Endangered Species Expenditure Reports,
definitions, procedures, etc regarding ESA
listings
January 27, 2006, USFWS
HERE for FWS pdf file
The Endangered Species Act
(Section 18) requires the Fish and Wildlife
Service to submit to Congress (through the
Secretary of the Interior) an annual report of a
cost analysis of expenditures that were made for
the conservation of threatened and endangered
species. The reports include what the Federal
government and State governments spent during the
preceding Federal fiscal year. Congress uses the
reports to compare how the money is distributed
across the species.
They are not used
to determine appropriations nor do they show how
much was appropriated for each species.
The reports are available to the public, and
the information
is often used by environmental organizations to
assist with conservation, and by the
media. To gather the information, the Director
(through the Endangered Species Program) sends out
a request for data each year to all Federal
agencies that may have a connection with a
federally listed species and, therefre, a need to
spend money to uphold the Act.
The same request
is also sent to the International Association of
Fish and Wildlife Agencies, which gathers
the data from the individual States and
Territories. The Endangered Species Program then
compiles the data and prepares the annual "Report
to Congress on Federal and State Endangered and
Threatened Species Expenditures."
|
2005 / 2006 Expenditure Report
[PDF, 4.75 MB] This report presents the
reported expenditures for Fiscal Years 2005
and 2006 (October 2004 - September 2006).
December 2008.
(Pg 120)
"Lost River Sucker: $677,878,968, shortnose Sucker:
$682,403,030..."
Includes expenditures, including land
acquisitions, for birds, fish, butterflies,
mice, toads, plants, etc.
The
reports are available to the public, and the
information is used by the media,
environmental organizations, and other
interested parties.
ESA financial reports and definitiions,
FWS 1/20/06
http://www.fws.gov/endangered/pubs/expenditurereports.htm
2004 Expenditure
Report
[PDF] This report presents the
reported expenditures for Fiscal Year 2004
(October 2003 - September 2004). January
2005.
2003 Expenditure Report
[PDF] This report presents the
reported expenditures for Fiscal Year 2003
(October 2002 - September 2003). January
2005
2002 Expenditure Report
[PDF] This report
presents the reported expenditures for
Fiscal Year 2002 (October 2001 - September
2002). Revised January 2005.
2001 Expenditure Report
[PDF] This report
presents the reported expenditures for
Fiscal Year 2001 (October 2000 - September
2001). Revised January 2005.
1998-2000 Expenditure Report
[PDF]This summary
report presents the reported expenditures
for Fiscal Years 1998-2000 (October 1997 -
September 2000).
1997 Expenditure Report
[PDF]This report
presents the reported expenditures for
Fiscal Year 1997 (October 1996 - September
1997).
1996 Expenditure Report
[PDF]This report
presents the reported expenditures for
Fiscal Year 1996 (October 1995 - September
1996). |
The reports are available to the
public, and the information is used by the media,
environmental organizations, and other interested
parties.
"FWS
Publications Online"
USFWS National Conservation Training Center (NCTC)
1-800-344-8453
USFWS
Office Directory
Phone
Numbers
Endangered Species Program Publications
This page provides easy access
to a variety of fact sheets, brochures, handbooks,
and periodicals produced by the Endangered Species
Program. Additional information about the Program
can be obtained by following the subject area
links at left.
For web sites and fact sheets on
endangered and threatened species, please see our
species information
page.
Additional information on our
programs and projects is available under their
specific pages.
(Please note: To view pdf
documents, you may need to download and install
the Adobe Acrobat Reader, free from
Adobe, Inc.)
A
History
of the Endangered Species Act (html)
ESA Basics,
a brief summary of the Endangered Species Act (pdf)
A Flowchart of the petition
process (pdf)
The Road Back,
Endangered Species Recovery, Success with
Partners (brochure
in pdf)
Recovery
Reports to Congress
Posters with the U.S.
Military
Freedom Soars, Defending Our
Nation and Our Environment poster
recognizing the military's contributions to the
recovery of the bald eagle, produced in
partnership with the U.S. Department of Defense
The Marines, We're Saving A
Few Good Species
posters
Expenditure Reports
Section 18 of the Endangered
Species Act (Act) of 1973 requires the Secretary
of the Interior (working through the Fish and
Wildlife Service) to annually report certain
expenditures for the conservation of threatened
and endangered species.
