The Endangered Species Act (ESA) of 1973 (16 U.S.C. §§ 1531 et seq.)
established protection over the conservation of threatened and endangered
species and the ecosystems upon which they depend. An "endangered" species is a
species that is in danger of extinction throughout all or a significant portion
of its range, while a "threatened" species is one that is likely to become
endangered within the foreseeable future throughout all or in a significant
portion of its range.
All
federal agencies are required to implement protection programs for threatened
and endangered species and to use their authority to further the purposes of the
ESA. The NOAA Fisheries (National Marine Fisheries Service [NMFS]) and U.S. Fish
and Wildlife Service (USFWS) jointly administer the ESA and are also responsible
for the listing (i.e., the labeling of a species as either threatened or
endangered) of all "candidate" species. A "candidate" species is one that is the
subject of either a petition to list or status review, and for which the NMFS or
USFWS has determined that listing may be or is warranted (NMFS 2004). The NMFS
is further charged with the listing of all "species of concern" that fall under
its jurisdiction.
A
"species of concern" is one about which the NMFS has some concerns regarding
status and threats, but for which insufficient information is available to
indicate a need to list the species under the ESA (NMFS 2004). A species may be
a candidate for listing as a threatened or endangered species due to any of the
following five factors: (1) current/imminent destruction, modification, or
curtailment of its habitat or range; (2) overuse of the species for commercial,
recreational, scientific, or educational purposes; (3) high levels of disease or
predation; (4) inadequacy of existing regulatory mechanisms; or (5) other
natural or human-induced factors affecting its continued existence.
The
major responsibilities of the USFWS and NMFS under the ESA include: (1) the
identification of threatened and endangered species; (2) the identification of
critical habitats for these species; (3) the implementation of research programs
and recovery plans for these species; and (4) the consultation with other
federal agencies concerning measures to avoid, minimize, or mitigate the impacts
of their activities on these species (Section 7 of the ESA). Further duties of
the USFWS and NMFS include regulating “takes” of listed species on public or
private land (Section 9) and granting incidental take permits to agencies that
may unintentionally “take” listed species during their activities (Section 10a).
The ESA
allows the designation of geographic areas as critical habitat for threatened or
endangered species. The physical and biological features essential to the
conservation of a threatened or endangered species are included in the habitat
designation. Designation of critical habitat affects only federal agency actions
and federally funded or permitted activities. For the marine mammals, the NMFS
has jurisdiction over cetaceans (e.g., whales, dolphins, and porpoises) while
the USFWS has jurisdiction over pinnipeds (e.g., seals and sea lions) and
sirenians (e.g., manatees and dugongs). The NMFS has jurisdiction over sea
turtles while they are in the water and the USFWS has jurisdiction over sea
turtles on land (including eggs, hatchlings that are on the beach, and nesting
females). |
