- 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
The primary status codes assigned to listed species are E for endangered and T for threatened. However, there are numerous other status codes for specific types of listings as shown in Table 2.2. Details of these listing actions are provided in the sections below.
In February 2006 there were 997 U.S. species (398 animals and 599 plants) and 520 foreign species (519 animals and one plant) listed as endangered, and 275 U.S. species (129 animals and 146 plants) and forty-six foreign species (forty-four animals and two plants) listed as threatened under the ESA. Thousands of other species are being studied to see if they need to be added to the list. (See Table 1.2 in Chapter 1.)
The Listing Process
The process by which a species becomes listed under the Endangered Species Act is a legal process with specifically defined steps. Successful listing results in regulations that are legally enforceable within all U.S. jurisdictions. At various stages of the listing process the U.S. Fish and Wildlife Service or the National Marine Fisheries Service publishes their actions in the Federal Register, an official document published daily by the National Archives and Records Administration in Washington, D.C. The Federal Register details specific legal actions of the federal government, such as rules, proposed rules, notices from federal agencies, executive orders, and miscellaneous presidential documents. Online access to the Federal Register is available at http://www.gpoaccess.gov/fr/index.html.
There are three ways for the listing process to be initiated:
TABLE 2.2 Endangered Species Act status codes
| TABLE 2.2 | |
|---|---|
| Endangered Species Act status codes | |
| SOURCE: Adapted from "Endangered Species Act Status Codes," in Species List Help File, U.S. Department of the Interior, U.S. Fish and Wildlife Service, Undated, http://www.fws.gov/ifw2es/EndangeredSpecies/lists/help.cfm (accessed February 23, 2006) | |
| E | Endangered |
| T | Threatened |
| EmE | Emergency listing, endangered |
| EmT | Emergency listing, threatened |
| EXPE, XE | Experimental population, essential |
| EXPN, XN | Experimental population, non-essential |
| SAE, E(S/A) | Similarity of appearance to an endangered taxon |
| SAT, T(S/A) | Similarity of appearance to a threatened taxon |
| PE | Proposed endangered |
| PT | Proposed threatened |
| PEXPE, PXE | Proposed experimental population, essential |
| PEXPN, PXN | Proposed experimental population, non-essential |
| PSAE, PE(S/A) | Proposed similarity of appearance to an endangered taxon |
| PSAT, PT(S/A) | Proposed similarity of appearance to a threatened taxon |
| C | Candidate taxon, ready for proposal |
| D3A | Delisted taxon, evidently extinct |
| D3B | Delisted taxon, invalid name in current scientific opinion |
| D3C | Delisted taxon, recovered |
| DA | Delisted taxon, amendment of the act |
| DM | Delisted taxon, recovered, being monitored first five years |
| DO | Delisted taxon, original commercial data erroneous |
| DP | Delisted taxon, discovered previously unknown additional populations and/or habitat |
| DR | Delisted taxon, taxonomic revision (improved understanding) |
| AD | Proposed delisting |
| AE | Proposed reclassification to endangered |
| AT | Proposed reclassification to threatened |
- Submittal of a petition to the U.S. Fish and Wildlife Service or the National Marine Fisheries Service (hereafter called the "Agencies")
- Initiative of the Agencies
- Emergency designation by the Agencies
Figure 2.1 diagrams the most common listing process under the ESA, one that begins with a petition submittal.
PETITION SUBMITTAL
The process for listing a new species as endangered or threatened begins with a formal petition from a person, organization, or government agency. This petition is submitted to the U.S. Fish and Wildlife Service for terrestrial and freshwater species or to the National Marine Fisheries Service for marine and anadromous species. All petitions must be backed by published scientific data supporting the need for listing. Within ninety days, the FWS or NMFS determines whether there is "substantial information" to suggest that a species requires listing under the Endangered Species Act.
STATUS REVIEW
A status review is triggered when a petition is found to suggest that listing may be necessary or upon the initiative of the U.S. Fish and Wildlife Service or the National Marine Fisheries Service. The
FIGURE 2.1 The petition process under the Endangered Species Act
The FWS defines a status review as follows: "the act of reviewing all the available information on a species to determine if it should be provided protection under the ESA. A status review should also use the knowledge of experts; the greater the extent to which Service biologists can build an external consensus using the expertise of various parties (e.g., Federal, State, Tribal, University, Heritage programs), the better." Comments and information are also requested from the general public through publication of a notice in the Federal Register.
The Status Review must be completed within twelve months. There are three possible determinations from the status review:
- Listing is not warranted
- Listing is warranted but precluded
- Listing is warranted
LISTING IS NOT WARRANTED
A finding that listing is not warranted must be accompanied by information explaining why the data presented do not support the petitioned action or why there are not enough data to make an appropriate determination.
