The banning of DDT in accounts for most of the recovery, but habitat and nest protection enabled by the ESA certainly helped. Similarly, peregrine falcons recovered from the DDT tragedy to be removed from the endangered list in Other species that have been brought back from the brink include the San Clemente Island paintbrush a plant , the black-footed ferret and the Virginia big-eared bat.
There are invertebrates on the endangered species list. Most tend to be larger and more charismatic. Butterflies, beetles, snails, freshwater mussels and spiders are prevalent. There are certainly many smaller invertebrates that are rare but we lack the expertise and time to document their endangered status. The habitat protection afforded by the ESA for more conspicuous species helps protect these tinier species too. Alas, some species get removed from the endangered species list because the battle is lost.
The U. Fish and Wildlife Service recently released a list of 23 species that are now extinct. This list includes 11 birds, eight mussels, two fish, a bat and a plant. Do you remember walking on air in April of when a fuzzy video of a putative ivory-billed woodpecker from Arkansas went viral?
After much field work, no solid evidence of this species, last seen in , was found. Herb Wilson taught ornithology and other biology courses at Colby College. He welcomes reader comments and questions at [email protected]. Please wait for the page to reload. If the page does not reload within 5 seconds, please refresh the page. This profile is in addition to your subscription and website login.
Already have one? This Act shall not otherwise be construed to void any State law or regulation which is intended to conserve migratory, resident, or introduced fish or wildlife, or to permit or prohibit sale of such fish or wildlife.
Any State law or regulation respecting the taking of an endangered species or threatened species may be more restrictive than the exemptions or permits provided for in this Act or in any regulation which implements this Act but not less restrictive than the prohibitions so defined.
A the date of the close of the day period following the adjournment of the first regular session of the legislature of such State which commences after such date of enactment, or. A which is then a party to a cooperative agreement with the Secretary pursuant to section 6 c of this Act except to the extent that the taking of any such species is contrary to the law of such State ; or.
The Secretary's finding and publication may be made without regard to the public hearing or comment provisions of section of title 5, United States Code, or any other provision of this Act; but such prohibition shall expire 90 days after the date of its imposition unless the Secretary further extends such prohibition by publishing notice and a statement of justification of such extension.
All other Federal agencies shall, in consultation with and with the assistance of the Secretary, utilize their authorities in furtherance of the purposes of this Act by carrying out programs for the conservation of endangered species and threatened species listed pursuant to section 4 of this Act. In fulfilling the requirements of this paragraph each agency shall use the best scientific and commercial data available.
This paragraph does not require a limitation on the commitment of resources as described in subsection d. B In the case of an agency action involving a permit or license applicant, the Secretary and the Federal agency may not mutually agree to conclude consultation within a period exceeding 90 days unless the Secretary, before the close of the 90th day referred to in subparagraph A —. The Secretary and the Federal agency may mutually agree to extend a consultation period established under the preceding sentence if the Secretary, before the close of such period, obtains the consent of the applicant to the extension.
If jeopardy or adverse modification is found, the Secretary shall suggest those reasonable and prudent alternatives which he believes would not violate subsection a 2 and can be taken by the Federal agency or applicant in implementing the agency action.
B Consultation under subsection a 3 , and an opinion issued by the Secretary incident to such consultation, regarding an agency action shall be treated respectively as a consultation under subsection a 2 , and as an opinion issued after consultation under such subsection, regarding that action if the Secretary reviews the action before it is commenced by the Federal agency and finds, and notifies such agency, that no significant changes have been made with respect to the action and that no significant change has occurred regarding the information used during the initial consultation.
A the agency action will not violate such subsection, or offers reasonable and prudent alternatives which the Secretary believes would not violate such subsection;. B the taking of an endangered species or a threatened species incidental to the agency action will not violate such subsection; and.
C if an endangered species or threatened species of a marine mammal is involved, the taking is authorized pursuant to section a 5 of the Marine Mammal Protection Act of ;. If the Secretary advises, based on the best scientific and commercial data available, that such species may be present, such agency shall conduct a biological assessment for the purpose of identifying any endangered species or threatened species which is likely to be affected by such action.
Such assessment shall be completed within days after the date on which initiated or within such other period as is mutually agreed to by the Secretary and such agency, except that if a permit or license applicant is involved, the day period may not be extended unless such agency provides the applicant, before the close of such period, with a written statement setting forth the estimated length of the proposed extension and the reasons therefor and, before any contract for construction is entered into and before construction is begun with respect to such action.
