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Encyclopedia > Endangered Species Act

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The Endangered Species Act of 1973 (7 U.S.C. § 136, 16 U.S.C. § 1531 et seq.) or ESA is the most wide-ranging of the dozens of United States environmental laws passed in the 1970s. As stated in section 2 of the act, it was designed to protect critically imperiled species from extinction as a "consequence of economic growth and development untendered by adequate concern and conservation." ESA is a TLA that can stand for European Space Agency Entertainment Software Association Ecological Society of America electrostatic self-assembly Epsilon Sigma Alpha International, a womens service organization. ... Title 7 of the United States Code outlines the role of agriculture in the United States Code. ... Title 16 of the United States Code outlines the role of conservation in the United States Code. ... Wikipedia does not yet have an article with this exact name. ... The Siberian Tiger is a subspecies of tiger that are critically endangered. ... For other uses, see Extinction (disambiguation). ... To conserve habitat for wild species and prevent their extinction or reduction in range is a priority of a great many groups that cannot be easily characterized in terms of any one ideology. ...


History

In 1972, President Nixon declared current species conservation efforts to be inadequate and called on the 93rd United States Congress to pass comprehensive endangered species legislation.[1] Congress responded by creating the Endangered Species Act of 1973 which was signed by Nixon on December 28, 1973 (Pub.L. 93-205). 1973 also saw the creation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). CITES is an international agreement restricting international commerce in plant and animal species believed to be actually or potentially harmed by trade. The U.S. CITES list includes all species protected by the ESA in addition to species which are vulnerable but not yet threatened or endangered. Year 1972 (MCMLXXII) was a leap year starting on Saturday (link will display full calendar) of the Gregorian calendar. ... Order: 37th President Vice President: Spiro Agnew (1969–1973), Gerald R. Ford (1973–1974) Term of office: January 20, 1969 – August 9, 1974 Preceded by: Lyndon B. Johnson Succeeded by: Gerald R. Ford Date of birth: January 9, 1913 Place of birth: Yorba Linda, California Date of death: April 22... The Ninety-third United States Congress was in session from 1973 to 1975. ... is the 362nd day of the year (363rd in leap years) in the Gregorian calendar. ... For the song by James Blunt, see 1973 (song). ... This article or section does not adequately cite its references or sources. ... The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is an international agreement between Governments, drafted as a result of a resolution adopted in 1963 at a meeting of members of the World Conservation Union (IUCN). ...


The stated purpose of the Endangered Species Act is to protect species and also "the ecosystems upon which they depend." It encompasses plants and invertebrates as well as vertebrates. It does not expressly include fungi, which were widely considered to be plants in 1973. u fuck in ua ... Invertebrate is a term coined by Chevalier de Lamarck to describe any animal without a backbone or vertebra, like insects, squids and worms. ... Typical classes Petromyzontidae (lampreys) Placodermi - extinct Chondrichthyes (cartilaginous fish) Acanthodii - extinct Actinopterygii (ray-finned fish) Actinistia (coelacanths) Dipnoi (lungfish) Amphibia (amphibians) Reptilia (reptiles) Aves (birds) Mammalia (mammals) Vertebrata is a subphylum of chordates, specifically, those with backbones or spinal columns. ... Divisions Chytridiomycota Zygomycota Ascomycota Basidiomycota The Fungi (singular: fungus) are a large group of organisms ranked as a kingdom within the Domain Eukaryota. ...


ESA is administered by two federal agencies, the FWS and the NOAA (which includes the National Marine Fisheries Service NMFS). NOAA handles marine species, and the FWS has responsibility over freshwater fish and all other species. Species that occur in both habitats (e.g. sea turtles and Atlantic sturgeon) are jointly managed. The USFWS logo The United States Fish and Wildlife Service is a unit of the United States Department of the Interior that is dedicated to managing and preserving wildlife. ... The National Oceanic and Atmospheric Administration (NOAA) is a scientific agency of the United States Department of Commerce focused on the conditions of the oceans and the atmosphere. ... The National Marine Fisheries Service (NMFS) is a part of the U.S. National Oceanic and Atmospheric Administration (NOAA). ... Turtles and terapins may mean: plural of turtle Teenage Mutant Ninja Turtles The Turtles band Turtles band Turtles Music stores See also: Turtle (disambiguation) This is a disambiguation page: a list of articles associated with the same title. ... The Atlantic Sturgeon (Acipenser oxyrhynchus oxyrinchus) is a member of the Acipenseridae family and is among one of the oldest fish species in the world. ...


