ENWC201 Lecture Notes - Lecture 16: Migratory Bird Conservation Act, Bald And Golden Eagle Protection Act, Spotted Owl
15 Jun 2018
School
Department
Course
Professor
Species lost forever
*from old lecture
○
•
Laws regulating "Take"
1900 - Lacey Ajhct
First one
§
○
1929 - Migratory Bird Conservation Act
29 years after lacey act
§
○
1937 - Treaty on Gray and Right Whale harvest
Limit harvest
§
○
1940 - Bald Eagle Protection Act
Species specific
§
○
•
Laws Regulating "Take"
Endangered Species Act (1937)
To protect fish, wildlife and plants listed as endangered or threatened and
identify critical habitat
Have to do more than just say don’t kill
□
This act allowed the laws to be enforced
□
"nothing is more priceless and more worthy of preservation than the
rich array of animal life with which our country has been blessed"
□
§
Arguably the most biocentric piece of legislation ever enacted by congress
§
○
•
Spotted Owl Controversy
Late 1980s
○
Large controversy over old growth timber harvest and spotted owl listing
As we removed timber the spotted owl were starting to disappear
§
Huge controversy
People supporting both sides
□
§
○
God Squad created to evaluate whether a species should be labeled endangered or
not afforded the right to be protected by the endangered species act - testing the
biocentrism of the law - how far do our own economic interests influence the law -
5/7 must vote yes
○
There must be no reasonable alternative to the agencies action
Continuing to allow companies to harvest timber in the forest
i.
1)
The benefits of the action must outweigh the benefits of an alternative action where
the species is conserved
Is there some alternative that will allow the species to still existi.
2)
The action is of regional or national importance
Was on time magazinei.
3)
Was voted to be exempt from species act
○
Clinton came into office, this was still occurring, no resolution
He withdrew exemption request and created FEMAT team
FEMAT spent time to find compromise□
Some harvesting can occur, but a lot of the land is now protected□
§
○
Lots of bad things from this
Many out of jobs in timber
§
People puzzled by a law that puts plants and animals before humans
§
Boom in more industrial jobs
From towns to urban centers□
It was headed this way anyway□
§
Many still have a lot of animosity
§
○
Arguably the most biocentric piece of legislation ever enacted by congress
○
•
Endangered Species Act (1973)
4 primary actions:
Conservation of species
§
Cooperation among agencies
§
Prevent habitat destruction
§
Prevent taking of species
§
○
11 sections lay out the law
○
Implemented by:
United States Fish and Wildlife Service
Terrestrial species□
§
National Marine Fisheries Service
Aquatic species□
§
○
Principal Provisions - Section 2: Philosophy
Purposes of the act:
Provide a means for conservation □
Detail a program
If we had a threatened species, we would be mandated to create
a program that would remove them form it
®
□
Hold federal agencies accountable
Must consult with wildlife service before doing anything that
could harm a species, and if the don’t they will be held
accountable
®
□
§
○
Principal Provisions - Section 3: Definitions
Endangered Species - is one "which is in danger of extinction throughout all or
a single portion of its range"
What is a species - a subspecies, distinct population set of a species
Doesn’t have to be species in its entirety
®
□
§
Threatened species - one "which is likely to become an endangered species
within the foreseeable future throughout all or a portion of its range"
Going to be endangered sometime soon□
§
Conserve - the use of all necessary means to bring any E or T species to the
point at which the measures under the act are no longer necessary
§
○
Listed Species
508 714 US species of animals
§
794 947 US species of plants
§
21 are currently proposed for listing and 29 are candidates for listing (under
review)
§
Number of species listed per year:
Going up every year
Depends on our presidency and who is in office
®
Current presidency is going against the EPA
®
□
§
Number of species listed in Delaware:
Ex, oyster catcher □
§
○
Principal Provisions - Section 4: Determination of Endangered Species
Species may be listed as endangered if threatened by :
"habitat destruction" or "modification"□
"disease or predation"□
"commercial overutilization"□
"inadequacy of existing regulations"□
Other "natural or man made factors"□
Basically everything□
§
If a species is determined to be endangered or threatened, then the
government must provide a recovery plan "recovery plans shall, to the
maximum extent practicable, give priority to those endangered species.."
