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The brief success of the Communists also fed into the hands of the British Union of Fascists (BUF). Anti-Semitic attitudes became widespread, particularly in London. Rumours that Jewish support was underpinning the Communist surge were frequent. Rumours that Jews were inflating prices, were responsible for the Black Market, were the first to panic under attack (even the cause of the panic), and secured the best shelters via underhanded methods, were also widespread. Moreover, there was also racial antagonism between the small Black, Indian and Jewish communities. However, the feared race riots did not transpire despite the mixing of different peoples into confined areas.
What was one the rumors that Jews were doing in regard to shelters?
secured the best shelters via underhanded methods
The brief success of the Communists also fed into the hands of the British Union of Fascists (BUF). Anti-Semitic attitudes became widespread, particularly in London. Rumours that Jewish support was underpinning the Communist surge were frequent. Rumours that Jews were inflating prices, were responsible for the Black Market, were the first to panic under attack (even the cause of the panic), and secured the best shelters via underhanded methods, were also widespread. Moreover, there was also racial antagonism between the small Black, Indian and Jewish communities. However, the feared race riots did not transpire despite the mixing of different peoples into confined areas.
What was feared would happen when different races were mixed in shelters?
race riots
In other cities, class conflict was more evident. Over a quarter of London's population had left the city by November 1940. Civilians left for more remote areas of the country. Upsurges in population south Wales and Gloucester intimated where these displaced people went. Other reasons, including industry dispersal may have been a factor. However, resentment of rich self-evacuees or hostile treatment of poor ones were signs of persistence of class resentments although these factors did not appear to threaten social order. The total number of evacuees numbered 1.4 million, including a high proportion from the poorest inner-city families. Reception committees were completely unprepared for the condition of some of the children. Far from displaying the nation's unity in time of war, the scheme backfired, often aggravating class antagonism and bolstering prejudice about the urban poor. Within four months, 88% of evacuated mothers, 86% of small children, and 43% of school children had been returned home. The lack of bombing in the Phoney War contributed significantly to the return of people to the cities, but class conflict was not eased a year later when evacuation operations had to be put into effect again.
What was another reason for populations moving?
industry dispersal may have been a factor
In other cities, class conflict was more evident. Over a quarter of London's population had left the city by November 1940. Civilians left for more remote areas of the country. Upsurges in population south Wales and Gloucester intimated where these displaced people went. Other reasons, including industry dispersal may have been a factor. However, resentment of rich self-evacuees or hostile treatment of poor ones were signs of persistence of class resentments although these factors did not appear to threaten social order. The total number of evacuees numbered 1.4 million, including a high proportion from the poorest inner-city families. Reception committees were completely unprepared for the condition of some of the children. Far from displaying the nation's unity in time of war, the scheme backfired, often aggravating class antagonism and bolstering prejudice about the urban poor. Within four months, 88% of evacuated mothers, 86% of small children, and 43% of school children had been returned home. The lack of bombing in the Phoney War contributed significantly to the return of people to the cities, but class conflict was not eased a year later when evacuation operations had to be put into effect again.
How much of London's population left?
Over a quarter
In other cities, class conflict was more evident. Over a quarter of London's population had left the city by November 1940. Civilians left for more remote areas of the country. Upsurges in population south Wales and Gloucester intimated where these displaced people went. Other reasons, including industry dispersal may have been a factor. However, resentment of rich self-evacuees or hostile treatment of poor ones were signs of persistence of class resentments although these factors did not appear to threaten social order. The total number of evacuees numbered 1.4 million, including a high proportion from the poorest inner-city families. Reception committees were completely unprepared for the condition of some of the children. Far from displaying the nation's unity in time of war, the scheme backfired, often aggravating class antagonism and bolstering prejudice about the urban poor. Within four months, 88% of evacuated mothers, 86% of small children, and 43% of school children had been returned home. The lack of bombing in the Phoney War contributed significantly to the return of people to the cities, but class conflict was not eased a year later when evacuation operations had to be put into effect again.
What locations saw an increase in populations?
south Wales and Gloucester
In other cities, class conflict was more evident. Over a quarter of London's population had left the city by November 1940. Civilians left for more remote areas of the country. Upsurges in population south Wales and Gloucester intimated where these displaced people went. Other reasons, including industry dispersal may have been a factor. However, resentment of rich self-evacuees or hostile treatment of poor ones were signs of persistence of class resentments although these factors did not appear to threaten social order. The total number of evacuees numbered 1.4 million, including a high proportion from the poorest inner-city families. Reception committees were completely unprepared for the condition of some of the children. Far from displaying the nation's unity in time of war, the scheme backfired, often aggravating class antagonism and bolstering prejudice about the urban poor. Within four months, 88% of evacuated mothers, 86% of small children, and 43% of school children had been returned home. The lack of bombing in the Phoney War contributed significantly to the return of people to the cities, but class conflict was not eased a year later when evacuation operations had to be put into effect again.
How much of the population returned in four months?
88% of evacuated mothers, 86% of small children, and 43% of school children
In other cities, class conflict was more evident. Over a quarter of London's population had left the city by November 1940. Civilians left for more remote areas of the country. Upsurges in population south Wales and Gloucester intimated where these displaced people went. Other reasons, including industry dispersal may have been a factor. However, resentment of rich self-evacuees or hostile treatment of poor ones were signs of persistence of class resentments although these factors did not appear to threaten social order. The total number of evacuees numbered 1.4 million, including a high proportion from the poorest inner-city families. Reception committees were completely unprepared for the condition of some of the children. Far from displaying the nation's unity in time of war, the scheme backfired, often aggravating class antagonism and bolstering prejudice about the urban poor. Within four months, 88% of evacuated mothers, 86% of small children, and 43% of school children had been returned home. The lack of bombing in the Phoney War contributed significantly to the return of people to the cities, but class conflict was not eased a year later when evacuation operations had to be put into effect again.
How many evacuees were there?
1.4 million
In recent years a large number of wartime recordings relating to the Blitz have been made available on audiobooks such as The Blitz, The Home Front and British War Broadcasting. These collections include period interviews with civilians, servicemen, aircrew, politicians and Civil Defence personnel, as well as Blitz actuality recordings, news bulletins and public information broadcasts. Notable interviews include Thomas Alderson, the first recipient of the George Cross, John Cormack, who survived eight days trapped beneath rubble on Clydeside, and Herbert Morrison's famous "Britain shall not burn" appeal for more fireguards in December 1940.
What are the audiobooks with wartime recordings?
The Blitz, The Home Front and British War Broadcasting
In recent years a large number of wartime recordings relating to the Blitz have been made available on audiobooks such as The Blitz, The Home Front and British War Broadcasting. These collections include period interviews with civilians, servicemen, aircrew, politicians and Civil Defence personnel, as well as Blitz actuality recordings, news bulletins and public information broadcasts. Notable interviews include Thomas Alderson, the first recipient of the George Cross, John Cormack, who survived eight days trapped beneath rubble on Clydeside, and Herbert Morrison's famous "Britain shall not burn" appeal for more fireguards in December 1940.