The Act contains a citizen suit clause, (Section 11) which allows citizens to sue the government to enforce the law. The first major legal challenge was over the Tennessee Valley Authority's Tellico Dam and Tellico Reservoir, which threatened to extirpate the snail darter fish. See snail darter controversy for more information. This article or section does not cite any references or sources. ... Tellico Dam impounded Tellico Reservoir by the Tennessee Valley Authorityis located in Loudon County, Tennessee in eastern Tennessee, southwest of Knoxville, on the Little Tennessee River. ... Tellico Reservoir, also known as Tellico Lake, is an artificial lake in Tennessee, created by the Tennessee Valley Authority (TVA) in 1979 upon the completion of Tellico Dam. ... Binomial name Percina tanasi Etnier, 1976 The snail darter is a small (up to 9cm long) fish native to waters of East Tennessee. ... // Overview On August 12, 1973 University of Tennessee biologist and professor David Etnier discovered the snail darter in the Little Tennessee River while doing research related to a lawsuit involving the National Environmental Policy Act (NEPA), the Tellico Dam, then under construction on the Little Tennessee River near the confluence...


In March 2008, The Washington Post reported that documents showed that the Bush Administration, beginning in 2001, had erected "pervasive bureaucratic obstacles" that limited the number of species protected under the act: 2008 (MMVIII) will be a leap year starting on Tuesday of the Gregorian calendar. ... The Washington Post is the largest newspaper in Washington, D.C.. It is also one of the citys oldest papers, having been founded in 1877. ... The Presidency of George W. Bush, also known as the George W. Bush Administration, began on his inauguration on January 20, 2001 as the 43rd and current President of the United States of America. ... This article is about the year. ...

  • From 2001 to 2003, until a U.S. District Court overturned the decision, Fish and Wildlife Service officials said that if that agency identified a species as a candidate for the list, citizens could not file petitions for that species.
  • Interior Department personnel were told they could use "info from files that refutes petitions but not anything that supports" petitions filed to protect species.
  • Senior department officials revised a longstanding policy that rated the threat to various species based primarily on their populations within U.S. borders, giving more weight to populations in Canada and Mexico, countries with weaker protections than the U.S.
  • Officials changed the way species were evaluated under the act by considering only where the species currently lived, rather than where they used to exist.
  • Senior officials repeatedly dismissed the views of scientific advisers who said that species should be protected.[2]

This article is about the year. ... Year 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ... The United States district courts are the general trial courts of the United States federal court system. ... The USFWS logo The United States Fish and Wildlife Service is a unit of the United States Department of the Interior that is dedicated to managing and preserving wildlife. ...

Listing

The ESA only protects species which are officially listed as "threatened" or "endangered". A species can be listed in two ways. The first is for the FWS or NOAA Fisheries to take the initiative and directly list the species. The second is via individual or organizational petition which prompts FWS or NMFS to conduct a scientific review. There are two categories on the list, endangered and threatened. Endangered species are closer to extinction than threatened species. A third status is that of "candidate species". Under this status, the FWS has concluded that listing is warranted but immediate listing is precluded due to other priorities (limited time, perhaps political pressure to delay listing). The Siberian Tiger is a subspecies of tiger that are critically endangered. ... For other uses, see Extinction (disambiguation). ...


The annual rate of listing (i.e. classifying species as "threatened" or "endangered") increased steadily from the Ford administration (15) through Carter (31), Reagan (32), George H. W. Bush (59), and Clinton (65), but declined under George W. Bush (8 per year as of 12/31/05).[3] The rate of listing is strongly correlated with citizen involvement and mandatory timelines: as agency discretion decreases and citizen involvement increases (i.e. filing of petitions and lawsuits) the rate of listing increases.[3] The longer species are listed, the more likely they are to be classified as recovering by the FWS.[4] For other persons named Gerald Ford, see Gerald Ford (disambiguation). ... For other persons named Jimmy Carter, see Jimmy Carter (disambiguation). ... Reagan redirects here. ... George Herbert Walker Bush (born June 12, 1924) was the 41st President of the United States, serving from 1989 to 1993. ... Order: 42nd President Term of Office: January 20, 1993–January 20, 2001 Preceded by: George H. W. Bush Succeeded by: George W. Bush Date of birth: August 19, 1946 Place of birth: Hope, Arkansas Date of death: Place of death: First Lady: Hillary Rodham Clinton Political party: Democratic Vice President... George Walker Bush (born July 6, 1946) is the forty-third and current President of the United States of America, originally inaugurated on January 20, 2001. ...


