['Species Protection']
['Species Protection', 'Endangered Species']
04/07/2024
...
States have very specific species protections laws. They often vary in severity of penalty for taking protected species. Use this table to determine your state regulating agency for species protection and what each state covers in relation to this topic.
Federal regulatory citation
State comparison
State | Adherence to Federal Regulations | State Regulatory Citation | State Description/Penalty |
---|---|---|---|
Alabama | Follows federal | None | N/A |
Alaska | State program | AS 16.20.180 to AS 16.20.210 | A person who, without a permit issued under AS 16.20.195, harvests, injures, imports, exports, or captures a species or subspecies of fish or wildlife listed under AS 16.20.190, is guilty of a misdemeanor. |
Arizona | State program | A.R.S. §17-301 to §17-373 | The commission may impose a civil penalty against any person for unlawfully taking, wounding, killing or possessing any endangered species animal of $8,000. |
Arkansas | State program | A.C.A. §15-45-301 | Not specified |
California | State program | 14 CA ADC §670.1- §670.7 | In setting the civil penalties, the qualified referee or hearing board will base the penalty upon the fair market value of the item(s) plus the amounts for the items listed. If no fair market value exist for the item, the Department may use any generally accepted valuation methodology generally in use at the time plus the amounts listed: Threatened, endangered, fully protected, specially protected and rare insects and animals: $400 -$10,000 and threatened, endangered, or rare plants: $400-$5,000 |
Colorado | State program | C.R.S. §33-2-101 - 108 | (1) It is unlawful for any person to hunt, take, or have in such person's possession any wildlife that is the property of this state except as permitted by articles 1 to 6 of this title or by rule or regulation of the commission. (2) It is unlawful for any person to have in his possession in Colorado any wildlife, as defined by the state or country of origin, that was acquired, taken, or transported from such state or country in violation of the laws or regulations thereof. A person who violates subsection (1) or (2) of this section is guilty of a misdemeanor and, depending upon the wildlife involved, shall be punished upon conviction by a fine or imprisonment, or both, and license suspension points or suspension or revocation of license privileges as follows: (a) For each animal listed as endangered or threatened, a fine of not less than two thousand dollars and not more than one hundred thousand dollars, or by imprisonment for not more than one year in the county jail, or by both such fine and such imprisonment, and an assessment of twenty points. |
Connecticut | State program | Ch. 495 Sec. 26-303 to 26-316 | It is unlawful for : (1) any person to wilfully take any endangered or threatened species on or from public property, waters of the state or property of another without the written permission of the owner on whose property the species occurs; (2) any person, including the owner of the land on which an endangered or threatened species occurs, to wilfully take an endangered or threatened species for the purpose of selling, offering for sale, transporting for commercial gain or exporting such specimen; (3) any state agency to destroy or adversely modify essential habitat designated, so as to reduce the viability of the habitat to support endangered or threatened species or so as to kill, injure, or appreciably reduce the likelihood of survival of the species. |
Delaware | State program | §601 of Title 7 | The Division shall pay up to $1,000 for information leading to the arrest and conviction of any person found guilty of: Killing an endangered species or a species classified as a threatened species in accordance with the Endangered Species Act of 1973. |
District of Columbia | State program | Chapter: 19-15 | Except when otherwise provided by statute, a person violating a provision of §§ 1565-1577 shall be fined according to the schedule set forth in Title 16 of the District of Columbia Municipal Regulations. |
Florida | State program | 379.2291 Endangered and Threatened Species Act | A person may not intentionally kill or wound any fish or wildlife species designated by the commission as endangered, threatened, or of special concern, or intentionally destroy the eggs or nest of any such fish or wildlife, unless authorized by rules of the commission. A person who violates this section commits a Level Four violation (a felony of the third degree) under s. 379.401. |
Georgia | State program | O.C.G.A. §27-3 | Any person who violates any rule or regulation promulgated by the board pursuant to this article shall be guilty of a misdemeanor. |
Hawaii | State program | H R S §195D-1 to §195D-32 | Any person who violates any of the provisions of this chapter [or] the provisions of any rule adopted hereunder shall be guilty of a misdemeanor and shall be punished as follows: A fine of $5,000 for each specimen of a threatened species and $10,000 for each specimen of an endangered species intentionally, knowingly, or recklessly killed or removed from its original growing location, shall be levied against the convicted person. |
