Federal Listings
ESA: Endangered Species Act of 1973
The ESA provides for the conservation of species that are in danger of endangerment or extinction throughout all or a significant portion of their range and the conservation of the ecosystems on which they depend. A species must be listed if it is threatened or endangered due to any of the following five factors:
The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) share the responsibility for implementation of the Endangered Species Act of 1973. The FWS implements programs and regulations for terrestrial and freshwater species. The NMFS Office of Protected Resources (OPR) is charged with the implementation of the ESA for marine and anadromous species.
All Federal
agencies are required to undertake programs for the conservation of endangered
and threatened species, and are prohibited from authorizing, funding, or
carrying out any action that jeopardizes a listed species or destroys or
modifies its "critical habitat". Critical
habitat is defined as specific areas that are essential to the
conservation of a Federally listed species, and which may require special
management considerations or protection. The designation of critical habitat
does not affect land ownership or establish a refuge, wilderness, reserve,
preserve or other conservation area. It does not allow government or public
access to private lands. The ESA requires that critical habitat is designated
concurrently with the listing of a species, when prudent, and economic and
other impacts of designation were required to be considered in deciding on
boundaries
Section 4(f) of the ESA requires
that FWS or NMFS develop and implement plans for the conservation and survival
of endangered and threatened species. These 'Recovery Plans' are documents
prepared for listed species that detail the specific tasks needed for recovery
and provide a blueprint for private, Federal, and State cooperation in the
conservation of threatened and endangered species and their ecosystems. In
addition, the ESA requires that FWS or NMFS conducts a review of listed species
at least once every 5 years to determine whether species should be removed from
the list (delisted) or reclassified (from endangered to threatened or
threatened to endangered).
The entire text of the Endangered Species Act of 1973 is available at: http://www.fws.gov/endangered/ESA/ESA.html. More information about the FWS Endangered Species Program is available at http://www.fws.gov/endangered/. More information about the NMFS Endangered Species Program is available at: http://www.nmfs.noaa.gov/pr/laws/esa/.
ESA
Listing Codes:
Proposed: Any species of fish, wildlife, or plant that is
proposed in the Federal Register to be listed (as threatened or endangered) or
delisted under Section 4 of the Endangered Species Act.
Proposed Endangered: Proposed for federal listing as Endangered
NMFS: 'candidate
species' refers to: (1) species that are the subject of a petition to list and
for which NMFS has determined that listing may be warranted, and (2) species
for which NMFS has determined, following a status review, that listing is
warranted (whether or not they are the subject of a petition) [from 69 FR
19975; 4/15/2004]. For more information about species listed as Candidates by the
NMFS visit: http://www.nmfs.noaa.gov/prot_res/species/concern/index.html
FWS: Candidate
species are plants and animals for which the FWS has sufficient information on
their biological status and threats to propose them as endangered or threatened
under the ESA, but for which development of a proposed listing regulation is
precluded by other higher priority listing activities. For more information on
the FWS Candidate Conservation Program visit: http://www.fws.gov/endangered/candidates/index.html
NMFS: 'species of concern' refers to species about which 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. This may include species for which NMFS has determined, following a biological status review that listing under the ESA is 'not warranted,' but for which significant concerns or uncertainties remain regarding their status and/or threats [from 69 FR 19975; 4/15/2004]. For more information and a list of Species of Concern visit: http://www.nmfs.noaa.gov/prot_res/species/concern/index.html
FWS: Species of concern is
an informal term used by some, but not all, U.S. Fish and Wildlife Service
offices. The Sacramento Fish and Wildlife Office no longer maintains a Species
of Concern List for species in California (see lists below for information on
species of concern to other federal agencies). For more information visit: http://sacramento.fws.gov/es/spp_concern.htm.
The Marine Mammal Protection Act sets forth a national policy to prevent marine mammal species and population stocks from diminishing, as a result of human activities, beyond the point at which they cease to be significant functioning elements of the ecosystems of which they are a part.
The primary objective of marine mammal management under the MMPA should be to maintain the health and stability of the marine ecosystem and, when consistent with that primary objective, to maintain Optimum Sustainable Populations (OSP) of marine mammals. The Act includes a general moratorium on the taking and importing of marine mammals, which is subject to a number of exceptions. 'Take' is defined broadly to include actions that kill or harass marine mammals. Harassment includes pursuing, tormenting, and injuring animals as well as disturbing the animalís normal behaviors such as feeding.