§
○
Section 4: Listing Process - Recovery Plan
Things to consider
Habitat
Habitat manipulation/rehabilitation
®
Acquisition of habitat
®
□
Limiting factors
What the limiting factor is and how you will deal with it
®
Ex cars driving over a nest; you must strive to stop this
®
□
Reintroductions
Restoring animals to a former part of their range where they do
not currently occur
®
□
§
○
Section 8: International Species
Encourages the conservation of endangered species worldwide
§
CITES (Convention of the International Trade of Endangered Species)
CITES- Parts
CITES lists organisms into 1 or 3 Appendices
®
Appendix I - can be almost no trade in that species - cannot even
take a little hole punch of ear - cannot take any body part across
international boundaries unless you have exemption from the
origin and destination
Snow leopard
◊
Central asia
◊
®
Appendix II - if you want to bring any part or whole of the species
out, you just need permission from the origin country
Bay Cat
◊
Borneo
◊
®
Appendix III - no document needed to bring the species out of the
country, but we are worried that trade could become an issue in
the future. Country must monitor
Black Buck
◊
Nepal
◊
®
□
§
○
Section 9: Prohibited Acts
Government must work to protect threatened T and endangered E species
§
Also illegal for anyone to "take" T and E species
§
Makes it unlawful for a person to "take" a listed species
"take means to harass, harm, pursue, hunt, shot, wound, kill, trap,
capture, or collect or attempt to engage in any such conduct"
□
"harm" is further described as "an act which actually kills or harms
wildlife"…including "significant habitat modification or degradation"
□
Exceptions - ex of someone accidentally kills one
Habitat modification - if u improve it for a species and then want
to change it back, you can
®
□
§
○
•
Is it working?
Yes…
30 species have been recovered
§
28 have been down-listed from E to T
§
○
No…
10 listed species have gone extinct
§
11 species have moved from T to E
§
○
Many listed species are still declining even with Protection
○
Which threats might be the most difficult to address?
Habitat loss - takes a long time to replace
§
Things difficult to legislate - ex accidental car deaths
§
Invasive species
§
○
•
Spotted owl
Still in trouble that doesn’t have to do with logging
○
Barn owl has moved into their territory and are pushing the spotted owls out
○
Also oak disease could wipe out their trees
○
•
Why do some species recover, while others are still declining?
Greatest effect on recovery is dealing with a species' threat of extinction:
Over-exploitation and pollution are relatively easy to deal with
§
Habitat destruction and nonnative species are much more difficult
§
○
•
Recovery of Endangered Species
Ultimate goal of Endangered Species Act
○
Long cooperative process
○
•
Conserving Endangered Species
Saturday, May 12, 2018
7:23 PM
Species lost forever
*from old lecture
○
•
Laws regulating "Take"
1900 - Lacey Ajhct
First one
§
○
1929 - Migratory Bird Conservation Act
29 years after lacey act
§
○
1937 - Treaty on Gray and Right Whale harvest
Limit harvest
§
○
1940 - Bald Eagle Protection Act
Species specific
§
○
•
Laws Regulating "Take"
Endangered Species Act (1937)
To protect fish, wildlife and plants listed as endangered or threatened and
identify critical habitat
Have to do more than just say don’t kill
□
This act allowed the laws to be enforced
□
"nothing is more priceless and more worthy of preservation than the
rich array of animal life with which our country has been blessed"
□
§
Arguably the most biocentric piece of legislation ever enacted by congress
§
○
•
Spotted Owl Controversy
Late 1980s
○
Large controversy over old growth timber harvest and spotted owl listing
As we removed timber the spotted owl were starting to disappear
§
Huge controversy
People supporting both sides
□
§
○
God Squad created to evaluate whether a species should be labeled endangered or
not afforded the right to be protected by the endangered species act - testing the
biocentrism of the law - how far do our own economic interests influence the law -
5/7 must vote yes
○
There must be no reasonable alternative to the agencies action
Continuing to allow companies to harvest timber in the forest
i.