LISTING IS WARRANTED BUT PRECLUDED—CANDIDATE SPECIES
In some cases it may be decided that a species should be proposed for listing, but development of the listing regulation is precluded by other listing activities with higher priorities. In other words, the Agency acknowledges that a species deserves protection under the ESA, but the Agency has other priorities that it believes must come first. The species is designated a "candidate species."
Candidate species are assigned a listing priority number ranging from 1 to 12 with lower numbers (1-3) indicating greater priority compared to other candidates. Priority is determined based on three considerations:
- The magnitude of the threats facing the species
- The immediacy of the threats facing the species
- The taxonomic uniqueness of the species
The ratings table is shown in Table 2.3. The National Marine Fisheries Service has a different definition for candidate species. That agency calls them "species of concern" and does not propose them for listing on the basis that available information is inadqueate to justify doing so.
Candidate species are re-evaluated annually to confirm that listing continues to be appropriate. These reevaluations continue until the species is proposed for listing or until its status improves sufficiently to remove it from consideration for listing. The Agencies work with state wildlife agencies and other groups to help preserve and improve the status of candidate species, hoping that populations may recover enough that species will not require listing.
In February 2006 there were 282 candidate species designated under the ESA, and distributed as shown in Figure 2.2. Just over half the candidates were plant species.
LISTING IS WARRANTED
A determination that listing is warranted means that a species is officially proposed for listing through the publication of this action in the Federal Register. At this point, the Agency asks at least three independent biological experts to verify that the petitioned species requires listing under either threatened or endangered status. After that, input from the public, from other federal and state agencies, and from the scientific community is welcomed. This period of public comment typically
TABLE 2.3 Basis for listing priority for candidate species| TABLE 2.3 | |||
|---|---|---|---|
| Basis for listing priority for candidate species | |||
| Threat | Taxonomy | Priority | |
| Magnitude | Immediacy | ||
| SOURCE: "Listing Priority Guidance Number," in "Table 1—Candidate Notice of Review (Animals and Plants)," in Threatened and Endangered Species System (TESS), U.S. Department of the Interior, U.S. Fish and Wildlife Service, February 17, 2006, http://ecos.fws.gov/tess_public/docs/db-priority.html (accessed February 22, 2006) | |||
| High | Imminent | Monotypic genus | 1 |
| Species | 2 | ||
| Subspecies/population | 3 | ||
| Non-imminent | Monotypic genus | 4 | |
| Species | 5 | ||
| Subspecies/population | 6 | ||
| Moderate to low | Imminent | Monotypic genus | 7 |
| Species | 8 | ||
| Subspecies/population | 9 | ||
| Non-imminent | Monotypic genus | 10 | |
| Species | 11 | ||
| Subspecies/population | 12 | ||
lasts sixty days, but may be extended in some cases. Within forty-five days of proposal issuance, interested parties can request public hearings be held on the issues involved with listing. Such hearings are also held in cases where public interest is high in the listing outcome.
In February 2006 there were fifteen species proposed for listing under the ESA: twelve species of pomace fly, two fish species—cowhead lake tui chub and coho salmon—and a flowering plant called Graham's beardtongue.
FINAL DECISION
After a listing has been proposed the Agency must take one of three possible actions:
- Withdraw the proposal—the biological information is found not to support listing the species
- Extend the proposal period—there is substantial disagreement within the scientific community regarding the listing. Only one six-month extension is allowed, and then a final decision must be made.