Such assessment may be undertaken as part of a Federal agency's compliance with the requirements of section of the National Environmental Policy Act of 42 U. Any such biological assessment must, however, be conducted in cooperation with the Secretary and under the supervision of the appropriate Federal agency. G The President, after consideration of any recommendations received pursuant to subsection g 2 B shall appoint one individual from each affected State, as determined by the Secretary, to be a member of the Committee for the consideration of the application for exemption for an agency action with respect to which such recommendations are made, not later than 30 days after an application is submitted pursuant to this section.
B While away from their homes or regular places of business in the performance of services for the Committee, members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section of title 5 of the United States Code.
B When so authorized by the Committee, any member or agent of the Committee may take any action which the Committee is authorized to take by this paragraph.
C Subject to the Privacy Act, the Committee may secure directly from any Federal agency information necessary to enable it to carry out its duties under this section.
Upon request of the Chairman of the Committee, the head of such Federal agency shall furnish such information to the Committee. D The Committee may use the United States mails in the same manner and upon the same conditions as a Federal agency. E The Administrator of General Services shall provide to the Committee on a reimbursable basis such administrative support services as the Committee may request.
Such regulations shall require that information submitted in an application by the head of any Federal agency with respect to any agency action include, but not be limited to—. An application for an exemption shall be considered initially by the Secretary in the manner provided for in this subsection, and shall be considered by the Committee for a final determination under subsection h after a report is made pursuant to paragraph 5.
The applicant for an exemption shall be referred to as the "exemption applicant" in this section. For purposes of the preceding sentence, the term "final agency action" means i a disposition by an agency with respect to the issuance of a permit or license that is subject to administrative review, whether or not such disposition is subject to judicial review; or ii if administrative review is sought with respect to such disposition, the decision resulting after such review.
Such application shall set forth the reasons why the exemption applicant considers that the agency action meets the requirements for an exemption under this subsection. B Upon receipt of an application for exemption for an agency action under paragraph 1 , the Secretary shall promptly i notify the Governor of each affected State, if any, as determined by the Secretary, and request the Governors so notified to recommend individuals to be appointed to the Endangered Species Committee for consideration of such application; and ii publish notice of receipt of the application in the Federal Register, including a summary of the information contained in the application and a description of the agency action with respect to which the application for exemption has been filed.
B deny the application for exemption because the Federal agency concerned or the exemption applicant have not met the requirements set forth in subparagraph A i , ii , and iii. The denial of an application under subparagraph B shall be considered final agency action for purposes of chapter 7 of title 5, United States Code. A the availability of reasonable and prudent alternatives to the agency action, and the nature and extent of the benefits of the agency action and of alternative courses of action consistent with conserving the species or the critical habitat;.
B a summary of the evidence concerning whether or not the agency action is in the public interest and is of national or regional significance;. C appropriate reasonable mitigation and enhancement measures which should be considered by the Committee; and.
D whether the Federal agency concerned and the exemption applicant refrained from making any irreversible or irretrievable commitment of resources prohibited by subsection d. The Committee shall grant an exemption from the requirements of subsection a 2 for an agency action if, by a vote of not less than five of its members voting in person—. A it determines on the record, based on the report of the Secretary, the record of the hearing held under subsection g 4 and on such other testimony or evidence as it may receive, that—.
B it establishes such reasonable mitigation and enhancement measures, including, but not limited to, live propagation, transplantation, and habitat acquisition and improvement, as are necessary and appropriate to minimize the adverse effects of the agency action upon the endangered species, threatened species, or critical habitat concerned.
Any final determination by the Committee under this subsection shall be considered final agency action for purposes of chapter 7 of title 5 of the United States Code. If the Secretary makes a finding described in clause i , the Committee shall meet with respect to the matter within 30 days after the date of the finding. The Secretary of State shall, at the time of such certification, publish a copy thereof in the Federal Register. All necessary mitigation and enhancement measures shall be authorized prior to the implementing of the agency action and funded concurrently with all other project features.
Notwithstanding the preceding sentence the costs of such measures shall not be treated as project costs for the purpose of computing benefit-cost or other ratios for the proposed action. Any applicant may request the Secretary to carry out such mitigation and enhancement measures. The costs incurred by the Secretary in carrying out any such measures shall be paid by the applicant receiving the exemption.
No later than one year after the granting of an exemption, the exemption applicant shall submit to the Council on Environmental Quality a report describing its compliance with the mitigation and enhancement measures prescribed by this section.
