Endangered exam 1

3 pillars of conservation

Habitat management

Organism management

Human management

Law

Command of a sovreign backed by a sanction

3 types of law

Civil Law

Common Law

Rules and regulations

Civil law

Codes; specific remedies for each situation

Common law

Based on ideas of precedent: like cases are decided alike

Rules and Regulations

Like laws by created by administrative agencies

Case vs Statutory law

Judges make case law

Legislators make statutory

Standing

The right to have ones case heard before a judge

Statues

Formal acts of legislation passed by U.S Congress or State legislature

Ordinance

Enactments passed by county or city government

Take

To harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct

3 laws of Endangered species protection

Endangered Species Preservation Act (1966)

Endangered Species Conservation Act (1969)

Endangered Species Act (1973)

International conference mentioned in the ESA

Convention on International Trade in Endangered Species of Wild Fauna and Flowers (CITES)

Instrumental value

Has value only because of benefits to humans

4 basic categories of instrumental value

Goods

Services

Information

Psycho-spiritual

Intrinsic Value

Has value simply because it exists, independent of its use to humans (Biocentric)

Background extinction

Long periods of time when low extinction rates are occurring (handful of species at a time)

Mass extinctions

Large scale of extinction events, large number of species disappearing at a single time

Anthropogenic extinctions

Caused by a direct or indirect influence of humans

Why should we preserve plants & animals

Aesthetics - wildlife are objects of joy & beauty

Ecological - keystone species

Causes of extinction

Habitat Alteration

Unregulated Hunting

Predator control

Introduced species

Disease

Characteristics of endangered species

Large body size

Carnivores

Specialists - occupy specialized habitat type

Restricted distribution

Pose a human “threat”

K-selected

Human product value

Section 2

Findings and purposes

Purpose of the ESA

“To conserve endangered and threatened species and the ecosystems on which they depend on

Section 3

Definitions

Endangered

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

Threatened

Any species likely to become endangered in the foreseeable future

Critical Habitat

Specific geographic areas with physical & biological features essential to the conservation of a listed species

Section 4

Listing, critical habitat designation, recovery, monitoring

Candidate species

Species that warrant listing but are precluded by higher work load priorities are placed on a candidate species list

5 factors considered in determining whether a species is endangered or threatened

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

Over-use for commercial, recreation, scientific, or educational purposes

Disease or predation

Inadequacy of existing regulatory mechanisms

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

Recovery goals

Reduce or eliminate threats to listed species and plants

Restore self-sustaining wild populations

Remove species from list

What may exclude habitat from protection

Economic impact

Impact on national security

Section 5

Land acquisition

Section 6

Financial assistance to states and territories

Section 7

The role of federal agencies

Section 7 requires federal agencies to:

Conduct programs to conserve endangered and threatened species

Ensure that their actions are not likely to jeopardize listed species or adversely modify critical habitat

If agency action may affect a listed species or ciritcal habitat. What must they initiate?

A consultation

2 possible outcomes of consultations

Federal action is not likely to cause jeopardy

Federal action is likely to cause jeopardy

Section 8

International cooperation

Section 8A

Convention implementation

Section 9

Unlawful activities

Listed 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

Who does the take prohibition apply to?

Any person, including a federal agency

Section 10

Exceptions, including permits

What are Section 10(a)(1)(A) permits issued for?

Scientific purposes or to enhance the propagation or survival of a species

What are safe harbor and candidate conservation agreements used for

To encourage species conservation on non-federal lands

How are safe harbor and candidate conservation agreements different?

Safe harbor agreements are for listed species

Candidate conservation agreements are for candidate and non-listed species

Exceptions under section 10:

Experimental populations

Section 11

Penalties and enforcement

The fine for civil penalties under section 11

Up to $25k (pre-2016)

Up to $51,302 (2016-current)

The fine for criminal penalties under section 11

Up to $50k and/or a year in prison per violation

Candidate conservation agreements and safe harbor agreements were combined into what?

Conservation Benefit Agreement

Who can petition for a species to be listed as endangered?

Any U.S. Citizen

How long does the service review take?

90 days

2 outcomes of the service review

“Not substantial” information

“Substantial” information, listing “may be warranted”

How long is the review and information gathering period?

12 months

3 outcomes of the Review and Information gathering period

“Not warranted”

“Listing is Warranted”

“Warranted but precluded” (Candidate Species); Re-evaluate annually

How long is the Federal Register commend period?

60 days

2 outcomes of federal register comment period

Announce decision not to list

Publish final rule to list in Federal Register

2 outcomes after assessing is a species still needs protection under the ESA

No change in status warranted, species remains on the list

Publish proposed rule to delist or downlist in the Federal Register

2 outcomes of Federal Comment period on delisting

Announce decision to not delist or downlist in the Federal Register

Publish final rule to delist or downlist in the federal register

How long is a species monitored for after being delisted?

5 years