THE ENDANGERED SPECIES ACT of 1973 Cornell Scientific Inquiry Partnership Cornell University.

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Presentation transcript:

THE ENDANGERED SPECIES ACT of 1973 Cornell Scientific Inquiry Partnership Cornell University

AMERICAN BUFFALO (BISON) Steve Maslowski, US Fish & Wildlife Service

Jesse Achtenberg, US Fish & Wildlife Service

Population in 1800: Million

George Catlin, Catlin and His Indian Guide Approaching Buffalo under White Wolf Skins,

Alfred Jacob Miller, Driving Herds of Buffalo over a Precipice, 1867 Joselyn Art Museum

L.A. Huffman, 1877

ca. 1873National Archives

ALMOST EXTINCT BY 1878

PASSENGER PIGEON

POPULATION AT ITS PEAK: 2-5 BILLION

PASSENGER PIGEON EXTINCTION: September 1, 1914, at 1pm

MIGRATORY BIRDS

LEGISLATION BEFORE Lacey Act: Migratory Bird Conservation Act: Bald Eagle Protection Act: Endangered Species Legislation: 1966 & 1969

THE ENDANGERED SPECIES ACT of 1973

PURPOSES: 1.To protect the ecosystems upon which endangered species depend

THE ENDANGERED SPECIES ACT of 1973 PURPOSES: 1.To protect the ecosystems upon which endangered species depend 2.To preserve and recover endangered species

ESA: MECHANISMS 1.LISTING ENDANGERED SPECIES 2.LAND OWNERSHIP 3.COOPERATION & FUNDING 4.REGULATIONS

1. LISTING ENGANGERD SPECIES Section 4 - The Secretary of the Interior lists species determined to be endangered or threatened on the basis of the best available science.

1. LISTING ENGANGERD SPECIES Section 4 - The Secretary of the Interior lists species determined to be endangered or threatened on the basis of the best available science. - The Secretary of the Interior designates areas of critical habitat for listed species.

2. LAND OWNERSHIP Section 5 -Authorizes the federal government to purchase land critical for endangered species -The Power of Eminent Domain

3. COOPERATION & FUNDING Section 6 - Authorizes cooperative agreements with states, which administer their own endangered species programs

3. COOPERATION & FUNDING Section 6 - Authorizes cooperative agreements with states, which administer their own endangered species programs - Authorizes funding for state and private programs that protect endangered species

4. REGULATIONS Section 7 - Requires that all actions taken or funded by federal agencies protect endangered species

4. REGULATIONS Section 9 - Makes it unlawful for anyone to “take” endangered species (“The term ‘take’ means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect.”)

4. REGULATIONS Section 11 - Authorizes civil & criminal penalties for violating the Act

LEGAL QUESTIONS 1.The Value/Cost of endangered species -TVA v. Hill 437 U.S. 153 (1978)

TVA v. Hill (1978)

LEGAL QUESTIONS 1.The Value/Cost of endangered species -TVA v. Hill 437 U.S. 153 (1978) 2.The meaning of the term ‘take’ -Babbitt, Secretary of the Interior v. Sweet Home Chapter of Communities for a Greater Oregon 515 U.S. 687 (1995)

Babbitt v. Sweet Home (1995) J&K Hollingsworth USFWS photo J Brende

ENDANGERED/THREATENED SPECIES IN NEW YORK ANIMALS Indiana BatBlue Karner Butterfly Bald EaglePiping Plover Green Sea TurtleEastern Puma (Cougar) Chittenango SnailShortnose Sturgeon Roseate TernBog Turtle Dwarf WedgemusselFinback Whale Humpback WhaleRight Whale Eastern Grey WolfKemp’s Ridley Sea Turtle Leatherback Sea TurtleLoggerhead Sea Turtle

ENDANGERED/THREATENED SPECIES IN NEW YORK PLANTS Northern Wild Monkshood Sandplain Gerardia Seabeach Amaranth Leedy’s Roseroot American Hart’s-Tonge Fern Houghton’s Goldenrod

Nick Seifert