Idaho | State program | I.C. §36-2401 - 2405 | Not specified |
Illinois | State program | 520 ILCS 10 | Any person who violates any provision of this Act shall be guilty of a Class A misdemeanor. |
Indiana | State program | IC 14-22-34 | Except as otherwise provided in this chapter, a person may not take, possess, transport, export, process, sell or offer for sale, or ship, and a common or contract carrier may not knowingly transport or receive for shipment an endangered species or subspecies of wildlife, if they do it is a Class A misdemeanor. |
Iowa | State program | 571 IAC chapter 77 | Whoever violates any of the provisions of this chapter shall be guilty of a simple misdemeanor. |
Kansas | State program | K.S.A. 32-957 to 963 | Except as otherwise specifically provided or in a special permit issued the intentional taking of any threatened or endangered species indigenous to this state, which has been determined by the secretary and is included in a list of such threatened or endangered species, shall constitute unlawful taking. |
Kentucky | State program | 301 KAR 3:061 | Any person who violates any of the provisions shall be fined not less than one $100 nor more than $500 or imprisoned for not more than 6 months, or both. |
Louisiana | State program | RS 56:1901- 1907 | Any violation of the provisions of this Part or any regulation adopted pursuant to the provisions of this Part shall constitute a class six violation punishable under the provisions of R.S. 56:36: For each offense, the fine shall be not less than $900 nor more than $950, or imprisonment for not more than 120 days, or both, and shall include the forfeiture to the commission of anything seized in connection with the violation. |
Maine | State program | Ch 925 §12801 -12810 | A person who violates any of the following through NEGLIGENCE commits a Class E crime, for which a fine of $1,000 must be adjudged, none of which may be suspended. A person who violates any of the following INTENTIONALLY commits a Class D crime, for which a fine of $2,000 must be adjudged, none of which may be suspended: 1. Imports into the State or export out of the State any endangered or threatened species. 2. Hunt, take, trap, harass or possess any endangered or threatened species within the State. 3. Possess, process, sell, offer for sale, deliver, carry, transport or ship, by any means whatsoever, any endangered or threatened species or any part of an endangered or threatened species. 4. Feed or set bait for any endangered or threatened species. |
Maryland | State program | COMAR 08.02.12 and 10-2A-01 - 09 | Any person who violates the provisions of §10-2A-05 of this subtitle, fails to procure any permit required, or violates the terms of any permit shall be fined not more than $1,000 or be imprisoned not more than 1 year, or both. |
Massachusetts | State program | 321 CMR 10.00 | Unauthorized taking, possession, and/or sale of species on the state or federal lists shall be punished by a fine of not less than $500 or imprisonment for not more than 90 days or both. For a 2nd offense a person shall be punished by a fine of not less than $5,000 nor more than $10,000 or by imprisonment for not more than 180 days or both. |
Michigan | State program | Section 324.36501 to 324.36507 | A person who violates this part or who fails to procure any permit required under this part is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, or a fine of not more than $1,000 or less than $100, or both. |
Minnesota | State program | Sec. 84.0895 MN Statutes | A violation of this section is a misdemeanor. |
Mississippi | State program | §49-5-101 to §49-5-119 | Any person who violates the provisions of subsection (c) of Section 49-5-109 (Designation and protection of endangered species), or any regulations issued pursuant thereto or whoever fails to procure or violates the terms of any permit issued under subsections (d) and (e) of Section 49-5-111 (Programs; permission to remove, capture or destroy endangered species) is guilty of a Class I violation and is punishable as provided under Section 49-7-141: fined not less than $2,000 nor more than $5,000 and shall be imprisoned in the county jail for 5 days. |
Missouri | State program | V.A.M.S. 252.020, 252.235, 252.240 | Any person violating the provisions of this section is guilty of a Class B misdemeanor. |
Montana | State program | 87-5-101 to 87-5-132 | Any person who violates the provisions of this part or whoever fails to procure or violates the terms of any permit issued thereunder shall be guilty of a misdemeanor. Upon a first conviction for a violation under this part, the court may fine the defendant not to exceed $250. Upon a second such conviction, the defendant may be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 30 days, or both. Upon subsequent such convictions, the defendant shall be fined not less than $500 or more than $1,000 and in addition may be imprisoned in the county jail for any term not to exceed 6 months. |
