RULE 24
Wildlife Trafficking, IUU Fishing, and Deforestation: Report to FWS

Panel on Wildlife Whistleblowing with Danielle Kessler
Introduction
Globally, an estimated $48 to $153 billion is lost annually due to illegal logging and trafficking of plants, fish, and animals. As extinctions surge, more species join the list of endangered plants and animals. Whistleblowers worldwide can report such crimes to the U.S. Fish and Wildlife Service under the Lacey Act.
Although the Act requires significant reform, it enables individuals to come forward and potentially qualify for financial rewards. Rule 24 provides a comprehensive guide for disclosing information related to wildlife and deforestation crimes, offering insight into whistleblowing within this industry.
Practice Tips
- The three main wildlife whistleblower reward laws are Lacey Act, 16 U.S.C. § 3375(d); Endangered Species Act, 16 U.S.C. §1540(d); and Fish and Wildlife Improvement Act, 16 U.S.C. §742I(c)(3).
- The congressional history behind the original 1981 amendments to the Lacey Act and the 1982 Fish and Wildlife Improvement Act are located in House Report No. 97-276 (Oct. 19, 1981) (Lacey); 128 Cong. Rec. H10207 and H31972 (Dec. 17, 1982) (Improvement).
- The wildlife whistleblower laws and program are fully explained in Kohn, “Monetary Rewards for Wildlife Whistleblowers: A Game-Changer in Wildlife Trafficking Detection and Deterrence,” 46 Environmental Law Reporter 10054 (Jan. 2016), available at www.whistleblowers.org/wildlife.
- Because of weaknesses in the wildlife whistleblower laws, Congress is considering significant amendments. Prior to filing a case a whistleblower should check for updates.
Resources
The main wildlife whistleblower reward laws are codified as follows:
- Lacey Act, 16 U.S.C. § 3375(d); Endangered Species Act, 16 U.S.C. § 1540(d)
- Rhinoceros and Tiger Conservation Act, 16 U.S.C. § 5305a(f)
- Antarctic Conservation Act, 16 U.S.C. §§ 2409 and 2439
- Fish and Wildlife Improvement Act, 16 U.S.C. § 742l(c)(3)
- Wild Bird Conservation Act, 16 U.S.C. §§ 4912(c) and 4913(b).
All of these laws are substantially identical.
The sweeping authority granted the Fish and Wildlife Service and the National Marine Fisheries Service to award whistleblowers under any wildlife protection laws administered by these agencies for reporting violations was enacted as part of the Fish and Wildlife Improvement Act:
- Public Law No. 97-396, 96 Stat. 2005, 16 U.S.C. § 742l(k)(2)
The congressional history behind the original 1981 amendments to the Lacey Act, which included the whistleblower reward laws, is located in:
- House Report No. 97-276 (Oct. 19, 1981).
The legislative history of the 1982 Fish and Wildlife Improvement Act, which empowered the Fish and Wildlife Service and the National Marine Fisheries Service to pay rewards under all wildlife laws administered by these agencies, is set forth in:
- 128 Cong. Rec. H10207 and H31972 (Dec. 17, 1982)
For a complete understanding of the wildlife whistleblower laws and the scope of their coverage see:
- Kohn, “Monetary Rewards for Wildlife Whistleblowers: A Game-Changer in Wildlife Trafficking Detection and Deterrence,” 46 Environmental Law Reporter 10054 (Jan. 2016)
- National Whistleblower Center, “Special Report: The Critical Role of Whistleblowers in Enforcing Wildlife Protection Laws” (Sept. 14, 2019)
The testimony of Assistant Attorney General John Cruden was submitted to the House Committee on Foreign Affairs, Subcommittee on Terrorism, Nonproliferation and Trade (Apr. 22, 2015)
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), 27 UST 1087; TIAS 8249; 993 UNTS 243. CITES is the international convention signed by over 150 countries, including the United States, prohibiting trafficking in protected plants, fish, and animals. The Lacey Act implements this treaty.
“Powerful tools are needed to combat and control the massive illegal trade in wildlife which threatens the survival of numerous species, threatens the welfare of our agricultural and pet industries, and imposes untold costs upon American taxpayers.”
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