- Tue Sep 22, 2020 3:34 pm
I looked it up, because it's in interesting question! If an Osprey makes a nest on your land, you can't disturb it even though it's your property. But plants are different, this is from Fish and Wildlife site:
Why aren’t endangered plants protected from taking on private lands?
Endangered plants on private lands can be taken without penalty (unless a State law prohibits such taking), but this is not the case for endangered animals that are protected from taking on both public and private lands. Why the difference?
Federal and State wildlife laws in the United States have their origins in old English common law where the King and Parliament owned the wild animals and prescribed the ways that ordinary citizens could harvest them on all lands, public or private. Conversely, plants were considered to be a part of the land on which they grew, and thus plants on private lands were treated as the owner’s private property. This ownership difference has been carried forward in the different ways that plants and animals are protected in the Endangered Species Act.