Convictions for Take
Posted: 09 June 2017 09:46 AM   [ Ignore ]
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I just ran across a paper Overcriminalization and the Endangered Species Act: Mens Rea and Criminal Convictions for Take and was puzzled by the last word.  The abstract begins (emphasis added):

The Endangered Species Act makes it a crime to “knowingly” take any member of an endangered species. The government has generally interpreted this to require a defendant to have knowledge of each of the elements of the offense, i.e. that his actions will result in take and what species will be taken.

Is anyone familiar with this use as a noun?  (Obviously I’m aware of a number of nominal uses, but this doesn’t seem to fit any of them.)

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Posted: 09 June 2017 10:58 AM   [ Ignore ]   [ # 1 ]
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The Endangered Species Act defines take as:

The term “take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.

Of course that’s a verb. The use of take as a noun isn’t in the text of the act itself, which uses taking for the nominal form. 

But a taking in law generally means a seizure of property. If this nominal use of take isn’t unique to this article, it may be that environmental lawyers have taken to using the nominal take as a means to avoid confusion with the more common legal sense of taking. But that’s just a guess. I don’t know any environmental lawyers to ask.

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Posted: 09 June 2017 11:43 AM   [ Ignore ]   [ # 2 ]
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Would that be similar to a gambling hall’s “take” meaning how much money did they take in?

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Posted: 09 June 2017 05:12 PM   [ Ignore ]   [ # 3 ]
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Black’s Law Dictionary offers only verbs.

http://thelawdictionary.org/take/

The U.S. Fish & Wildlife Service is a little more helpful, not defining the term, other than the verb forms. but giving examples and explanations.

The U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (the Services), finalized the regulations governing Incidental Take Statements (ITSs) for endangered species.

An ITS is an estimate by the Services of the “take” of a threatened or endangered species that is likely to result from an action by a federal agency. “Take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. ITSs are produced by the Services as part of a biological opinion resulting from consultations with the federal agencies under section 7 of the Endangered Species Act.

Incidental take can take many forms, not all expressible as direct or immediate injury or death to individual animals. Some take can be in the form of a decrease in biological fitness due to reduced ability to breed or a shortened lifespan. Further, the Services have found that in many cases, the biology of a listed species or the nature of the proposed action can make it impractical to detect or monitor take of individual animals. In these cases, evaluating impacts to a “surrogate” (e.g., habitat, ecological conditions or similarly affected species) may be the most reasonable and meaningful way to describe the amount or extent of anticipated take of listed species.”

source: https://www.fws.gov/endangered/improving_esa/ITS.html

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