By March 2008, after more than seven years of the Bush Administration, 59 additional domestic species had been placed on the endangered list, an annual rate of less than nine per year.[2]


Enforcement and Penalties

Section 11 of the Endangered Species Act describes the violations and penalties that may be enforced under law. The United States Secretary of State, the Secretary of the Treasury, or the Secretary of the Department in which the Coast Guard is operating are the bodies of the federal government responsible for enforcing the provisions of this Act. The U.S. Fish and Wildlife Service plays the predominant role in law enforcement of the Endangered Species Act. [1] The United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. ... The United States Secretary of the Treasury is the finance minister of the Federal Government of the United States. ... For the 2002 South Korean film, see The Coast Guard (film). ... The USFWS logo The United States Fish and Wildlife Service is a unit of the United States Department of the Interior that is dedicated to managing and preserving wildlife. ...


Penalties: There are different degrees of violation with the law. The most punishable offense is enforced upon those who knowingly break the law through acts of importing or exporting, taking, possessing, selling, delivering, carrying, transporting, or shipping—essentially trafficking endangered species without permission from the Secretary.[2] Any act of knowingly "taking" (which includes harming, wounding, or killing) an endangered species is also subject to the same penalty. The penalties for these violations can be a maximum fine of up to $50,000 or imprisonment for one year, or both, and civil penalties of up to $25,000 per violation, may be assessed. Also note that as your violation history accumulates, you are subject to larger fines and penalties. For lists of violations and exact fines (because fines are based on the degree of the violation) there is a table available through the National Oceanic and Atmospheric Administration web-site: [3]. An important provision of this law is that no penalty may be imposed if it can be shown by a preponderance of the evidence that the defendant committed an act based on a good faith belief that he was acting to protect himself or herself or any other individual from bodily harm, from any endangered species or threatened species. The law also eliminates criminal penalties for accidentally killing listed species during farming and ranching activities.[4] International trade is defined as trade between two or more partners from different countries (an exporter and an importer). ... International trade is defined as trade between two or more partners from different countries (an exporter and an importer). ... Trafficking is a term to describe a transnational illegal activity, involving transporting, usually smuggling drugs, transporting small arms or people. ... A civil penalty or civil fine is a term used to describe when the state seeks monetary relief against an individual as restitution for wrongdoing by the individual. ... The National Oceanic and Atmospheric Administration (NOAA) is a scientific agency of the United States Department of Commerce focused on the conditions of the oceans and the atmosphere. ... Preponderance of the evidence is the level of burden of persuasion typically employed in the civil procedure and administrative law. ... Bona fide redirects here. ... The Siberian Tiger is a subspecies of tiger that are critically endangered. ...


Further punishment besides fines and imprisonment can be in the form of revocation, suspension, or modification of a license, permit, or other agreement issued by a Federal Agency, that authorized a person to import or export fish, wildlife, or plants. Any federal hunting or fishing permits that were issued to a person who violates the ESA can be canceled or suspended for up to a year by the Secretary who will not be held responsible for any losses that ensue.


What the Secretary does with monies received through violations of the ESA: A reward will be paid to any person who furnishes information which leads to an arrest, conviction, or revocation of a license, so long as they are not a local, state, or federal employee in the performance of official duties. The Secretary may also provide reasonable and necessary costs incurred for the care of fish, wildlife, or plant pending the violation caused by the criminal. If the balance ever exceeds $500,000 the Secretary of the Treasury is required to deposit an amount equal to the excess into the cooperative endangered species conservation fund.


Mitigation for Endangered Species Violations: A person may apply for an HCP (Habitat Conservation Plans) if they know they want to develop an area that already has endangered species present. They are required to apply through the U.S. Fish and Wildlife Service and are required to minimize and fully mitigate the impacts to the species (for further information look at the HCP information on this page). The Siberian Tiger is a subspecies of tiger that are critically endangered. ... The USFWS logo The United States Fish and Wildlife Service is a unit of the United States Department of the Interior that is dedicated to managing and preserving wildlife. ...