1996 Expenditure Report
This report presents
the reported expenditures for Fiscal Year 1996
(October 1995 - September 1996).
1997 Expenditure Report
This report presents
the reported expenditures for Fiscal Year 1997
(October 1996 - September 1997).
1998-2000 Expenditure Report This
summary report presents the reported
expenditures for Fiscal Years 1998-2000 (October
1997 - September 2000).
2001 Expenditure Report
This report presents
the reported expenditures for Fiscal Year 2001
(October 2000 - September 2001). Revised January
2005.
2002 Expenditure Report
This report presents the reported
expenditures for Fiscal Year 2002 (October 2001
- September 2002). Revised January 2005.
2003 Expenditure Report
This report presents the reported
expenditures for Fiscal Year 2003 (October 2002
- September 2003). January 2005.
Endangered Means There is
Still Time
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Our Web Policies and Privacy
Statement
Freedom of Information Act (FOIA)
Visit
FirstGov.gov for easy,
one-stop access to all online U.S. Federal
Government resources.
This page
updated September 17, 2004
Listing a
Species as Threatened or Endangered
The
Endangered Species Act of 1973 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
counteract the alarming rate of extinction
facing many fish, wildlife and plant species.
The purpose of the ESA is to protect endangered
and threatened species and the ecosystems on
which they depend, and to take steps to recover
these species as key components of America’s
heritage. To implement the ESA, we work in
cooperation with the National Oceanic and
Atmospheric Administration (NOAA) Fisheries,
other Federal, State, and local agencies,
non-governmental organizations, and you.
Before a plant or animal species can receive the
protection provided by the ESA, it must first be
added to the Federal lists of threatened and
endangered 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 of mammals, birds,
reptiles, amphibians, fishes, insects, plants,
and other creatures that have been determined by
us and the NOAA Fisheries (for most marine life)
to be in the greatest need of Federal
protection.
What does "endangered"
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 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. To help conserve genetic
diversity, the ESA defines "species" broadly to
include subspecies and (for vertebrates)
distinct populations.
What is the criterion
for deciding whether to add a species to the
list?
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 the species 'habitat or
range'; overutilization for commercial,
recreational, scientific, or educational
purposes; disease or predation; the inadequacy
of existing regulatory mechanisms; other natural
or manmade factors affecting the species’
survival.
What steps are involved
in listing a species?
In
order to list a species, we must follow a strict
legal process known as a "rulemaking (or
regulatory) procedure." Federal agencies follow
this procedure to propose and then adopt
regulations that have the effect of law and
apply to all persons and agencies under U.S.
jurisdiction. As a first step in assessing the
status of a species, we publish "notices of
review" that identify U.S. species that we
believe meet the definition of threatened or
endangered. We refer to these species as
"candidates" for listing. Through notices of
review, we seek biological information that will
complete the status reviews for these candidate
species. These and all other notices prepared
throughout the rulemaking process are published
in the Federal Register, a daily Federal
Government publication. Our latest Candidate
Notice of Review is also available on our Web
site.
How do we decide which
species to list?
Because of the large number of candidates and
the time required to list a species, we
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 threat is the highest
criterion, followed by the immediacy of the
threat and the taxonomic distinctiveness of the
species (monotypic genus, then species, then
subspecies, variety, or vertebrate population).
The ESA gives no preference to popular species
or so-called "higher life forms." In some cases,
we initiate conservation activities for various
candidate species before listing. Candidate
Conservation Agreements are partnerships
involving the Fish & Wildlife Service and States
or U.S. Territories, Federal agencies, private
agencies, and you or your neighbor to reduce or
remove the threats to species on the brink of
listing. This "preventive" approach is taken for
species that can benefit from early recovery
effrts, with the goal of avoiding the need to
formally list the species at a later date.
How can you comment on
a listing?