1)
The benefits of the action must outweigh the benefits of an alternative action where
the species is conserved
Is there some alternative that will allow the species to still existi.
2)
The action is of regional or national importance
Was on time magazinei.
3)
Was voted to be exempt from species act
○
Clinton came into office, this was still occurring, no resolution
He withdrew exemption request and created FEMAT team
FEMAT spent time to find compromise□
Some harvesting can occur, but a lot of the land is now protected□
§
○
Lots of bad things from this
Many out of jobs in timber
§
People puzzled by a law that puts plants and animals before humans
§
Boom in more industrial jobs
From towns to urban centers□
It was headed this way anyway□
§
Many still have a lot of animosity
§
○
Arguably the most biocentric piece of legislation ever enacted by congress
○
•
Endangered Species Act (1973)
4 primary actions:
Conservation of species
§
Cooperation among agencies
§
Prevent habitat destruction
§
Prevent taking of species
§
○
11 sections lay out the law
○
Implemented by:
United States Fish and Wildlife Service
Terrestrial species□
§
National Marine Fisheries Service
Aquatic species□
§
○
Principal Provisions - Section 2: Philosophy
Purposes of the act:
Provide a means for conservation □
Detail a program
If we had a threatened species, we would be mandated to create
a program that would remove them form it
®
□
Hold federal agencies accountable
Must consult with wildlife service before doing anything that
could harm a species, and if the don’t they will be held
accountable
®
□
§
○
Principal Provisions - Section 3: Definitions
Endangered Species - is one "which is in danger of extinction throughout all or
a single portion of its range"
What is a species - a subspecies, distinct population set of a species
Doesn’t have to be species in its entirety
®
□
§
Threatened species - one "which is likely to become an endangered species
within the foreseeable future throughout all or a portion of its range"
Going to be endangered sometime soon□
§
Conserve - the use of all necessary means to bring any E or T species to the
point at which the measures under the act are no longer necessary
§
○
Listed Species
508 714 US species of animals
§
794 947 US species of plants
§
21 are currently proposed for listing and 29 are candidates for listing (under
review)
§
Number of species listed per year:
Going up every year
Depends on our presidency and who is in office
®
Current presidency is going against the EPA
®
□
§
Number of species listed in Delaware:
Ex, oyster catcher □
§
○
Principal Provisions - Section 4: Determination of Endangered Species
Species may be listed as endangered if threatened by :
"habitat destruction" or "modification"□
"disease or predation"□
"commercial overutilization"□
"inadequacy of existing regulations"□
Other "natural or man made factors"□
Basically everything□
§
If a species is determined to be endangered or threatened, then the
government must provide a recovery plan "recovery plans shall, to the
maximum extent practicable, give priority to those endangered species.."
§
○
Section 4: Listing Process - Recovery Plan
Things to consider
Habitat
Habitat manipulation/rehabilitation
®
Acquisition of habitat
®
□
Limiting factors
What the limiting factor is and how you will deal with it
®
Ex cars driving over a nest; you must strive to stop this
®
□
Reintroductions
Restoring animals to a former part of their range where they do
not currently occur
®
□
§
○
Section 8: International Species
Encourages the conservation of endangered species worldwide
§
CITES (Convention of the International Trade of Endangered Species)
CITES- Parts
CITES lists organisms into 1 or 3 Appendices
®
Appendix I - can be almost no trade in that species - cannot even
take a little hole punch of ear - cannot take any body part across
international boundaries unless you have exemption from the
origin and destination
Snow leopard
◊
Central asia
◊
®
Appendix II - if you want to bring any part or whole of the species
out, you just need permission from the origin country
Bay Cat
◊
Borneo
◊
®
Appendix III - no document needed to bring the species out of the
country, but we are worried that trade could become an issue in
the future. Country must monitor
Black Buck
◊
Nepal
◊
®
□
§
○
Section 9: Prohibited Acts
Government must work to protect threatened T and endangered E species
§
Also illegal for anyone to "take" T and E species
§
Makes it unlawful for a person to "take" a listed species
"take means to harass, harm, pursue, hunt, shot, wound, kill, trap,
capture, or collect or attempt to engage in any such conduct"
□
"harm" is further described as "an act which actually kills or harms
wildlife"…including "significant habitat modification or degradation"
□
Exceptions - ex of someone accidentally kills one
Habitat modification - if u improve it for a species and then want
to change it back, you can
®
□
§
○
•
Is it working?
