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Reversing The Extinction Vortex For The Rarest Species: How States Can Overcome Esa’S Weak Criminal Penalty Clauses, Gail L. Grabowsky, E. Britt Bailey

Gail L Grabowsky

This paper was inspired through real life experiences in the authors’ home state of Hawaii. In 2009 the persecution of several endangered species, specifically Hawaiian monk seals and green sea turtles, led to large public outcry and ultimately a criminal conviction for the shooting of a pregnant monk seal. The perpetrator of this crime received a three-month jail sentence and a twenty-five dollar fine. The public viewed the penalty as outrageously lenient, particularly since the species now contains fewer than 1200 individuals and is declining at greater than four percent per annum. The State of Hawaii responded to this situation …