Once
a species is chosen for listing, we or the NOAA–Fisheries
(for most marine species) publish a proposed
rule in the Federal Register. We sometimes
publish multi-species proposals when several
candidate species share a common ecosystem. At
this stage, any interested person can comment
and provide additional information on the
proposal (generally during a 60-day comment
period), and submit statements at any public
hearings that may be held. To ensure that
everyone is aware of a proposal, we issue news
releases, conduct special mailings, and directly
inform the scientific community 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 requested to do so within 45 days of
issuing a proposal. What do you do with the
comments and biological information? Information
receive in public comments and testimony is
analyzed and considered in our final rulemaking
process. Within one-year of a listing proposal,
one of three possible courses of action is
taken: 1) a final listing rule is published (as
proposed or revised) because the best available
biological data supports it; 2) the proposal is
withdrawn because the biological information on
hand does not support the listing; or 3) the
proposal is extended (but only for an additional
6 months) because, at the end of one year, there
is substantial disagreement within the
scientific community concerning the biological
appropriateness of the listing. After the
extension, we must make a decision on the basis
of the best scientific information available. If
approved, the final listing rule generally
becomes effective 30 days after publication in
the Federal Register. Can I nominate a species
for listing? Although we usually initiate
listing proposals, we also may start the listing
process with a petition from anyone. However,
petitions ned the support of adequate biological
data. Any information submitted on the biology,
distribution of, or threats to the species is
taken into consideration in making our
decisions.
What are petitions for
listing?
Petitions are formal requests to list a species
that require published findings. We(or the NOAA–Fisheries
for most marine species) must make a finding
within 90 days of receiving a petition (to the
extent practicable) as to whether or not there
is "substantial information" indicating that the
petitioned listing may be warranted. If this
preliminary finding is positive, a status review
is conducted. Within 1 year of receipt of the
petition, we must make a further finding that
the listing either is or is not warranted. A
positive 1-year finding can be incorporated into
a proposed listing or, if a prompt proposal is
precluded by other listing activities, the
proposal may be deferred. These "warranted but
precluded" proposals require subsequent 1-year
findings on each succeeding anniversary of the
petition until either a proposal is undertaken
or a "not warranted" finding is made.
What does
"listing" mean for a species?
Once
we add an animal or plant to the List, all
protective measures authorized by the ESA apply
to the species and its habitat. Such 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
for us to develop and carry out recovery plans;
authority to purchase important habitat; and
Federal aid to State and Commonwealth wildlife
agencies that have cooperative agreements with
us. These efforts contribute to species survival
and assist us in achieving our ultimate goals --
to maintain the natural diversity of plants and
animals and the ecosystems upon which they
depend and to restore listed species to a level
where protection is no longer required.
U.S. Fish & Wildlife Service
Endangered Species Program
703-358-2105
December 2005
Endangered Species Glossary
This
glossary is intended to give the meaning of key
words, but does not necessarily provide a legal
definition or thorough description.
To
locate the legal definitions of Endangered
Species Act terms, please see the end of this
document.*
Acronyms used below:
ESA
– Endangered Species Act
FWS
– U.S. Fish and Wildlife Service
NOAA
Fisheries – National Oceanic and Atmospheric
Administration B Fisheries (formerly National
Marine Fisheries Service or NMFS)
Endangered Species Act of 1973, as amended is
Federal legislation that is intended to provide
a means to conserve the ecosystems upon which
endangered and threatened species depend and
provide programs for the conservation of those
species, thus preventing extinction of plants
and animals. The law is administered by Interior
Department's FWS and Commerce Department's NOAA
Fisheries, depending on the species. Some
relevant sections are: Section 4 - Part of the
Endangered Species Act that addresses the
listing and recovery of species and designation
of critical habitat. Section 6 - Part of the
Endangered Species Act that focuses on
cooperation with the States and that authorizes
FWS and NOAA Fisheries to provide financial
assistance to States that have entered into
cooperative agreements supporting the
conservation of endangered and threatened
species. Section 7 - Part of the Endangered
Species Act that requires all Federal agencies,
in consultation with FWSor NOAA Fisheries, to
use their authorities to further the purpose of
the ESA and to ensure that their actions are not
likely to jeopardize the continued existence of
listed species or result in destruction or
adverse modification of critical habitat.
