Title: Endangered Species Act
1Endangered Species Act
- GOALS
- Prevent species extinctions
- Increase numbers to the point where a species has
recovered and can be delisted
2Endangered Species Act
- Protection of gene pools
- Subspecies, evolutionary significant units
- Protection of populations
- Distinct population segments
- Protection of species
- Protection of habitat
- Recovery plans
- Incidental take permits
- Habitat Conservation Plans
Thylacine (Thylacinus cynocephalus) or Tasmanian
wolf extinct 1900s
3- ESUs distinct populations or groups of
populations of vertebrates. - Population unit must be reproductively isolated
from other populations of the same species to a
significant extent. - Population unit must represent an important
component in the evolutionary legacy of the
species.
Pacific coast coho salmon Oncorhynchus kisutch
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5Endangered Species Act
- Protection of gene pools
- Subspecies, evolutionary significant units
- Protection of populations
- Distinct population segments
- Protection of species
- Protection of habitat
- Recovery plans
- Incidental take permits
- Habitat Conservation Plans
Bajii, or Yangtze River dolphin 2007?
6- USFWS (2007) listed Alabama sturgeon as distinct
species rather than include it as part of the
more populous shovelnose sturgeon. - Decision based on morphology, not on genetics
(both species genetically identical).
Alabama sturgeon - Scaphirhynchus suttkusi
7Endangered Species Act
- Established procedures for
- Listing species as
- threatened likely to become endangered in the
foreseeable future throughout all or a
significant portion of its range, or - endangered at risk of extinction throughout
all or a significant portion of its range. - Designating critical habitat.
- Preparing recovery plans for listed species.
8Critical habitat
USFWS must designate critical habitat at the
time of listing to the maximum extent prudent
and determinable. Definition the specific
areas occupied by the species on which are found
those physical or biological features that are
essential for its conservation and that may
require special management considerations or
protection. May include areas that the species
does not occupy.
Monk seal, 1952 (declared extinct 2008)
9Criteria for Listing
- Present or threatened destruction or modification
of the species habitat or range - Overutilization for commercial, recreational,
scientific or educational purposes - Disease or predation
- Inadequate regulatory mechanisms
- Other factors affecting the species continued
existence - Any interested person can petition USFWS to
list species and start review process. Review
must provide substantiative scientific
information indicating listing may be warranted
10Recovery plans
- Within 2.5 years of listing, a formal recovery
plan must be completed - The goal is not only for protection, but to
remove species from the brink of extinction - Must include
- Site-specific management actions.
- Objective, measureable criteria for
- evaluating recovery.
- Estimates of time and costs
Pyrenean ibex, 2000 Last female killed by falling
tree
11What does the ESA do?
- Unlawful for any person subject to the
jurisdiction of the US to engage in acts
threatening to endangered and threatened species,
including taking, possession, transportation, and
sale
- Taking is defined broadly to include harass,
harm, pursue, hunt, shoot, wound, kill trap,
capture, or collect, or attempt to engage in any
such conduct.
12Does take habitat destruction?
- Palila v. Hawaii Dept. of Land and Natural
Resources - Court ruled that when the State allowed sheep and
goats on the slopes of Mauna Kea, the defoliation
caused by browsing changed the habitat,
endangered the Palila, and therefore constituted
a take.
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14Harm/harass
- This changed the definition of harm and harass
to any intentional or negligent act or omission,
including habitat modification, that creates the
likelihood of injury to wildlife by annoying it
to such an extent to significantly disrupt normal
behavior patterns which include, but are not
limited to breeding, feeding, or sheltering.
Canadian oystercatcher, 1940 (declared extinct
1994)
15What happens if there are Endangered Species on
your property?
- Incidental take permits Habitat Conservation
Plans - Landowners may receive a permit to take imperiled
species on their lands, provided that such
takings were incidental to otherwise lawful
activities (e.g., construction or timber
harvest). A landowner must prepare an HCP that
outlines how much take will occur as a result of
the proposed activity and what steps would be
taken to minimize and mitigate the effects. If
HCP minimizes and mitigates to the maximum extent
practicable, and that the taking is unlikely to
jeopardize the continued survival and recovery of
the species, then the HCP is approved and the
permit is issued and the project may commence.
16What is an HCP?
- Taking permitted on land if it will be incidental
- The applicant will, to the maximum extent
practicable, minimize and mitigate the impacts of
the taking - The applicant will ensure that adequate funding
for the plan will be provided - Taking will not appreciably reduce the likelihood
of the survival and recovery of the species in
the wild - and other stuff
17Components of aHabitat Conservation Plan
- Status
- Take
- Impact
- Mitigation
- Monitoring
18The (dreaded) no surprises clause
- Essentially, state and private landowners are
assured that if unforeseen circumstances arise,
the FWS will not require the commitment of
additional land, water, or financial compensation
or additional restrictions on the use of land,
water, or other natural resources beyond the
level otherwise agreed to in the HCP without the
consent of the permit holder.
Javan tiger, 1994
19Criticisms of ESA
- Decisions to list are not sufficiently timely and
are subject to political pressure. - Animal species are afforded more protection than
plants (plants and animals protected on federal
lands, but only animals on private lands.) - Protects distinct populations of vertebrates
but not plants or invertebrates.
20Criticisms of ESA
- Listing also favors vertebrates invertebrates
84 of all species in US and 1/3 or at-risk
species, but only account for 14 of listed
species. - Funding also favors vertebrates (especially
iconic species) 20 vertebrates in 2004 received
gt50 of funds10 to all plants.