U.S. Fish & Wildlife Service
Introduction to the 1973 Endangered Species Act
Adapted from “Introduction to the Endangered Species Act,” USFWS, March 2004
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U.S. Fish & Wildlife Service
Purpose
“… to conserve endangered and threatened species and the ecosystems on which they depend.”
Key Elements
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Allows protection for all species. • Protects critical habitats as well as threatened and endangered species • Gives joint implementation authority to Fish and. Wildlife Service and NOAA–Fisheries.
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U.S. Fish & Wildlife Service
Definitions
Endangered - Any species in danger of extinction throughout all or a significant portion of its range.
Threatened - Any species likely to become endangered in the foreseeable future.
Critical Habitat - Specific geographic areas with physical and biological features essential to the conservation of a listed species.
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U.S. Fish & Wildlife Service
“Listing” of Species
Identifying species for possible designation as “endangered” or “threatened.” • Citizens may “petition” the Fish and Wildlife Service, or • Fish and Wildlife Service may identify species through internal studies and discussion with States, academia, and other experts in the scientific community.
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U.S. Fish & Wildlife Service
“Listing” Process
• USFWS Uses best available scientific and commercial information. • Publishes Federal Register notice of a proposal to list species as endangered or threatened. • USFWS Responds to public comment, and complete a final rule within one year.
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U.S. Fish & Wildlife Service
Listed Species by State
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U.S. Fish & Wildlife Service
ESA “Candidate” Species
Species that warrant listing but are precluded by USFWS higher workload priorities are placed on a “candidate” species list. USFWS has developed programs to conserve and recover candidate species awaiting ESA protection.
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U.S. Fish & Wildlife Service
BLM Special Status Species
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Special Status Species - Species which are:
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Proposed for listing, officially listed as threatened or endangered, or are candidates for listing under the ESA; Listed by a State in a category such as threatened or endangered; or Designated by each State Director as sensitive.
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Conservation – BLM implements management plans that conserve special status species and their habitats and ensures that actions authorized, funded, or carried out by the BLM do not contribute to the need for the species to become listed.
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U.S. Fish & Wildlife Service
USFS Sensitive Species
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Sensitive Species - Plant and animal species identified by a Regional Forester for which population viability is a concern. NEPA – USFS reviews programs and activities, through a biological evaluation, to determine their potential effect on sensitive species. Impacts – USFS avoids or minimizes impacts to species whose viability has been identified as a concern (impacts may be allowed, but cannot result in loss of species viability or create significant trends toward Federal listing).
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U.S. Fish & Wildlife Service
State Listed Species
• California:
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Laws provide for the listing of California native species as endangered or threatened, and for their protection and preservation.
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Incidental take is allowed for otherwise lawful developments.
CDFG maintains the California Natural Diversity Database (CNDDB) (http://www.dfg.ca.gov/biogeodata/cnddb/).
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U.S. Fish & Wildlife Service
State Listed Species
• Nevada:
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Laws fully protect plants listed by the State Forester on the Critically Endangered Species List.
No member of any listed species may be removed or destroyed by any means except under special permit issued by the State Forester. The Nevada Natural Heritage Program (NNHP) maintains lists of Nevada's at risk, rare, endangered, and threatened species (http://heritage.nv.gov/spelists.htm).
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U.S. Fish & Wildlife Service
ESA Critical Habitat Process
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USFWS uses best scientific data to identify areas essential to the conservation of a species and may require special management consideration or protection. Economic impact analysis is required, and areas may be excluded from protection based on analysis. USFWS publishes Federal Register notice and seek public comment on proposal to designate critical habitat. Designation does not create a park or preserve.
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U.S. Fish & Wildlife Service
Species Recovery
Goals
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Reduce or eliminate threats to listed animals and plants.
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Restore self-sustaining wild populations.
Remove species from the list.
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U.S. Fish & Wildlife Service
Recovery Plans
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Developed with stakeholders
Identifies recovery strategy Identifies tasks and partners
Establishes delisting/downlisting criteria
Provides timetable and cost estimate May address multiple species
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U.S. Fish & Wildlife Service
Delisting of Species
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Delisting criteria identified in the species’ recovery plan.
Federal Register notice published and public comment sought on proposal to delist. Recovered species monitored for five years.
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U.S. Fish & Wildlife Service
Federal Consultation Under Section 7
• Requires Federal agencies to ensure that actions they authorize, fund, or carry out are not likely to jeopardize the continued existence of listed species or adversely modify critical habitat. • If agency action may affect a listed species or critical habitat, the agency must initiate consultation with the Fish and Wildlife Service. • Private individuals are affected by Section 7 when their action needs a Federal permit or funding.
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U.S. Fish & Wildlife Service
Informal Consultation
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Optional process to assist agencies in evaluating potential effects on species and habitat.
USFWS may recommend modifications necessary to avoid adverse effects. If necessary modifications are made, no further consultation required.
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U.S. Fish & Wildlife Service
Formal Consultation
If adverse effects are unavoidable, the Federal agency initiates formal consultation:
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Process relies on a biological assessment prepared by the Federal agency which provides detailed project and species information and impact assessments. USFWS is provided up to 90 days for “consultation,” followed by 45 days to produce a “biological opinion.”
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U.S. Fish & Wildlife Service
Biological Opinion Determinations
“Good” biological opinion - Federal action not likely to jeopardize species or adversely modify critical habitat. Biological opinion includes:
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Incidental take statement – estimates amount of take that may occur incidental to the action. Reasonable and prudent measures to minimize take.
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U.S. Fish & Wildlife Service
Biological Opinion Determinations
“Bad” biological opinion - Federal action likely to jeopardize species or adversely modify critical habitat. Biological opinion includes:
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reasonable and prudent alternatives that avoid jeopardy or adverse modifications and are:
• consistent with intended purpose of action;
• within authority of Federal agency; • technologically and economically feasible.
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Compliance with reasonable and prudent alternatives allow the project to continue (in rare instances, such alternatives are not available).
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U.S. Fish & Wildlife Service
Prohibited Acts
Listed plants are protected from commercial trade, collection, or malicious destruction on Federal lands, and similar actions that violate State law. Listed wildlife is protected from “take” and commercial trade. Take means: harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or to attempt to engage in these activities. Harm includes habitat destruction that kills or injures listed species.
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U.S. Fish & Wildlife Service
Private Land Permits
The Fish and Wildlife Service issues incidental take permits to private landowners under section 10(a)(1)(B) of the ESA provided an approved Habitat Conservation Plan is developed.
Habitat Conservation Plans are a tool for conserving listed, proposed, and candidate species while providing for development that will not “appreciably reduce the likelihood of the survival and recovery of the species in the wild.”
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U.S. Fish & Wildlife Service
Penalties and Enforcement
Provides for civil or criminal penalties for ESA violations:
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Civil penalties up to $25,000 per violation. Criminal penalties up to $50,000 and/or a year in prison per violation.
Provides for citizens’ lawsuits to compel the Secretary of the Interior to enforce the ESA.
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U.S. Fish & Wildlife Service
USFWS Regional Offices
The endangered species program is on the web at endangered.fws.gov
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