Such a report shall be submitted annually until all such mitigation and enhancement measures have been completed. Notice of the public availability of such reports shall be published in the Federal Register by the Council on Environmental Quality. A copy of such petition shall be transmitted by the clerk of the court to the Committee and the Committee shall file in the court the record in the proceeding, as provided in section , of title 28, United States Code.
Attorneys designated by the Endangered Species Committee may appear for, and represent the Committee in any action for review under this subsection. Notwithstanding any other provision of this section, the Committee shall accept the determinations of the President under this subsection.
The President shall provide assistance which includes, but is not limited to, the acquisition, by lease or otherwise, of lands, waters, or interests therein to foreign countries under this section under such terms and conditions as he deems appropriate. Whenever foreign currencies are available for the provision of assistance under this section, such currencies shall be used in preference to funds appropriated under the authority of section 15 of this Act.
In the discharge of these responsibilities, the Secretary and the Secretary of State shall consult with the Secretary of Agriculture, the Secretary of Commerce, and the heads of other agencies with respect to matters relating to or affecting their areas of responsibility. Such steps shall include, but not be limited to—.
A cooperation with contracting parties and international organizations for the purpose of developing personnel resources and programs that will facilitate implementation of the Western Convention.
B identification of those species of birds that migrate between the United States and other contracting parties, and the habitats upon which those species depend, and the implementation of cooperative measures to ensure that such species will not become endangered or threatened; and.
C identification of measures that are necessary and appropriate to implement those provisions of the Western Convention which address the protection of wild plants. D possess, sell, deliver, carry, transport, or ship, by any means whatsoever, any such species taken in violation of subparagraphs B and C ;. E deliver, receive, carry, transport, or ship in interstate or foreign commerce, by any means whatsoever and in the course of a commercial activity, any such species;.
G violate any regulation pertaining to such species or to any threatened species of fish or wildlife listed pursuant to section 4 of this Act and promulgated by the Secretary pursuant to authority provided by this Act. B remove and reduce to possession any such species from areas under Federal jurisdiction; maliciously damage or destroy any such species on any such area; or remove, cut, dig up, or damage or destroy any such species 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;.
C deliver, receive, carry, transport, or ship in interstate or foreign commerce, by any means whatsoever and in the course of a commercial activity, any such species;. E violate any regulation pertaining to such species or to any threatened species of plants listed pursuant to section 4 of this Act and promulgated by the Secretary pursuant to authority provided by this Act.
B the date of the publication in the Federal Register of a final regulation adding such fish or wildlife species to any list published pursuant to subsection c of section 4 of this Act: provided , that such holding and any subsequent holding or use of the fish or wildlife was not in the course of a commercial activity. With respect to any act prohibited by subsections a 1 A and a 1 G of this section which occurs after a period of days from.
B Any person holding any raptor or progeny described in subparagraph A must be able to demonstrate that the raptor or progeny does, in fact, qualify under the provisions of this paragraph, and shall maintain and submit to the Secretary, on request, such inventories, documentation, and records as the Secretary may by regulation require as being reasonably appropriate to carry out the purposes of this paragraph.
Such requirements shall not unnecessarily duplicate the requirements of other rules and regulations promulgated by the Secretary. A such fish or wildlife is not an endangered species listed pursuant to section 4 of this Act but is listed in Appendix II to the Convention,.
B the taking and exportation of such fish or wildlife is not contrary to the provisions of the Convention and all other applicable requirements of the Convention have been satisfied,. C the applicable requirements of subsections d , e , and f of this section have been satisfied, and.
D such importation is not made in the course of a commercial activity, be presumed to be an importation not in violation of any provision of this Act or any regulation issued pursuant to this Act. A as an importer or exporter of fish or wildlife other than shellfish and fishery products which i are not listed pursuant to section 4 of this Act as endangered species or threatened species, and ii are imported for purposes of human or animal consumption or taken in waters under the jurisdiction of the United States or on the high seas for recreational purposes or plants; or.
A keep such records as will fully and correctly disclose each importation or exportation of fish, wildlife, plants, or African elephant ivory made by him and the subsequent disposition made by him with respect to such fish, wildlife, plants, or ivory;.
B at all reasonable times upon notice by a duly authorized representative of the Secretary, afford such representative access to his place of business, an opportunity to examine his inventory of imported fish, wildlife, plants, or African elephant ivory and the records required to be kept under subparagraph A of this paragraph, and to copy such records; and.
