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15 U. Fla. J.L. & Pub. Pol'y 155 (2003-2004)
Captive-Bred Exceptions: An Unconventional Approach to Conservation under the Federal Endangered Species Act

handle is hein.journals/ufpp15 and id is 163 raw text is: NOTE
CAPTIVE-BRED EXCEPTIONS: AN UNCONVENTIONAL
APPROACH TO CONSERVATION UNDER THE FEDERAL
ENDANGERED SPECIES ACT*
Stephen M Fernandez
Ifall the beasts were gone, man would die of a great loneliness of
spirit. For whatever happens to the beasts, soon happens to man.
All things are connected
Chief Seattle, 1854.
I.    INTRODUCTION   .................................... 157
II.   MAJOR CAUSES OF EXTINCTION WORLDWIDE ............. 159
III.  FEDERAL PROTECTION UNDER THE ESA ................. 161
A. Purpose of the ESA  ............................... 161
B. Basic Structure of the ESA ......................... 162
1. Authority to Carry out the ESA  .................. 162
2. Process for Initially Listing Species ............... 162
3. Listing Categories Under the ESA ................ 163
4. Prohibitions Under the ESA ..................... 164
C. Exceptions for Listed Captive-Bred Wildlife ........... 165
1. General Captive-Bred Exception: 1975-1979 ....... 166
2. Current Captive-Bred Exceptions: Endangered ...... 166
3. Current Captive-Bred Exceptions:
Threatened  Species  ............................ 167
IV.   CASES STUDIES  .................................... 169
* Editor's Note: This Note received the Barbara W. Makar Writing Award for the
outstanding Note for Spring 2003.
** B.A. in Political Science, 2000, University of Florida; J.D. expected December 2003,
University of Florida Levin College of Law. I would like to thank my father J.M. Chico
Fernandez who taught me early on to understand and appreciate the natural environment, and my
mother Marilyn Fernandez for her constant enthusiastic and unconditional support. My sincerest
gratitude to Professor Frank Chapman for inspiring me to write this Note and for the countless
hours he spent helping me through the process. Finally, I extend a special thanks to Kelly Martinson
for all her help and encouragement.

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