What are some of the things included in these recordings?
period interviews with civilians, servicemen, aircrew, politicians and Civil Defence personnel, as well as Blitz actuality recordings
In recent years a large number of wartime recordings relating to the Blitz have been made available on audiobooks such as The Blitz, The Home Front and British War Broadcasting. These collections include period interviews with civilians, servicemen, aircrew, politicians and Civil Defence personnel, as well as Blitz actuality recordings, news bulletins and public information broadcasts. Notable interviews include Thomas Alderson, the first recipient of the George Cross, John Cormack, who survived eight days trapped beneath rubble on Clydeside, and Herbert Morrison's famous "Britain shall not burn" appeal for more fireguards in December 1940.
What is one of the notable recordings included?
Thomas Alderson, the first recipient of the George Cross, John Cormack, who survived eight days trapped beneath rubble on Clydeside
In recent years a large number of wartime recordings relating to the Blitz have been made available on audiobooks such as The Blitz, The Home Front and British War Broadcasting. These collections include period interviews with civilians, servicemen, aircrew, politicians and Civil Defence personnel, as well as Blitz actuality recordings, news bulletins and public information broadcasts. Notable interviews include Thomas Alderson, the first recipient of the George Cross, John Cormack, who survived eight days trapped beneath rubble on Clydeside, and Herbert Morrison's famous "Britain shall not burn" appeal for more fireguards in December 1940.
What is a second recording that is of note?
Herbert Morrison's famous "Britain shall not burn" appeal for more fireguards in December 1940.
The Endangered Species Act of 1973 (ESA; 16 U.S.C. § 1531 et seq.) is one of the few dozens of United States environmental laws passed in the 1970s, and serves as the enacting legislation to carry out the provisions outlined in The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The ESA was signed into law by President Richard Nixon on December 28, 1973, it was designed to protect critically imperiled species from extinction as a "consequence of economic growth and development untempered by adequate concern and conservation." The U.S. Supreme Court found that "the plain intent of Congress in enacting" the ESA "was to halt and reverse the trend toward species extinction, whatever the cost." The Act is administered by two federal agencies, the United States Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration (NOAA).
Which president signed the Act into law?
Richard Nixon
The Endangered Species Act of 1973 (ESA; 16 U.S.C. § 1531 et seq.) is one of the few dozens of United States environmental laws passed in the 1970s, and serves as the enacting legislation to carry out the provisions outlined in The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The ESA was signed into law by President Richard Nixon on December 28, 1973, it was designed to protect critically imperiled species from extinction as a "consequence of economic growth and development untempered by adequate concern and conservation." The U.S. Supreme Court found that "the plain intent of Congress in enacting" the ESA "was to halt and reverse the trend toward species extinction, whatever the cost." The Act is administered by two federal agencies, the United States Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration (NOAA).
On what day was the Endangered Species Act signed?
December 28
The Endangered Species Act of 1973 (ESA; 16 U.S.C. § 1531 et seq.) is one of the few dozens of United States environmental laws passed in the 1970s, and serves as the enacting legislation to carry out the provisions outlined in The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The ESA was signed into law by President Richard Nixon on December 28, 1973, it was designed to protect critically imperiled species from extinction as a "consequence of economic growth and development untempered by adequate concern and conservation." The U.S. Supreme Court found that "the plain intent of Congress in enacting" the ESA "was to halt and reverse the trend toward species extinction, whatever the cost." The Act is administered by two federal agencies, the United States Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration (NOAA).
What did the Supreme Court cite as the intent of Congress in enacting the Endangered Species Act?
to halt and reverse the trend toward species extinction, whatever the cost
The Endangered Species Act of 1973 (ESA; 16 U.S.C. § 1531 et seq.) is one of the few dozens of United States environmental laws passed in the 1970s, and serves as the enacting legislation to carry out the provisions outlined in The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The ESA was signed into law by President Richard Nixon on December 28, 1973, it was designed to protect critically imperiled species from extinction as a "consequence of economic growth and development untempered by adequate concern and conservation." The U.S. Supreme Court found that "the plain intent of Congress in enacting" the ESA "was to halt and reverse the trend toward species extinction, whatever the cost." The Act is administered by two federal agencies, the United States Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration (NOAA).
Which two federal agencies administer the Act?
the United States Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration (NOAA)
The Endangered Species Act of 1973 (ESA; 16 U.S.C. § 1531 et seq.) is one of the few dozens of United States environmental laws passed in the 1970s, and serves as the enacting legislation to carry out the provisions outlined in The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The ESA was signed into law by President Richard Nixon on December 28, 1973, it was designed to protect critically imperiled species from extinction as a "consequence of economic growth and development untempered by adequate concern and conservation." The U.S. Supreme Court found that "the plain intent of Congress in enacting" the ESA "was to halt and reverse the trend toward species extinction, whatever the cost." The Act is administered by two federal agencies, the United States Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration (NOAA).
In what year did the Endangered Species Act become law?
1973
One species in particular received widespread attention—the whooping crane. The species' historical range extended from central Canada South to Mexico, and from Utah to the Atlantic coast. Unregulated hunting and habitat loss contributed to a steady decline in the whooping crane population until, by 1890, it had disappeared from its primary breeding range in the north central United States. It would be another eight years before the first national law regulating wildlife commerce was signed, and another two years before the first version of the endangered species act was passed. The whooping crane population by 1941 was estimated at about only 16 birds still in the wild.
What was the historical range of the whooping crane?
central Canada South to Mexico, and from Utah to the Atlantic coast
One species in particular received widespread attention—the whooping crane. The species' historical range extended from central Canada South to Mexico, and from Utah to the Atlantic coast. Unregulated hunting and habitat loss contributed to a steady decline in the whooping crane population until, by 1890, it had disappeared from its primary breeding range in the north central United States. It would be another eight years before the first national law regulating wildlife commerce was signed, and another two years before the first version of the endangered species act was passed. The whooping crane population by 1941 was estimated at about only 16 birds still in the wild.
What two issues caused steady decline in the whooping crane population?
Unregulated hunting and habitat loss
One species in particular received widespread attention—the whooping crane. The species' historical range extended from central Canada South to Mexico, and from Utah to the Atlantic coast. Unregulated hunting and habitat loss contributed to a steady decline in the whooping crane population until, by 1890, it had disappeared from its primary breeding range in the north central United States. It would be another eight years before the first national law regulating wildlife commerce was signed, and another two years before the first version of the endangered species act was passed. The whooping crane population by 1941 was estimated at about only 16 birds still in the wild.
What was the estimated population of the whooping crane in 1941?
16 birds
One species in particular received widespread attention—the whooping crane. The species' historical range extended from central Canada South to Mexico, and from Utah to the Atlantic coast. Unregulated hunting and habitat loss contributed to a steady decline in the whooping crane population until, by 1890, it had disappeared from its primary breeding range in the north central United States. It would be another eight years before the first national law regulating wildlife commerce was signed, and another two years before the first version of the endangered species act was passed. The whooping crane population by 1941 was estimated at about only 16 birds still in the wild.