The MMPA requires that the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (FWS) develop Stock Assessment Reports for all marine mammal stocks that occur regularly in U.S. waters. These reports are based upon the best available scientific information and include information on the distribution, abundance, population trends, human-caused mortality, and the Potential Biological Removal (PBR) of each stock. Stock assessment reports are reviewed annually for stocks designated as 'strategic' and for stocks for which new information is available. All other stocks are reviewed at least once every three years.
The Act also established the Marine Mammal Commission and provides the authority under which the Commission operates. For more information and links to the text of the MMPA, visit http://www.nmfs.noaa.gov/pr/laws/mmpa.htm or visit the Marine Mammal Commission website at http://www.mmc.gov/legislation/mmpa.html.
Depleted
If a population or stock falls below its OSP, it is
designated as 'depleted,' and a conservation plan is developed to guide
research and management actions to restore the population to healthy
levels. Links to the current stock
assessment reports, which determine if a stock should be designated as
depleted, are available on the NMFS Protected Species web site at:
http://www.nmfs.noaa.gov/prot_res/PR2/Stock_Assessment_Program/sars.html. For additional information about
depleted species visit: http://www.nmfs.noaa.gov/pr/PR2/depleted.html.
Strategic: Strategic Stock
Strategic stocks are those that (1) have a level of
direct human-caused mortality exceeding the calculated PBR level, (2) are
designated as depleted under the Marine Mammal Protection Act, (3) are listed
as endangered or threatened under the Endangered Species Act, or (4) are likely
to be listed as endangered or threatened in the foreseeable future. When
possible, measures should be identified and implemented to reduce mortality of
a strategic stock. Links to the current stock assessment reports are available
on the NMFS Protected Species web site at:
http://www.nmfs.noaa.gov/prot_res/PR2/Stock_Assessment_Program/sars.html
The
Migratory Bird Treaty Act is the domestic law that affirms, or implements, the
United Statesí commitment to four international conventions (with Canada,
Japan, Mexico and Russia) for the protection of shared migratory bird
resources. Each of the conventions protect selected species of migratory birds
that are common to both countries. Under the MBTA, taking, killing or
possessing any of these species of migratory birds (or their parts, nests or
eggs) is unlawful.
Visit
the following websites for a list of migratory birds protected under the MBTA (http://www.fws.gov/migratorybirds/intrnltr/mbta/mbtandx.htmll)
and to view the text of the MBTA (http://www4.law.cornell.edu/uscode/16/ch7.html). A summary of laws and treaties of the
U.S. for protecting migratory birds is available from http://migratorybirds.fws.gov/intrnltr/treatlaw.html
.
FWS:
Fish and Wildlife Service
BCC: Birds of Conservation
Concern
The goal of the Birds of
Conservation Concern 2002 report is to accurately identify the migratory and non-migratory bird
species (beyond those already designated as Federally threatened or endangered)
that represent the FWSís highest conservation priorities and draw attention to
species in need of conservation action. The FWS hopes, that by focusing
attention on these highest priority species, this report will promote greater
study and protection of the habitats and ecological communities upon which
these species depend, thereby ensuring the future of healthy avian populations
and communities. A copy of the report is available at http://migratorybirds.fws.gov/reports/bcc2002.pdf
.
Overfished
'Overfished' is defined in the Pacific Coast Groundfish Fisheries Management Plan (FMP) for each species or species complex. According to the FMP definition, a stock (or fish population) is considered overfished (or depleted) when its biomass falls below 25% of the unfished biomass (biomass is the weight of a population of fish). Once a stock is declared overfished, measures must be taken to rebuild stock abundance at an appropriate rate within an appropriate time frame. For most West Coast groundfish stocks, the target rebuilding level is 40% of the unfished biomass.
Precautionary Zone Stocks with biomass between 40% and 25% of the unfished biomass are considered in the 'precautionary zone'.
FS:
USDA Forest Service Sensitive: The Forest Service defines sensitive
species as those plant and animal species identified by a regional forester for
which population viability is a concern, as evidenced by significant current or
predicted downward trends in population numbers or density, or significant
current or predicted downward trends in habitat capability that would reduce a
speciesí existing distribution. Regional Foresters shall identify sensitive
species occurring within the region. They shall examine the following sources
as possible candidates for listing as sensitive species (Forest Service Manual
Title 2600): 1.
