ENVS 2256 Lecture Notes - Lecture 37: Chordate, Alabama Beach Mouse
19 May 2018
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Department
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Professor
ESA!
major overhaul of existing statute, first major comprehensive protection of endangered species!•
everything goes back to England -> common law for protection was very limited!◦
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Common Law Background !•
Historical period from 1900-1963 -> species as a whole, no elephant tusks, individual animals •
of a species!
Lacy Act -> if there is a separate law, if there already is this illegal thing, no person can ◦
import, export, etc. !
put on extra protections to stop perpetuating illegal animal trading or parts trading!‣
if they are already in the US, they don't just become legal, required a prior federal ‣
offense!
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Pre-ESA!•
individual wildlife !◦
property interests !◦
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ENDANGERED SPECIES ACT -> 16 USC 1531!
acknowledges importance of biodiversity, wildlife are scientific value to the people!•
protects endangered species, threatened species, and puts additional protection for species •
that have been "restored" !
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Section 4 -> Listing!
don't consider economic costs, makes this very powerful !◦
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1) petition/decide to consider !
2) fall in one of the 5 categories!
%a) present or threatened destruction, modification, or curtailment of its habitat or range!
%b) over utilization for commercial, recreational, scientific, or educational purposes!
%c) disease or predation!
%d) inadequacy of existing regulatory mechanisms!
%e) other natural or handmade factors affecting its continued existence!
3) critical habitat designation -> any area necessary for a species survival (area that has food
needs, shelter, once a year breeding sites, or any physical or biological features necessary for a
species survival)!
do consider economic impacts!◦
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4) exemption?!
5) secretary establishes recovery plan for each species !
$$$!◦
Federal Policy!◦
Prohibition !◦
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Section 7 -> Consultation
the entity or whoever is trying to get a permit has to consider direct and indirect effects!•
