It is hard to imagine today , but there was a time when the federal government had no role in wildlife management in America . Things began to change at the turn of the 20th century , however , when market gunning began to have serious and profound effects on wildlife populations in many areas of the country . The passenger pigeon had already disappeared from North American skies , and several other species of birds and mammals were in danger of extirpation due to high demand for plumes to adorn ladies ’ hats or as table fare in metropolitan restaurants .
Enter Iowa Congressman John Lacey . In 1900 , he introduced a bill to increase the power of the Department of Agriculture to regulate the interstate commerce of wildlife and wildlife parts , principally to protect various bird species against market gunning that had decimated many populations . Although the “ Lacey Act ” covered all wildlife species , Lacey was a devout bird hunter who was primarily focused on protecting bird species from extirpation or extinction .
The U . S . Fish and Wildlife Service assists with Lacey Act enforcement .
COURTESY OF USFWS
The Lacey Act prohibits most fish taken during recreational seasons from being sold .
The Lacey Act included three new powers for federal intervention . One , it authorized the Department of Agriculture to assist the states on bird introduction and preservation efforts . Two , it banned the importation of “ exotic ” species like the English sparrow while establishing a permitting system for the importation of other species . Finally , and this is the operative provision of the Lacey Act that most are familiar with , it prohibited the interstate transport of wildlife killed in violation of state law while removing federal restrictions on the states ’ ability to regulate the sale of wildlife imported from another state or foreign jurisdiction .
At the time , market gunners would evade state prohibitions on the sale of wildlife by simply transporting the contraband to another state . Once across a state line , the items were considered part of the stream of “ interstate commerce ” and could not be regulated in any way by the “ importing ” state under existing Supreme Court decisions . Market gunners developed extensive state import-export networks , effectively nullifying many , if not most , of the early state anti-poaching laws by simply “ exporting ” illegally taken wildlife to a neighboring state for sale on the open market .
Since passage in 1900 , the Lacey Act has been amended many times , stretching well beyond the market gunning
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