How many years after the noted absence of the whooping crane from its breeding range did the first law regulating wildlife commerce pass
eight years
The Lacey Act of 1900 was the first federal law that regulated commercial animal markets. It prohibited interstate commerce of animals killed in violation of state game laws, and covered all fish and wildlife and their parts or products, as well as plants. Other legislation followed, including the Migratory Bird Conservation Act of 1929, a 1937 treaty prohibiting the hunting of right and gray whales, and the Bald Eagle Protection Act of 1940. These later laws had a low cost to society–the species were relatively rare–and little opposition was raised.
What was the first federal law that regulated wildlife commerce?
Lacey Act of 1900
The Lacey Act of 1900 was the first federal law that regulated commercial animal markets. It prohibited interstate commerce of animals killed in violation of state game laws, and covered all fish and wildlife and their parts or products, as well as plants. Other legislation followed, including the Migratory Bird Conservation Act of 1929, a 1937 treaty prohibiting the hunting of right and gray whales, and the Bald Eagle Protection Act of 1940. These later laws had a low cost to society–the species were relatively rare–and little opposition was raised.
What did the first federal wildlife commerce law prohibit?
interstate commerce of animals killed in violation of state game laws
The Lacey Act of 1900 was the first federal law that regulated commercial animal markets. It prohibited interstate commerce of animals killed in violation of state game laws, and covered all fish and wildlife and their parts or products, as well as plants. Other legislation followed, including the Migratory Bird Conservation Act of 1929, a 1937 treaty prohibiting the hunting of right and gray whales, and the Bald Eagle Protection Act of 1940. These later laws had a low cost to society–the species were relatively rare–and little opposition was raised.
What wildlife was covered by the first federal wildlife commerce regulation?
all fish and wildlife and their parts or products, as well as plants
The Lacey Act of 1900 was the first federal law that regulated commercial animal markets. It prohibited interstate commerce of animals killed in violation of state game laws, and covered all fish and wildlife and their parts or products, as well as plants. Other legislation followed, including the Migratory Bird Conservation Act of 1929, a 1937 treaty prohibiting the hunting of right and gray whales, and the Bald Eagle Protection Act of 1940. These later laws had a low cost to society–the species were relatively rare–and little opposition was raised.
What law passed in 1940 regarding the population of the U.S. national bird?
Bald Eagle Protection Act of 1940
It authorized the Secretary of the Interior to list endangered domestic fish and wildlife and allowed the United States Fish and Wildlife Service to spend up to $15 million per year to buy habitats for listed species. It also directed federal land agencies to preserve habitat on their lands. The Act also consolidated and even expanded authority for the Secretary of the Interior to manage and administer the National Wildlife Refuge System. Other public agencies were encouraged, but not required, to protect species. The act did not address the commerce in endangered species and parts.
What did the Endangered Species Act authorize the Secretary of the Interior to do?
list endangered domestic fish and wildlife
It authorized the Secretary of the Interior to list endangered domestic fish and wildlife and allowed the United States Fish and Wildlife Service to spend up to $15 million per year to buy habitats for listed species. It also directed federal land agencies to preserve habitat on their lands. The Act also consolidated and even expanded authority for the Secretary of the Interior to manage and administer the National Wildlife Refuge System. Other public agencies were encouraged, but not required, to protect species. The act did not address the commerce in endangered species and parts.
The Endangered Species Act permitted how much annual expenditure by the US Fish and Wildlife Service for habitat purchase?
$15 million per year
It authorized the Secretary of the Interior to list endangered domestic fish and wildlife and allowed the United States Fish and Wildlife Service to spend up to $15 million per year to buy habitats for listed species. It also directed federal land agencies to preserve habitat on their lands. The Act also consolidated and even expanded authority for the Secretary of the Interior to manage and administer the National Wildlife Refuge System. Other public agencies were encouraged, but not required, to protect species. The act did not address the commerce in endangered species and parts.
The Endangered Species Act gave the Secretary of the Interior administrative power of what organization?
the National Wildlife Refuge System
It authorized the Secretary of the Interior to list endangered domestic fish and wildlife and allowed the United States Fish and Wildlife Service to spend up to $15 million per year to buy habitats for listed species. It also directed federal land agencies to preserve habitat on their lands. The Act also consolidated and even expanded authority for the Secretary of the Interior to manage and administer the National Wildlife Refuge System. Other public agencies were encouraged, but not required, to protect species. The act did not address the commerce in endangered species and parts.
How did the Endangered Species Act impact wildlife commerce?
The act did not address the commerce in endangered species and parts
It authorized the Secretary of the Interior to list endangered domestic fish and wildlife and allowed the United States Fish and Wildlife Service to spend up to $15 million per year to buy habitats for listed species. It also directed federal land agencies to preserve habitat on their lands. The Act also consolidated and even expanded authority for the Secretary of the Interior to manage and administer the National Wildlife Refuge System. Other public agencies were encouraged, but not required, to protect species. The act did not address the commerce in endangered species and parts.
How did the Endangered Species Act impact other agencies not specifically mentioned in the Act?
Other public agencies were encouraged, but not required, to protect species
This first list is referred to as the "Class of '67" in The Endangered Species Act at Thirty, Volume 1, which concludes that habitat destruction, the biggest threat to those 78 species, is still the same threat to the currently listed species. It included only vertebrates because the Department of Interior's definition of "fish and wildlife" was limited to vertebrates. However, with time, researchers noticed that the animals on the endangered species list still were not getting enough protection, thus further threatening their extinction. The endangered species program was expanded by the Endangered Species Act of 1969.
What is the nickname given to the first listing of endangered species?
"Class of '67"
This first list is referred to as the "Class of '67" in The Endangered Species Act at Thirty, Volume 1, which concludes that habitat destruction, the biggest threat to those 78 species, is still the same threat to the currently listed species. It included only vertebrates because the Department of Interior's definition of "fish and wildlife" was limited to vertebrates. However, with time, researchers noticed that the animals on the endangered species list still were not getting enough protection, thus further threatening their extinction. The endangered species program was expanded by the Endangered Species Act of 1969.
How was the first listing limited in what species were listed?
It included only vertebrates
This first list is referred to as the "Class of '67" in The Endangered Species Act at Thirty, Volume 1, which concludes that habitat destruction, the biggest threat to those 78 species, is still the same threat to the currently listed species. It included only vertebrates because the Department of Interior's definition of "fish and wildlife" was limited to vertebrates. However, with time, researchers noticed that the animals on the endangered species list still were not getting enough protection, thus further threatening their extinction. The endangered species program was expanded by the Endangered Species Act of 1969.
What was concluded to be the biggest threat to the listed species?
habitat destruction
This first list is referred to as the "Class of '67" in The Endangered Species Act at Thirty, Volume 1, which concludes that habitat destruction, the biggest threat to those 78 species, is still the same threat to the currently listed species. It included only vertebrates because the Department of Interior's definition of "fish and wildlife" was limited to vertebrates. However, with time, researchers noticed that the animals on the endangered species list still were not getting enough protection, thus further threatening their extinction. The endangered species program was expanded by the Endangered Species Act of 1969.
