ENDANGERED SPECIES ACT

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ENDANGERED SPECIES ACT
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Endangered Species Preservation
Act 1966 Whooping Cranes
Precursors to ESA
Endangered Species Conservation Act
1969 Foreign Species Sperm Whales
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ENDANGERED SPECIES ACT
16 U.S.C. 1531-1544, December 28, 1973, as
amended 1976-1982, 1984, 1988, 1994.
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ENDANGERED SPECIES ACT
The most far-reaching wildlife statute ever
adopted by any nation Reffalt 1991
One of the most sweeping pieces of prohibitive
policy to be enacted Yaffee 1982
One of the most exciting measures ever to be
passed by the U.S. congress, perhaps by any
nation Rolston 1991
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ENDANGERED SPECIES ACT
Overview. Provides broad protection for species
of fish, wildlife, and plants that are listed as
threatened or endangered in the U.S. or
elsewhere.
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ENDANGERED SPECIES ACT

• Section Content
• 4 Outlines Listing Procedures
• 5 Authorizes Land Acquisition
• 6 Provides for FWS Cooperation with States
• 7 Consultation between Agencies and FWS
• 8 International Cooperation
• 9 Prohibits Take

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ENDANGERED SPECIES ACT
Also is the enabling legislation for CITES.
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ENDANGERED SPECIES ACT
CITES -- Convention on International Trade in
Endangered Species of Wild Fauna and Flora.
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ENDANGERED SPECIES ACT
The purposes of the act are to 1. Conserve
ecosystems.
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ENDANGERED SPECIES ACT
The purposes of the act are to 2. Conserve
species.
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ENDANGERED SPECIES ACT
The purposes of the act are to 3. Achieve
international treaties and conventions.
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ENDANGERED SPECIES ACTSelected Definitions
Conserve
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ENDANGERED SPECIES ACTSelected Definitions
Conserve The use of all necessary means to
bring any E or T species to the point at which
the measures under the act are no longer
necessary.
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ENDANGERED SPECIES ACTSelected Definitions
Critical Habitat
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ENDANGERED SPECIES ACTSelected Definitions
Critical Habitat (I) The specific areas within
the geographical area occupied by the
species. (II) Areas outside the geographic areas
occupied by the species at the time it is listed
and are essential for conserving the species.
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ENDANGERED SPECIES ACTSelected Definitions
Endangered Species
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ENDANGERED SPECIES ACTSelected Definitions
Endangered species Any species that is in
danger of extinction throughout all or a
significant portion of its range.
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ENDANGERED SPECIES ACTSelected Definitions
Threatened Species
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ENDANGERED SPECIES ACTSelected Definitions
Threatened species Any species that is likely
to become an endangered species throughout all or
a significant portion of its range.
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ENDANGERED SPECIES ACTSelected Definitions
Take
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ENDANGERED SPECIES ACTSelected Definitions
Take Harass, harm, pursue, hunt, shoot, wound,
kill, trap, capture, or collect, or to attempt to
engage in any such conduct. Not Habitat
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DETERMINATION OF T E SPECIES
A species may be listed due to a. Habitat
destruction
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DETERMINATION OF T E SPECIES
A species may be listed due to a. Habitat
destruction b. Over-use
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DETERMINATION OF T E SPECIES
A species may be listed due to a. Habitat
destruction b. Over-use c. Disease or
depredation
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DETERMINATION OF T E SPECIES
A species may be listed due to a. Habitat
destruction b. Over-use c. Disease or
depredation d. Inadequacy of regulatory mechanisms
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DETERMINATION OF T E SPECIES
A species may be listed due to a. Habitat
destruction b. Over-use c. Disease or
depredation d. Inadequacy of regulatory
mechanisms e. Other natural or man-made factors.
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WHO CAN LIST A SPECIES ?
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WHO CAN LIST A SPECIES ?
Secretary of the Interior
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WHO CAN LIST A SPECIES ?
Secretary of Commerce
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ESA-- Steps to List a Species
1. Anyone can petition to have a species listed
as T or E.
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ESA-- Steps to List a Species
1. Anyone can petition to have a species listed
as T or E. 90-day finding Is the petition
warranted (based on information presented)?
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Is the petition warranted?
No Proposal dies or judicial review.
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Is the petition warranted?