A are not listed pursuant to section 4 of this Act as endangered species or threatened species, and. B are imported for purposes of human or animal consumption or taken in waters under the jurisdiction of the United States or on the high seas for recreational purposes or plants, except at a port or ports designated by the Secretary of the Interior. For the purpose of facilitating enforcement of this Act and reducing the costs thereof, the Secretary of the Interior, with approval of the Secretary of the Treasury and after notice and opportunity for public hearing, may, by regulation, designate ports and change such designations.
The Secretary of the Interior, under such terms and conditions as he may prescribe, may permit the importation or exportation at nondesignated ports in the interest of the health or safety of the fish or wildlife or plants, or for other reasons if, in his discretion, he deems it appropriate and consistent with the purpose of this subsection.
A any act otherwise prohibited by section 9 for scientific purposes or to enhance the propagation or survival of the affected species, including, but not limited to, acts necessary for the establishment and maintenance of experimental populations pursuant to subsection j ; or.
B any taking otherwise prohibited by section 9 a 1 B if such taking is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. B If the Secretary finds, after opportunity for public comment, with respect to a permit application and the related conservation plan that—.
The permit shall contain such terms and conditions as the Secretary deems necessary or appropriate to carry out the purposes of this paragraph, including, but not limited to, such reporting requirements as the Secretary deems necessary for determining whether such terms and conditions are being complied with.
C The Secretary shall revoke a permit issued under this paragraph if he finds that the permittee is not complying with the terms and conditions of the permit. A no such exemption shall be for a duration of more than one year from the date of publication in the Federal Register of notice of consideration of the species concerned, or shall apply to a quantity of fish or wildlife or plants in excess of that specified by the Secretary;. B the one-year period for those species of fish or wildlife listed by the Secretary as endangered prior to the effective date of this Act shall expire in accordance with the terms of section 3 of the Act of December 5, 83 Stat.
C no such exemption may be granted for the importation or exportation of a specimen listed in Appendix I of the Convention which is to be used in a commercial activity.
A substantial economic loss resulting from inability caused by this Act to perform contracts with respect to species of fish and wildlife entered into prior to the date of publication in the Federal Register of a notice of consideration of such species as an endangered species;.
B substantial economic loss to persons who, for the year prior to the notice of consideration of such species as an endangered species, derived a substantial portion of their income from the lawful taking of any listed species, which taking would be made unlawful under this Act; or.
C curtailment of subsistence taking made unlawful under this Act by persons i not reasonably able to secure other sources of subsistence; and ii dependent to a substantial extent upon hunting and fishing for subsistence; and. Exceptions granted under this section may be limited by the Secretary in his discretion as to time, area, or other factor of applicability. Each notice shall invite the submission from interested parties, within thirty days after the date of the notice, of written data, views, or arguments with respect to the application; except that such thirty-day period may be waived by the Secretary in an emergency situation where the health or life of an endangered animal is threatened and no reasonable alternative is available to the applicant, but notice of any such waiver shall be published by the Secretary in the Federal Register within ten days following the issuance of the exemption or permit.
Information received by the Secretary as a part of any application shall be available to the public as a matter of public record at every stage of the proceeding. B any non-native permanent resident of an Alaskan native village; if such taking is primarily for subsistence purposes.
Non-edible byproducts of species taken pursuant to this section may be sold in interstate commerce when made into authentic native articles of handicrafts and clothing; except that the provisions of this subsection shall not apply to any non-native resident of an Alaskan native village found by the Secretary to be not primarily dependent upon the taking of fish and wildlife for consumption or for the creation and sale of authentic native articles of handicrafts and clothing.
Traditional native handicrafts include, but are not limited to, weaving, carving, stitching, sewing, lacing, beading, drawing, and painting. Such regulations may be established with reference to species, geographical description of the area included, the season for taking, or any other factors related to the reason for establishing such regulations and consistent with the policy of this Act.
A species can be listed in two ways. To be considered for listing, the species must meet one of five criteria section 4 a 1 : 1. There is the present or threatened destruction, modification, or curtailment of its habitat or range.
An overutilization for commercial, recreational, scientific, or educational purposes. The species is declining due to disease or predation? There is an inadequacy of existing regulatory mechanisms. There are other natural or manmade factors affecting its continued existence. Potential candidate species are then prioritized, with "emergency listing" given the highest priority. Species that face a " significant risk to their well being" are in this category.
According to the Supreme Court, the plain intent of Congress in enacting the ESA was to protect species from extinction at any cost. Thus, Federal Agencies may not consider the cost in making decisions.
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