U.S. Endangered Species Act of 1973

Summary

The Endangered Species Act of 1973 was implemented with the purpose of protecting Threatened and Endangered Plants Wildlife, not only native, but non-native, as well. Whether it meets this purpose is a frequently debated topic. There are number of aspects of this Act that apply to the hobby of keeping turtles and private efforts toward conservation. The long-term purpose of the ESA is to eventually be able to remove the listed species because a restoration program has returned the species to levels where they are not threatened or endangered. In addition to the parts of the Act that prohibit activities of keepers and breeders, there are parts which impact landowners, as well. Here we will focus on the impacts to turtles and their keepers.

Prohibitions Included

• Import and Export of any listed wildlife
• Take of wild specimens
• Interstate and Foreign Commerce or Sale

Impact on Turtle Keepers

The ESA (Endangered Species Act) impacts turtle keepers in the prohibitions listed above. The prohibition hardest on breeders is the inability to participate in interstate commerce (which includes trade or barter) to exchange offspring with other breeders with the goals of maintaining the genetic quality of the colony and moving surplus offspring to keepers desiring to work with the species. Its greatest impact is on the ability of private keepers to help extend the existence of these endangered and threatened species and return them to the wild through breeding and head-start programs. Zoos and Aquariums have it a little easier. They can transfer specimens between each other and recognized programs sponsored by a zoo, aquarium or the government. Permits may be granted to participate in these prohibited activities, however, they are extremely difficult to obtain for many species, especially for species native to the U.S.

For those that do not already possess these species, it is exceptionally difficult to acquire them because of the same prohibitions. Because breeders of these species exist in few states, those outside those states are left with no real way to acquire ESA-listed animals, other than being lucky enough to have someone willing to give them as a documented gift. However, because the cost is so high, that is unusual.

Complete List of Turtles Protected

Up to Date as of April 2021; Source - Electronic Code of Federal Regulations

Species Name	Common Name	Locality Protected
Apalone spinifera atra	Cuatro Cienegas/Black Spiny Softshell	Entire
Astrochelys radiata	Madagascar Radiated Tortoise	Entire
Astrochelys yniphora	Ploughshare Tortoise	Entire
Batagur baska	Northern River Terrapin	Entire
Caretta caretta	Loggerhead Seaturtle	Entire
Chelonia mydas	Green Seaturtle	Entire
Chelonoidis nigra ssp.	Galapagos Tortoises	Entire
Dermatemys mawii	Central American River Turtle	Entire
Dermochelys coriacea	Leatherback Seaturtle	Entire
Eretmochelys imbricata	Hawksbill Seaturtle	Entire
Geoclemys hamiltonii	Indian Spotted Pond Turtle	Entire
Glyptemys muhlenbergii	Bog Turtle	Entire
Gopherus agassizii	Mojave Desert Tortoise	Entire - includes Gopherus morafkai
Gopherus flavomarginatus	Bolson Tortoise	Entire
Gopherus polyphemus	Gopher Tortoise	Entire
Graptemys flavimaculata	Yellow-Blotched Map Turtle	Entire
Graptemys oculifera	Ringed Map Turtle	Entire
Kinosternon sonoriense longifemorale	Sonoyta Mud Turtle	Entire
Lepidochelys kempii	Kemp's Ridley Seaturtle	Entire
Lepidochelys olivacea	Olive Ridley Seaturtle	Entire
Melanochelys tricarinata	Tricarinate Hill Turtle	Entire
Mesoclemmys hogei	Hoge's Sideneck Turtle	Entire
Morenia ocellata	Burmese Eyed Turtle	Entire
Nilssonia gangetica	Indian Softshell Turtle	Entire
Nilssonia hurum	Indian Peacock Softshell Turtle	Entire
Nilssonia nigricans	Black Softshell Turtle	Entire
Pangshura tecta	Indian Roofed/Indian Tent Turtle	Entire
Podocnemis expansa	Giant Amazon River Turtle	Entire
Podocnemis unifilis	Yellow-Headed River Turtle	Entire
Psammobates geometricus	Geometric Tortoise	Entire
Pseudemydura umbrina	Western Swamp Turtle	Entire
Pseudemys alabamensis	Alabama Red-Bellied Cooter	Entire
Pseudemys rubriventris	Northern Red-Bellied Cooter	Massachusetts (the former subspecies Pseudemys rubriventris bangsi)
Sternotherus depressus	Flattened Musk Turtle	Entire
Terrapene coahuila	Coahuilan Box Turtle	Entire
Trachemys callirostris	Colombian Slider	Entire
Trachemys stejnegeri malonei	Inagua Slider	Entire
Trachemys terrapen	Jamaican Slider	Cat Island, Bahamas

The Endangered Species Act of 1973:

Full Text .pdf of the Endangered Species Act (does not include listed species)
U.S. Code of Federal Regulations, Title 50, Part 17 (application of the ESA)

Other Reading on the ESA:

Disclaimer: These links are posted mainly to provide the various opinions that exist on the Endangered Species Act. While we agree with some of the things in these links, we also disagree with some of the things in these links.