Lecture 5: Endangered Species Act

ESA stands for...

Endangered Species Act

3 Primary Purposes of ESA (Officially)

1. To provide a means whereby the ecosystems upon which endangered species and threatened species depend may be conserved

2. To provide a program for the conservation of such endangered species and threatened species

3. To take such steps as may be appropriate to achieve the purposes of the treaties and conventions set forth in subsection a of this section

How have experienced realists like Mollie Beattie expressed the ESA's purpose?

The ESA is the "emergency room of conservation policy".

What are some laws that fail first before ESA is enacted as the last resort?

Clean Water Act
Clean Air Act
Local planning and zoning
State fish and wildlife efforts

Who signed on ESA, and when?

Nixon, 1973

Which 2 prior legislation is the ESA built upon?

1. Lacey Act of 1900
2. Migratory Bird Treaty Act 1918

Lacey Act of 1900

Made it illegal to violate protection of species through interstate commerce

Migratory Bird Treaty Act 1918

Created a bag limit for birds to limit hunting

What is the millinery industry, and what was a big conservation issue in it?

Hat making
Big issue was getting feathers from birds

What was the problem with Fender Guitar?

They knowingly bought illegal wood from South Africa

What are some legislation from other countries that are similar to ESA (albeit not as far-reaching or mature?)

Species at Risk Act (Canada, 2002)
Wildlife and Countryside Act (UK, 1981)

Authority in administration of ESA depends on the species in question. Which 2 services are responsible, and what departments do they fall under?

FWS (U.S. Fish and Wildlife Service): Department of the Interior
NMFS (National Marine and Fisheries Services): Department of Commerce

2 Processes in administration

1. Listing
2. Recovery

2 points of initiation in listing process

1. Internal
2. External

What does "Warranted but Precluded" mean in the listing process?

A petitioned action should be taken, but immediate proposal of a regulation is prevented by something else.
Usually political reasons rather than biological.

Section 9 of ESA

Prohibits "take" of listed species by any person or non-federal entity subject to U.S. jurisdiction

What 7 terms constitute "take"?

Hunt
Harm
Harrass
Shoot
Wound
Kill
Collect
Or attempt one of these

Which of the 7 terms under "take" was most vague until it later got defined?

Harm

Which court cases were key in defining harm?

1979 Palila v State of Hawaii (beginning)
1995 Babbitt vs Sweet Home Chapter of Communities for a Great Oregon

1979 Palila v State of Hawaii

Palila is a bird coevolved with mamane.
Introduction of ungulates/goats to Hawaii caused decline in mamane and crash of palila.
State of Hawaii got sued by Hawaii Audobon Society
"Harm" got expanded to include habitat degradation.

1995 Babbitt vs Sweet Home

Spotted owl problem with housing development

Plants get (more/less) protection than animals, regardless of status

Less; only protected on federal grounds

Secretary of Interior

Has discretion in degree of application of section 9 provisions to threatened species

Endangered

Likely to go extinct in the near future

Threatened

Likely to become endangered soon

Threatened due to similarity of appearance

Protection of two species together.
Ex: Am. alligator (unlisted) and Am. crocodile;
-Protected together since when skin is used on products, can't tell which species it is

Jeopardize

Act in a way that would reasonably reduce the likelihood of survival of a species

Critical habitat

Habitat in/out of current range that's essential for species survival because of its biological or physical features

What happens if Informal Consultation suggests an action has no meaningful impact on critical habitat?

No regulation

When Formal Consultation is required and Service is preparing Biological Opinion, when must it be completed?

Within 90 days, and delivered within 45 days of Formal Consultation initiation.
Usually results in constraints on agency activities.

Recovery plan

Identifies and ranks:
-Actions that will recover the species, and
-Goals that when reached, should prompt down/de-listing

Who develops a recovery plan, and for whom?

A Recovery Team for the Regional Manager

When should recovery plans be developed?

Within 3 years of listing

Priority rank factors

Degree of threat
Recovery potential
Taxonomic distinctness (e.g. monotypic genus-species-subspecies)

Penalties for non-compliance with ESA's sections 9 and 7

Up to 1 year in prison and $50,000 fine
Revocation of licenses, etc.
Forfeiture of equipment

Greatest penalties for non-compliance

Criminal violations
Informed perpetrator
Endangered species

Citizen suit provision

Allows private entities to sue those that violate the Act's provisions

Evidence that ESA has not performed well

~3% listed species have been down/de-listed
Delisted species are usually easy fixes: extinctions or reclassifications
Number of listed species is increasing
Listed species biased for vertebrates and plants
Biased against invertebrates
~50% listed species continue declining

Causes of ESA's poor performance

Inherent problems:
-Reactive, not proactive or incentivizing
-Citizen suits (often for low-ranking species) take up time and money

Noninherent problems:
-Limited Congressional funding, usually earmarked for favored species
-Understaffed and inefficient services
-Late petition decisions
-Interference by political appointees

How do conservationists argue to improve ESA?

Amendment of ESA to be more proactive
Services should get more funding and staff

What are most current bills about ESA focused on?

Gutting based on anti-takings and anti-regulation sentiment

How long has the ESA been up for authorization?

Since 1992