Man charged with beheading dead seal

[Glen Miyashiro]

A Kaua'i man has been charged with beheading a dead Hawaiian monk seal (http://www.honoluluadvertiser.com/apps/pbcs.dll/article?AID=/20060518/NEWS0102/605180337/1004/NEWS), on the grounds that he violated the Endangered Species Act by doing so. But... wasn't the seal already dead when he found it? This seems like, well, like beating a dead horse. It's gross, but is it illegal?

A spokesman for DLNR said:"These laws prohibit harassing, harming or killing a monk seal. It is important to remember, too, that all monk seals, both alive and dead, are protected."Even dead animals, too?

I checked, and the ESA says:It is unlawful for any person subject to the jurisdiction of the United States to [...] take any such species within the United States or the territorial sea of the United States [...]

[...] "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.Where does cutting a body part off of a dead animal fit in there? :confused:

[pzarquon]

Where does cutting a body part off of a dead animal fit in there?If that's the entirety of the applicable law, I guess it all fits under "collect." Usually these laws would also include something relating to abuse or desecration or some other term that could apply to a corpse as well as to a live victim.

I heard this story on KHON last night, too. The way the anchor said, "They are protected, dead or alive," made me half expect to hear the John Wayne whistle.

[Glen Miyashiro]

If that's the entirety of the applicable law, I guess it all fits under "collect." Usually these laws would also include something relating to abuse or desecration or some other term that could apply to a corpse as well as to a live victim.Well, it's a big law and I didn't read the whole thing. Maybe there's another section about body parts. :rolleyes:

I guess the real question is, did this guy actually kill the seal? The headline makes it sound like the seal was dead already but in the article it says that they still don't know how it died.

[helen]

...they still don't know how it died.
I suspect that would be the reason why that part of the law is there, to protect the dead body so that the apporiate agency can perform the equilvant of an autospy on it.

[manoasurfer123]

I still think no matter what... the guy is sick!

[scrivener]

My guess would be that the law protects dead monk seals for the same reason it protects live ones: to prevent poaching. If you're allowed to take parts of a dead seal, you may be inspired to find creative ways of "finding" it dead. I think they had a problem like this when it was legal to take ivory from dead elephants.

[SouthKona]

He should be thankful he did not get caught in possession of a feather or other body parts (which would include a head...) of a bald eagle, which is listed as a "threatened" in the U.S. Although Native Americans are able to possess bald eagle body parts, for everyone else possession of even a feather is a felony with a fine of up to $10,000 and/or imprisonment.