U.S.
Fish and Wildlife Service or National Marine Fisheries Service candidates for
federal listing or species of concern. 2.
State
lists of endangered, threatened, rare, endemic, unique, or vanishing species,
especially those listed as threatened under state law. 3.
Other
sources as appropriate in order to focus conservation management strategies and
to avert the need for federal or state listing as a result of National Forest
management activities. For information about the Pacific Southwest Regionís
Sensitive Species Program and a list of species go to: http://www.fs.fed.us/r5/projects/sensitive-species/. State Listings CESA: California Endangered Species Act The
California Endangered Species Act (Fish & Game Code ßß 2050, et seq.) generally parallels the main
provisions of the Federal Endangered Species Act and is administered by the
California Department of Fish and Game (CDFG). Under CESA, state agencies should avoid approving projects
which would jeopardize either the existence of a listed species or its
essential habitat. CESA
requires the California Fish and Game Commission to (1) adopt regulations for
petitioning to list a species as threatened or endangered and (2) establish
criteria for determining whether a species is endangered or threatened
(California Code of Regulations, Title 14 ß670.1). CESA prohibits the
"taking" of listed or candidate species except as otherwise provided
in State law. Fish and Game Code ß86 defines "take" as "hunt,
pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or
kill." The text of
the California Endangered Species Act can be found by searching the Fish and
Game Code available at: http://www.leginfo.ca.gov/calaw.html.
To view sections of the California Code of Regulations visit: http://government.westlaw.com/linkedslice/default.asp?SP=CCR-1000.
To view a list of species that are listed under CESA: http://www.dfg.ca.gov/hcpb/species/t_e_spp/tespp.shtml. Candidate: "Candidate species" means a native species or
subspecies of a bird, mammal, fish, amphibian, reptile, or plant that the
commission has formally noticed as being under review by the department for
addition to either the list of endangered species or the list of threatened
species, or a species for which the commission has published a notice of
proposed regulation to add the species to either list "Species
of Special Concern" (SSC) status applies to animals not listed under the
federal Endangered Species Act or the California Endangered Species Act, but
which nonetheless 1) are declining at a rate that could result in listing, or
2) historically occurred in low numbers and known threats to their persistence
currently exist. This designation is intended to result in special
consideration for these animals by CDFG, land managers, consulting biologists,
and others, and is intended to focus attention on the species to help avert the
need for costly listing under federal and State endangered species laws and
cumbersome recovery efforts that might ultimately be required. This designation
also is intended to stimulate collection of additional information on the
biology, distribution, and status of poorly known at-risk species, and focus
research and management attention on them. Department staff should consider
SSCs during 1) the environmental review process, 2) conservation planning
process, 3) the preparation of management plans for Department lands, and 4)
inventories, surveys, and monitoring (conducted either by the Department or
others with whom we are cooperating). For more information visit http://www.dfg.ca.gov/hcpb/species/ssc/ssc.shtml. The Bird Species of Special Concern List is currently being
revised (a draft version is available from http://www.prbo.org/cms/index.php?mid=230&module=browse). Some Species of Fully
Protected The
classification of Fully Protected was the State's initial effort in the 1960's
to identify and provide additional protection to those animals that were rare
or faced possible extinction. Lists were created for fish, mammals, amphibians
and reptiles, birds and mammals. Please note that most fully protected species
have also been listed as threatened or endangered species under the more recent
endangered species laws and regulations. For more information visit: http://www.dfg.ca.gov/hcpb/species/t_e_spp/fullypro/fully_pro.shtml. Fully Protected species may not be taken or possessed
without a permit from the Fish and Game Commission. Information on Fully
Protected species can be found in the Fish and Game Code, (birds at ß3511,
mammals at ß4700, reptiles at ß5050, and fish at ß5515; text of Fish and Game
Code available at http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=fgc) No Take Limited Take (number allowed) The Fish
and Game Commission sets hunting and sport fishing regulations including
seasons, bag limits, methods, and areas of take. The term 'No take' is used for species for which take or
possession is prohibited under the Fish and Game Code. The term 'limited take'
is used for species for which take or possession is limited under the Fish and
Game Code. The number of a given species that can be taken per day per person
is given in parenthesis (only species with a take limit of 3 or less are included
in this report). Laws or
regulations created by the Commission are included in either the Fish and Game
Code or Title 14 of the California Code of Regulations (CCR). These regulations are made available to
the general public in the annual publication of the 'Ocean Sport Fishing
Regulations Book' and the 'Fresh Water Sport Fishing Regulation Booklet'. These
booklets are available at http://www.fgc.ca.gov/html/fishregs.html. Sensitive The Board of Forestry classifies as 'sensitive species'
those species that warrant special protection during timber operations. More
information in the classification of sensitive species is given in ß919.12,
939.12, and 959.12 of the California Forest Practice Rules, which is part of
the California Code of Regulations Title 14, Chapter 4. The California Forest
Practice Rules are available at: http://www.fire.ca.gov/resourcemanagement/pdf/fpa200301.pdf.
