation will be seized.
The citizens of Nebraska are encouraged to take an active role in the protection of their natural resources and report all violations that they have knowledge of. Rewards of up to $5,000.00 have been paid in Nebraska for information that led to the arrest and conviction of person(s) unlawfully taking endangered species.
Information can be forwarded to the following Special Agents:
Mark A. Webb, Special Agent
U.S. Fish and Wildlife Service
Office of Law Enforcement
8200 Cody Drive, Suite H
Lincoln, NE 68512
402-423-0062 |
Mike Damico, Special Agent
U.S. Fish and Wildlife Service
Office of Law Enforcement
P.O. Box 1086
North Platte, NE 69103
308-534-0925
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Or contact Nebraska's Wildlife Crimestoppers, toll free number,
1-800-742-7627. Callers can remain anonymous.
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