Valuation of Species: In a sense, these fines reflect our society's value of endangered species. There has been a lot of interesting research done on the contingent valuation of endangered species [5] and other cost-benefit analyses of the Endangered Species Act which attempt to quantify the costs and benefits of preserving endangered species.[6] The extent to which our government punishes and provides funds for enforcing the laws of the ESA reflect the degree to which extinction of species is a priority to our society. Contingent valuation is a survey-based economic technique for the valuation of non-market resources, typically environmental areas. ... Cost-benefit analysis is an important technique for project appraisal: the process of weighing the total expected costs against the total expected benefits of one or more actions in order to choose the best or most profitable option. ...


Recovery Plans

FWS and NOAA Fisheries are required to create a Recovery Plan outlining the goals, tasks required, likely costs, and estimated timeline to recover endangered species (i.e. increase their numbers and improve their management to the point where they can be removed from the endangered list).[5] The ESA does not specify when a recovery plan must be completed. The FWS has a policy specifying completion within three years of the species being listed, but the average time to completion is approximately six years.[3] The annual rate of recovery plan completion increased steadily from the Ford administration (4) through Carter (9), Reagan (30), Bush I (44), and Clinton (72), but declined under Bush II (16 per year as of 9/1/06).[3] Recovery Plan is a program in the USA to develop protocols for protecting and enhancing rare and endangered species populations. ...


Recovery plans benefit species as indicated by the fact that the longer species have recovery plans, the more likely they are to be classified as improving.[4] The benefit, however, appears to be limited to single-species oriented plans; large multi-species, ecosystem-based plans are not correlated with improving status; perhaps due to their lack of specificity.[4]


Critical Habitat

As habitat loss is the primary threat to most imperiled species, the original ESA of 1973 allowed the FWS and NOAA Fisheries to designate specific areas as protected "critical habitat" zones. In 1978, Congress amended the ESA to require designation for all threatened and endangered species except those which might be harmed by the publication of such maps. Congress indicated that the exception should rarely be invoked. The Endangered Species Act (ESA) was first passed in 1973 and forms the basis of biodiversity and endangered species protection in the United States. ...


Critical habitats are required to contain "all areas essential to the conservation" of the target species (Section 3(5) (A)). Such lands may be private or public. The ESA is mute as to whether critical habitats may encompass lands outside of U.S. jurisdiction, but the FWS has adopted a policy limiting designation to lands and waters within the U.S. The FWS and NOAA Fisheries may exclude essential areas if they determine that economic or other costs exceed the benefit (Section 4(b) (2)). The ESA is mute about how such costs and benefits are to be determined.


Federal agencies are prohibited from authorizing, funding or carrying out actions that "destroy or adversely modify" critical habitats (Section 7(a) (2)). While the regulatory aspect of critical habitat does not apply directly to private and other non-federal landowners, large-scale development, logging and mining projects on private and state land typically require a federal permit and thus become subject to critical habitat regulations. Outside or in parallel with regulatory processes, critical habitats also focus and encourage voluntary actions such as land purchases, grant making, restoration, and establishment of reserves.[6]


The ESA requires that critical habitat be designated at the time of or within one year of a species being placed on the endangered list. In practice, most designations occur several years after listing.[6] Between 1978 and 1986 the FWS regularly designated critical habitat. In 1986 the Reagan Administration issued a regulation limiting the protective status of critical habitat. As a result, few critical habitats were designated between 1986 and the late 1990s. In the late 1990s and early 2000s, a series of court orders invalidated the Reagan regulations and forced the FWS and NOAA Fisheries to designate several hundred critical habitats, especially in Hawaii, California and other western states. Midwest and Eastern states received less critical habitat, primarily on rivers and coastlines. As of December, 2006, the Reagan regulation has not yet been replaced though its use has been suspended. Nonetheless, the agencies have generally changed course and since about 2005 have tried to designate critical habitat at or near the time of listing.