Information about bird species that are classified as sensitive is given in
ß919.2, 939.2, and 959.2. Non-Government Organization (NGO)
Listings The
World Conservation Union (formerly the International Union for the Conservation
of Nature) is the world's largest conservation organization with government and
NGO members from over 140 countries. The IUCN advises and assists governments,
NGOs and scientific institutions in developing and implementing conservation
strategies. The Species Survival Commission, one of six global commissions
within IUCN, has been publishing the "Red List of Threatened Species"
for over 30 years. The Red List contains a roster of species that have been
assessed against strict criteria designed to determine their relative risk of
extinction. The main purpose of the IUCN Red List is to catalogue and highlight
those taxa that are facing a higher risk of global extinction. More information
can be found on the IUCN Red List website: http://www.redlist.org/. The IUCN
Red List Categories and Criteria have several specific aims: The
categories Critically Endangered: A taxon is Critically Endangered
when it is facing an extremely high risk of extinction in the wild in the immediate
future. Endangered: A taxon is Endangered when it is
not Critically Endangered but is facing a very high risk of extinction in the
wild in the near future. Vulnerable: A taxon is Vulnerable when it is not
Critically Endangered or Endangered but is facing a high risk of extinction in
the wild in the medium-term future. Near Threatened: A taxon is Near Threatened when it
does not qualify for Critically Endangered, Endangered or Vulnerable now, but
is close to qualifying for or is likely to qualify for a threatened category in
the near future. Lower Risk: A taxon is Lower Risk when it has
been evaluated, does not satisfy the criteria for any of the categories
Critically Endangered, Endangered or Vulnerable. Taxa included in the Lower
Risk category can be separated into three subcategories: conservation dependent: Taxa which are the focus of a
continuing taxon-specific or habitat-specific conservation program targeted
towards the taxon in question, the cessation of which would result in the taxon
qualifying for one of the threatened categories above within a period of five
years. near threatened: Taxa which do not qualify for
Conservation Dependent, but which are close to qualifying for Vulnerable. Data Deficient: A taxon is Data Deficient when there
is inadequate information to make a direct, or indirect, assessment of its risk
of extinction based on its distribution and/or population status. AFS:
American Fisheries Society AFS recognizes the following categories of risk to global
extinction for marine, estuarine & diadromous fish stocks: endangered,
threatened, vulnerable, or conservation dependent . The status of these
organisms was determined by applying risk criteria developed from peer-reviewed
knowledge and expert scientific opinion. These criteria are 1) rarity, 2) small
range and endemics, 3) specialized habitat requirements, and 4) population
resilience to decline. Endangered:
Species with a high
risk of extinction in the wild in the immediate future (years) Threatened:
Species that are
not endangered but facing risk of extinction in the near future (decades) Vulnerable:
Species that are
not endangered or threatened severely but at possible risk of falling into on
the these categories in the near future Conservation
Dependent: Species
with reduced numbers, but stabilized or recovering under a continuing
conservation plan For more detailed information visit the Marine Stocks at Risk of
Extinction page on the AFS website (http://www.fisheries.org/html/publications/epubs/mstocks/mstocks.shtml). Text of the paper by Musick et al
(2000) that outlines the criteria and provides information on species that meet
these criteria is also available (http://www.fisheries.org/html/fisheries/archive/FISHNov06-30.pdf) Audubon: The Audubon Society Watch
List 2002 WatchList species are those facing population declines and/or threats
such as habitat loss on their breeding and wintering grounds, or with limited
geographic ranges. The WatchList is a science-based system that focuses
attention on at-risk bird species so that limited resources are spent where
they are most needed. Audubon has used two independent assessments published by
BirdLife International and Partners In Flight respectively, to place species in
one of three categories: red, yellow, or green. Audubonís WatchList 2002
includes those species in the red and yellow categories. More information is available on the
Audubon WatchList website: http://www.audubon.org/bird/watchlist/ Categories: Red: species in this category are declining rapidly, have very small
populations or limited ranges, and face major conservation threats. These
typically are species of global conservation concern. Yellow: this category includes those species that are also