Nebraska | State program | §37-801 to §37-811 | Any person who violates the provisions of subsection (3) of section 37- 805 (Commission; develop conservation programs; unlawful acts.) or any regulations issued in implementation thereof or whoever fails to procure or violates the terms of any permit issued shall be guilty of a Class II misdemeanor. |
Nevada | State program | NRS 503.584 to NRS 503.589 | Any animal so declared to be threatened with extinction must be placed on the list of fully protected species, and no member of its kind may be captured, removed or destroyed at any time by any means except under special permit issued by the Department. |
New Hampshire | State program | Section 212-A:1 to Section 212-A:16 | Any person who violates the provisions of RSA 212-A:7, I, or any rule issued pursuant to RSA 212-A:6, IV or whoever fails to procure any permit required by RSA 212-A:7, II or violates the terms of any such permit shall be guilty of a misdemeanor. |
New Jersey | State program | NJSA 23:2A-1 to 23:2A-1:16 | The commissioner is authorized to assess a civil administrative penalty of not more than $25,000 for each violation of the provisions of P.L.1973, c.309, and each day during which each violation continues shall constitute an additional, separate, and distinct offense. |
New Mexico | State program | N. M. S. A. 1978, § 17-2-37 to 17-2-46 | Any person who violates the provisions of Subsection C of Section 17-2-41 (Endangered species) NMSA 1978, or any regulations issued pursuant to that section is guilty of a misdemeanor and upon conviction shall be fined $1,000 or imprisoned for a term of not less than 30 days nor more than 1 year, or both. |
New York | State program | 6 NYCRR Part 182 | Any person who violates this Part or any license, permit or order issued by the department pursuant to section 11-0535 of the Environmental Conservation Law or pursuant to the provisions of this Part may be liable for all penalties and other remedies provided for in the Environmental Conservation Law. Such penalties and remedies may be in addition to any other penalty or remedy available under any other law. |
North Carolina | State program | N.C.G.S.A. §113-331 to 113-350 | It is unlawful: (1) To take, possess, transport, sell, barter, trade, exchange, export, or offer for sale, barter, trade, exchange or export, or give away for any purpose including advertising or other promotional purpose any animal on a protected wild animal list, except as authorized according to the regulations of the Commission, including those promulgated pursuant to G.S. 113-333(1); (2) To perform any act specifically prohibited by the regulations of the Commission promulgated pursuant to its authority under G.S. 113-333. (b) Each person convicted of violating the provisions of this Article is guilty of a Class 1 misdemeanor. |
North Dakota | State program (in progress) | https://roar-assets-auto.rbl.ms/documents/19243/NDStatePlanEndangeredSpeciesDraft2018.pdf | Submitted North Dakota Endangered Species Protection Program for Pesticides to EPA in 2018 (under review) |
Ohio | State program | Section 1518.01 to Section 1518.99 | (A) Whoever violates section 1518.02 (Injuring or removing endangered or threatened plant) of the Revised Code is guilty of a minor misdemeanor. (B) Whoever violates section 1518.05 (Violation of rules or permit conditions) of the Revised Code shall be fined not less than $1,000 nor more than $5,000 for the first offense; for each subsequent offense the person shall be fined not less than $2,000 nor more than $10,000 dollars. |
Oklahoma | State program | Title 29 §2-109, §2-135, and §5-412 | Any person convicted of violating any provision of Section 5-412 (Endangered or threatened species or subspecies) of this title, shall be punished by a fine not less than $750 nor more than $1,250 or by imprisonment in the county jail for not less than 10 days nor more than 30 days, or by both such fine and imprisonment. |
Oregon | State program | ORS 496.171-496.192 | Except as otherwise provided by this section or other law, a violation of any provision of the wildlife laws, or any rule adopted pursuant to the wildlife laws, is a Class A misdemeanor if the offense is committed with a culpable mental state. |
Pennsylvania | State program | Title 58 §75.1 to §75.5 | A first violation is a misdemeanor of the second degree and may result in forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of 7 years. |
Rhode Island | State program | §20-37-1 to §20-37-5 | Upon conviction of a violation of this chapter, the violator shall be fined no less than $500 nor more than $5,000 or imprisoned not exceeding one year, or both. |
South Carolina | State program | §50-15-10 to §50-15-90 | A person who violates Section 50-15-30(C) (Endangered species listed; review and amendment of list; unlawful to take, deal in, or transport species on lists) or who fails to procure or violates the terms of a permit issued pursuant to Section 50-15-40(D) or (E) (Establishing and carrying out programs for management of nongame and endangered wildlife; removal, capture, or destruction of wildlife), is guilty of a misdemeanor and, upon conviction, must be fined not more than $2,500 or imprisoned not more than 1 year, or both. |