Section 8 - Part of the Endangered Species Act
that outlines the procedures for international
cooperation. Section 9 - Part of the Endangered
Species Act that defines prohibited actions,
including the import and export, take, illegally
taken possession of illegally taken species,
transport, or sale of endangered or threatened
species. Section 10 - Part of the Endangered
Species Act that lays out the guidelines under
which a permit may be issued to authorize
prohibited activities, such as take of
endangered or threatened species. Section
10(a)(1)(A) - Portion of section 10 that allows
for permits for the taking of threatened or
endangered species for scientific purposes or
for purposes of enhancement of propagation or
survival. Section 10(a)(1)(B) - Portion of
ection 10 that allows for permits for incidental
taking of threatened or endangered species.
Action - An activity or program of any kind
authorized, funded, or carried out, in whole or
in part, by a Federal agency in the United
States or upon the high seas, such as: (a) an
action intended to conserve listed species or
their habitat; (b) the promulgation of a
regulation; (c) the granting of a license,
contract, lease, easement, right-of-way, permit,
or grant-in-aid; or (d) an action directly or
indirectly causing modification to the land,
water, or air.
Action area - All areas to be affected directly
or indirectly by the Federal action and not
merely the immediate area involved in the
action.
Biodiversity - The variety of life and its
processes, including the variety of living
organisms, the genetic differences among them,
and the communities and ecosystems in which they
occur.
Biological assessment - A document prepared for
the Section 7 process to determine whether a
proposed major construction activity under the
authority of a Federal action agency is likely
to adversely affect listed species, proposed
species, or designated critical habitat.
Biological opinion - A document stating the
opinion of FWS or NOAA Fisheries on whether or
not a Federal action is likely to jeopardize the
continued existence of listed species or result
in the destruction or adverse modification of
critical habitat.
Candidate - See Candidate Species
Candidate Conservation Agreement (CCA) - A
voluntary agreement between FWS or NOAA
Fisheries and other Federal or non-Federal
landowners that identifies specific conservation
measures that the participants of the agreement
will undertake to conserve species covered by
the agreement, none of which are listed under
the Endangered Species Act, with the intention
of preventing any need to list the species.
Candidate Conservation Agreement with Assurances
(CCAA) - A voluntary agreement between FWS and a
non-Federal property owner who agrees to manage
lands or waters to remove threats to candidate
or proposed species, with assurances that the
property owner's conservation efforts will not
result in future regulatory obligations that
exceed those agreed to at the time the agreement
is signed; it authorizes take through a section
10 permit if the species is later listed.
Candidate species (candidate) - A plant or
animal species for which FWS or NOAA Fisheries
has on file sufficient information on biological
vulnerability and threats to support a proposal
to list as endangered or threatened.
CITES - The 1973 Convention on International
Trade in Endangered Species of Wild Fauna and
Flora, regulating or prohibiting international
commerce of plant and animal species believed to
be harmed by or that may be harmed by
international trade. The authority to implement
this is under section 8 of the ESA.
Conference - The interagency cooperation process
required for a Federal action that is likely to
jeopardize the continued existence of a species
proposed for listing or result in the
destruction or adverse modification of proposed
critical habitat.
Conservation banking - A method used to offset
impacts occurring elsewhere to the same listed
species. A “bank” consists of non-Federal land
containing natural resource values conserved and
managed in perpetuity.
Conservation recommendation - A suggestion that
FWS or NOAA Fisheries may provide with a
biological opinion describing discretionary
conservation actions; it is advisory and does
not carry any binding legal force.
Conserve, conserving, and conservation - The use
of methods and procedures necessary to bring any
endangered or threatened species to the point at
which the measures provided under the Endangered
Species Act are no longer necessary; includes
research, census, law enforcement, habitat
acquisition and maintenance, propagation, live
trapping, and transportation, and, in the
extraordinary case where population pressures
within a given ecosystem cannot be otherwise
relieved, may include regulated taking.
Consultation - The process required of a Federal
agency under section 7 of the ESA when any
activity authorized, carried out, or conducted
by that agency may affect a listed species or
designated critical habitat; consultation is
with FWS or NOAA Fisheries and may be either
informal or formal.
Critical habitat - Specific geographic areas,
whether occupied by a listed species or not,
that are essential for its conservation and that
have been formally designated by rule published
in the Federal Register.
Cumulative effects - For purposes of
consultation under the ESA, the effects of
future State or private activities not involving
Federal activities that are reasonably certain
to occur within the action area of an action
subject to consultation. Cumulative effects are
defined differently for purposes of the National
Environmental Policy Act (NEPA).
