Endangered Species Act. A Compliance Overview. Endangered Species Act 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 in danger of extinction
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A Compliance Overview
…to provide a means to conserve ecosystems upon which endangered and threatened species depend
Section 2: Findings and Purposes
Section 3: Definitions
Section 4: Listing, Critical Habitat Designation, Recovery, Monitoring
Section 5: Land Acquisition
Section 6: Cooperation with the States
Section 7: Interagency Cooperation (Federal)
Section 8: International Cooperation
Section 9: Prohibited Acts
Section 10: Exceptions (Permits, experimental populations)
Section 11: Penalties and Enforcement
Sections 12-18: Misc
Conservation - to use all methods necessary to bring [listed] species to the point at which the ESA is no longer necessary
Endangered - species in danger of extinction throughout all or a significant portion of its range
Threatened - species likely to become endangered in the foreseeable future
Take - to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or to attempt to engage in any such conduct
Harm - “…significant habitat modificationor degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.”
50 CFR 17.3
Harass– “…an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly impair normal behavioral patterns including breeding, feeding or sheltering.” 50 CFR 17.3
Incidental take – Take that is incidental to, and not the purpose of, carrying out of an otherwise lawful activity
50 CFR 402.02
Who is responsible? non-federal land?
How do I get my ESA compliance?
What is the effect of your project on listed species and their habitat?
What can you do to facilitate ESA compliance? their habitat?