Endangered Species Act - How it works

Discussion in 'News & Announcements' started by BRICKBURN, Mar 26, 2014.

  1. BRICKBURN

    BRICKBURN SUPER MODERATOR CONTRIBUTOR GOLD BENEFACTOR AH Ambassador

    Joined:
    Aug 5, 2010
    Messages:
    9,262
    Likes Received:
    1,579
    My Photos:
    401
    Member of:
    KZN Hunters Assoc
    Hunted:
    Namibia, South Africa, Botswana, Canada, USA, Mexico
    With the recent discussions about Lions being listed on the Endangered Species List and concerns about it I wanted to find out what was motivating the process.

    Apparently it takes a petition being presented to USFWS.
    I grabbed this explanation of the process from the web site of the instigator of the last petition.

    In that great old democratic fashion anyone can send a petition and just keep on trying.

    How the Endangered Species Act Works

    Published 03/01/11

    The Endangered Species Act (16 U.S.C. ァ1531, et seq.) (ESA) is America's most powerful wildlife conservation and protection law. The ESA is administered by two federal agencies, the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration. Its primary purpose is to conserve endangered and threatened species and their ecosystems.

    The ESA designates a species as 兎ndangered when it 妬s in danger of extinction throughout all or a significant portion of its range. (16 U.S.C. ァ 1532(6)). A species may be endangered by the existence of any of five factors: the present or threatened destruction, modification or curtailment of its habitat or range; overutilization for commercial, recreational, scientific or educational purposes; disease or predation; inadequacy of existing regulatory mechanisms; or other natural or manmade factors affecting its existence.

    The ESA requires that all determinations relating to whether a species is affected by any of the five listing factors to be made 都olely on the basis of the best scientific and commercial data available. (16 U.S.C. ァ 1533(b)(1)(A)). Determinations must éak[e] into account those efforts, if any, being made by any state or foreign nation to protect such species by protection of habitat and food supply, or by any other conservation practice within any area under its jurisdiction. (16 U.S.C. ァ 1533(b)(1)(A)).

    When a foreign species is listed as endangered, protection under the ESA occurs by prohibiting imports unless they enhance the propagation or survival of the species or are for scientific purposes. (16 U.S.C. ァ 1533(b)(1)(A)). Furthermore, Section 8 of the ESA provides for 妬nternational cooperation in the conservation of foreign, listed species, and listing a foreign species heightens global awareness about the importance of conserving the species.

    After a petition is filed, the U.S. Department of the Interior has 90 days to determine whether there is 都ubstantial scientific or commercial information indicating that an endangered listing may be warranted. (16 U.S.C. ァ 1533(b)(3)(A)).

    Within a year of receiving the petition, the department must determine whether listing is warranted. (16 U.S.C. ァ 1533(b)(3)(B)). If listing is warranted, the department will publish in the Federal Register a proposed rule to list the species under the ESA and request public comments on the rule. The department will consider these comments and, within another year, make a final decision on whether to list the species under the ESA. (16 U.S.C. ァ 1533(b)(6)(A)).


    How the Endangered Species Act Works
     
  2. bashaw

    bashaw AH Senior Member

    Joined:
    Nov 29, 2009
    Messages:
    59
    Likes Received:
    1
    My Photos:
    8
    Member of:
    SCI, NRA,Oregon Hunters Assoc.
    Hunted:
    USA, Zimbabwe, Australia & Mozambique
    Is probably the worst law on the books it has been used by the enviro's for years as a way to stop capitalism. In the Pacific Northwest instead having family wage jobs in the woods or mill the Spotted Owl debacle has turned logging and mill towns into Meth labs. The Sage Grouse will be the end for public range grazing, in the 60's & 70's before ESA there were plenty of Sage Grouse and lots of grazing going on less predators then also. The problem is the enviros protecting predators now, = less Sage Grouse. I could go on & on protect Sea Lions = less Salmon. Science not emotion
     
  3. Diamondhitch

    Diamondhitch AH Legend

    Joined:
    May 2, 2011
    Messages:
    2,843
    Likes Received:
    392
    My Photos:
    75
    Member of:
    SCI
    Hunted:
    Canada (AB, SK, NWT, BC) USA (NM, TX) South Africa (Limpopo, KZN, Free State, Eastern Cape, Northen Cape), Kyrgyzstan, Czech Republic
    Replace the words "scientific data" with "pseudo-scientific conjecture" and we have a winner.
     
  4. Warbird782

    Warbird782 SILVER SUPPORTER AH Enthusiast

    Joined:
    Mar 9, 2013
    Messages:
    321
    Likes Received:
    388
    My Photos:
    12
    Member of:
    NRA, SCI
    Hunted:
    EC and NW Province RSA, USA
    Where is the lion in this process? I am going next year providing they are not listed by then.
     
  5. BRICKBURN

    BRICKBURN SUPER MODERATOR CONTRIBUTOR GOLD BENEFACTOR AH Ambassador

    Joined:
    Aug 5, 2010
    Messages:
    9,262
    Likes Received:
    1,579
    My Photos:
    401
    Member of:
    KZN Hunters Assoc
    Hunted:
    Namibia, South Africa, Botswana, Canada, USA, Mexico
    Recent history.