Delist - To remove an animal or plant species
from the list of endangered and threatened
wildlife and plants.
Destruction or adverse modification of critical
habitat - A direct or indirect alteration that
appreciably diminishes the value of critical
habitat for both the survival and recovery of a
listed species.
Distinct population segment (DPS) - A
subdivision of a vertebrate species that is
treated as a species for purposes of listing
under the Endangered Species Act. To be so
recognized, a potential distinct population
segment must satisfy standards specified in a
FWS or NOAA Fisheries policy statement (See the
February 7, 1996, Federal Register, pages
4722-4725). The standards require it to be
separable from the remainder of and significant
to the species to which it belongs.
Ecosystem - A dynamic and interrelating complex
of plant and animal communities and their
associated nonliving (such as physical and
chemical) environment.
Ecosystem approach - A philosophy of resource
management that focuses on protecting or
restoring the function, structure, and species
composition of an ecosystem, recognizing that
all components are interrelated.
Endangered species - An animal or plant species
in danger of extinction throughout all or a
significant portion of its range.
Endemic species - A species native and confined
to a certain region; generally used for species
with comparatively restricted distribution.
Enhancement of survival permit - A type of
permit issued by the Service under the authority
of section 10(a)(1)(A) of the Endangered Species
Act. It allows an otherwise prohibited action
that benefits the conservation of a listed
species. These permits are issued as part of a
Safe Harbor Agreement or Candidate Conservation
Agreement with Assurances.
Essential experimental population - An
experimental population whose loss would
appreciably reduce the prospect of survival of
the species in the wild. All other experimental
populations are "non-essential."
Evolutionarily significant unit (ESU) - A
Pacific salmonid stock that is substantially
reproductively isolated from other stocks of the
same species, and which represents an important
part of the evolutionary legacy of the species.
Life history, ecological, genetic, and other
information can be used to determine whether a
stock meets these two criteria. NOAA Fisheries
uses this designation.
Experimental population - A population
(including its offspring) of a listed species
designated by rule published in the Federal
Register that is wholly separate geographically
from other populations of the same species. An
experimental population may be subject to less
stringent prohibitions than are applied to the
remainder of the species to which it belongs.
Extinct species - A species that no longer
exists. For ESA, a species currently believed to
be extinct
Extirpated species - A species that no longer
survives in regions that were once part of its
range, but that still exists elsewhere in the
wild or in captivity.
Federal action agency - Any department or agency
of the United States proposing to authorize,
fund, or carry out an action under existing
authorities.
Federal Register - The official daily
publication for actions taken by the Federal
government, such as Rules, Proposed Rules, and
Notices of Federal agencies and organizations,
as well as Executive Orders and other
Presidential Documents.
Formal consultation - The required process under
section 7 of the ESA between FWS or NOAA
Fisheries and a Federal agency or applicant
conducted when a Federal agency determines its
action is likely to adversely affect a listed
species or its critical habitat; used to
determine whether the proposed action is likely
to jeopardize the continued existence of listed
species or adversely modify critical habitat.
This determination is stated in a biological
opinion.
Habitat - The place or environment where a plant
or animal naturally lives and grows (a group of
particular environmental conditions).
Habitat Conservation Plan (HCP) - A plan that
outlines ways of maintaining, enhancing, and
protecting a given habitat type needed to
protect species; usually includes measures to
minimize impacts, and may include provisions for
permanently protecting land, restoring habitat,
and relocating plants or animals to another
area. Required before an incidental take permit
may be issued.
Harass - To intentionally or negligently,
through act or omission, create the likelihood
of injury to wildlife by annoying it to such an
extent as to significantly disrupt normal
behavior patterns such as breeding, feeding, and
sheltering (defined by FWS regulation; NOAA
Fisheries has not defined "harass" by
regulation).
Harm
- To perform an act that kills or injures
wildlife; may include significant habitat
modification or degradation when it kills or
injures wildlife by significantly impairing
essential behavioral patterns including
breeding, feeding, or sheltering.
Historic range - The geographic area where a
species was known to or believed to occur within
historic time.
