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