    U.S. U.S. Fish and Wildlife Service Initiates Review of African Lion
    Under the Endangered Species Act

    The U.S. Fish and Wildlife Service today announced it is opening a 60-day public comment period and initiating a review of the African lion's status in order to determine whether the lion (Panthera leo leo) requires protection under the Endangered Species Act (ESA). The Service is initiating this review after receiving a petition requesting ESA protection for the African lion. The Asiatic lion was listed as an endangered species in 1970, but the African lion is not currently protected under the ESA.

    In March 2011, the Service received a petition from the International Fund for Animal Welfare, Humane Society of the United States, Humane Society International, Born Free Foundation/Born Free USA, Defenders of Wildlife and Fund for Animals, requesting the African lion be added to the Federal List of Endangered and Threatened Wildlife. Species may be considered for protection under the ESA regardless of whether they are native to the United States.

    The Service's initial petition finding does not mean that the species will be listed, or that the Service believes it should be listed. It merely triggers a status review that will be based on the best available scientific and commercial information. To ensure this status review is comprehensive, the Service is soliciting scientific and commercial data and other information regarding the African lion from the public, range country governmental agencies, the scientific community, industry, and any other interested parties.

    The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is also conducting a review of the African lion. CITES is a multinational agreement through which countries work together to ensure that international trade in CITES-listed species is legal and not detrimental to the survival of the species in the wild. The United States is one of the 176 countries that are signatories to the Convention. The status review conducted under the ESA will include the results of the CITES review to ensure the most current scientific information is considered.

    The African lion is listed in Appendix II of CITES, which includes species that are currently not threatened with extinction, but may become so without trade controls. A species may be listed under CITES or the ESA or both.

    If ESA protection is found to be warranted, the Service will develop a listing proposal that will be subject to additional review and comment by scientific peer reviewers and the public before a final listing determination is made. Addition of a foreign species to the Federal List of Endangered and Threatened Wildlife is designed to ensure that United States citizens and others under the jurisdiction of the United States do not contribute to the further decline of that species in its native habitat. Federal regulations require anyone seeking to import or conduct interstate or international trade or transport of a listed species or its parts to obtain a permit from the Service.

    Although the ESA's protections for listed species apply only to people subject to the jurisdiction of the United States, ESA listing can generate additional conservation benefits in the species' native countries, such as increased awareness of listed species, research efforts to address conservation needs, or funding for conservation of the species in its range countries. The ESA also provides for limited financial assistance to develop and manage programs to conserve listed species in foreign countries, encourages conservation programs for such species, and allows for assistance for programs, such as personnel and training.

    The ESA provides a critical safety net for fish, wildlife and plants and to date has prevented the extinction of hundreds of imperiled species, as well as promoting the recovery of many others. The Service is actively engaged with conservation partners and the public in the search for improved and innovative ways to conserve and recover imperiled species. To learn more about the Endangered Species program's Branch of Foreign Species, visit: Endangered Species | What We Do | Foreign Species | Overview.

    Written comments and information concerning this finding can be submitted by one of the following methods:

    Federal eRulemaking Portal: Regulations.gov. Follow the instructions for submitting comments to Docket No. [FWS-R9-ES-2012-0025]; or
    U.S. mail or hand-delivery: Public Comments Processing, Attn: [FWS-R9-ES-2012-0025]; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 2042-PDM; Arlington, VA 22203.


    Comments must be received within 60 days, on or before January 28, 2013. The Service will post all comments on Regulations.gov. This generally means the agency will post any personal information provided through the process. The petition and all supporting documents submitted with the petition will also be posted. The Service is not able to accept email or faxes.




    The mission of the U.S. Fish and Wildlife Service is working with others to conserve, protect and enhance fish, wildlife, plants and their habitats for the continuing benefit of the American people. We are both a leader and trusted partner in fish and wildlife conservation, known for our scientific excellence, stewardship of lands and natural resources, dedicated professionals and commitment to public service. For more information on our work and the people who make it happen, visit Fish and Wildlife Service. Connect with our Facebook page at www.facebook.com/usfws, follow us on Twitter at www.twitter.com/usfwshq, watch our YouTube Channel at USFWS - YouTube and download photos from our Flickr page at Flickr: USFWS Headquarters' Photostream.





    Endangered Species Program | What We Do | Foreign Species | Overview
     
    Last edited: Mar 27, 2014
  6. Hartzview Hunting Safaris

    Hartzview Hunting Safaris SPONSOR AH Fanatic

    Joined:
    Feb 11, 2010
    Messages:
    578
    Likes Received:
    80
    My Photos:
    102
    Member of:
    SCI, PHASA, DSC, NRA
    Hunted:
    South Africa, Namibia, Botswana, Zimbabwe, Mozambique
    It will be discussed at the next CITES meeting being held in 2016 if the lion should be moved to appendix I by CITES themselves.

    Correct me if I am wrong but For the US they can decide if they want to allow the import of lion or not so should USFWS decide not to close imports we will be okay for at least a couple of years depending on what comes out of the CITES meeting in 2016.

