US F & W ESA Interview Prep Flashcards
When was the ESA implemented and what President signed?
Dec 28, 1973 by President Nixon
What was the purpose of Section 2?
- States that there are fish, wildlife, and plant species that are extinct or endangered/threatened with extinction
- States that the USA values these species and pledges to conserve these species
- States that financial incentives will be provided to develop conservation programs
- States that the purpose of the ESA is to provide a means for protecting species and the ecosystems they depend on
- States that is Congress policy that all federal department will seek to conserve ESA species
What was the purpose of Section 3?
Provide definition of terms
Define conservation
The use of all methods and procedures which are necessary to bring any ESA species to the point at which the measures are no longer necessary
Define critical habitat
- Specific areas within the geographical area occupied by a species (at the time it’s listed) that have the physical or biological features essential to the conservation of the species and which may require management protection
- Specific areas outside the geographical area occupied by the species (at the time of listing) that are determined to be essential to the conservation of the species
Define endangered species
Any species which is in danger of extinction throughout all or a significant portion of its range (does not include pest insects which pose threat to human health etc.)
Define “take”
To harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in any such conduct
Define threatened species
Any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range
What was the purpose of Section 4?
To provide guidelines for determining if a species is endangered or threatened
What factors may lead to the designation of species at endangered or threatened?
- Present or threatened destruction, modification, or curtailment of its habitat or range
- Overutilization for commercial, recreational, scientific, or educational purposes
- Disease or predation
- Inadequacy of existing regulations
- Other natural or manmade factors affecting its continued existence
What is the determination of an ESA species based on?
The best scientific and commercial data available and considering the efforts being made to protect the species (habitat protection, conservation practices, etc.)
What 2 governmental positions are essential to the listing of ESA species? In what way?
The Secretary of Commerce informs the Secretary of Interior of listing determinations and the Secretary of the Interior lists them
What factors are considered for designating critical habitat?
The best available scientific data, economic impact, national security impact
How quickly must an ESA review begin after a petition for listing?
90 days
How quickly must a decision on listing be made after a petition?
12 months
How soon before regulation enforcement begin should states etc. be given notice?
At least 90 days before
How often must list reviews occur to determine if a species should be removed or have its status changed?
5 years
What is the guideline for cryptic species?
Secretary may treat any species as and ESA species (even if it’s not) if it looks so similar to a listed species that law enforcement officials may confuse the species
Describe recovery plans
Must be measureable and provide a timeline for achievement. Steps include:
1. Reducing or eliminating threats
2. Restoring or maintaining self-sustaining wild populations
3. Remove the species from the list because they have recovered to the point where they no longer need the protection of the ESA
How often do recovery plan progress reports need to occur?
Every 2 years
How long must states monitor the status of a recovered species after removal from the list?
At least 5 years
What was the purpose of Section 5?
- States that the Secretary shall establish and implement a program with the National Forest System to conserve listed species
- States that they may acquire land for conservation of listed species
- Funds may be used for acquiring land, water, etc. for conservation
What was the purpose of Section 6?
To provide guidelines for states cooperation
1. Secretary shall consult with states that are concerned before acquiring land/water for the purpose of conserving a listed species
2. Secretary may provide financial assistance (for conservation or monitoring programs) to states that have entered into cooperative agreements for conservation plans
What is the rule for when states laws are different than ESA rules for a listed species?
- States laws are void if they permit something that is prohibited in the ESA
- States laws may be more restrictive than the ESA, but NOT less restrictive
What was the purpose of Section 7?
Provides guidelines for interagency cooperation and ensures laws are following
1. Requires federal agencies to carry out conservation programs and limit impact on ESA species critical habitat
2. Federal agencies must consult with US Fish and Wildlife or NMFS to ensure any action they authorize, fund, or carry out will not be likely to jeopardize the continued existence of an ESA species or adversely modify designated critical habitat
3. Also requires federal agencies to have consultations to ensure no adverse effects will occur for PROPOSED ESA species or their critical habitat
How soon must a federal agency consultation occur?
90 days after application. Able to extend that if agreed to by applicant
What must the ESA provide for a federal agency consultation?
A biological opinion detailing how actions would affect the ESA species or critical habitat and must provide alternative action options
Before construction occurs if there’s a suspected ESA species, what must occur?
A biological assessment to determine if the species is there
How many days does a federal agency have to apply for an exemption after an ESA Section 7 consultation?
90 days
What was the purpose of Section 8?
Provide guidelines for international cooperation
1. The President may provide financial assistance to other countries to help develop programs for the protection of ESA species if it’s necessary for the species conservation
2. CITES = Convention on International Trade on Endangered Wild Fauna and Flora
What is CITES
The Convention on International Trade on Endangered Wild Fauna and Flora
1. Provides laws for the international trade of endangered species
What was the purpose of Section 9?
Provides an overview of prohibited acts under the ESA
Makes it unlawful to “take” individuals of an ESA species, including:
1. Importing/exporting through the USA
2. Take within USA waters
3. Take within the high seas
4. The possession, selling, delivering, carrying, transporting, shipping, or harming of ESA species
What was the purpose of Section 10?