How did being listed initially impact species?
the animals on the endangered species list still were not getting enough protection, thus further threatening their extinction
The Endangered Species Conservation Act (P. L. 91-135), passed in December, 1969, amended the original law to provide additional protection to species in danger of "worldwide extinction" by prohibiting their importation and subsequent sale in the United States. It expanded the Lacey Act's ban on interstate commerce to include mammals, reptiles, amphibians, mollusks and crustaceans. Reptiles were added mainly to reduce the rampant poaching of alligators and crocodiles. This law was the first time that invertebrates were included for protection.
When was the Endangered Species Conservation Act passed?
December, 1969
The Endangered Species Conservation Act (P. L. 91-135), passed in December, 1969, amended the original law to provide additional protection to species in danger of "worldwide extinction" by prohibiting their importation and subsequent sale in the United States. It expanded the Lacey Act's ban on interstate commerce to include mammals, reptiles, amphibians, mollusks and crustaceans. Reptiles were added mainly to reduce the rampant poaching of alligators and crocodiles. This law was the first time that invertebrates were included for protection.
How did the Endangered Species Conservation Act benefit endangered species?
by prohibiting their importation and subsequent sale in the United States
The Endangered Species Conservation Act (P. L. 91-135), passed in December, 1969, amended the original law to provide additional protection to species in danger of "worldwide extinction" by prohibiting their importation and subsequent sale in the United States. It expanded the Lacey Act's ban on interstate commerce to include mammals, reptiles, amphibians, mollusks and crustaceans. Reptiles were added mainly to reduce the rampant poaching of alligators and crocodiles. This law was the first time that invertebrates were included for protection.
What did the Endangered Species Conservation Act add to the wildlife definition of the Lacey Act?
mammals, reptiles, amphibians, mollusks and crustaceans
The Endangered Species Conservation Act (P. L. 91-135), passed in December, 1969, amended the original law to provide additional protection to species in danger of "worldwide extinction" by prohibiting their importation and subsequent sale in the United States. It expanded the Lacey Act's ban on interstate commerce to include mammals, reptiles, amphibians, mollusks and crustaceans. Reptiles were added mainly to reduce the rampant poaching of alligators and crocodiles. This law was the first time that invertebrates were included for protection.
What two reptiles were particularly of interest for the inclusion of "reptiles" in the Endangered Species Conservation Act?
alligators and crocodiles
The Endangered Species Conservation Act (P. L. 91-135), passed in December, 1969, amended the original law to provide additional protection to species in danger of "worldwide extinction" by prohibiting their importation and subsequent sale in the United States. It expanded the Lacey Act's ban on interstate commerce to include mammals, reptiles, amphibians, mollusks and crustaceans. Reptiles were added mainly to reduce the rampant poaching of alligators and crocodiles. This law was the first time that invertebrates were included for protection.
What important precedent did this set for invertebrates?
This law was the first time that invertebrates were included for protection
President Richard Nixon declared current species conservation efforts to be inadequate and called on the 93rd United States Congress to pass comprehensive endangered species legislation. Congress responded with a completely rewritten law, the Endangered Species Act of 1973 which was signed by Nixon on December 28, 1973 (Pub.L. 93–205). It was written by a team of lawyers and scientists, including the first appointed head of the Council on Environmental Quality (CEQ),an outgrowth of NEPA (The "National Environmental Policy Act of 1969") Dr. Russell E. Train. Dr. Train was assisted by a core group of staffers, including Dr. Earl Baysinger at EPA (currently Assistant Chief, Office of Endangered Species and International. Activities), Dick Gutting (U.S. Commerce Dept. lawyer, currently joined NOAA the previous year (1972), and Dr. Gerard A. "Jerry" Bertrand, a marine biologist (Ph.D, Oregon State University) by training, who had transferred from his post as the Scientific Adviser to the U.S Army Corps of Engineers, office of the Commandant of the Corp. to join the newly formed White House office. The staff, under Dr. Train's leadership, incorporated dozens of new principles and ideas into the landmark legislation; crafting a document that completely changed the direction of environmental conservation in the United States. Dr. Bertrand is credited with writing the most challenged section of the Act, the "takings" clause - Section 2.
Who led the team of lawyers and scientists who crafted the Endangered Species Act of 1973?
Dr. Russell E. Train
President Richard Nixon declared current species conservation efforts to be inadequate and called on the 93rd United States Congress to pass comprehensive endangered species legislation. Congress responded with a completely rewritten law, the Endangered Species Act of 1973 which was signed by Nixon on December 28, 1973 (Pub.L. 93–205). It was written by a team of lawyers and scientists, including the first appointed head of the Council on Environmental Quality (CEQ),an outgrowth of NEPA (The "National Environmental Policy Act of 1969") Dr. Russell E. Train. Dr. Train was assisted by a core group of staffers, including Dr. Earl Baysinger at EPA (currently Assistant Chief, Office of Endangered Species and International. Activities), Dick Gutting (U.S. Commerce Dept. lawyer, currently joined NOAA the previous year (1972), and Dr. Gerard A. "Jerry" Bertrand, a marine biologist (Ph.D, Oregon State University) by training, who had transferred from his post as the Scientific Adviser to the U.S Army Corps of Engineers, office of the Commandant of the Corp. to join the newly formed White House office. The staff, under Dr. Train's leadership, incorporated dozens of new principles and ideas into the landmark legislation; crafting a document that completely changed the direction of environmental conservation in the United States. Dr. Bertrand is credited with writing the most challenged section of the Act, the "takings" clause - Section 2.
The team leader was the first appointed head of what organization?
the Council on Environmental Quality
President Richard Nixon declared current species conservation efforts to be inadequate and called on the 93rd United States Congress to pass comprehensive endangered species legislation. Congress responded with a completely rewritten law, the Endangered Species Act of 1973 which was signed by Nixon on December 28, 1973 (Pub.L. 93–205). It was written by a team of lawyers and scientists, including the first appointed head of the Council on Environmental Quality (CEQ),an outgrowth of NEPA (The "National Environmental Policy Act of 1969") Dr. Russell E. Train. Dr. Train was assisted by a core group of staffers, including Dr. Earl Baysinger at EPA (currently Assistant Chief, Office of Endangered Species and International. Activities), Dick Gutting (U.S. Commerce Dept. lawyer, currently joined NOAA the previous year (1972), and Dr. Gerard A. "Jerry" Bertrand, a marine biologist (Ph.D, Oregon State University) by training, who had transferred from his post as the Scientific Adviser to the U.S Army Corps of Engineers, office of the Commandant of the Corp. to join the newly formed White House office. The staff, under Dr. Train's leadership, incorporated dozens of new principles and ideas into the landmark legislation; crafting a document that completely changed the direction of environmental conservation in the United States. Dr. Bertrand is credited with writing the most challenged section of the Act, the "takings" clause - Section 2.
Who wrote the most challenged section of the Act?