    But I think you will be fine, just make sure all permits and paper work is 110% correct so you can get your trophy out asap after your safari.

    Best regards,

    Jacques
     
  7. BRICKBURN

    BRICKBURN SUPER MODERATOR CONTRIBUTOR GOLD BENEFACTOR AH Ambassador

    Joined:
    Aug 5, 2010
    Messages:
    9,262
    Likes Received:
    1,579
    My Photos:
    401
    Member of:
    KZN Hunters Assoc
    Hunted:
    Namibia, South Africa, Botswana, Canada, USA, Mexico
    There were 384,054 Comments received on their website on this subject.

    This was the result of the initial petition.

    Finding
    On the basis of our review under section 4(b)(3)(A) of the Act, we determine that the petition presents substantial scientific or commercial information indicating that listing the African lion as endangered throughout its range may be warranted. This finding is based on information provided under the present or threatened destruction, modification, or curtailment of its habitat or range (Factor A); overutilization for commercial, recreational, scientific, or educational purposes (Factor B); disease (Factor C); the inadequacy of existing regulatory mechanisms (Factor D); and other natural or manmade factors affecting the subspecies' continued existence (Factor E).
    The petition does not present substantial information to indicate that listing the African lion may be warranted due to predation, nor do we have information in our files suggesting that predation to African lions impacts the subspecies. The African lion's range spans approximately 30 countries and the factors affecting this species are complex and interrelated. The petition asserts that the subspecies no longer exists in 78 percent of its historic distribution (Bauer et al. 2008). Although there is insufficient information in the petition to substantiate that lions may warrant listing as endangered due to compromised genetic viability, we will evaluate this factor in conjunction with other potential threats during the status review. Because we have found that the petition presents substantial information indicating that listing the African lion may be warranted, we are initiating a status review to determine whether listing the African lion under the Act as endangered is warranted.
    The substantial information standard for a 90-day finding differs from the Act's best scientific and commercial data standard that applies to a status review to determine whether a petitioned action is warranted. A 90-day finding does not constitute a status review under the Act. In a 12-month finding, we will determine whether a petitioned action is warranted after we have completed a thorough status review of the species, which is conducted following a substantial 90-day finding. Because the Act's standards for 90-day and 12-month findings are different, as described above, a substantial 90-day finding does not mean that the 12-month finding will result in a warranted finding.



    Endangered Species Program | What We Do | Foreign Species | Overview


    There is a big difference in standards for the different reviews.
    Here's hoping they apply some science.
     
  8. Jkimura

    Jkimura New Member

    Joined:
    Jun 23, 2013
    Messages:
    7
    Likes Received:
    1
    Any ideas on how this will play out for people that have safaris scheduled in 2014? Is it a toss of he coin if we will be able to bring trophies home?
     
  9. Wheels

    Wheels AH Legend

    Joined:
    Dec 23, 2012
    Messages:
    2,074
    Likes Received:
    668
    My Photos:
    45
    Hunted:
    Botswana, Namibia, South Africa, Tanzania, Zimbabwe
    What kind of trophies are you talking about?
     
  10. BRICKBURN

    BRICKBURN SUPER MODERATOR CONTRIBUTOR GOLD BENEFACTOR AH Ambassador

    Joined:
    Aug 5, 2010
    Messages:
    9,262
    Likes Received:
    1,579
    My Photos:
    401
    Member of:
    KZN Hunters Assoc
    Hunted:
    Namibia, South Africa, Botswana, Canada, USA, Mexico
    Species and origin matter to the question you are asking.

    Wheels won the lottery. Depths of despair to elation in a couple weeks, all due to arbitrary retroactive rulings on Elephant.

    Lions are ok to import to the US currently. Anyone concerned at all should address their desires sooner than later.

    With the current USFWS it is always a crap shoot, certainly after this last knee jerk announcement.
     
  11. enysse

    enysse AH Ambassador

    Joined:
    Jan 20, 2009
    Messages:
    6,812
    Likes Received:
    538
    My Photos:
    32
    Member of:
    Northeast Wisconsin SCI chapter, Lifetime member of NRA,RMEF
    Hunted:
    Namibia, South Africa (East Cape, Guateng and Limpopo)
    I would go ahead on the lion hunt this year. Just don't take forever to export the animal.
     
  12. Warbird782

    Warbird782 SILVER SUPPORTER AH Enthusiast

    Joined:
    Mar 9, 2013
    Messages:
    321
    Likes Received:
    388
    My Photos:
    12
    Member of:
    NRA, SCI
    Hunted:
    EC and NW Province RSA, USA
    Has anyone heard anything regarding if the USFWS will ban the importation of lions before the 2016 CITES meeting?
     
  13. Hartzview Hunting Safaris

    Hartzview Hunting Safaris SPONSOR AH Fanatic

    Joined:
    Feb 11, 2010
    Messages:
    578
    Likes Received:
    80
    My Photos:
    102
    Member of:
    SCI, PHASA, DSC, NRA
    Hunted:
    South Africa, Namibia, Botswana, Zimbabwe, Mozambique
    I have not received any news at all yet.....
     

Share This Page