Introduction to the Endangered Species Act

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Introduction to the Endangered Species Act
Endangered Species Program, March 2004
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Before the Endangered Species Act

• 1900 Lacey Act
• Regulated interstate transfer of wildlife
• 1966 Endangered Species Preservation Act
• Authorized listing of 77 species, mostly
  vertebrates
• Authorized land acquisition
• 1969 Endangered Species Conservation Act
• Expanded list (worldwide species and
  invertebrates)
• Required measures to enlist international
  agreement
• 1973 CITES (Convention on International Trade
  in Endangered Species of Wild Fauna and Flora)
• Agreement among 80 nations to ensure that trade
  does not threaten species survival

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• 1973 Endangered Species Act

• Allows protection for all species
• Protects habitats as well as species
• Gives joint authority to Fish and Wildlife
  Service and NOAAFisheries

Aleutian Canada goose USFWS photo
Desert tortoise habitatUSFWS photo
American alligatorUSFWS photo
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• The Endangered Species Act

Section 2 Findings and Purposes Section 3
Definitions Section 4 Listing, Critical
Habitat Designation,
Recovery, Monitoring Section 5 Land
Acquisition Section 6 Financial Assistance to
States and Territories Section 7 The Role of
Federal Agencies Section 8 International
Cooperation Section 8A Convention
Implementation Section 9 Unlawful
Activities Section 10 Exceptions, including
Permits Section 11 Penalties and Enforcement
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Findings and PurposesSection 2

• Findings
• Some species of fish, wildlife and plants are now
  extinct as a consequence of economic growth and
  development untempered by adequate concern and
  conservation.
• Other species are in danger of extinction.
• Species have aesthetic, ecological, educational,
  historical, recreational, and scientific value.
• Purposes
• to conserve endangered and threatened species
  and the ecosystems on which they depend.

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Key Definitions Section 3
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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Listing Section 4
Identifying species for possible designation as
endangered or threatened

• Citizen 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

Petitioned for listing the southern California
mountain yellow-legged frog. Photo by Vance
Vredenburg, Associated Press
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Candidate SpeciesSection 4
Species that warrant listing but are precluded by
higher workload priorities are placed on a
candidate species list. Fish and Wildlife Service
has developed programs to conserve and recover
candidate species awaiting ESA protection.
The northern sea otter is a candidate for
listing. Corel Corp. photo
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Listing Section 4

• Five factors considered in determining whether
  a species is endangered or threatened
• Present or threatened destruction, modification,
  or curtailment of the species range or habitat
• Over-use for commercial, recreational,
  scientific, or educational purposes
• Disease or predation
• Inadequacy of existing regulatory mechanisms
• Other natural or man-made factors affecting the
  continued existence of the species

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Listing Section 4

• Listing Process
• Use best available scientific and commercial
  information
• Use peer-review to ensure sound science and sound
  decision-making
• Publish Federal Register notice of a proposal to
  list species as endangered or threatened
• Respond to public comment, and complete a final
  rule within one year

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Listed Species by State
March 2004
Endangered and threatened species are found
throughout the United States. More than 1200
species of fish, wildlife, and plants are
currently listed.
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Critical HabitatSection 4

• Use best scientific data to identify areas
  essential to the conservation of a species and
  may require special management consideration or
  protection
• Economic impact analysis required, and areas may
  be excluded from protection based on analysis
• Publish 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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RecoverySection 4

• Goals
• Reduce or eliminate threats to listed animals and
  plants
• Restore self-sustaining wild populations
• Remove species from the list

Whooping crane, a recovering species USFWS
photo
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RecoverySection 4

• Recovery Plans
• Develop with stakeholders
• Identify recovery strategy
• Identify tasks and partners
• Establish delisting/downlisting criteria
• Provide timetable and cost estimate
• May address multiple species

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RecoverySection 4
Recovering listed species requires Fish and
Wildlife Service and other Federal agency
actions. States and private landowners are
critical recovery partners. The Fish and Wildlife
Service assists through grants and other
incentives.
The Los Angeles Zoos captive breeding program
raises California condors for release into the
Ventana Wilderness Area. Photo by Daniel
Bianchetta, Ventana Wilderness Society
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DelistingSection 4

• 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

American peregrine falcon, delisted in 1999.
Corel Corp. photo
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Cooperation with the StatesSection 6

• Recognizes States key role in conserving
  wildlife and plants
• Provides funding to States with which the Fish
  and Wildlife Service has cooperative agreements

Six states have received funding to monitor and
manage reintroduced black-footed ferrets. Photo
by Fort Belknap Fish and Wildlife Department
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ConsultationsSection 7

• Requires Federal agencies to
• conduct programs to conserve endangered and
  threatened species
• 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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ConsultationsSection 7

• Informal Consultations
• Optional process to assist agencies in evaluating
  potential effects on species and habitat
• Fish and Wildlife Service recommends
  modifications necessary to avoid adverse effects
• If necessary modifications are made,no further
  consultation required

The Corps of Engineers consults with the Fish and
Wildlife Service about beach projects that may
affect listed sea turtles. USFWS photo
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ConsultationsSection 7

• Formal Consultations
• If adverse effects are unavoidable, the Federal
  agency initiates formal consultation
• Relies on more detailed descriptions and other
  relevant studies, proposal reports, etc.
• Up to 90 days of consultation, followed by 45
  days to produce a biological opinion