Most provisions of the ESA revolve around preventing extinction. Critical habitat is one of the few that focuses on recovery. Species with critical habitat are twice as likely to be recovering as species without critical habitat.[4]


Habitat Conservation Plans

In 1982, Congress amended the ESA to enhance the permitting provisions of the act, (Section 10) and intended, in part, to provide landowners with incentives to participate in endangered species conservation. (H.R. Conf. Rep. No. 97-835, at 28-31 (1982), reprinted in 1982 U.S.C.C.A.N. 2807.) Pursuant to these provisions, by preparing a "Habitat Conservation Plan" (HCP) that meets statutory criteria, private landowners can obtain "incidental take permits" that allow otherwise prohibited impacts to endangered, threatened and other species covered in the permitting documents. Each conservation plan must specify: the impacts to species that will occur; the steps taken to minimize and mitigate the incidental take; the funding available; alternative actions that we considered, but not taken; and other necessary and appropriate measures. (Section 10(a) (2)(A).) After review of a proposed conservation plan, FWS or NOAA Fisheries may issue an incidental take permit upon making the statutorily required "findings," including a determination that the incidental taking "will not appreciably reduce the likelihood of the survival and recovery of the species in the wild." (Section 10(a) (2)(B).)


The Endangered Species Act also empowers FWS or NOAA Fisheries to include "terms and conditions" in the incidental take permits as necessary or appropriate. (Section 10(a) (2)(B)(v).) Among those terms and conditions are "no surprises assurances," issued in accordance with Federal regulations. 50 C.F.R. Part 17. These regulations allow for assurances to be given to private landowners that if "unforeseen circumstances" arise, FWS or NOAA Fisheries will not require the commitment of land, water or financial compensation or additional restrictions on the use of land, water, or other natural resources beyond the levels otherwise agreed to in the conservation plan, without the consent of the permittee.


Effectiveness

Positive effects

As of April 3, 2007, 41 species have been delisted; sixteen due to recovery, nine due to extinction (seven of which were extinct prior to being listed), nine due to changes in taxonomic classification, five due to discovery of new populations, one due to an error in the listing rule, and one due to an amendment to the Endangered Species Act specifically requiring the species delisting.[7] Twenty-three others have been downlisted from "endangered" to "threatened" status. Some have argued that the recovery of DDT-threatened species such as the bald eagle, brown pelican and peregrine falcon should be attributed to the 1973 congressional ban on DDT rather than the Endangered Species Act, however, the listing of these species as endangered was a substantial cause of congress instituting the ban and many non-DDT oriented actions were taken on their behalf under the Endangered Species Act (i.e. captive breeding, habitat protection, and protection from disturbance). Binomial name (Linnaeus, 1766) Bald Eagle range  Resident, breeding Summer visitor, breeding Winter visitor On migration only Star: accidental records Subspecies (Linnaeus, 1766) Southern Bald Eagle (Audubon, 1827) Northern Bald Eagle Synonyms Falco leucocephalus Linnaeus, 1766 The Bald Eagle (Haliaeetus leucocephalus) is a bird of prey found in North America... Binomial name Pelecanus occidentalis Linnaeus, 1766 The Brown Pelican (Pelecanus occidentalis) is the smallest of the eight species of pelican, although it is a large bird in nearly every other regard. ... Binomial name Tunstall, 1771 Global range Yellow: Breeding summer visitor Green: Breeding resident Blue: Winter visitor Light blue: Passage visitor Subspecies 17-19, see text Synonyms Falco atriceps Hume Falco kreyenborgi Kleinschmidt, 1929 Falco pelegrinoides madens Ripley & Watson, 1963 Rhynchodon peregrinus (Tunstall, 1771) and see text The Peregrine Falcon (Falco... For other uses, see DDT (disambiguation). ...

 As of April 3, 2007, there are 1,326 species on the threatened and endangered lists. However, many species have become extinct while on the candidate list or otherwise under consideration for listing.[3] 

Species which increased in population size since being placed on the endangered list include: is the 93rd day of the year (94th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ...

  • Bald Eagle (increased from 417 to 11,040 pairs between 1963 and 2007); removed from list 2007
  • Whooping Crane (increased from 54 to 436 birds between 1967 and 2003)
  • Kirtland's Warbler (increased from 210 to 1,415 pairs between 1971 and 2005)
  • Peregrine Falcon (increased from 324 to 1,700 pairs between 1975 and 2000); removed from list
  • Gray Wolf (populations increased dramatically in the Northern Rockies, Southwest, and Great Lakes)
  • Gray Whale (increased from 13,095 to 26,635 whales between 1968 and 1998); removed from list
  • Grizzly bear (increased from about 271 to over 580 bears in the Yellowstone area between 1975 and 2005); removed from list 3/22/07
  • California’s Southern Sea Otter (increased from 1,789 in 1976 to 2,735 in 2005)
  • San Clemente Indian Paintbrush (increased from 500 plants in 1979 to more than 3,500 in 1997)
  • Red Wolf (increased from 17 in 1980 to 257 in 2003)
  • Florida's Key Deer (increased from 200 in 1971 to 750 in 2001)
  • Big Bend Gambusia (increased from for a couple dozen to a population of over 50,000)
  • Hawaiian Goose (increased from 400 birds in 1980 to 1,275 in 2003)
  • Virginia Big-Eared Bat (increased from 3,500 in 1979 to 18,442 in 2004)

