ESA

Question 1

What is the Lacy Act?

Answer 1

The predecessor to ESA in 1969

• Lacy Act of 1900!
• first line of effort by gov to preserve wildlife
• introduced by John F Lacy of Iowa
• signed by President McKinley
• directed more at preservation of game and wild birds
• a crime to poach game in one state and selling the bounty in another

Question 2

What is the Endangered Species Preservation Act of 1966?

Answer 2

This was PASSED PRIOR to the 1969 ESA

• set up a list of species native to the US that qualified as endangered
• animals were awarded certain protections from National Wildlife Refuge System
• the act was not sufficient and led to current act being expanded in 1969

Question 3

What is the Endangered Species Act of 1969?

Answer 3

an expansion of the Endangered Species Preservation Act

• develop a comprehensive list of species or subspecies of animals threatened with worldwide extinction
• prohibited importation
• limited exceptions for science, education, zoological or propogational purposes

Question 4

What is the Interstate Commerce Clause?

Answer 4

Foundational for current ESA

• provide real “teeth” missing in predecessors
• overrides “States Rights”
  . . . (aka fuck trump)

Question 5

Section 2 of ESA

Answer 5

Finding, purposes, and policy

• findings: Congress declares findings
• Purposes: provide a program for the conservation of endangered and threatened species
• Policy: all fed departments and agencies shall seek to conserve e and t species

Question 6

Section 3 ESA

Answer 6

Definitions

• “conserve, conserving, and conservation”
• basically, all methods and procedures necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to this act are no longer necessary
• endagered: any species which is in danger of extinction throughout all or a significant portion of its range other than a species of Class Insecta
• threatened: any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range
• Fish and Wildlife : any member of the animal kingdom

Question 7

Section 4 ESA

Answer 7

Determination of endangered and threatened species

• the Secretary makes determinations soley on the basis of the best scientific and commercial data available after conducting a review of the status of the species and taking into account those efforts
• the Secretary publishes each finding in the Federal Register

Question 8

Section 9 ESA

Answer 8

Prohbited Acts

unlawful to:

• import any such spcies or export
• take any species within the US or territories
• take any species upon the high seas
• possess, sell, deliver, carry, transport , ship, by any means whastsoever
• deliver, recieve, carry, transport, or ship in interstate or foregin commerce
• sell of offter for sale in interstate or forgein commerce any such species

Question 9

Section 7 ESA

Answer 9

Consultation between federal agencies

• Thresholds : Jeopardy and May Effect
• Consultation needs a biological assessment: 90 day review
• and 45 days to prepare biological opinion