Imperiled species - See Species of concern
Implementation schedule - An outline of actions,
with responsible parties, estimated costs and
time frames, for meeting the recovery objectives
described in a species' recovery plan.
Incidental take - Take that results from, but is
not the purpose of, carrying out an otherwise
lawful activity.
Incidental take permit - A permit issued under
section 10(a)(1)(B) of the ESA to a non-Federal
party undertaking an otherwise lawful project
that might result in the take of an endangered
or threatened species. Application for an
incidental take permit is subject to certain
requirements, including preparation by the
permit applicant of a conservation plan,
generally known as a "Habitat Conservation Plan"
or "HCP."
Incidental take statement - The part of a
non-jeopardy biological opinion that estimates
the amount or extent of incidental take of
listed species likely to result from the action
subject to consultation and exempts that take
from section 9 take prohibitions. Per section
7(o)(2) of the ESA, actions that are conducted
in conformance with the terms and conditions of
an incidental take permit are exempt from the
section 9(a)(1) prohibitions on take.
Indirect effect - An effect caused by a proposed
action that takes place later in time than the
action, but is still reasonably certain to
occur.
Informal consultation - An optional process that
includes all discussions, correspondence, etc.,
between FWS or NOAA Fisheries and the Federal
agency or the designated non-Federal
representative prior to formal consultation, if
required.
Interdependent action - An action that has no
independent utility apart from the proposed
action that is subject to consultation.
Interrelated action - An action that is part of
a larger action, and that depends on the larger
action for its justification.
Interstate commerce permit - A permit issued
under section 10(a)(1)(A) of the ESA that allows
the transport and sale of federally listed
species across state lines for scientific
research and other activities benefiting the
recovery of the species.
Jeopardy biological opinion - A FWS or NOAA
Fisheries section 7 biological opinion
determining that a Federal action is likely to
jeopardize the continued existence of a listed
species or result in the destruction or adverse
modification of critical habitat.
Jeopardize the continued existence of - To
engage in an action that reasonably would be
expected, directly or indirectly, to reduce
appreciably the likelihood of both the survival
and recovery of a listed species in the wild by
reducing the reproduction, numbers, or
distribution of that species.
Lead
agency - An agency from among two or more
agencies involved in a proposed Federal action
that is assigned lead responsibility for a
consultation. When a federal action involves
more than one Federal agency, the agencies may
coordinate to designate a lead agency for
purposes of consultation with the FWS or NOAA
Fisheries.
Lead
region - FWS region responsible for coordinating
all actions taken to study, propose, list,
conserve, and delist a species.
Lead
office - FWS field office responsible for
coordinating all or most actions taken to study,
propose, list, conserve, and delist a species.
The lead office is given the lead responsibility
over the entire range of a species, including
anywhere it occurs in other regions.
Listed species - A species, subspecies, or
distinct population segment that has been added
to the Federal list of endangered and threatened
wildlife and plants.
Listing - The formal process through which FWS
or NOAA Fisheries adds species to the Federal
list of endangered and threatened wildlife and
plants.
Listing priority - A number from 1 to 12
indicating the relative urgency for listing a
plant or animal species as threatened or
endangered, using criteria that reflect the
magnitude and immediacy of threat to the
species, as well as its relative taxonomic
distinctness or isolation.
Non-jeopardy biological opinion - A FWS or NOAA
Fisheries section 7 biological opinion that
determines that a Federal action is not likely
to jeopardize the existence of a listed species
or result in the destruction or adverse
modification of critical habitat.
Partner - Any entity who voluntarily
participates with another on a project.
Partnership - An informal or formal effort by
two or more partners to achieve a shared
objective or complete a project.
Permit - Permits enable the public to engage in
legitimate wildlife-related activities that
would otherwise be prohibited by law. Under ESA,
a document issued by FWS or NOAA Fisheries under
authority of section 10 of the ESA allowing an
action otherwise prohibited under section 9. The
FWS has two different programs that issue ESA
permits. The Endangered Species Program issues
ESA permits for native species (except for
permits to import/export native species). The
Division of Management Authority issues ESA
permits for non-native species and also for the
import/export of both non-native and native
species. NOAA Fisheries issues ESA permits for
marine species, and FWS/NOAA have joint
responsibilities for some species such as sea
turtles.