Binomial name (Linnaeus, 1766) Bald Eagle range  Resident, breeding Summer visitor, breeding Winter visitor On migration only Star: accidental records Subspecies (Linnaeus, 1766) Southern Bald Eagle (Audubon, 1827) Northern Bald Eagle Synonyms Falco leucocephalus Linnaeus, 1766 The Bald Eagle (Haliaeetus leucocephalus) is a bird of prey found in North America... Binomial name Linnaeus, 1758 as of 2007 The Whooping Crane (Grus americana), named for its whooping call, is a very large and endangered crane. ... Binomial name Dendroica kirtlandii (Baird,, 1852) The Kirtlands Warbler, Dendroica kirtlandii, is a small songbird of the New World warbler family. ... Binomial name Tunstall, 1771 Global range Yellow: Breeding summer visitor Green: Breeding resident Blue: Winter visitor Light blue: Passage visitor Subspecies 17-19, see text Synonyms Falco atriceps Hume Falco kreyenborgi Kleinschmidt, 1929 Falco pelegrinoides madens Ripley & Watson, 1963 Rhynchodon peregrinus (Tunstall, 1771) and see text The Peregrine Falcon (Falco... For other uses, see Wolf (disambiguation), Gray Wolves (disambiguation), or Timber Wolf (comics). ... Binomial name Eschrichtius robustus Lilljeborg, 1861 Gray Whale range The Gray Whale or Grey Whale (Eschrichtius robustus), more recently called the Eastern Pacific Gray Whale, is a whale that travels between feeding and breeding grounds yearly. ... For the Brooklyn-based indie rock band, see Grizzly Bear (band). ... Binomial name Enhydra lutris (Linnaeus, 1758) The Sea Otter (Enhydra lutris) is a large otter native to the North Pacific, from northern Japan and Kamchatka west across the Aleutian Islands south to California. ... Species About 200 species, including: Castilleja chromosa Castilleja coccinea Castilleja miniata Castilleja mutis Castilleja pallida Castilleja is a genus of about 200 species of annual and perennial herbaceous plants in the family Scrophulariaceae, native to the west of the Americas from Alaska south to the Andes, and also northeast Asia. ... For other uses, see Red Wolf (disambiguation). ... True Key Deer on No Name Key in the Florida Keys. ... Species See text. ... Binomial name Branta sandvicensis (Vigors, 1833) The Hawaiian Goose or NÄ“nÄ“, Branta sandvicensis, is a species of goose endemic to the Hawaiian Islands. ...

Negative consequences

Opponents of the Engangered Species Act argue that that the act may have a perverse effect of habitat destruction. An example given by the Property and Environment Research Center, a free-market environmental think-tank, is that of the red cockaded woodpecker. This woodpecker prefers to nest in trees that are at least 80 years old. Ben Cone is a tree farmer in North Carolina who owns 7,200 acres of southern pines. In 1991, the federal government forced him to pay a biologist $8,000 to look for red cockaded woodpeckers on his land[7]. After they were found, the government forced him to set aside 1,560 acres of his land in order to protect the woodpecker habitat. This cost him an additional $1.8 million. The government did not compensate him for his losses. Originally, his family had allowed the trees to grow for 80 to 100 years before harvesting them. In order to prevent any further financial losses, Cone switched the rest of his acreage to a rotation of only 30 to 40 years, so it would no longer be a suitable habitat to the woodpecker. [8] Randal O'Toole, a libertarian economist and public policy analyst who studied this case, stated, "Cone was given no incentive to protect the bird... When landowners face stiff penalties for harboring endangered species, they minimize suitable habitat... The law creates incentives to destroy wildlife." [9] A study of more than 1,000 forest plots showed that many other landowners have also cut down trees in order to prevent the woodpecker from nesting on their land. [10] Unintended consequences can be either positive, in which case we get serendipity or windfalls source of problems, according to the Murphys law definitively negative: perverse effect, which is the opposite result to the one intended The Law of unintended consequences holds that almost all human actions have at least... The Property and Environment Research Center, or PERC, is a Montana-based free market environmentalist think tank. ... Official language(s) English Demonym North Carolinian Capital Raleigh Largest city Charlotte Largest metro area Charlotte metro area Area  Ranked 28th in the US  - Total 53,865 sq mi (139,509 km²)  - Width 150 miles (340 km)  - Length 560[1] miles (900 km)  - % water 9. ... Randal OToole is an American economist and public policy expert. ...