South Dakota | State program | S D C L §34A-8-1 to S D C L § 34A-8-13 | Except as otherwise provided in this chapter, no person may take, possess, transport, import, export, process, sell, or offer for sale, buy or offer to buy, nor may a common or contract carrier transport or receive for shipment, any species of wildlife or plants appearing on the following lists: (1) The list of wildlife and plants indigenous to the state determined to be endangered or threatened within the state pursuant to §§34A-8-3 and 34A-8-4. (2) The United States list of endangered or threatened native wildlife effective on January 1, 1977. (3) The United States list of endangered or threatened foreign wildlife effective on January 1, 1977. (4) The United States list of endangered or threatened plants effective on January 1, 1977. A violation of this section is a Class 2 misdemeanor. |
Tennessee | State program | T. C. A. §70-8-101 to 112 | (a) Any person who violates §70-8-104(c) or any regulations issued under §70-8-104 (Nongame species — Promulgation of regulations — Prohibited acts), or fails to procure or violates the terms of any permit issued thereunder, commits a Class B misdemeanor. (b) Any person who fails to procure or violates the terms of any permit issued under §70-8-106(d) and (e) (Management programs — Exceptions to regulations) commits a Class A misdemeanor. |
Texas | State program | T.A.C. §65.171 - §65.177 | A person who violates a regulation of the commission issued under this chapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor. |
Utah | State program | U.C.A. 1953 §23-20-3 to §23-20-8 | A person is guilty of a Class B misdemeanor if the person: (a) violates any provision of Subsection (1); and (b) does so with criminal negligence as defined in Subsection 76-2-103(4). |
Vermont | State program | 10 V.S.A. §4518 and §5401 - §5410 | Whoever violates a provision of this part or orders or rules of the Board relating to taking, possessing, transporting, buying, or selling of big game; relating to threatened or endangered species; or relating to the trade in covered animal parts or products shall be fined not more than $1,000 nor less than $400 or imprisoned for not more than 60 days, or both. |
Virginia | State program | Va. Code Ann. §29.1-563 - §29.1-570 | Any person who violates the provisions of §29.1-564 (Taking, transportation, sale, etc., of endangered species prohibited) or §29.1-566 (Regulations), or any regulations issued pursuant to these sections, or whoever violates any regulation or permit issued under §29.1-568 (When Board may permit taking of endangered or threatened species; designated experimental populations) shall be guilty of a Class 1 misdemeanor. |
Washington | State program | West's RCWA 77.15.120, 77.15.130, and 77.15.135 | (1) A person is guilty of unlawful taking of endangered fish or wildlife in the second degree if: (a) The person hunts for, fishes for, possesses, maliciously harasses, or kills fish or wildlife, or possesses or intentionally destroys the nests or eggs of fish or wildlife; (b) The fish or wildlife is designated by the commission as endangered; and (c) The taking of the fish or wildlife or the destruction of the nests or eggs has not been authorized by rule of the commission, a permit issued by the department, or a permit issued pursuant to the federal endangered species act. (2) A person is guilty of unlawful taking of endangered fish or wildlife in the first degree if the person has been: (a) Convicted under subsection (1) of this section or convicted of any crime under this title involving the taking, possessing, or malicious harassment of endangered fish or wildlife; and (b) Within five years of the date of the prior conviction the person commits the act described by subsection (1) of this section. (3)(a) Unlawful taking of endangered fish or wildlife in the second degree is a gross misdemeanor. (b) Unlawful taking of endangered fish or wildlife in the first degree is a class C felony. The department shall revoke any licenses or tags used in connection with the crime and order the person's privileges to hunt, fish, trap, or obtain licenses under this title to be suspended for two years. |
West Virginia | Follows federal | None | N/A |
Wisconsin | State program | W. S. A. 29.604, 29.977, and 29.983 | The department may bring a civil action in the name of the state for the recovery of damages against any person killing, wounding, catching, taking, trapping or possessing in violation of this chapter any of the following named protected wild animals, birds, or fish, or any part of an animal, bird or fish, and the sum assessed for damages for each wild animal, bird, or fish shall be not less than the amount stated in this section: (a) Any endangered species protected under s. 29.604, $875. |
Wyoming | Follows federal | None | N/A |
['Species Protection']
['Species Protection', 'Endangered Species']
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