declining, but at a slower rate than those in the red category. These typically
are species of national conservation concern. Watch List American Bird Conservancy has compiled the United States
Bird Conservation Watch List which includes all the bird species in the United States of
conservation concern. The Watch List includes the Partners in Flight (PIF)
Watch List, the United States Shorebird Conservation Plan Watch List, and the
Waterbird Conservation for the Americas Watch List. Populations of some of
these birds are declining, with continued threats perceived. Others may be
stable, but their small population size and/or range indicate a need to at
least keep a close eye on their status. For some species on the Watch List, so
little is known that basic monitoring and research are necessary before
conservation actions can begin. The Watch List includes those species identified by the
major, collaborative, U.S. bird conservation initiatives as being of greatest
conservation concern in the country. The main purposes for creating the List
are (1) to highlight the plight of these birds and the need to generate more
resources for their conservation, and (2) to properly credit the tireless
efforts of the scientists, conservationists, and the organizations who work for
a common bird conservation agenda and collaborative solutions. More information
is available at: http://www.abcbirds.org/watchlist/.
View the Watch List at: http://www.abcbirds.org/watchlist/watchlist_list.htm International Listings CITES is an
international agreement between Governments to ensure that international trade
in specimens of wild animals and plants does not threaten their survival. The United State of America is one of
166 states that are currently bound to the provisions of CITES. The species
covered by CITES are listed in three Appendices, according to the degree of
protection they need. Appendix I: includes species threatened with extinction. Trade in
specimens of these species is permitted only in exceptional circumstances. Appendix II: includes species not necessarily threatened with extinction,
but in which trade must be controlled in order to avoid utilization
incompatible with their survival. Appendix III: contains species that are protected in at least one country,
which has asked other CITES Parties for assistance in controlling the trade. For
extensive information on CITES visit: http://www.cites.org/. The appendices are available at http://www.cites.org/eng/app/index.shtml. The
Convention on the Conservation of Migratory Species of Wild Animals (also known
as CMS) aims to conserve terrestrial, marine and avian migratory species
throughout their range. It is an inter-governmental treaty, concluded under the
aegis of the United Nations Environment Program, concerned with the
conservation of wildlife and habitats on a global scale. The United States of
America is one of 92 (as of 1 August 2005) member Parties from around the globe
(including Africa, Central and South America, Asia, Europe and Oceania. Appendix I: Migratory species that
have been categorized as being in danger of extinction throughout all or a significant
proportion of their range are listed on Appendix I of the Convention. CMS
Parties strive towards strictly protecting these animals, conserving or
restoring the places where they live, mitigating obstacles to migration and
controlling other factors that might endanger them Appendix II: Migratory species that
have an unfavorable conservation status or would benefit significantly from
international co-operation organized by tailored agreements are listed in
Appendix II to the Convention.. For
extensive information on CMS visit: http://www.cms.int/about/index.htm.
The appendices are available at http://www.cms.int/documents/appendix/cms_app1_2.htm#appendix_I
For more information on the Pacific Coast Groundfish FMP visit: http://www.pcouncil.org/groundfish/gffmp.html
CESA Listing Codes
Endangered: A native species or subspecies
of a bird, mammal, fish, amphibian, reptile, or plant which is in serious
danger of becoming extinct throughout all, or a significant portion, of its
range due to one or more causes, including loss of habitat, change in habitat,
overexploitation, predation, competition, or disease.
Threatened: A native species or subspecies
of a bird, mammal, fish, amphibian, reptile, or plant that, although not
presently threatened with extinction, is likely to become an endangered species
in the foreseeable future in the absence of the special protection and
management efforts.
Spp. Special
Concern: Species of Special Concern
DFG: Department of
Fish and GameCDF: California Department of Forestry
IUCN: The World Conservation Union
Red List of Threatened Species
USBC: United States Bird Conservation
CITES: The Convention on International Trade
in Endangered Species of Wild Fauna and Flora
CMS: Convention on Migratory Species