U.S. Fish & Wildlife Service Slide 1 Introduction to the Endangered Species Act Endangered Species Program, March 2004

U.S. Fish & Wildlife Service

Slide 1

Introduction to the Endangered Species Act

Endangered Species Program, March 2004


Slide 2

Before the Endangered Species Act1900 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


Slide 3

1973 Endangered Species Act• Allows protection for all

species• Protects habitats as well as

species• Gives joint authority to Fish

and Wildlife Service and NOAA–Fisheries

Desert tortoise habitatUSFWS photo American alligator

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Slide 4

The Endangered Species ActSection 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


Slide 5

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.”


Slide 6

Endangered Any species in danger of extinction throughout all or a significant portion of its range

Key DefinitionsSection 3

Critical habitat USFWS photo

West Indian manatee USFWS photo

Oregon silverspot butterfly Photo by Jim Botoroff

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


Slide 7

Identifying species for possible designation as “endangered” or “threatened”

Petitioned for listing: the southern California mountain yellow-legged frog.

Photo by Vance Vredenburg, Associated Press

ListingSection 4

• 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


Slide 8

The northern sea otter is a candidate for listing.

Corel Corp. photo

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.

Candidate SpeciesSection 4


Slide 9

Five factors considered in determining whether a species is endangered or threatened:

1. Present or threatened destruction, modification, or curtailment of the species range or habitat

2. Over-use for commercial, recreational, scientific, or educational purposes

3. Disease or predation

4. Inadequacy of existing regulatory mechanisms

5. Other natural or man-made factors affecting the continued existence of the species

ListingSection 4


Slide 10

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

ListingSection 4


Slide 11

Listed Species by State

Endangered and threatened species are found throughout the United States. More than 1200 species of fish, wildlife, and plants are currently listed.

March 2004Puerto R ico: 75U.S. Virgin Islands: 13

81

2883

26

1729 90

1110 (NH)

8(VT)

27

21

2520

100

5542

16(NJ)11(DE)

14

8

11

25

3250

39

Hawaii: 312

54

19

15

54

31

15

15

12(CT)

18

17

1513

43

15(MA)

10(RI)

18 (MD)3 (DC)

13

Other Pacific Islands: 15

38

2350

37

288

R egion 1R egion 2R egion 3R egion 4R egion 5R egion 6R egion 7

7


Slide 12

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


Slide 13

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

RecoverySection 4


Slide 14

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


Slide 15

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 Zoo’s captive breeding program raises California condors for

release into the Ventana Wilderness Area.

Photo by Daniel Bianchetta, Ventana Wilderness Society

RecoverySection 4


Slide 16

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


Slide 17

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


Slide 18

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.

ConsultationsSection 7


Slide 19

The Corps of Engineers consults with the Fish and Wildlife Service about beach projects that “may affect” listed sea turtles.

USFWS photo

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



Slide 20

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”



Slide 21

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



Slide 22

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


Slide 23

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



Slide 24

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.



Slide 25

Prohibited ActsSection 9Listed 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.


Slide 26

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.

Prohibited ActsSection 9


Slide 27

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

PermitsSection 10


Slide 28

Section 10(a)(1)(A) permitting authority is used to encourage species conservation on non-Federal lands.

Private Landowner AgreementsSection 10

Type of Agreement Landowner agrees to… Fish and Wildlife Service assures…

Safe Harbor Agreement

take actions to benefit listed species on their land

no additional restrictions will be imposed as species populations improve

Candidate Conservation Agreements with Assurances

take actions to benefit candidate or other non-listed species on their land

no additional restrictions will be imposed if species is later listed


Slide 29

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.”

PermitsSection 10


Slide 30

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


Slide 31

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


Slide 32

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

Tools and IncentivesCandidate Conservation


Slide 33

• 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

Tools and Incentives State Conservation Agreements


Slide 34

“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.”

Tools and Incentives Candidate Species

USFWS Director Steve Williams

USFWS photo


Slide 35

Voluntary agreements for recovering listed species

• Open to states, businesses, individuals—any 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

Tools and IncentivesSafe Harbor Agreements


Slide 36

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

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.

Tools and IncentivesConservation Bank Agreements


Slide 37

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

Tools and Incentives Cooperation with the States


Slide 38

• 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

Tools and Incentives Additional Service Grants


Slide 39

• 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.

Guiding Principles


Slide 40

Guiding PrinciplesThe Four Cs

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

Department of the Interior Secretary Gale Norton.

DOI photo


Slide 41

Fish and Wildlife ServiceRegional Offices

The endangered species program is on the web at endangered.fws.gov

Endangered Species Program, March 2004

Documents

U.S. Fish & Wildlife Service Slide 1 Introduction to the Endangered Species Act Endangered Species Program, March 2004