TABLE 2.4 Delisted U.S. and foreign species, March 2006
| TABLE 2.4 | ||
|---|---|---|
| Delisted U.S. and foreign species, March 2006 | ||
| Inverted common name | Scientific name | Listing statusa |
| Note: Entire range unless otherwise noted. | ||
| aListing status: | ||
| D3A Delisted taxon, evidently extinct | ||
| DA Delisted taxon, amendment of the act | ||
| DM Delisted taxon, recovered, being monitored first five years | ||
| DO Delisted taxon, original commercial data erroneous | ||
| DP Delisted taxon, discovered previously unknown additional populations and/or habitat | ||
| DR Delisted taxon, taxonomic revision (improved understanding) | ||
| SAT Similarity of appearance to a threatened taxon | ||
| bDistinct population segment. | ||
| SOURCE: "Delisted Species Report as of 3/9/2006," in Threatened and Endangered Species System (TESS), U.S. Department of the Interior, U.S. Fish and Wildlife Service, March 9, 2006, http://ecos.fws.gov/tess_public/SpeciesReport.do?listingType_D (accessed March 9, 2006) | ||
| Alligator, American | Alligator mississippiensis | SAT |
| Barberry, truckee | Berberis (=mahonia) sonnei | DR |
| Bidens, cuneate | Bidens cuneata | DR |
| Broadbill, Guam | Myiagra freycineti | D3A |
| Butterfly, Bahama swallowtail | Heraclides andraemon bonhotei | DA |
| Cactus, Lloyd's hedgehog | Echinocereus lloydii | DR |
| Cactus, spineless hedgehog | Echinocereus triglochidiatus var. inermis | DR |
| Cinquefoil, Robbins' | Potentilla robbinsiana | DM |
| Cisco, longjaw | Coregonus alpenae | D3A |
| Deer, Columbian white-tailed (Douglas County DPSb) | Odocoileus virginianus leucurus | DM |
| Dove, Palau ground | Gallicolumba canifrons | DM |
| Duck, Mexican (U.S.A. only) | Anas "diazi" | DR |
| Falcon, American peregrine | Falco peregrinus anatum | DM |
| Falcon, Arctic peregrine | Falco peregrinus tundrius | DM |
| Flycatcher, Palau fantail | Rhipidura lepida | DM |
| Gambusia, Amistad | Gambusia amistadensis | D3A |
| Globeberry, Tumamoc | Tumamoca macdougalii | DP |
| Goose, Aleutian Canada | Branta canadensis leucopareia | DM |
| Hedgehog cactus, purple spined | Echinocereus engelmannii var. purpureus | DR |
| Kangaroo, eastern gray | Macropus giganteus | DM |
| Kangaroo, red | Macropus rufus | DM |
| Kangaroo, western gray | Macropus fuliginosus | DM |
| Mallard, Mariana | Anas oustaleti | D3A |
| Milk-vetch, Rydberg | Astragalus perianus | DP |
| Monarch, Tinian (old world flycatcher) | Monarcha takatsukasae | DM |
| Owl, Palau | Pyrroglaux podargina | DM |
| Pearlymussel, Sampson's | Epioblasma sampsoni | D3A |
| Pelican, brown (U.S. Atlantic coast, Florida, Alabama) | Pelecanus occidentalis | DM |
| Pennyroyal, Mckittrick | Hedeoma apiculatum | DP |
| Pike, blue | Stizostedion vitreum glaucum | D3A |
| Pupfish, Tecopa | Cyprinodon nevadensis calidae | D3A |
| Shrew, Dismal Swamp southeastern | Sorex longirostris fisheri | DP |
| Sparrow, dusky seaside | Ammodramus maritimus nigrescens | D3A |
| Sparrow, Santa Barbara song | Melospiza melodia graminea | D3A |
| Sunflower, Eggert's | Helianthus eggertii | DM |
| Treefrog, pine barrens | Hyla andersonii | DP |
| Trout, coastal cutthroat | Oncorhynchus clarki clarki | DR |
| Turtle, Indian flap-shelled | Lissemys punctata punctata | DO |
| Whale, gray (except where listed) | Eschrichtius robustus | DM |
| Woolly-star, Hoover's | Eriastrum hooveri | DP |
- Publish a final listing rule in the Federal Register—the listing becomes effective thirty days after publication, unless otherwise indicated.
After a species is listed, its condition and situation are reviewed at least every five years to decide whether it still requires government protection.
EMERGENCY LISTING
The ESA authorizes the Agencies to issue temporary emergency listings for species when evidence indicates an immediate and significant risk to the well-being of a species; for example, following a natural disaster. Two designations are possible: endangered emergency listing (EmE) and threatened emergency listing (EmT). The listing must be published in the Federal Register and is effective only for 240 days. During this time the normal status review procedure proceeds.
Petitioners also have the right under the ESA to ask the Agencies for an emergency listing for a species. In July 2005 a coalition of groups petitioned the Fish and Wildlife Service for an EmE listing for the rufus subspecies of the red knot, an imperiled shorebird found in New Jersey. The petitioners argued that the species faces imminent threats and "simply does not have the luxury of time to await the Service's normal status review." The FWS denied the petition claiming that recent population data show the bird's condition is improving and steps are already planned or taking place to protect the bird's status.
As of February 24, 2006, there were no emergency listings in effect for endangered or threatened species listed under the ESA.
DELISTING
Delisting occurs when a species is removed from the candidate list, proposed list, or final list of endangered and threatened species. Delisting takes place for a variety of reasons, as indicated by the "D" codes in Table 2.2. In general, delisting occurs when the agencies find that a species has recovered or become extinct or on various procedural grounds, including discovery of additional habitats or populations.
Listed species that have been delisted are shown in Table 2.4. Of the forty delisted species, fifteen recovered, nine became extinct, and the remainder had procedural issues.
According to the U.S. Fish and Wildlife Service, between September 1997 and February 2006 more than seventy candidate or proposed species were delisted; primarily because new information became available indicating that populations were greater or threats were less serious than originally believed. However, eight species were delisted because of extinction: four flowering plants and four insects.
User Comments Add a comment…