Petition - A formal request from an interested
individual to list, reclassify, or delist a
species, or to revise critical habitat for a
listed species under ESA. Critical habitat can
be petitioned for designation under the
Administrative Procedures Act.
Primary constituent element - A physical or
biological feature essential to the conservation
of a species for which its designated or
proposed critical habitat is based on, such as
space for individual and population growth, and
for normal behavior; food, water, air, light,
minerals, or other nutritional or physiological
requirements; cover or shelter; sites for
breeding, reproduction, rearing of offspring,
germination, or seed dispersal; and habitats
that are protected from disturbance or are
representative of the species' historic
geographic and ecological distribution.
Programmatic consultation - Consultation
addressing multiple actions of an agency on a
program-wide, regional, or other basis.
Proposed species - A species of animal or plant
that is proposed in the Federal Register to be
listed under section 4 of the Endangered Species
Act.
Range - The geographic area a species is known
to or believed to occupy.
Reasonable and prudent alternative (RPA) - A
recommended alternative action identified during
formal consultation that can be implemented in a
manner consistent with the intended purpose of
the action, that can be implemented consistent
with the scope of the Federal agency's legal
authority and jurisdiction, that is economically
and technologically feasible, and that FWS or
NOAA Fisheries believes would not jeopardize the
continued existence of listed species or the
destruction or adverse modification of
designated critical habitat.
Reasonable and prudent measure (RPM) - An action
that FWS or NOAA Fisheries believes necessary or
appropriate to minimize the impacts (the amount
or extent) of incidental take caused by an
action that was subject to consultation.
Reclassify - To change a species' official
status from threatened to endangered or
vice-versa.
Recovery - The process by which the decline of
an endangered or threatened species is stopped
or reversed, or threats to its survival
neutralized so that its long-term survival in
the wild can be ensured, and it can be removed
from the list of threatened and endangered
species.
Recovery outline - The first FWS or NOAA
Fisheries recovery document provided for a newly
listed species. While brief, the document serves
to direct recovery efforts pending the
completion of the species' recovery plan.
Recovery permit - A permit issued under section
10(a)(1)(A) of the Endangered Species Act for
scientific research and other activities
benefiting the recovery of federally listed
species; allows for research pertaining to
species recovery, such as taking blood samples
from a peregrine falcon for genetic analysis, or
conducting surveys of freshwater mussel beds to
determine species status and distribution.
Recovery plan - A document drafted by FWS, NOAA
Fisheries, or other knowledgeable individual or
group, that serves as a guide for activities to
be undertaken by Federal, State, or private
entities in helping to recover and conserve
endangered or threatened species.
Recovery priority - A rank, ranging from a high
of 1C to a low of 18, whereby priorities are
assigned to listed species and recovery tasks;
assignment of rank is based on degree of threat,
recovery potential, taxonomic distinctiveness,
and presence of an actual or imminent conflict
between the species and development activities.
Recovery team - A group of people appointed by
the lead FWS Regional Director/NOAA Assistant
Administrator to guide the recovery of a listed
species through such actions as developing a
recovery plan or providing guidance on recovery
implementation. Members of the recovery team
generally include species experts from the FWS/NOAA,
State governments, conservation organizations
and the private sector, as well as stakeholders.
Recovery unit - A management sub-unit of the
listed entity, geographically or otherwise
identifiable, that is essential to the recovery
of the entire listed entity; conserves genetic
or demographic robustness, important life
history stages, or other feature for long-term
sustainability of the entire listed entity.
Recovery units are optional, but, where used,
should collectively encompass the entire listed
entity. Recovery criteria for the listed entity
should address each identified recovery unit,
and every recovery unit must be recovered before
the species can be delisted.
Rulemaking - The formal process of publishing a
draft and final Federal regulation in the
Federal Register; establishes a comment period
for public input into the decision-making
process. For example, plants and animals must be
proposed for listing as threatened or
endangered, and the resulting public comments
must be analyzed, before the FWS or NOAA
Fisheries can make a final decision.