A January 20, 2008 article in The New York Times states, "In a new working paper that examines the plight of the cactus ferruginous pygmy owl, the economists John List, Michael Margolis and Daniel Osgood found that landowners near Tucson rushed to clear their property for development rather than risk having it declared a safe haven for the owl. The economists make the argument for 'the distinct possibility that the Endangered Species Act is actually endangering, rather than protecting, species.'" [11] is the 20th day of the year in the Gregorian calendar. ... 2008 (MMVIII) is the current year, a leap year that started on Tuesday of the Anno Domini (or common era), in accordance to the Gregorian calendar. ... The New York Times is a daily newspaper published in New York City and distributed internationally. ...


See also

The Marine Mammal Protection Act of 1972 prohibits, with certain exceptions, the take of marine mammals in U.S. waters and by U.S. citizens on the high seas, and the importation of marine mammals and marine mammal products into the U.S. Congress defines take as “harass, hunt, capture... The wise use movement is a loose affiliation of activists inspired by the work of Ron Arnold. ... The Endangered Species Act (ESA) was first passed in 1973 and forms the basis of biodiversity and endangered species protection in the United States. ...

References

  1. ^ Nixon. R (1972). "Special Message to the Congress Outlining the 1972 Environmental Program" 51. 
  2. ^ a b Juliet Eilperin, "Since '01, Guarding Species Is Harder: Endangered Listings Drop Under Bush", Washington Post, March 23, 2008
  3. ^ a b c d e Greenwald, Noah; K. Suckling and M. Taylor (2006). "Factors affecting the rate and taxonomy of species listings under the U.S. Endangered Species Act", in D. D. Goble, J.M. Scott and F.W. Davis: The Endangered Species Act at 30: Vol. 1: Renewing the Conservation Promise. Washington, D.C.: Island Press, 50-67. 
  4. ^ a b c d Taylor, M. T., K. S. Suckling, and R. R. Rachlinski (2005). "The effectiveness of the Endangered Species Act: A quantitative analysis". BioScience 55 (4): 360-367. doi:10.1641/0006-3568(2005)055%5B0360:TEOTES%5D2.0.CO;2 . 
  5. ^ The ESA does allow FWS and NMFS to forgone a recovery plan by declaring it will not benefit the species, but this provision has rarely been invoked. It was most famously used to deny a recovery plan to the Northern spotted owl in 1991, but in 2006 the FWS changed course and announced it would complete a plan for the species.
  6. ^ a b Suckling, Kieran; M. Taylor (2006). "Critical habitat and recovery", in D.D. Goble, J.M. Scott and F.W. Davis: The Endangered Species Act at 30: Vol. 1: Renewing the Conservation Promise. Washington, D.C.: Island Press, 50-67. 
  7. ^ United States Fish and Wildlife Service Threatened and Endangered Species System

A digital object identifier (or DOI) is a standard for persistently identifying a piece of intellectual property on a digital network and associating it with related data, the metadata, in a structured extensible way. ... The USFWS logo The United States Fish and Wildlife Service is a unit of the United States Department of the Interior that is dedicated to managing and preserving wildlife. ...

External links

Year 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... Year 1996 (MCMXCVI) was a leap year starting on Monday (link will display full 1996 Gregorian calendar). ... Year 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... Year 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ...

  Results from FactBites:
 
LLRX.com - A Pathfinder to Information on the Endangered Species Act of 1973 (4900 words)
Endangered Species Act of 1973, 16 U.S.C.A. (1985 and Supp.
Endangered species are discussed in Chapter 7, pg.
She argues that many of the current problems that have arisen in enforcing the act were unforeseen, such as the large scale of threatened extinctions, and that, as a result, enforcing the act requires a much greater effort and cost than anticipated.
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