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ConsultationsSection 7

• Formal consultation concludes with Fish and
  Wildlife Service issuing a biological opinion
  evaluating the action and providing options,
  where necessary.
• Two possible outcomes
• Federal action not likely to jeopardize species
  or adversely modify critical habitat
• Federal action likely to jeopardize species or
  adversely modify critical habitat

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ConsultationsSection 7

• If action is not likely to jeopardize, biological
  opinion includes
• Incidental take statement estimating amount of
  take that may occur incidental to the action
• Reasonable and prudent measures to minimize take

The Fish and Wildlife Service issued a no
jeopardy opinion to the Army regarding
endangered birds at Fort Hood, Texas. USFWS
photo
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ConsultationsSection 7

• If action likely to jeopardize, opinion includes
  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
• Compliance with reasonable and prudent
  alternatives allow project to continue
• In rare instances, such alternatives are not
  available

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ConsultationsSection 7
More than 70,000 Federal actions are reviewed
annually. Of 1200 formal consultations per
year, on average six percent result in a jeopardy
or adverse modification finding.
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Prohibited ActsSection 9

• 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.

Signs posted on nest trees of endangered
red-cockaded woodpeckers help prevent taking.
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Prohibited ActsSection 9

• 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.
• The take prohibition for wildlife applies to any
  person including a Federal agency.
• Section 4(d) allows flexibility of section 9
  prohibitions for threatened species.

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Permits Section 10
The Fish and Wildlife Service issues section
10(a)(1)(A) permits for scientific purposes or to
enhance the propagation or survival of a species.

A zoo may receive a permit to study or breed an
endangered species such as the giant panda. San
Diego Zoo photo
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Private Landowner AgreementsSection 10
Section 10(a)(1)(A) permitting authority is used
to encourage species conservation on non-Federal
lands.
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Permits Section 10

• The Fish and Wildlife Service issues incidental
  take permits to private landowners under section
  10(a)(1)(B) 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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ExceptionsSection 10
Experimental Populations, Section 10(j)

• Experimental populations are treated as
  threatened
• Designating an experimental population as
  nonessential provides management flexibility
• Special 4(d) rules exempt some activities from
  section 9 prohibitions

The Fish and Wildlife Service and the National
Park Service reintroduced gray wolves into
Yellowstone National Park as a nonessential,
experimental population.
USFWS photo
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Penalties and EnforcementSection 11

• Provides for civil or criminal penalties for ESA
  violations
• 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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Tools and IncentivesCandidate Conservation

• Through Candidate Conservation Agreements and
  Candidate Conservation Agreements with Assurances
  the Fish and Wildlife Service works with public
  and private parties to
• identify threats to candidate species
• develop measures to conserve species
• identify willing landowners and develop
  agreements
• implement conservation measures and monitor
  effectiveness

Soulen Livestock Company has entered into an
agreement to conserve the southern Idaho ground
squirrel on its property. USFWS photo
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Tools and Incentives State Conservation
Agreements

• State-led initiative to conserve declining
  species before they need protection under the ESA
• Supported by the Fish and Wildlife Service and
  other Federal agencies

The publication of the International Association
of Fish and Wildlife Agencies
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Tools and Incentives Candidate Species
The candidate list is an important tool, helping
to identify imperiled species and focusing
attention on the need to conserve them before
they receive Endangered Species Act protection.
By working to recover these species now, in
partnership with States, local communities and
individuals, we can implement flexible,
cost-effective conservation measures that put
them on the road to recovery.
USFWS Director Steve Williams USFWS photo
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Tools and IncentivesSafe Harbor Agreements

• Voluntary agreements for recovering listed
  species
• Open to states, businesses, individualsany
  non-Federal landowner
• Encourages landowners to improve conditions for
  listed species on their land by removing fear of
  subsequent restrictions on land use
• Can create long-term benefits for species
  extending beyond period of agreement

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Tools and IncentivesConservation Bank Agreements

• A Conservation Bank is a voluntary agreement with
  a landowner that provides an economically
  effective process to offset adverse impacts to
  listed species.
• Habitat for listed species is treated as a
  benefit rather than a liability.
• Simplifies regulatory compliance process.
• Reduces piecemeal approach to conservation
  efforts.

• Wilson Valley Mitigation Bank, Riverside County,
  California, managed by the Center for Natural
  Lands Management

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Tools and Incentives Cooperation with the States

• Grants
• Traditional Conservation Grants to States
• Habitat Conservation Plan Land Acquisition
• Habitat Conservation Planning Assistance
• Recovery Land Acquisition

The endangered Hawaiian monk seal will benefit
from added habitat through a section 6 recovery
land acquisition grant. Smithsonian
Institution photo
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Tools and Incentives Additional Service Grants

• Private Stewardship Grants
• Landowner Incentive Program
• State Wildlife Grants
• Tribal Grants

More than half of all listed species have 80
percent of their habitat on non-Federal land.
USFWS photo
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Guiding Principles

• Initiate conservation measures early to preclude
  the need to list species.
• Peer-review is essential in ensuring the use of
  sound science in decision-making, listing
  species, designating critical habitat, and
  developing recovery plans.
• Partnerships with States, other Federal
  agencies, local communities, non-governmental
  organizations, and individuals are the key to
  success in conserving and protecting species for
  the benefit of all.

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Guiding PrinciplesThe Four Cs

• Consultation, Cooperation, and Communication
  all in the service of Conservation

Department of the Interior Secretary Gale Norton.
DOI photo
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Fish and Wildlife ServiceRegional Offices
The endangered species program is on the web at
endangered.fws.gov
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Endangered Species Program, March 2004