Friends of Animals v. Sally Jewell

Concurring opinion filed by Senior Circuit Judge SENTELLE.

EDWARDS, Senior Circuit Judge:

Section 9 of the Endangered Species Act of 1973 (“Act” or “ESA”), 16 U.S.C. § 1531 et seq., makes it unlawful “for any person subject to the jurisdiction of the United States to,” inter alia, “take” any endangered species within the United States or “possess, sell, deliver, carry, transport, or ship, by any means whatsoever” any endangered species “taken” in violation of the Act. 16 U.S.C. § 1538(a)(1)(B), (D). Under the Act, “take” means “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or…