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Agricultural Law
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Does a farmer/rancher need to be concerned with the protection of wildlife?

Absolutely. The farmer/rancher has a responsibility to stewardship of the land and the wildlife and migratory birds that feed from the land. Both federal and state laws protect the habitat of wildlife and migratory birds. The well-known federal Endangered Species Act (ESA) protects endangered species from pesticide use and the destruction of wetlands. The key word in the ESA is "taking". A "taking" is defined as harassing, killing, hounding, pursuing, shooting, hunting, trapping capturing or collecting; a taking without a permit or exemption can impose serious penalties. The use of meat that has been tainted with pesticides to lure bears has been held a violation of the ESA.

Many states have legislated an Endangered Species Act that compliments the federal ESA. In some cases the state list includes additional state wildlife and fish not on the ESA list. In states that border the ocean, the ESA may include aquatic life. In some instances and at some locations a farmer/rancher may kill a wild animal that is known to be causing harm to his livestock.


Related Information
» General Agricultural Law Questions
» Bankruptcy and farmers
» CERCLA
» Clean Air Act
» Farming and ranching
» Hazardous waste
» USDA
» Water

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