Yes…
30 species have been recovered
§
28 have been down-listed from E to T
§
○
No…
10 listed species have gone extinct
§
11 species have moved from T to E
§
○
Many listed species are still declining even with Protection
○
Which threats might be the most difficult to address?
Habitat loss - takes a long time to replace
§
Things difficult to legislate - ex accidental car deaths
§
Invasive species
§
○
•
Spotted owl
Still in trouble that doesn’t have to do with logging
○
Barn owl has moved into their territory and are pushing the spotted owls out
○
Also oak disease could wipe out their trees
○
•
Why do some species recover, while others are still declining?
Greatest effect on recovery is dealing with a species' threat of extinction:
Over-exploitation and pollution are relatively easy to deal with
§
Habitat destruction and nonnative species are much more difficult
§
○
•
Recovery of Endangered Species
Ultimate goal of Endangered Species Act
○
Long cooperative process
○
•
Conserving Endangered Species
Saturday, May 12, 2018
7:23 PM
Species lost forever
*from old lecture
○
•
Laws regulating "Take"
1900 - Lacey Ajhct
First one
§
○
1929 - Migratory Bird Conservation Act
29 years after lacey act
§
○
1937 - Treaty on Gray and Right Whale harvest
Limit harvest
§
○
1940 - Bald Eagle Protection Act
Species specific
§
○
•
Laws Regulating "Take"
Endangered Species Act (1937)
To protect fish, wildlife and plants listed as endangered or threatened and
identify critical habitat
Have to do more than just say don’t kill□
This act allowed the laws to be enforced□
"nothing is more priceless and more worthy of preservation than the
rich array of animal life with which our country has been blessed"
□
§
Arguably the most biocentric piece of legislation ever enacted by congress
§
○
•
Spotted Owl Controversy
Late 1980s
○
Large controversy over old growth timber harvest and spotted owl listing
As we removed timber the spotted owl were starting to disappear
§
Huge controversy
People supporting both sides □
§
○
God Squad created to evaluate whether a species should be labeled endangered or
not afforded the right to be protected by the endangered species act - testing the
biocentrism of the law - how far do our own economic interests influence the law -
5/7 must vote yes
○
There must be no reasonable alternative to the agencies action
Continuing to allow companies to harvest timber in the forest
i.
1)
The benefits of the action must outweigh the benefits of an alternative action where
the species is conserved
Is there some alternative that will allow the species to still exist
i.
2)
The action is of regional or national importance
Was on time magazine
i.
