Endangered Species Act

Endangered Species Act 1966 Whooping Crane inspires Congress to pass Endangered Species Preservation Act to protect critical habitats 1969 Whale conservation led to Endangered Species Conservation Act to prohibit import of listed species 1973 Pres. Nixon backs new Endangered Species Act to expand categories of endangered and threatened species, include partial regions, make it illegal to “take “ listed species.

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

OVERVIEW 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.” The two lead agencies responsible for implementation of the Act: National Marine Fisheries Service (NMFS) U.S. Fish and Wildlife Service (FWS)

Endangered or Threatened? A species is considered an endangered species when the species is in danger of extinction throughout all or a significant portion of its range A species is considered a threatened species when the species is likely to become endangered within the foreseeable future throughout all or a significant portion of its range

Agency Determinations The agencies determine which species are to be placed on either the endangered or the threatened species list by reviewing certain factors which qualify species for listing The agencies also determine which habitat qualifies for designation as critical habitat The FWS is required to publish lists of species the FWS or NMFS determines are endangered or threatened as well as any designated critical habitat Under Section 4 of the ESA, the FWS and NMFS make the lists for the species and habitat under their respective delegation The agencies themselves may initiate the listing or delisting of species or critical habitat In addition, any individual or any organization may file a petition with either FWS or NMFS to list, delist, or reclassify species or habitat. The petition process and requirements are outlined in 50 C.F.R. § 424.14

Rarest of the Rare The list of most endangered species includes: Cuban crocodile: Currently restricted to two small areas of Cuba. Grenada dove: The national bird of Grenada is threatened by habitat loss. Florida bonneted bat: Thought to be extinct in 2002; a small colony has since been discovered. Green-eyed frog: Only a few hundred of these small amphibians are left. Hirola: Also called Hunter's hartebeest; the hirola is a highly threatened African antelope. Ploughshare tortoise: With only 400 left, the ploughshare tortoise is threatened by the illegal pet trade. Island gray fox: Living on the California Channel Islands, this is the smallest fox in the United States. Sumatran orangutan: This population has declined 80 percent during the past 75 years. Vaquita: This small ocean porpoise is drowning in fishing nets. White-headed langur: Only 59 of these monkeys remain on a small island off Vietnam.

“Taking” ESA prohibits “take” of endangered fish and wildlife “Take” means to “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in such conduct” “Harm” is defined by the FWS as an act which actually kills or injures wildlife, but the act may also include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering Note that listed plants are not protected to the same extent as listed fish and wildlife because the prohibition against “take” applies only to listed animals

Incidental Takes Incidental Takes and Habitat Conservation Plans (HCPs) Upon application, anyone may request the FWS or the NFMS to issue an incidental take permit The applicant submits a habitat conservation plan (HCP) If the activities are minor in scope and effect, the submitted HCP is considered one of low effect and receives expedited permit processing When FWS makes an incidental take permit decision, it publishes a notice in the Federal Register, and calls for public comment

Enforcement Public enforcement results in criminal, civil penalty and forfeiture actions In addition, citizens may initiate private legal actions to enforce the ESA through citizen suits The agencies may enter into a management agreement with any state in the U.S. for the administration and management of any area established for the conservation of listed species Federal funds are provided to the states to implement the states’ conservation programs

The Penalties The US Fish and Wildlife Service and the National Marine Fisheries Service may impose administrative, civil, and criminal sanctions for failure to comply with the Endangered Species Act. Civil penalties can reach $27,500 per day per violation. Criminal violations of the Act – for negligent or knowing violations – of as much as $50,000 per day, 3 years' imprisonment, or both. A fine of as much as $250,000, 15 years in prison, or both, is authorized for “knowing endangerment” violations that knowingly place another species in imminent danger of death or serious bodily injury. Environmental Protection Agency (EPA) may impose administrative, civil, and criminal sanctions on a property owner and/or a contractor for failure to comply with the CWA. Administrative penalties can reach $157,500 and civil penalties can reach $32,500 per violation per day. In addition, the CWA allows private citizens to bring civil actions against any person for any alleged violation of "an effluent standard or limitation."

Asian Elephant & Blue Whale The Asian elephant is also known as the Indian elephant. It stands up to ten feet high and weighs up to 10,000 pounds. The Asian elephant is classified as an endangered species due to a reduction of at least 50% of the Asian elephant population over the last three generations based on a decline in area of occupancy and levels of exploitation. The Asian elephant has four subspecies: the Indian, Ceylon, Sumatran, and Malaysian elephants. The male blue whale grows to about 82 feet long, and the female grows to about 85 feet long. They weigh up to 285,000 pounds as an adult. The blue whale is endangered due to a reduction of at least 50% of the blue whale population over the last three generations based on direct observation, an index of abundance, and levels of exploitation. The blue whale is the largest mammal to have lived on the earth, but it feeds on some of the smallest marine organisms - plankton.

Hybrid Spider Monkey & Asiatic Cheetah The hybrid spider monkey grows to almost two feet long, not including the tail. It weighs from ten to fifteen pounds. The hybrid spider monkey is classified as an endangered species due to the fact that it only exists in severely fragmented subpopulations, and that there has been continuing decline in the hybrid spider monkey population. The hybrid spider monkey is known for its ability to use its tail as an extra limb. The Asiatic cheetah is classified as a critically endangered species due to an estimated population of less than 50 mature individuals, a continuing decline in numbers of mature individuals, and the fact that all Asiatic cheetahs are in a single population. Asiatic cheetahs can be found in Iran.

Chinese Paddlefish Silver Shark & Wild Common Carp The Chinese paddlefish is classified as a critically endangered species due to a projected reduction of at least 80% of the Alabama sturgeon population over the next ten years based on levels of exploitation and a decline in area of occupancy. The silver shark, also known as the Bala shark, is classified as an endangered species due to a reduction of at least 50% of the silver shark population over the last ten years based on direct observation and a decline in area of occupancy. The wild common carp is classified as a critically endangered species due to a projected reduction of at least 80% of its population over the next ten years based on a decline in area of occupancy and introduced pollutants, parasites, or other threats.

Tiger, Giant Panda & Black Rhinoceros The male tiger grows up to ten feet long from its head to the tip of its tail, and weighs up to 575 pounds. The tiger is classified as an endangered species due to the projected tiger population declining to at most 50% within three generations due to exploitation and a decline in area of occupancy. The tiger consists of eight subspecies, distinguished by the colour of their coat. The male giant panda stands up to five feet tall, and weighs up to 265 pounds. The female giant panda is smaller and weighs less. The giant panda is classified as an endangered species due to the fact that it only exists in severely fragmented subpopulations consisting of up to 250 mature adults, and that there has been continuing decline in the area of habitat. The giant panda feeds mainly on bamboo, even though it is classified as a carnivore. The black rhinoceros grows up to twelve feet long and six feet high. It weighs up to three thousand pounds. The black rhinoceros is classified as a critically endangered species due to a reduction of at least 80% of the black rhinoceros population over the last three generations based on direct observation, an index of abundance, and a decline in area of occupancy. The black rhinoceros is the most aggressive species in the rhinoceros family, and can charge at speeds up to thirty miles per hour.

Examples of Endangered Species Florida Panther (Everglades region) Red-cockaded Woodpecker (old growth timber of Florida) Peregrine Falcon Bald Eagle

Endangered Species WOOD STORKS

Endangered Species Adult Condor

Endangered Species Gray Wolf

Endangered Species Sea Otters