Dr. Gerard A. "Jerry" Bertrand
President Richard Nixon declared current species conservation efforts to be inadequate and called on the 93rd United States Congress to pass comprehensive endangered species legislation. Congress responded with a completely rewritten law, the Endangered Species Act of 1973 which was signed by Nixon on December 28, 1973 (Pub.L. 93–205). It was written by a team of lawyers and scientists, including the first appointed head of the Council on Environmental Quality (CEQ),an outgrowth of NEPA (The "National Environmental Policy Act of 1969") Dr. Russell E. Train. Dr. Train was assisted by a core group of staffers, including Dr. Earl Baysinger at EPA (currently Assistant Chief, Office of Endangered Species and International. Activities), Dick Gutting (U.S. Commerce Dept. lawyer, currently joined NOAA the previous year (1972), and Dr. Gerard A. "Jerry" Bertrand, a marine biologist (Ph.D, Oregon State University) by training, who had transferred from his post as the Scientific Adviser to the U.S Army Corps of Engineers, office of the Commandant of the Corp. to join the newly formed White House office. The staff, under Dr. Train's leadership, incorporated dozens of new principles and ideas into the landmark legislation; crafting a document that completely changed the direction of environmental conservation in the United States. Dr. Bertrand is credited with writing the most challenged section of the Act, the "takings" clause - Section 2.
Who was the core staffer to the legislation that worked for the EPA and continued to work in the Office of Endangered Species?
Dr. Earl Baysinger
President Richard Nixon declared current species conservation efforts to be inadequate and called on the 93rd United States Congress to pass comprehensive endangered species legislation. Congress responded with a completely rewritten law, the Endangered Species Act of 1973 which was signed by Nixon on December 28, 1973 (Pub.L. 93–205). It was written by a team of lawyers and scientists, including the first appointed head of the Council on Environmental Quality (CEQ),an outgrowth of NEPA (The "National Environmental Policy Act of 1969") Dr. Russell E. Train. Dr. Train was assisted by a core group of staffers, including Dr. Earl Baysinger at EPA (currently Assistant Chief, Office of Endangered Species and International. Activities), Dick Gutting (U.S. Commerce Dept. lawyer, currently joined NOAA the previous year (1972), and Dr. Gerard A. "Jerry" Bertrand, a marine biologist (Ph.D, Oregon State University) by training, who had transferred from his post as the Scientific Adviser to the U.S Army Corps of Engineers, office of the Commandant of the Corp. to join the newly formed White House office. The staff, under Dr. Train's leadership, incorporated dozens of new principles and ideas into the landmark legislation; crafting a document that completely changed the direction of environmental conservation in the United States. Dr. Bertrand is credited with writing the most challenged section of the Act, the "takings" clause - Section 2.
What Congress called for the drafting of the Endangered Species Act of 1973?
the 93rd United States Congress
A species can be listed in two ways. The United States Fish and Wildlife Service (FWS) or NOAA Fisheries (also called the National Marine Fisheries Service) can directly list a species through its candidate assessment program, or an individual or organizational petition may request that the FWS or NMFS list a species. A "species" under the act can be a true taxonomic species, a subspecies, or in the case of vertebrates, a "distinct population segment." The procedures are the same for both types except with the person/organization petition, there is a 90-day screening period.
How many different ways can a species be added to the endangered list?
two ways
A species can be listed in two ways. The United States Fish and Wildlife Service (FWS) or NOAA Fisheries (also called the National Marine Fisheries Service) can directly list a species through its candidate assessment program, or an individual or organizational petition may request that the FWS or NMFS list a species. A "species" under the act can be a true taxonomic species, a subspecies, or in the case of vertebrates, a "distinct population segment." The procedures are the same for both types except with the person/organization petition, there is a 90-day screening period.
What federal program is used to list a species?
candidate assessment program
A species can be listed in two ways. The United States Fish and Wildlife Service (FWS) or NOAA Fisheries (also called the National Marine Fisheries Service) can directly list a species through its candidate assessment program, or an individual or organizational petition may request that the FWS or NMFS list a species. A "species" under the act can be a true taxonomic species, a subspecies, or in the case of vertebrates, a "distinct population segment." The procedures are the same for both types except with the person/organization petition, there is a 90-day screening period.
How long is the screening period of an individual's or organization's petition to add a species to the list
90-day screening period
A species can be listed in two ways. The United States Fish and Wildlife Service (FWS) or NOAA Fisheries (also called the National Marine Fisheries Service) can directly list a species through its candidate assessment program, or an individual or organizational petition may request that the FWS or NMFS list a species. A "species" under the act can be a true taxonomic species, a subspecies, or in the case of vertebrates, a "distinct population segment." The procedures are the same for both types except with the person/organization petition, there is a 90-day screening period.
In the case of vertebrates, what is the most lenient interpretation of "species"?
a "distinct population segment."
During the listing process, economic factors cannot be considered, but must be " based solely on the best scientific and commercial data available." The 1982 amendment to the ESA added the word "solely" to prevent any consideration other than the biological status of the species. Congress rejected President Ronald Reagan's Executive Order 12291 which required economic analysis of all government agency actions. The House committee's statement was "that economic considerations have no relevance to determinations regarding the status of species."
What word was added to the Endangered Species Act in 1982?
"solely"
During the listing process, economic factors cannot be considered, but must be " based solely on the best scientific and commercial data available." The 1982 amendment to the ESA added the word "solely" to prevent any consideration other than the biological status of the species. Congress rejected President Ronald Reagan's Executive Order 12291 which required economic analysis of all government agency actions. The House committee's statement was "that economic considerations have no relevance to determinations regarding the status of species."
Because of the change to the Endangered Species Act in 1982, what is the only consideration for being listed as endangered?
the biological status of the species
During the listing process, economic factors cannot be considered, but must be " based solely on the best scientific and commercial data available." The 1982 amendment to the ESA added the word "solely" to prevent any consideration other than the biological status of the species. Congress rejected President Ronald Reagan's Executive Order 12291 which required economic analysis of all government agency actions. The House committee's statement was "that economic considerations have no relevance to determinations regarding the status of species."
Which president issued an Executive Order that required financial consideration of all government actions?
Ronald Reagan
During the listing process, economic factors cannot be considered, but must be " based solely on the best scientific and commercial data available." The 1982 amendment to the ESA added the word "solely" to prevent any consideration other than the biological status of the species. Congress rejected President Ronald Reagan's Executive Order 12291 which required economic analysis of all government agency actions. The House committee's statement was "that economic considerations have no relevance to determinations regarding the status of species."
What did Congress do to the Executive Order that would have included financial considerations as a factor for a species to be listed?
Congress rejected
Public notice is given through legal notices in newspapers, and communicated to state and county agencies within the species' area. Foreign nations may also receive notice of a listing. A public hearing is mandatory if any person has requested one within 45 days of the published notice. "The purpose of the notice and comment requirement is to provide for meaningful public participation in the rulemaking process." summarized the Ninth Circuit court in the case of Idaho Farm Bureau Federation v. Babbitt.
