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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
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.”
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Other species are in danger of extinction.
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Species have aesthetic, ecological, educational, historical, recreational,
and scientific value.
Purposes
“… to conserve endangered and threatened species and the ecosystems
on which they depend.”
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The two lead agencies responsible for implementation of the Act:
• National Marine Fisheries Service (NMFS)
• U.S. Fish and Wildlife Service (FWS)
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
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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.
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The petition process and requirements are outlined in 50 C.F.R. § 424.14
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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.
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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
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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
Plans (HCPs)
and Habitat Conservation
• 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
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Public enforcement results in criminal, civil penalty and
forfeiture actions
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In addition, citizens may initiate private legal actions to
enforce the ESA through citizen suits
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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
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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.
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Civil penalties can reach $27,500 per day per violation.
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Criminal violations of the Act – for negligent or knowing violations – of as
much as $50,000 per day, 3 years' imprisonment, or both.
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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."
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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.
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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.
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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.
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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.
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The tiger consists of eight subspecies, distinguished by the colour of their coat.
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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.
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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.
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The giant panda feeds mainly on bamboo, even though it is classified as a
carnivore.
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The black rhinoceros grows up to twelve feet long and six feet high. It weighs
up to three thousand pounds.
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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.
 Florida
Panther
(Everglades region)
 Red-cockaded
Woodpecker (old
growth timber of
Florida)
 Peregrine Falcon
 Bald Eagle
 WOOD
STORKS
 Adult
Condor
 Gray Wolf
 Sea
Otters