3)
Was voted to be exempt from species act
○
Clinton came into office, this was still occurring, no resolution
He withdrew exemption request and created FEMAT team
FEMAT spent time to find compromise
□
Some harvesting can occur, but a lot of the land is now protected
□
§
○
Lots of bad things from this
Many out of jobs in timber
§
People puzzled by a law that puts plants and animals before humans
§
Boom in more industrial jobs
From towns to urban centers
□
It was headed this way anyway
□
§
Many still have a lot of animosity
§
○
Arguably the most biocentric piece of legislation ever enacted by congress
○
•
Endangered Species Act (1973)
4 primary actions:
Conservation of species
§
Cooperation among agencies
§
Prevent habitat destruction
§
Prevent taking of species
§
○
11 sections lay out the law
○
Implemented by:
United States Fish and Wildlife Service
Terrestrial species
□
§
National Marine Fisheries Service
Aquatic species
□
§
○
Principal Provisions - Section 2: Philosophy
Purposes of the act:
Provide a means for conservation
□
Detail a program
If we had a threatened species, we would be mandated to create
a program that would remove them form it
®
□
Hold federal agencies accountable
Must consult with wildlife service before doing anything that
could harm a species, and if the don’t they will be held
accountable
®
□
§
○
Principal Provisions - Section 3: Definitions
Endangered Species - is one "which is in danger of extinction throughout all or
a single portion of its range"
What is a species - a subspecies, distinct population set of a species
Doesn’t have to be species in its entirety
®
□
§
Threatened species - one "which is likely to become an endangered species
within the foreseeable future throughout all or a portion of its range"
Going to be endangered sometime soon□
§
Conserve - the use of all necessary means to bring any E or T species to the
point at which the measures under the act are no longer necessary
§
○
Listed Species
508 714 US species of animals
§
794 947 US species of plants
§
21 are currently proposed for listing and 29 are candidates for listing (under
review)
§
Number of species listed per year:
Going up every year
Depends on our presidency and who is in office
®
Current presidency is going against the EPA
®
□
§
Number of species listed in Delaware:
Ex, oyster catcher □
§
○
Principal Provisions - Section 4: Determination of Endangered Species
Species may be listed as endangered if threatened by :
"habitat destruction" or "modification"□
"disease or predation"□
"commercial overutilization"□
"inadequacy of existing regulations"□
Other "natural or man made factors"□
Basically everything□
§
If a species is determined to be endangered or threatened, then the
government must provide a recovery plan "recovery plans shall, to the
maximum extent practicable, give priority to those endangered species.."
§
○
Section 4: Listing Process - Recovery Plan
Things to consider
Habitat
Habitat manipulation/rehabilitation
®
Acquisition of habitat
®
□
Limiting factors
What the limiting factor is and how you will deal with it
®
Ex cars driving over a nest; you must strive to stop this
®
□
Reintroductions
Restoring animals to a former part of their range where they do
not currently occur
®
□
§
○
Section 8: International Species
Encourages the conservation of endangered species worldwide
§
CITES (Convention of the International Trade of Endangered Species)
CITES- Parts
CITES lists organisms into 1 or 3 Appendices
®
Appendix I - can be almost no trade in that species - cannot even
take a little hole punch of ear - cannot take any body part across
international boundaries unless you have exemption from the
origin and destination
Snow leopard
◊
Central asia
◊
®
Appendix II - if you want to bring any part or whole of the species
out, you just need permission from the origin country
Bay Cat
◊
Borneo
◊
®
Appendix III - no document needed to bring the species out of the
country, but we are worried that trade could become an issue in
the future. Country must monitor
Black Buck
◊
Nepal
◊
®
□
§
○
Section 9: Prohibited Acts
Government must work to protect threatened T and endangered E species
§
Also illegal for anyone to "take" T and E species
§
Makes it unlawful for a person to "take" a listed species
"take means to harass, harm, pursue, hunt, shot, wound, kill, trap,
capture, or collect or attempt to engage in any such conduct"
□
"harm" is further described as "an act which actually kills or harms
wildlife"…including "significant habitat modification or degradation"
□
Exceptions - ex of someone accidentally kills one
Habitat modification - if u improve it for a species and then want
to change it back, you can
®
□
§
○
•
Is it working?
Yes…
30 species have been recovered
§
28 have been down-listed from E to T
§
○
No…
10 listed species have gone extinct
§
11 species have moved from T to E
§
○
Many listed species are still declining even with Protection
○
Which threats might be the most difficult to address?
Habitat loss - takes a long time to replace
§
Things difficult to legislate - ex accidental car deaths
§
Invasive species
§
○
•
Spotted owl
Still in trouble that doesn’t have to do with logging
○
Barn owl has moved into their territory and are pushing the spotted owls out
○
Also oak disease could wipe out their trees
○
•
Why do some species recover, while others are still declining?
Greatest effect on recovery is dealing with a species' threat of extinction:
Over-exploitation and pollution are relatively easy to deal with
§
Habitat destruction and nonnative species are much more difficult
§
○
•
Recovery of Endangered Species
Ultimate goal of Endangered Species Act
○
Long cooperative process
○
•
Conserving Endangered Species
Saturday, May 12, 2018 7:23 PM