How is public notice given regarding a listing?
through legal notices in newspapers, and communicated to state and county agencies within the species' area
Public notice is given through legal notices in newspapers, and communicated to state and county agencies within the species' area. Foreign nations may also receive notice of a listing. A public hearing is mandatory if any person has requested one within 45 days of the published notice. "The purpose of the notice and comment requirement is to provide for meaningful public participation in the rulemaking process." summarized the Ninth Circuit court in the case of Idaho Farm Bureau Federation v. Babbitt.
How long after a published notice of the listing may a public hearing regarding the listing be requested?
45 days
Public notice is given through legal notices in newspapers, and communicated to state and county agencies within the species' area. Foreign nations may also receive notice of a listing. A public hearing is mandatory if any person has requested one within 45 days of the published notice. "The purpose of the notice and comment requirement is to provide for meaningful public participation in the rulemaking process." summarized the Ninth Circuit court in the case of Idaho Farm Bureau Federation v. Babbitt.
Do listing notices cross international soil?
Foreign nations may also receive notice of a listing
The provision of the law in Section 4 that establishes critical habitat is a regulatory link between habitat protection and recovery goals, requiring the identification and protection of all lands, water and air necessary to recover endangered species. To determine what exactly is critical habitat, the needs of open space for individual and population growth, food, water, light or other nutritional requirements, breeding sites, seed germination and dispersal needs, and lack of disturbances are considered.
What section of the Endangered Species Act establishes critical habitat regulations?
Section 4
The provision of the law in Section 4 that establishes critical habitat is a regulatory link between habitat protection and recovery goals, requiring the identification and protection of all lands, water and air necessary to recover endangered species. To determine what exactly is critical habitat, the needs of open space for individual and population growth, food, water, light or other nutritional requirements, breeding sites, seed germination and dispersal needs, and lack of disturbances are considered.
Critical habitat regulation links what two topics?
habitat protection and recovery goals
The provision of the law in Section 4 that establishes critical habitat is a regulatory link between habitat protection and recovery goals, requiring the identification and protection of all lands, water and air necessary to recover endangered species. To determine what exactly is critical habitat, the needs of open space for individual and population growth, food, water, light or other nutritional requirements, breeding sites, seed germination and dispersal needs, and lack of disturbances are considered.
What does critical habitat regulation require?
the identification and protection of all lands, water and air necessary to recover endangered species
The provision of the law in Section 4 that establishes critical habitat is a regulatory link between habitat protection and recovery goals, requiring the identification and protection of all lands, water and air necessary to recover endangered species. To determine what exactly is critical habitat, the needs of open space for individual and population growth, food, water, light or other nutritional requirements, breeding sites, seed germination and dispersal needs, and lack of disturbances are considered.
What is an example of a critical habitat consideration that would apply to plant wildlife?
seed germination and dispersal needs
All 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.
How are non-federal government activities that might impact critical habitat often subject to the Endangered Species Act?
require a federal permit
All 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.
What are some non-regulation actions that critical habitats encourage?
land purchases, grant making, restoration, and establishment of reserves
All 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.
What does the Endangered Species Act detail about government action regarding critical habitats?
federal agencies are prohibited from authorizing, funding or carrying out actions that "destroy or adversely modify" critical habitats
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. 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 NMFS 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.
What is the time limit for designating a species critical habitat after the species has been added to the endangered list?
within one year
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. 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 NMFS 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.
Which presidential adminstration limited the protective status of critical habitat in 1986?
the Reagan Administration
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. 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 NMFS 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.
After the limitations placed on critical habitat were lifted by the courts, where were critical habitats established primarily?
Hawaii, California and other western states
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. 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 NMFS 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.
Where have the majority of critical habitats in the Midwest and Eastern states been located geographically?
primarily on rivers and coastlines
Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) are required to create an Endangered Species 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). 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. 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).
What four topics are required in an Endangered Species Recovery Plan?
goals, tasks required, likely costs, and estimated timeline to recover endangered species
Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) are required to create an Endangered Species 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). 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. 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).
What is the time limit for completing an Endangered Species Recovery Plan?
The ESA does not specify when a recovery plan must be completed.
Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) are required to create an Endangered Species 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). 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. 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).
What Recovery Plan duration the does Fish and Wildlife Service plan for in their policies?
completion within three years
Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) are required to create an Endangered Species 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). 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. 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).
What is the average time of completion of an Endangered Species Recovery Plan?
approximately six years
Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) are required to create an Endangered Species 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). 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. 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).
Which president had the most completed Recovery Plans during their administration?
Clinton (72)
The question to be answered is whether a listed species will be harmed by the action and, if so, how the harm can be minimized. If harm cannot be avoided, the project agency can seek an exemption from the Endangered Species Committee, an ad hoc panel composed of members from the executive branch and at least one appointee from the state where the project is to occur. Five of the seven committee members must vote for the exemption to allow taking (to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or significant habitat modification, or to attempt to engage in any such conduct) of listed species.
What is the primary consideration for determining if projects may be carried out in areas with endangered species?
whether a listed species will be harmed by the action and, if so, how the harm can be minimized
The question to be answered is whether a listed species will be harmed by the action and, if so, how the harm can be minimized. If harm cannot be avoided, the project agency can seek an exemption from the Endangered Species Committee, an ad hoc panel composed of members from the executive branch and at least one appointee from the state where the project is to occur. Five of the seven committee members must vote for the exemption to allow taking (to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or significant habitat modification, or to attempt to engage in any such conduct) of listed species.
If a species may be harmed, who holds final say on whether the project may proceed?
the Endangered Species Committee
The question to be answered is whether a listed species will be harmed by the action and, if so, how the harm can be minimized. If harm cannot be avoided, the project agency can seek an exemption from the Endangered Species Committee, an ad hoc panel composed of members from the executive branch and at least one appointee from the state where the project is to occur. Five of the seven committee members must vote for the exemption to allow taking (to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or significant habitat modification, or to attempt to engage in any such conduct) of listed species.
How many members are on the ad hoc panel that allows project exemptions for cases where a species may harmed?
seven
The question to be answered is whether a listed species will be harmed by the action and, if so, how the harm can be minimized. If harm cannot be avoided, the project agency can seek an exemption from the Endangered Species Committee, an ad hoc panel composed of members from the executive branch and at least one appointee from the state where the project is to occur. Five of the seven committee members must vote for the exemption to allow taking (to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or significant habitat modification, or to attempt to engage in any such conduct) of listed species.
How many votes must be in favor of the exemption in order to award the exemption?
Five
The question to be answered is whether a listed species will be harmed by the action and, if so, how the harm can be minimized. If harm cannot be avoided, the project agency can seek an exemption from the Endangered Species Committee, an ad hoc panel composed of members from the executive branch and at least one appointee from the state where the project is to occur. Five of the seven committee members must vote for the exemption to allow taking (to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or significant habitat modification, or to attempt to engage in any such conduct) of listed species.
What is one specific requirement regarding the make-up of the exmeption panel?
at least one appointee from the state where the project is to occur
Long before the exemption is considered by the Endangered Species Committee, the Forest Service, and either the FWS or the NMFS will have consulted on the biological implications of the timber harvest. The consultation can be informal, to determine if harm may occur; and then formal if the harm is believed to be likely. The questions to be answered in these consultations are whether the species will be harmed, whether the habitat will be harmed and if the action will aid or hinder the recovery of the listed species.
