Endangered Species Act Overview

USFWS Mission Statement

Our mission, working with others, to conserve, protect and enhance fish, wildlife

and plants and their habitats for the continuing benefit of

the American people

The Endangered Species Act

Passed in 1973 Purpose: To provide a means

whereby the ecosystems upon which endangered and threatened species depend may be conserved, and to provide a program for the conservation of such endangered and threatened species.

Passenger Pigeon

California Condor

Sections of the ESA Section 4: Listing, critical habitat,

and recovery plans Section 5: Land acquisition Section 6: Assistance to States and

Territories Section 7: Interagency Cooperation Section 8: International Cooperation Section 9: Prohibited Acts Section 10: Exceptions Section 11: Penalties and Enforcement

Section 4

Sets requirements and standards for listing Defines endangered vs. threatened Provisions for emergency listing

Provides for citizen petitions Mandates development of recovery

plans Requires designation of critical

habitat Designation of candidate species

What can we list?

Species Subspecies Distinct Population Segments of

vertebrates

What is a DPS?

Added in 1978 amendments but no definition provided

To be used “sparingly” Only applies to vertebrates Must fulfill three criteria:

Discrete Significant Meets definition of T or E

What is a Candidate Species?

Plants and animals for which we have sufficient information on biological status and threats to propose as endangered or threatened under the Act but development of a proposed listing regulation is precluded by higher priority listing activities.

Petitions Individuals or groups can petition us

to list or delist a species or designate/amend CH

We respond via: A 90-day finding determining if the

petition contains substantial information that the petitioned act MAY BE warranted;If yes, then we:

Conduct a 12-month finding to determine whether the petitioned action IS warranted

Outcomes: 1) list the species; 2) find not warranted; 3) find warranted but precluded by higher priority actions

Section 4 Listing Process

5-factor analysis Habitat destruction or modification Overutilization Disease or Predation Inadequate regulatory mechanisms Other factors

Regulatory process based solely on biology, not economics

Requirements for public comment and peer review

Critical Habitat

Habitat essential to the conservation of a listed species that may require special management

Can include Federal, State, Tribal or private lands

Areas can be excluded if benefits of exclusion outweigh the benefits of inclusion

Critical habitat protections apply only to Federal lands or actions

Special Rules

4(d) Rules Can tailor the ESA

prohibitions for threatened

Must provide for the conservation of the species

Provides substantial flexibility to only regulate what is needed to recover the species

Recovery: goal of ESAThe process by which the

decline of an endangered or threatened species is arrested or reversed, and threats to the survival are negated, so that its long-term survival in nature can be assured.

Recovery Plans: Blueprints for Recovery

Guides recovery actions for a listed species

Assist in determining when a project would jeopardize the continued existence of a listed species

Assist local planning agencies Identify priority research Inform the public Partnerships are key: can form recovery

teams that include scientists, other agencies, private landowners

Section 6: Grants to States and

Territories Traditional

For surveys, monitoring, or recovery actions

Funded at $10.5 million nationwide in FY14

Non-traditional Recovery Land Acquisition (FY14 =

$9.5 million) Habitat Conservation Planning

Assistance ($7.4 M) HCP Land Acquisition ($18 M)

Section 7(a)(1)

All Federal agencies shall use their authorities in the furtherance of the purposes of this Act by carrying out programs for the conservation of endangered and threatened species.

Section 7(a)(2)

Each Federal agency must, in consultation with the Service, ensure that any action funded, authorized, of carried out by the agency is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of critical habitat.

The Consultation Process

Federal agency considers the effects of its action on listed species

Coordinates with FWS, if an effect is likely Not likely to adversely affect = informal

consultation Likely to adversely affect = formal

consultation Purpose of formal consultation: to

determine if jeopardy and/or adverse modification are likely

Section 9

Prohibits “take” of listed animals

Take is defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.

Plant Prohibitions

Section 9 prohibitions for plants: remove and reduce to possession from

areas under Federal jurisdiction; maliciously damage or destroy on any

such lands remove, cut, dig up, or damage or

destroy on any other area in knowing violation of any law or regulation of any state or in the course of any violation of a state criminal trespass law.

Section 10 Exceptions

A way to authorize activities otherwise prohibited under Section 9 of the Act

10(a)(1)(A) For beneficial actions or research

10(a)(1)(B) – incidental take permits (HCP)

10(j) – experimental populations

Candidate Conservation Agreements with

Assurances Formal, voluntary agreements

between the FWS and landowners to address the conservation needs of candidate species or species likely to become candidates

Participants receive assurances that they will not be required to implement additional conservation measures beyond those in the CCAA

Safe Harbor Agreements Voluntary agreements involving private or

other non-Federal property owners whose actions contribute to the recovery of listed species

In exchange for conservation efforts, participants receive formal assurances that we will not require additional management activities

At the end of the agreement period, participants may return the enrolled property to the baseline conditions that existed at the beginning of the SHA.

What is an HCP? Section 10 of the Act provides exceptions

to section 9 prohibitions including the issue of permits to take listed animals incidental to otherwise legal activity.

Incidental take permit - permit that exempts a project proponent from the take prohibition of section 9.

Habitat Conservation Plan (HCP) - planning document that is a mandatory component of an incidental take permit application.

10(j) Rules

For reintroductions of listed species Can be given “non-essential,

experimental” Take prohibitions can be tailored to

only what is necessary to conserve

Exercising ESA Flexibility:

Tools for Private Lands Working lands for wildlife (NRCS),

CCAAs, SHAs 4(d) Rules: Dakota skipper, lesser

prairie chicken 10(j): Wyoming BFF Critical habitat exclusions: Dakota

skipper, poweshiek skipperling

What Makes a Successful Conservation Effort?

Addresses all threats on a large enough scope to affect the listing determination

Track record of success Methods have proven effective (Coral

Pink, Least Chub, Arctic Grayling) Additional populations established

(chub, grayling) Voluntary efforts show sufficient

participation (Sand Dunes Lizard)

Conservation efforts influence decisions

Can be used to avoid listing (Sand Dunes Lizard)

Can be the difference between T vs E

Can provide basis for a 4(d) rule for relaxed/streamlined regulation (LPC)