Yes Conduct a 1-year finding.
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ESA-- Steps to List a Species
1-year finding finding that listing is either
warranted or not warranted.
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ESA-- Steps to List a Species
1-year finding finding that listing is either
warranted or not warranted. No Proposal dies
or judicial review. Publish findings in Federal
Register.
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ESA-- Steps to List a Species
1-year finding finding that listing is either
warranted or not warranted. Yes Leads directly
to a immediate proposed listing. Publish initial
findings in Federal Register.
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ESA-- Steps to List a Species
Public Hearing Held within 45 days of
publication upon request of any person.
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ESA-- Steps to List a Species
Emergency Listing Significant risk to the
species. Effective for 240 days following
finding.
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ESA-- Steps to List a Species
May treat an unlisted species as a listed species
if a TE Species resembles another species.
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ESA-- Steps to List a Species
Regulations and recovery plans must be issued.
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ESA-- Steps to List a Species
Regulations and recovery plans must be
issued. Public review and comment must be
considered prior to plan approval.
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ESA-- Steps to List a Species
7-Member Endangered Species Committee Reviews
Applications for Exemptions.
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ESA-- Steps to List a Species
7-Member Endangered Species Committee Reviews
Applications for Exemptions. God Squad
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ESA-- Steps to List a Species
7-Members Secretary of Agriculture
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ESA-- Steps to List a Species
7-Members Secretary of Agriculture Secretary
of the Army
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ESA-- Steps to List a Species
7-Members Secretary of Agriculture Secretary
of the Army Secretary of Interior
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ESA-- Steps to List a Species
7-Members Secretary of Agriculture Secretary
of the Army Secretary of Interior Chairman of
the Council of Economic Advisors
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ESA-- Steps to List a Species
7-Members Environmental Protection Agency
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ESA-- Steps to List a Species
7-Members Environmental Protection Agency
National Oceanic and Atmospheric Administration
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ESA-- Steps to List a Species
7-Members Environmental Protection Agency
National Oceanic and Atmospheric Administration
Presidential appointment to represent affected
states.
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ESA-- Steps to List a Species
Secretary of Interior Chair Meetings are open
to the Public Powerful Committee
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Tellico Dam Controversy
78 Million (1978) Snail Darter Save the
Species Whatever Cost (6-3) Congressional Rider
(1979) Darters Galore (1980)
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CITES
International Cooperation CITES (Convention on
International Trade in Endangered Species of Wild
Fauna and Flora) 1975
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CITES
International Cooperation CITES (Convention on
International Trade in Endangered Species of Wild
Fauna and Flora) 1975 U.S. first country to
ratify (100)
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CITES
CITES Appendix I Species in danger of
extinction. No Trade.
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CITES
CITES Appendix II May be in danger of
extinction if trade is not controlled. Controlled
Trade.
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HABITAT CONSERVATION PLANS
Agreements that allow developers to take
endangered species in return for specified
efforts to protect habitat.
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HABITAT CONSERVATION PLANS
Agreements that allow developers to take
endangered species in return for specified
efforts to protect habitat. Created by 1982
Amendment
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HABITAT CONSERVATION PLANS
1/3 of ESA species are on non-federal
lands. 50-80 of habitat is on non-federal
land.
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HABITAT CONSERVATION PLANS
To receive permits, developers must devise a HCP
that will To the maximum extent practical,
minimize and mitigate the effects on endangered
species.
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ESA STATISTICS9/12/2008
Endangered 1,045 Species (447 animals, 598
plants) Threatened 308 Species (162 animals,
146 plants) Total U.S. 1,353 species (609
animals, 744 plants) 86 have Recovery Plans 48
Species Delisted
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ESA STATISTICS
1976 Birds 37 of all listings Mammals
20 Fish 19
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ESA STATISTICS
1992 Plants 48 Fish 13 Birds 12
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ESA STATISTICS
1976 Birds 37 Mammals 20 Fish
19 1992 Plants 48 Fish 13 Birds 12
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ESA STATISTICS
As of 9/12/08 48 Species Delisted 22
Recovered 9 Extinct 17 Data in Error