Who reviews exemption considerations before the Endangered Species committee?
the Forest Service, and either the FWS or the NMFS
Long before the exemption is considered by the Endangered Species Committee, the Forest Service, and either the FWS or the NMFS will have consulted on the biological implications of the timber harvest. The consultation can be informal, to determine if harm may occur; and then formal if the harm is believed to be likely. The questions to be answered in these consultations are whether the species will be harmed, whether the habitat will be harmed and if the action will aid or hinder the recovery of the listed species.
During informal consultation, what is the goal?
to determine if harm may occur
Long before the exemption is considered by the Endangered Species Committee, the Forest Service, and either the FWS or the NMFS will have consulted on the biological implications of the timber harvest. The consultation can be informal, to determine if harm may occur; and then formal if the harm is believed to be likely. The questions to be answered in these consultations are whether the species will be harmed, whether the habitat will be harmed and if the action will aid or hinder the recovery of the listed species.
What prompts the need for formal consultation?
if the harm is believed to be likely
Long before the exemption is considered by the Endangered Species Committee, the Forest Service, and either the FWS or the NMFS will have consulted on the biological implications of the timber harvest. The consultation can be informal, to determine if harm may occur; and then formal if the harm is believed to be likely. The questions to be answered in these consultations are whether the species will be harmed, whether the habitat will be harmed and if the action will aid or hinder the recovery of the listed species.
What considerations are weighed during the consultations?
whether the species will be harmed, whether the habitat will be harmed and if the action will aid or hinder the recovery
There have been six instances as of 2009 in which the exemption process was initiated. Of these six, one was granted, one was partially granted, one was denied and three were withdrawn. Donald Baur, in The Endangered Species Act: law, policy, and perspectives, concluded," ... the exemption provision is basically a nonfactor in the administration of the ESA. A major reason, of course, is that so few consultations result in jeopardy opinions, and those that do almost always result in the identification of reasonable and prudent alternatives to avoid jeopardy."
How many times has the exemption process been used, as of 2009?
six
There have been six instances as of 2009 in which the exemption process was initiated. Of these six, one was granted, one was partially granted, one was denied and three were withdrawn. Donald Baur, in The Endangered Species Act: law, policy, and perspectives, concluded," ... the exemption provision is basically a nonfactor in the administration of the ESA. A major reason, of course, is that so few consultations result in jeopardy opinions, and those that do almost always result in the identification of reasonable and prudent alternatives to avoid jeopardy."
What were the results of those exemption petitions?
one was granted, one was partially granted, one was denied and three were withdrawn
There have been six instances as of 2009 in which the exemption process was initiated. Of these six, one was granted, one was partially granted, one was denied and three were withdrawn. Donald Baur, in The Endangered Species Act: law, policy, and perspectives, concluded," ... the exemption provision is basically a nonfactor in the administration of the ESA. A major reason, of course, is that so few consultations result in jeopardy opinions, and those that do almost always result in the identification of reasonable and prudent alternatives to avoid jeopardy."
Why is this exemption provision often considered a nonfactor?
few consultations result in jeopardy opinions
There have been six instances as of 2009 in which the exemption process was initiated. Of these six, one was granted, one was partially granted, one was denied and three were withdrawn. Donald Baur, in The Endangered Species Act: law, policy, and perspectives, concluded," ... the exemption provision is basically a nonfactor in the administration of the ESA. A major reason, of course, is that so few consultations result in jeopardy opinions, and those that do almost always result in the identification of reasonable and prudent alternatives to avoid jeopardy."
How can jeopardy opinions be dissuaded?
in the identification of reasonable and prudent alternatives to avoid jeopardy.
More than half of habitat for listed species is on non-federal property, owned by citizens, states, local governments, tribal governments and private organizations. Before the law was amended in 1982, a listed species could be taken only for scientific or research purposes. The amendment created a permit process to circumvent the take prohibition called a Habitat Conservation Plan or HCP to give incentives to non-federal land managers and private landowners to help protect listed and unlisted species, while allowing economic development that may harm ("take") the species.
Who owns the majority of critical habitat?
non-federal property, owned by citizens, states, local governments, tribal governments and private organizations
More than half of habitat for listed species is on non-federal property, owned by citizens, states, local governments, tribal governments and private organizations. Before the law was amended in 1982, a listed species could be taken only for scientific or research purposes. The amendment created a permit process to circumvent the take prohibition called a Habitat Conservation Plan or HCP to give incentives to non-federal land managers and private landowners to help protect listed and unlisted species, while allowing economic development that may harm ("take") the species.
What program gives incentives to private landowners to protect species on their land?
Habitat Conservation Plan
More than half of habitat for listed species is on non-federal property, owned by citizens, states, local governments, tribal governments and private organizations. Before the law was amended in 1982, a listed species could be taken only for scientific or research purposes. The amendment created a permit process to circumvent the take prohibition called a Habitat Conservation Plan or HCP to give incentives to non-federal land managers and private landowners to help protect listed and unlisted species, while allowing economic development that may harm ("take") the species.
Before the amendment in 1982, under what situations could a listed species be displaced?
only for scientific or research purposes
The person or organization submits a HCP and if approved by the agency (FWS or NMFS), will be issued an Incidental Take Permit (ITP) which allows a certain number of "takes" of the listed species. The permit may be revoked at any time and can allow incidental takes for varying amounts of time. For instance, the San Bruno Habitat Conservation Plan/ Incidental Take Permit is good for 30 years and the Wal-Mart store (in Florida) permit expires after one year. Because the permit is issued by a federal agency to a private party, it is a federal action-which means other federal laws can apply, such as the National Environmental Policy Act or NEPA. A notice of the permit application action is published in the Federal Register and a public comment period of 30 to 90 days begins.
An approved HCP results in what being issued for the species?
an Incidental Take Permit (ITP)
The person or organization submits a HCP and if approved by the agency (FWS or NMFS), will be issued an Incidental Take Permit (ITP) which allows a certain number of "takes" of the listed species. The permit may be revoked at any time and can allow incidental takes for varying amounts of time. For instance, the San Bruno Habitat Conservation Plan/ Incidental Take Permit is good for 30 years and the Wal-Mart store (in Florida) permit expires after one year. Because the permit is issued by a federal agency to a private party, it is a federal action-which means other federal laws can apply, such as the National Environmental Policy Act or NEPA. A notice of the permit application action is published in the Federal Register and a public comment period of 30 to 90 days begins.
How long do ITPs last?
allow incidental takes for varying amounts of time
The person or organization submits a HCP and if approved by the agency (FWS or NMFS), will be issued an Incidental Take Permit (ITP) which allows a certain number of "takes" of the listed species. The permit may be revoked at any time and can allow incidental takes for varying amounts of time. For instance, the San Bruno Habitat Conservation Plan/ Incidental Take Permit is good for 30 years and the Wal-Mart store (in Florida) permit expires after one year. Because the permit is issued by a federal agency to a private party, it is a federal action-which means other federal laws can apply, such as the National Environmental Policy Act or NEPA. A notice of the permit application action is published in the Federal Register and a public comment period of 30 to 90 days begins.
