The U.S. Fish and Wildlife Service is the lead federal agency responsible for managing
the Nation’s fish, wildlife, plants and their habitats for the continuing benefit
of the American people.
Several agencies in the federal government put our country’s conservation laws into
action, and the Service’s Ecological Services Program helps lead the way.
This presentation provides a brief overview about how the U.S. Fish and Wildlife Service
identifies and lists species under the Endangered Species Act.
Every single species on Earth needs a specific set of environmental conditions to live and
thrive.
As the ecological footprint of humans grows, however, the habitat required by a variety
of species is becoming increasingly unavailable.
Subsequently, a number of species’ populations have become unstable to the point where their
extinction is a real possibility.
The Endangered Species Act of 1973, as amended, or “ESA,” is one of the most far-reaching
wildlife conservation laws ever enacted by any nation.
Congress, on behalf of the American people, passed the ESA to prevent extinctions facing
many species of fish, wildlife and plants.
The purpose of the ESA is to conserve endangered and threatened species and the ecosystems
on which they depend as key components of America’s natural heritage.
To implement the ESA, the U.S. Fish and Wildlife Service works in cooperation with the National
Marine Fisheries Service, other Federal, State, and local agencies, Tribes, non-governmental
organizations, and private citizens.
Before a plant or animal species can receive the protection provided by the ESA, it must
first be added to the Federal lists of endangered and threatened wildlife and plants.
The List of Endangered and Threatened Wildlife (50 CFR 17.11) and the List of Endangered
and Threatened Plants (50 CFR 17.12) contain the names of all species and subspecies of
animals and plants that have been determined by the U.S. Fish and Wildlife Service, or
the National Marine Fisheries Service to be in the greatest need of Federal protection.
A species is added to the list when it is determined to be endangered or threatened
because of any of the following factors:
the present or threatened destruction, modification, or curtailment of its habitat or range;
overutilization for commercial, recreational, scientific, or educational purposes;
disease or predation;
the inadequacy of existing regulatory mechanisms, or;
other natural or manmade factors affecting its survival.
What do the terms “endangered” and “threatened” mean?
A species is listed under one of two categories, endangered or threatened, depending on its
status and the degree of threat it faces.
An “endangered species” is one that is currently in danger of extinction throughout
all or a significant portion of its range.
A “threatened species” is one that is likely to become endangered in the foreseeable
future throughout all or a significant portion of its range.
What are the criteria for deciding whether to add a species to the lists?
The ESA gives no preference to popular species or so-called “charismatic megafauna” or
“higher life forms.”
Listing of a species is based solely on the five factors identified previously and on
the basis of the best available scientific and commercial information.
To help conserve genetic diversity, the ESA defines “species” broadly to include subspecies
and, for vertebrates, distinct populations.
But how exactly, does a species become listed under the ESA?
It can happen two different ways: through the candidate assessment process or through
the petition process .
In the candidate assessment process Service biologists identify those species they consider
to be “candidates” for listing and protection under the ESA.
or…
The ESA allows any interested person to petition the Secretary of the Interior to add a species
to, or to remove a species from, the lists of endangered and threatened species.
What steps are involved in listing a species?
We follow a strict legal process known as a rulemaking or regulatory procedure.
Federal agencies follow this process to propose and adopt regulations that have the effect
of law and apply to all persons, organizations, and agencies under U.S. jurisdiction.
As a first step in assessing the status of species, we publish notices of review that
identify species that we believe may warrant listing.
We refer to these species as “candidates” for listing.
Through notices of review, we seek biological information that will help us to complete
the status reviews for these candidate species.
We then publish notices in the Federal Register, a daily Federal Government publication.
The full list of candidate species is available online at this address: http:// ecos.fws.gov/tess_public/reports/
candidate-species-report.
This link is provided in the notes below this video.
How do we decide which species to list?
Because of the number of candidates and the time required to list a species, we have developed
a priority system designed to direct our efforts toward the plants and animals in the greatest
need.
In our priority system, the degree or magnitude of threats to a particular species is the
highest criterion, followed by the immediacy of the threat, and finally the taxonomic distinctiveness
of the species (monotypic genus, then species, then subspecies, variety, or vertebrate population).
Beyond the need to conserve species already listed as endangered or threatened, we work
with our partners to conserve candidate species in order to prevent the need for listing.
Candidate Conservation Agreements are partnerships involving the Service and States or U.S. Territories,
Federal agencies, private agencies, and even you or your neighbor to reduce or remove the
threats to species on the brink of listing.
When we or the NMFS decide that a species needs to be listed under the ESA, we publish
a listing proposal in the Federal Register.
We may publish multi-species proposals when several candidate species share a common ecosystem.
To promote awareness of a proposal, we issue news releases, conduct special mailings, and
inform the scientific community, Tribes, and other Federal and State agencies.
In addition, we publish a summary of any proposal
as a legal notice in newspapers serving each area in which the species is believed to occur.
We may hold public hearings in cases of high public interest or if an interested party
asks us to do so within 45 days of the public announcement of a proposal.
Can you comment on a listing proposal?
Yes.
What do we do with comments and biological information?
In our final rulemaking, we analyze information received in public comments and testimony.
Within one year of a listing proposal, we may:
publish a final listing rule as originally proposed or revise it because of additional
biological data.
Withdraw the proposal because the biological information does not support the listing;
or;
If necessary, extend the proposal if there is substantial disagreement within the scientific
community concerning the biological appropriateness of the listing.
After a six-month extension, we are required to make a decision on the basis of the best
scientific information available.
A final listing rule generally becomes effective 30 days after publication in the Federal Register.
Can you nominate a species for listing?
Although we initiate most listing proposals, the listing process can start with a petition
to list a species from any member of the public.
Petitions are formal requests to list a species.
However, petitions need the support of solid biological data to be considered.
We consider any information submitted on the biology, distribution, or threats to the species
when making our decisions.
How does the Service respond to a petition?
The ESA requires that we make and publish specific findings on a petition.
We or the National Marine Fisheries Service (for most marine species) are required to
make a finding within 90 days of receiving a petition to the extent practicable as to
whether there is “substantial information” indicating that the petitioned action may
be warranted.
If this preliminary finding is positive, we conduct a status review.
Within one year of receipt of the petition, we must make a finding whether listing is
warranted.
A positive 12-month finding may be incorporated into a proposed rule to list a species.
However, if a proposal to list a species is precluded by higher priority listing activities,
we may defer the proposal.
This is known as a finding of “warranted but precluded.”
If this happens, the species becomes a candidate for listing and is added to our candidates
list.
These “warranted but precluded” findings require subsequent 12-month findings on each
succeeding anniversary of the petition until we either undertake a proposal or make a “not
warranted” finding.
What does “listing” mean for a species?
Once we add an animal or plant to the Lists, and, remember that there are separate lists
for plants and animals, protective measures apply.
These measures include:
protection from adverse effects of Federal activities (through consultations under section
7 of the ESA);
restrictions on taking, transporting, or selling a species;
authority to purchase important habitat; and
provide Federal aid to State and Commonwealth wildlife agencies that have cooperative agreements
with us to support species conservation and recovery.
These efforts contribute to species’ survival and assist in achieving the ultimate goals
of the Endangered Species Act — conserving plants and animals and maintaining their natural
diversity and the ecosystems upon which they depend.
For the U.S. Fish and Wildlife Service, this is Dave Harrelson. Thanks for watching.