Safe
Harbor Agreement (SHA) - A voluntary agreement
signed by FWS or NOAA Fisheries and a property
owner and any other cooperator that (a) sets
forth specific management activities that the
non-Federal property owner will undertake or
forgo to provide a net conservation benefit to
species covered by the agreement, and (b)
provides the property owner with the Safe Harbor
assurances described within the agreement and
authorized in an enhancement of survival permit.
Scientific name - A formal Latin or latinized
name applied to a taxonomic group of animals or
plants. A species' scientific name is a two-part
combination consisting of the genus followed by
the species. The name is italicized or
underlined. For example, the scientific name of
the little brown bat is Myotis lucifugus. The
genus name is Myotis, and the species name is
lucifugus. If an animal species has been further
divided into subspecies, or a plant species
further divided into varieties, a third part is
added to the scientific name. The Arizona bat is
Myotis lucifugus occultus; "occultus"
distinguishes the Arizona subspecies from other
subspecies of the little brown bat.
Scientific take permit - See Recovery permit
Section 4(d) rule - A regulation developed by
FWS or NOAA Fisheries establishing prohibitions
that apply for a threatened species. Any
prohibitions adopted must be those necessary and
advisable to provide for the conservation of the
species.
Similarity of appearance - A species may be
treated as endangered or threatened if it
resembles in appearance a species which has been
listed under section 4 and enforcement personnel
would have difficulty distinguishing between the
listed and the unlisted species; if the effect
of this difficulty is an additional threat to
the listed species; and if such treatment of the
unlisted species would improve protection for
the listed species. A similarity of appearance
listing must be formalized by rule.
Special rule - See Section 4(d) rule
Species - For purposes of the Endangered Species
Act, this term includes any species or
subspecies of fish or wildlife or plants, and
any distinct population segment of any species
of vertebrate fish or wildlife which interbreeds
when mature.
Species at risk - See Species of concern
Species of concern - An informal term referring
to a species that might be in need of
conservation action. This may range from a need
for periodic monitoring of populations and
threats to the species and its habitat, to the
necessity for listing as threatened or
endangered. Such species receive no legal
protection and use of the term does not
necessarily imply that a species will eventually
be proposed for listing. A similar term is
"species at risk," which is a general term for
listed species as well as unlisted ones that are
declining in population. Canada uses the term in
its new "Species at Risk Act." “Imperiled
species” is another general term for listed as
well as unlisted species that are declining.
Stakeholder - Any person or organization who has
an interest in the actions discussed or is
affected by the resulting outcomes of a project
or action.
Subspecies - A taxonomic rank below that of
species, usually recognizing individuals that
have certain heritable characteristics distinct
from other subspecies of a species.
Take
- To harass, harm, pursue, hunt, shoot, wound,
kill, trap, capture, or collect, or to attempt
to engage in any such conduct; may include
significant habitat modification or degradation
if it kills or injures wildlife by significantly
impairing essential behavioral patterns
including breeding, feeding, or sheltering.
Terms and conditions - Required actions
described in an Incidental Take Permit under
section 10 or Incidental Take Statement intended
to implement the Reasonable and Prudent Measures
under section 7.
Threatened species - An animal or plant species
likely to become endangered within the
foreseeable future throughout all or a
significant portion of its range.
Warranted but precluded - A 12-month petition
finding that a petitioned action should be
undertaken, but cannot because the resources
necessary to do so are being devoted to actions
with higher priority.
*Where to find the legal
definitions: Legal definitions can be found in
the Endangered Species Act, and throughout its
implementing regulations in the Code of Federal
Regulations (CFR). Title 50 of the CFR is called
Wildlife and Fisheries and its shorthand
designation is written as: 50 CFR. Title 50
contains the regulations governing all programs
of the U.S. Fish & Wildlife Service and NOAA
Fisheries. The 50 CFR is subdivided into nearly
700 parts, with each part covering a different
general topic. For example, part 17 covers
endangered and threatened wildlife and plants.
Its shorthand designation is written as: 50 CFR
17. Part 17 is further subdivided into sections,
with each section covering a different specific
topic. For example, section 3 contains
definitions and its shorthand designation is
written as: 50 CFR 17.3. This is just one of
many sections in the 50 CFR that contain
definitions. The list of endangered and
threatened wildlife is found at 5 CFR 17.11. The
corresponding list of endangered and threatened
plants is found at 50 CFR 17.12.
Revised April 2005
