The Bald And Golden Eagle Protection Act, Species-Based Legal Protection And The Danger Of Misidentification
The Bald and Golden Eagle Protection Act of 1940 bestows legal protection on two North American eagle species in the United States of America. The Act was originally aimed at the legal protection of only one species: the Bald Eagle Haliaeetus leucocephalus, the national symbol of the USA. Later the...
Published in: | Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad |
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North-West University
2015
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ftdoajarticles:oai:doaj.org/article:0798768bb22b42ddaec8bddd30b20d02 2023-05-15T18:49:22+02:00 The Bald And Golden Eagle Protection Act, Species-Based Legal Protection And The Danger Of Misidentification Johann C Knobel 2015-12-01T00:00:00Z https://doi.org/10.4314/pelj.v18i7.06 https://doaj.org/article/0798768bb22b42ddaec8bddd30b20d02 AF DE EN NL afr ger eng dut North-West University http://www.nwu.ac.za/sites/www.nwu.ac.za/files/files/p-per/issuepages/2015volume18no7/2015%2818%297KnobelJC.pdf https://doaj.org/toc/1727-3781 http://dx.doi.org/10.4314/pelj.v18i7.06 1727-3781 https://doaj.org/article/0798768bb22b42ddaec8bddd30b20d02 Potchefstroom Electronic Law Journal, Vol 18, Iss 7, Pp 2604-2641 (2015) environmental law legal protection biodiversity species misidentification Bald Eagle Golden Eagle bird of prey raptor South Africa Law in general. Comparative and uniform law. Jurisprudence K1-7720 article 2015 ftdoajarticles https://doi.org/10.4314/pelj.v18i7.06 2023-01-08T01:28:45Z The Bald and Golden Eagle Protection Act of 1940 bestows legal protection on two North American eagle species in the United States of America. The Act was originally aimed at the legal protection of only one species: the Bald Eagle Haliaeetus leucocephalus, the national symbol of the USA. Later the Act was amended to extend protection also to the Golden Eagle Aquila chrysaetos. The Bald Eagle was an Endangered Species, but the Golden Eagle was not formally listed as Endangered nationwide in the USA. One of the reasons for extending legal protection to the Golden Eagle under the Act was to strengthen the legal protection of the Bald Eagle, because immature Bald Eagles were being misidentified as Golden Eagles and shot. Additional factors relating to Golden Eagle mortality also made legal protection of the Golden Eagle desirable. The danger that a rare and legally protected species can be misidentified and mistaken for a more common and unprotected species can therefore serve as a reason for bestowing legal protection on the more common species as well. Other factors may also indicate that legal protection of the more common species is desirable, making the case more compelling. If this line of reasoning is applied in respect of South African birds of prey, a strong case can be made in favour of extending legal protection under the national biodiversity legislation to more species than the small number of species currently enjoying such protection. Species that are listed as Vulnerable under South African national biodiversity legislation may be misidentified as species that are not subject to such protection. Additional factors are also present that make such an extension of legal protection desirable. Article in Journal/Newspaper Aquila chrysaetos golden eagle Directory of Open Access Journals: DOAJ Articles Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 18 7 2605 |
institution |
Open Polar |
collection |
Directory of Open Access Journals: DOAJ Articles |
op_collection_id |
ftdoajarticles |
language |
Afrikaans German English Dutch |
topic |
environmental law legal protection biodiversity species misidentification Bald Eagle Golden Eagle bird of prey raptor South Africa Law in general. Comparative and uniform law. Jurisprudence K1-7720 |
spellingShingle |
environmental law legal protection biodiversity species misidentification Bald Eagle Golden Eagle bird of prey raptor South Africa Law in general. Comparative and uniform law. Jurisprudence K1-7720 Johann C Knobel The Bald And Golden Eagle Protection Act, Species-Based Legal Protection And The Danger Of Misidentification |
topic_facet |
environmental law legal protection biodiversity species misidentification Bald Eagle Golden Eagle bird of prey raptor South Africa Law in general. Comparative and uniform law. Jurisprudence K1-7720 |
description |
The Bald and Golden Eagle Protection Act of 1940 bestows legal protection on two North American eagle species in the United States of America. The Act was originally aimed at the legal protection of only one species: the Bald Eagle Haliaeetus leucocephalus, the national symbol of the USA. Later the Act was amended to extend protection also to the Golden Eagle Aquila chrysaetos. The Bald Eagle was an Endangered Species, but the Golden Eagle was not formally listed as Endangered nationwide in the USA. One of the reasons for extending legal protection to the Golden Eagle under the Act was to strengthen the legal protection of the Bald Eagle, because immature Bald Eagles were being misidentified as Golden Eagles and shot. Additional factors relating to Golden Eagle mortality also made legal protection of the Golden Eagle desirable. The danger that a rare and legally protected species can be misidentified and mistaken for a more common and unprotected species can therefore serve as a reason for bestowing legal protection on the more common species as well. Other factors may also indicate that legal protection of the more common species is desirable, making the case more compelling. If this line of reasoning is applied in respect of South African birds of prey, a strong case can be made in favour of extending legal protection under the national biodiversity legislation to more species than the small number of species currently enjoying such protection. Species that are listed as Vulnerable under South African national biodiversity legislation may be misidentified as species that are not subject to such protection. Additional factors are also present that make such an extension of legal protection desirable. |
format |
Article in Journal/Newspaper |
author |
Johann C Knobel |
author_facet |
Johann C Knobel |
author_sort |
Johann C Knobel |
title |
The Bald And Golden Eagle Protection Act, Species-Based Legal Protection And The Danger Of Misidentification |
title_short |
The Bald And Golden Eagle Protection Act, Species-Based Legal Protection And The Danger Of Misidentification |
title_full |
The Bald And Golden Eagle Protection Act, Species-Based Legal Protection And The Danger Of Misidentification |
title_fullStr |
The Bald And Golden Eagle Protection Act, Species-Based Legal Protection And The Danger Of Misidentification |
title_full_unstemmed |
The Bald And Golden Eagle Protection Act, Species-Based Legal Protection And The Danger Of Misidentification |
title_sort |
bald and golden eagle protection act, species-based legal protection and the danger of misidentification |
publisher |
North-West University |
publishDate |
2015 |
url |
https://doi.org/10.4314/pelj.v18i7.06 https://doaj.org/article/0798768bb22b42ddaec8bddd30b20d02 |
genre |
Aquila chrysaetos golden eagle |
genre_facet |
Aquila chrysaetos golden eagle |
op_source |
Potchefstroom Electronic Law Journal, Vol 18, Iss 7, Pp 2604-2641 (2015) |
op_relation |
http://www.nwu.ac.za/sites/www.nwu.ac.za/files/files/p-per/issuepages/2015volume18no7/2015%2818%297KnobelJC.pdf https://doaj.org/toc/1727-3781 http://dx.doi.org/10.4314/pelj.v18i7.06 1727-3781 https://doaj.org/article/0798768bb22b42ddaec8bddd30b20d02 |
op_doi |
https://doi.org/10.4314/pelj.v18i7.06 |
container_title |
Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad |
container_volume |
18 |
container_issue |
7 |
container_start_page |
2605 |
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1766242974689132544 |