What does Section 9 of the ESA do?
In general, Section 9 of the ESA prohibits persons from importing, exporting, transporting, or selling endangered species of fish, wildlife, and plants in interstate or foreign commerce. It is also illegal to “take” an endangered fish or wildlife species or possess taken species.
Why is Section 9 so important in the implementation of the Endangered Species Act?
Section 9 is arguably the most powerful provision of the ESA, as it prohibits all persons and agencies from taking (generally speaking, to harm or kill) threatened and endangered species, without exception. It’s section 7, not section 9, that gives FWS ‘coercive power’ over other federal agencies.
Does the Endangered Species Act protect landowners?
Yes. The ESA does not protect plants unless there is a Federal nexus. Therefore, activities on private lands that do not have Federal involvement are not impacted. The ESA prohibits all activities that would take an animal species listed as endangered, unless exempted or permitted by the FWS.
What is a federal nexus?
A project has a federal nexus when a federal agency must take an action on a project. Before the federal agency takes an action environmental impacts must be evaluated under NEPA. Common actions that create a Federal Nexus include: Federal money is used on the project. Federal permits or approvals are required.
What federal agency is responsible for the ESA?
The purpose of the ESA is to protect and recover imperiled species and the ecosystems upon which they depend. It is administered by the U.S. Fish and Wildlife Service (Service) and the Commerce Department’s National Marine Fisheries Service (NMFS).
Who is in charge of enforcing the ESA?
The ESA is enforced by the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Services (NMFS). In the Act, “Secretary” refers to the Secretary of Commerce, acting through the NMFS for marine species listed in 50 C.F.R.
What happens if you find an endangered species on your property?
If you think there might be an endangered species on your land, your first step is to contact your state fish and wildlife agency or the U.S. Fish and Wildlife Service. Very often, by working at a certain time of year or making other project modifications, development projects proceed without a hitch.
Which section of the Endangered Species Act prohibits take on privately owned lands?
Section 9 Prohibitions; Section 10 Permits Chief among these is Section 9, prohibiting certain acts in connection with endangered animals and plants. 13 Section 9’s prohibitions apply to both private and public land, and apply regardless of whether critical habitat has been designated.
What was the Endangered Species Act of 1973?
The Endangered Species Act of 1973 provides a framework to conserve and protect endangered and threatened species and their habitats both domestically and abroad. Section 2. Findings, Purposes, and Policy
What does critical habitat mean in the Endangered Species Act?
(5) (A) The term “critical habitat” for a threatened or endangered species means— (ii) specific areas outside the geographical area occupied by the species at the time it is listed in accordance with the provisions of section 4 of this Act, upon a determination by the Secretary that such areas are essential for the conservation of the species.
Who is responsible for enforcement of the Endangered Species Act?
For the purpose of facilitating enforcement of this Act and reducing the costs thereof, the Secretary of the Interior, with approval of the Secretary of the Treasury and after notice and opportunity for public hearing, may, by regulation, designate ports and change such designations.
What does it mean to be an endangered species?
(6) The term “endangered species” means any species which is in danger of extinction throughout all or a significant portion of its range other than a species of the Class Insecta determined by the Secretary to constitute a pest whose protection under the provisions of this Act would present an overwhelming and overriding risk to man.