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The Endangered Species act regulates the behaviors of federal agencies when interacting with species that are in decline such that they face a risk of extinction, and provides tools for regulating, incenting or disincenting the behaviors of others.
The act begins with "The Congress finds and declares that various species of fish, wildlife and plants in the United States have been rendered extinct as a consequence of economic growth and development untempered by adequate concern and conservation;"
Notes
- Wikipedia article
- A copy of The Act on a USFWS server
- A more accessible version of the act on the NMFS website.
- Opinions and rules are developed based on the status individual species, with trusteeship for individual species divided between the National Marine Fisheries Service and the US Fish and Wildlife Service.
- NMFS and USFWS published a 'safe harbor policy' in 1999.
- Section 7 of the act requires that all federal agencies implement the act, and consult with the services as necessary to determine compliance.
- Section 10 describes the mechanisms under which the services may permit take.
- File:USFWS 2010 endangered species agriculture tax deduction.pdf - farmers can deduct expenses for endangered species work from their taxable income.
- File:McElhany et al 2000 viable salmon populations and recovery.pdf describes the concept of "Viable Salmon Population Parameters" used both in effects analysis, and in describing delisting goals for salmon.
- A new rule for designation of critical habitat was published in 2019 in the Federal Register
- Clarifies designation of unoccupied habitat as critical habitat where there is reasonable certainty it is necessary for conservation.
Vocabulary
This section needs developing. The ESA uses a specific and evolved set of language that is linked to the law, regulatory rules, and implementation.
- Adverse Modification
- Baseline
- Biological Opinion
- Biological Assessment
- Critical Habitat
- Effect Pathways
- Foreseable Future - "the term foreseeable future extends only so far into the future as the Services can reasonably determine that the conditions potentially posing a danger of extinction in the foreseeable future are probable." (https://www.federalregister.gov/d/2019-17518/p-14)
- Jeopardy (Likely to Jeopardize)
- Likely - "more likely than not" [1]
- Listed Species
- Take
- Not Likely to Adversely Affect (NLAA)
- Physical and Biological Features (PBFs) - the features that occur in specific areas and that are essential to support the life-history needs of the species, including but not limited to, water characteristics, soil type, geological features, sites, prey, vegetation, symbiotic species, or other features. [2]
- Reasonable and Prudent Alternatives
- Reasonable and Prudent Measures
- Viable Salmon Population Parameters (VSPs)