To provide an overview of exemptions that may be given to the ESA
What are the specific conditions under which an ESA exemption may be permitted?
- Scientific purposes
- To enhance the propagation or survival of the species (including the establishment or maintenance of experimental populations)
- If the taking is incidental (not on purpose)
What are the specific rules for incidental take exemption permits?
An applicant must submit a conservation plan that includes:
1. statement of the impact of the taking on the species
2. steps they will take to minimize/mitigate impacts
3. the funding available for implementing steps
4. the alternative actions to taking that were considered and the reason they are not being utilized
Under what conditions may an incidental take exemption permit be granted?
After the opportunity for public comment, it is determined that:
1. the taking will indeed be incidental
2. the applicant will indeed minimize/mitigate the impact
3. the applicant can ensure that adequate funding for the mitigation plan will be provided
4. the taking will not appreciably reduce the likelihood of survival and recovery of the species in the wild
When may an incidental take exemption permit be revoked?
If the applicant is not complying with the terms and conditions of the permit
What is a hardship exemption permit?
A 1 year permit for a person that had a prior contract with the species before listing and the listing regulations would cause undue economic hardship
How does the ESA define undue economic hardship?
- substantial economic loss from the regulations of the ESA
- someone who prior to the listing derived a substantial portion of their income from the lawful taking of the species
- curtailment of subsistence taking for someone who cannot secure other sources of subsistence and who has a substantial dependence on subsistence taking to meet their needs
What exemptions may occur for native Alaskans?
For subsistence purposes or the creation and sale of authentic native articles of handicrafts and clothing
Can an ESA species population be released outside the current range of the species?
Yes, the Secretary may authorize that if it’s determined that such release will further the conservation of the species
What was the purpose of Section 11?
Provide guidelines for penalties and enforcement of the ESA
What is the maximum penalty for violation of the ESA
$50,000 or 1 year in prison
What is the rule for self-defense?
No penalty will be given if defendant can prove that they were acting to protect themselves or another person from an ESA species
Who gets a reward?
Anyone who provides information leading to an arrest or conviction related to the ESA
What happens when penalties exceed $500,000?
The excess money is deposited in the cooperative endangered species conservation fund
What was the purpose of Section 12?
To give the Secretary of the Smithsonian ability to review plants for ESA and report methods to adequately conserve the species
What was the purpose of Section 13?
To provide amendments to other Acts in order to protected endangered/threatened species and/or change verbiage to align with verbiage in the ESA
What was the purpose of Section 14?
To officially repeal the predecessor to the ESA called The Endangered Species Conservation Act of 1969
What was the purpose of Section 15?
To set limits for the funding to be given to specific department for carrying out the ESA for specific years
What was the purpose of Section 16?
To declare that the ESA takes effect on the date of its enactment
What was the purpose of Section 17?
States that no provision of the ESA shall take precedent over any more restrictive provision of the MMPA of 1972
What was the purpose of Section 18?
Requires the Secretary of Interior and Fish and Wildlife Service to submit and annual expenditure report to congress covering the federal and state expenditures made from the conservation of each ESA species
What are the 3 main phases of the Species Status Assessment?
- Document the life history and ecology of the species
- Describe the current condition of the species and hypothesize causes
- Project the future condition of the species
Define redundancy
The ability of the species to withstand catastrophic events by spreading risk among multiple populations across a large area
Define representation
The ability of a species to adapt to changing environmental conditions over time as characterized by the breadth of genetic and environmental diversity within and among populations
Define resiliency
The ability of a species to withstand stochastic disturbance (positively related to population size and growth rate and may be influenced by connectivity among populations)
Describe the info for the first stage of the SSA
Description of life history including trophic niches, reproductive strategies, biological interactions, habitat requirements
Describe the info for the second stage of the SSA
- population structure, distribution, abundance, demographic rates, diversity, habitat
- changes from historical to current conditions (trends)
- explanations or hypotheses of the causes and effects of stressors and conservation efforts that results in the current conditions
Describe the info for the third stage of the SSA
Predictions of the species responses to a range of plausible future scenarios of environmental conditions and conservation efforts
Unavoidably uncertain
Define candidate conservation
Conservation actions taken in advance of an ESA decision for a candidate species
When would an SSA turn to expert judgment?
Only after all other sources of data are exhausted
Analysts do NOT seek group consensus
Instead, the variation in judgment among experts is an important source of uncertainty
Define quasi-extinction threshold
The point at which a population is so small that extinction is unavoidable
Define viability
The ability of a species to sustain populations in the wild over time
What is the output of a Species Status Assessment?
A description of a species’ anticipated future status
Define demographic stochasticity
Variability in population growth rate arising from random differences among individuals in survival and reproduction within a season
Define environmental stochasticity
Unpredictable spatiotemporal fluctuation in environmental conditions, often resulting from weather, disease, and predation or other factors external to the population
