7749

• UCREFRP Catalog Number: 7749
• Author: Kohm, K. A., ed.
• Title: Editor
• USFW Year: Series
• USFW - Doc Type: 1991
• Copyright Material: YES

The Act's History and Framework 19
An experimental population is one established outside the cur-
rent range of a species as part of an approved recovery program.
The notion behind a relaxed taking prohibition for these new
populations is that it gives FWS personnel the flexibility neces-
sary to gain the cooperation of neighboring landowners and
other government agencies. For example, problem wolves that
are reintroduced into an area and that repeatedly prey on live-
stock may be taken provided that the survival of the species and
the overall recovery program is not jeopardized. Similarly, indi-
viduals can apply to the interior secretary for permission to
engage in "incidental takings" under limited circumstances.
An incidental take is defined as "any taking otherwise prohib-
ited ... if such taking is incidental to, and not the purpose of, the
carrying out of an otherwise unlawful activity." As part of the
permit process, applicants must submit a mitigation plan de-
signed to conserve the species in question. If the secretary ap-
proves this plan and finds that the taking will not appreciably
reduce the likelihood of the survival and recovery of the species
in the wild, he may issue an incidental taking permit. As with
experimental populations, the underlying idea of this provision
is to allow for some management flexibility while maintaining
the purpose and conviction of the act.
Until-recently, the absolute restrictions on taking endangered
or threatened species did not apply to plants. In the 1988 amend-
ments, Congress added to the 1982 amendments prohibiting
private collecting of endangered plants on federal lands by fur-
therprohibiting activities that maliciously damage listed plants
on federal land or harm them on nonfederal land in violation of
state laws.
Restrictions on Trade
In addition to the taking prohibition, Section 9 imposes a blan-
ketprohibition on the import or export of an endangered species
or any products made from an endangered species. Similarly,
the act makes it unlawful to engage in commerce in endangered
species or their products or even to possess a listed species taken
in violation of the act.
Section S provides the implementation authority for CITES. It