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nothing4u
08-06-2008, 8:38 AM
Does a state have the legal power to pass legislation to restrict stuff to protect endanger species? Or is that the Federal government's job since they spend millions of dollars of research from enviromental impact case studies before doing something?

chris
08-06-2008, 8:45 AM
it would be safe to say the state does given AB821 regarding lead ammo use in the condor area. which is really the camels nose in the tent.bwiese can tell you who screwed us on that one. the state did this one not the feds.

nothing4u
08-06-2008, 9:11 AM
Right, but do they have the legal authority? i.e. Can they do it without letting the Feds do environmental case studies?

ohsmily
08-06-2008, 9:17 AM
You are not being clear. What are you asking? Are you asking if California can declare an animal endangerED and make it an endangerED species or are you asking if California can pass legislation that is even stricter than current federal regulations to protect species that have already been declared endangerED?

If you are asking about the latter, then it is likely that California can pass even laws more restrictive than federal laws as long as the California laws don't allow something that federal law prohibits.

If you are asking if California can declare a species to be endangerED, no, that is not within the scope of their authority.

AJAX22
08-06-2008, 9:18 AM
Endangered species create themselves by being so delicious.

seriously though, i think its a federal matter.

ohsmily
08-06-2008, 9:22 AM
Endangered species create themselves by being so delicious.

Nice.

seriously though, i think its a federal matter.
Yes, while it is a federal matter, I don't believe there is a federal law prohibiting a state from passing even more restrictive laws than the federal ones already protecting the animals.

For example, if federal law says that you can't come with 50 feet of endangered animal X, I don't think there is any law that would prevent CA from passing a law stating that you can't come within 100 feet of animal X. But, CA could not pass a law stating that you can come within 20 feet if federal law says 50.

Kestryll
08-06-2008, 9:33 AM
Endangered species create themselves by being so delicious.
LOL, Now THAT'S comedy!! :D

What's all this fuss I hear about endangered feces? That's outrageous. Why is feces endangered? How can you possibly run out of such a thing? Just look around you - you can see it all over the place. And besides, who wants to save that anyway?

nothing4u
08-06-2008, 9:36 AM
Basically what brought me up on this was. The lead ban on ducks took the Federal government to act. As no other state tried to pass it before the Federal government acted. Up to my knowledge anyways. Maybe the condors need to schedule interstate flight plans to get Congress involved :kest:

tiki
08-06-2008, 11:22 AM
Basically what brought me up on this was. The lead ban on ducks took the Federal government to act.

What?? Lead ducks are banned??

petey
08-06-2008, 3:00 PM
States do have the right to protect some species, or regulate the possession/sale of certain animals or animal parts.

For example:
Fish & Game Code 4800. (a) The mountain lion (genus Felis) is a specially protected mammal under the laws of this state.....

Penal Code Section 653o. (a) It is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the
state, the dead body, or any part or product thereof, of any polar
bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf
(Canis lupus), zebra, whale, cobra, python, sea turtle, colobus
monkey, kangaroo, vicuna, sea otter, free-roaming feral horse,
dolphin or porpoise (Delphinidae), Spanish lynx, or elephant.

River Jack
08-07-2008, 2:03 PM
In California, there are two endangered species acts (ESAs), a federal one and a state one. The California Engandered Species Act can impose more restrictive conservation requirements than the federal ESA. Some of the endangered species in our state are both federally and state listed, while others are only listed under one or the other.