ENDANGERED SPECIES ACT
When Congress passed the Endangered Species Act (ESA) in 1973, it recognized that our rich natural heritage is of “esthetic, ecological, educational, recreational, and scientific value to our Nation and its people.” It further expressed concern that many of our nation’s native plants and animals were in danger of becoming extinct. The purpose or the act is to "conserve the ecosystems upon which endangered and threatened species depend, and to conserve and recover listed species." It is administered by the U.S. Fish and Wildlife Service (FWS) and the Department of Commerce National Marine Fisheries Service (NMFS). The FWS has primary responsibility for terrestrial and freshwater organisms, while the responsibilities of NMFS are mainly marine wildlife such as whales and anadromous fish such as salmon.
Under the ESA, species may be listed as either endangered or threatened. “Endangered” means a species is in danger of extinction throughout all or a significant portion of its range. “Threatened” means a species is likely to become endangered within the foreseeable future. All species of plants and animals, except pest insects, are eligible for listing as endangered or threatened. For the purposes of the ESA, Congress defined species to include subspecies, varieties, and, for vertebrates, distinct population segments.
The ESA prohibits activities that may result in death, injury or harassment of endangered species, or destruction or modification of their habitat. Under the ESA, this is called "take." Penalties for causing “take” of listed species range from warnings, to monetary fines, to jail time for the most egregious violators.
Section 10 of the Endangered Species Act, “Exceptions”, describes Habitat Conservation Plans in section 10(a)(1). Section 10(a)(1)(b) describes Incidental Take Permits (ITP).
HI ENDANGERED SPECIES REGULATIONS
Section 195D-4 of the Hawaii Revised Statutes (HRS) states that all species that are listed under the Federal ESA have the same status at the State level.
§195D-21 Habitat Conservation Plans. (a) The department may enter into a planning process with any landowner for the purpose of preparing and implementing a Habitat Conservation Plan. An agreement may include multiple landowners.
ENDANGERED SPECIES ACT 101 VIDEO
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© 2017 Kauai Nēnē HCP