How is the public made aware of ITP applications?
A notice of the permit application action is published in the Federal Register
The person or organization submits a HCP and if approved by the agency (FWS or NMFS), will be issued an Incidental Take Permit (ITP) which allows a certain number of "takes" of the listed species. The permit may be revoked at any time and can allow incidental takes for varying amounts of time. For instance, the San Bruno Habitat Conservation Plan/ Incidental Take Permit is good for 30 years and the Wal-Mart store (in Florida) permit expires after one year. Because the permit is issued by a federal agency to a private party, it is a federal action-which means other federal laws can apply, such as the National Environmental Policy Act or NEPA. A notice of the permit application action is published in the Federal Register and a public comment period of 30 to 90 days begins.
How long does the public have to comment on ITP applications?
30 to 90 days
The US Congress was urged to create the exemption by proponents of a conservation plan on San Bruno Mountain, California that was drafted in the early 1980s and is the first HCP in the nation. In the conference report on the 1982 amendments, Congress specified that it intended the San Bruno plan to act "as a model" for future conservation plans developed under the incidental take exemption provision and that "the adequacy of similar conservation plans should be measured against the San Bruno plan". Congress further noted that the San Bruno plan was based on "an independent exhaustive biological study" and protected at least 87% of the habitat of the listed butterflies that led to the development of the HCP.
What location held the first HCP?
San Bruno Mountain, California
The US Congress was urged to create the exemption by proponents of a conservation plan on San Bruno Mountain, California that was drafted in the early 1980s and is the first HCP in the nation. In the conference report on the 1982 amendments, Congress specified that it intended the San Bruno plan to act "as a model" for future conservation plans developed under the incidental take exemption provision and that "the adequacy of similar conservation plans should be measured against the San Bruno plan". Congress further noted that the San Bruno plan was based on "an independent exhaustive biological study" and protected at least 87% of the habitat of the listed butterflies that led to the development of the HCP.
What percentage of the critical habitat was protected for the area that received the first HCP?
87%
The US Congress was urged to create the exemption by proponents of a conservation plan on San Bruno Mountain, California that was drafted in the early 1980s and is the first HCP in the nation. In the conference report on the 1982 amendments, Congress specified that it intended the San Bruno plan to act "as a model" for future conservation plans developed under the incidental take exemption provision and that "the adequacy of similar conservation plans should be measured against the San Bruno plan". Congress further noted that the San Bruno plan was based on "an independent exhaustive biological study" and protected at least 87% of the habitat of the listed butterflies that led to the development of the HCP.
What type of animal was being protected in the area that received the first HCP?
butterflies
Growing scientific recognition of the role of private lands for endangered species recovery and the landmark 1981 court decision in Palila v. Hawaii Department of Land and Natural Resources both contributed to making Habitat Conservation Plans/ Incidental Take Permits "a major force for wildlife conservation and a major headache to the development community", wrote Robert D.Thornton in the 1991 Environmental Law article, Searching for Consensus and Predictability: Habitat Conservation Planning under the Endangered Species Act of 1973.
What 1981 court decision added to the power of HCPs and ITPs for conservation?
Palila v. Hawaii Department of Land and Natural Resources
Growing scientific recognition of the role of private lands for endangered species recovery and the landmark 1981 court decision in Palila v. Hawaii Department of Land and Natural Resources both contributed to making Habitat Conservation Plans/ Incidental Take Permits "a major force for wildlife conservation and a major headache to the development community", wrote Robert D.Thornton in the 1991 Environmental Law article, Searching for Consensus and Predictability: Habitat Conservation Planning under the Endangered Species Act of 1973.
Who wrote the article "Searching for Consensus and Predictability: Habitat Conservation Planning under the Endangered Species Act of 1973."
Robert D.Thornton
Growing scientific recognition of the role of private lands for endangered species recovery and the landmark 1981 court decision in Palila v. Hawaii Department of Land and Natural Resources both contributed to making Habitat Conservation Plans/ Incidental Take Permits "a major force for wildlife conservation and a major headache to the development community", wrote Robert D.Thornton in the 1991 Environmental Law article, Searching for Consensus and Predictability: Habitat Conservation Planning under the Endangered Species Act of 1973.
What did Thornton compare the scientific and legal advances to, from the viewpoint of the development community?
a major headache
The "No Surprises" rule is meant to protect the landowner if "unforeseen circumstances" occur which make the landowner's efforts to prevent or mitigate harm to the species fall short. The "No Surprises" policy may be the most controversial of the recent reforms of the law, because once an Incidental Take Permit is granted, the Fish and Wildlife Service (FWS) loses much ability to further protect a species if the mitigation measures by the landowner prove insufficient. The landowner or permittee would not be required to set aside additional land or pay more in conservation money. The federal government would have to pay for additional protection measures.
What is the name of the rule that protects the landowner if their conservation efforts fall short?
The "No Surprises" rule
The "No Surprises" rule is meant to protect the landowner if "unforeseen circumstances" occur which make the landowner's efforts to prevent or mitigate harm to the species fall short. The "No Surprises" policy may be the most controversial of the recent reforms of the law, because once an Incidental Take Permit is granted, the Fish and Wildlife Service (FWS) loses much ability to further protect a species if the mitigation measures by the landowner prove insufficient. The landowner or permittee would not be required to set aside additional land or pay more in conservation money. The federal government would have to pay for additional protection measures.
Why is this particular rule so controversial?
the Fish and Wildlife Service (FWS) loses much ability to further protect a species if the mitigation measures by the landowner prove insufficient.
The "No Surprises" rule is meant to protect the landowner if "unforeseen circumstances" occur which make the landowner's efforts to prevent or mitigate harm to the species fall short. The "No Surprises" policy may be the most controversial of the recent reforms of the law, because once an Incidental Take Permit is granted, the Fish and Wildlife Service (FWS) loses much ability to further protect a species if the mitigation measures by the landowner prove insufficient. The landowner or permittee would not be required to set aside additional land or pay more in conservation money. The federal government would have to pay for additional protection measures.
If the landowner fails to adequately protect the species, what penalties do they face with the "No Surprises" rule?
The landowner or permittee would not be required to set aside additional land or pay more in conservation money
The "No Surprises" rule is meant to protect the landowner if "unforeseen circumstances" occur which make the landowner's efforts to prevent or mitigate harm to the species fall short. The "No Surprises" policy may be the most controversial of the recent reforms of the law, because once an Incidental Take Permit is granted, the Fish and Wildlife Service (FWS) loses much ability to further protect a species if the mitigation measures by the landowner prove insufficient. The landowner or permittee would not be required to set aside additional land or pay more in conservation money. The federal government would have to pay for additional protection measures.
Who covers the cost of additional efforts if the ITP holder's efforts fall short?
The federal government would have to pay for additional protection measures