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(US) Endangered Species Act: 

(US) Endangered Species Act 1973

Endangered Species Act: 

Endangered Species Act Stated purpose: protect species, and "the ecosystems upon which they depend." Plants and invertebrates as well as vertebrates. Not fungi (considered plants in 1973) Prohibits federal agencies from authorizing, funding or carrying out actions which may "jeopardize the continued existence of" endangered or threatened species (Section 7(a) (2)) Prohibits any government agency, corporation, or citizen from taking (i.e. harming, harassing, or killing) endangered animals without a permit. Once a species is listed as threatened or endangered, the ESA requires "critical habitat" be designated for that species, including areas necessary to recover the species (“recovery areas”) (Section 3(5) (A)) Federal agencies are forbidden from authorizing, funding, or carrying out any action which "destroys or adversely modifies" critical habitat (Section 7(a) Administered by two federal agencies, USFWS and NOAA Outside parties can sue, if not obeyed

Endangered Species Theory: 

Endangered Species Theory Old: Minimum viable population problem: (results in ESA) New: Ecosystem effects and MVP: Difficulty in getting “control” (results in Habitat Management Plans) Habitat Management Plans: Permissible developments, mortality, non-essential populations, (result in arguably weakening protection) Meanwhile in science: island biogeography theory is increasingly applied to species “island populations” Combination of this and (arguably) weakening species protection under ESA leads to consideration of wilderness or other designation for “corridors and connectivity”

Endangered Species Act: 

Endangered Species Act A species must be listed if it is threatened or endangered due to any of the following five factors: * 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; and * other natural or manmade factors affecting its continued existence.

Minimum Viable Population definition: 

Minimum Viable Population definition The smallest isolated population having a good chance of surviving for a given number of years despite the foreseeable effects of demographic, environmental, and genetic events and natural catastrophes. (The probability of persistence and the time of persistence are often taken to be 99 percent and 1000 years, respectively.)

Island Population: 

Island Population Sufficient genetic variation How much is enough?

Hardy_Weinberg Equilibrium: 

Hardy_Weinberg Equilibrium p2 (AA) + 2pq (Aa) + q2 (aa) = 1

Hardy-Weinberg Equilibrium: 

Hardy-Weinberg Equilibrium A. Assumptions large population - to insure no sampling error from one generation to the next random mating - no assortive mating or mating by genotype no mutations - or mutational equilbrium even new mutations have little effect on allele frequencies from one generation to the next no migration between populations no selection - all genotypes reproduce with equal success B. Basic Relations 1. two alleles at a gene - A and a 2. frequency of the A allele = p 3. frequency of the a allele = q 4. p + q = 1 5. 1 - q = p

Old system: 

Old system Recovery zones Intrusive rules “Takings” Heavy economic impact: eg: spotted owl, grizzly bear

New System: 

New System Habitat management plans Cost benefit analysis : WTP Insertion of OMB, CBO “Nonessential” species, populations

Non-Essential?: 

Non-Essential? Livestock Depredation and Management In the Northwest Montana wolf recovery area, wolves are currently classified as endangered, and management activities are more restricted than in the experimental nonessential (Yellowstone and Central Idaho) recovery areas. The use of nonlethal ammunition and hazing is restricted to agency personnel, and lethal take permits cannot be issued to livestock owners. Under the nationwide wolf reclassification proposal expected to take effect in early 2003, wolves in NWMT would be classified as threatened, and management would be similar to that in the other two recovery areas. USFWS

Slide12: 

USFWS Who’s calling who non-essential, buddy?

Alternatives: Corridors and Cores: 

Alternatives: Corridors and Cores The ideal: Expand park and wilderness areas to include adjacent old growth, roadless areas, and ecological areas. Size depending on context may range from 10,000 acres to 25 million acres, but bigger is better. It should be roadless, existing roads should be closed. Human access greatly reduced or eliminated all together: "Many ecologists (myself included) would just as soon see huge areas of land kept off limits to human activities of any kind." --Noss, WWF Discussion Paper, pg 12

Buffers: 

Buffers * Inner Zones: * Low road density (no more than .5 mi/sq.mi., and low intensity use * Non-consumptive recreation (hiking, cross-country skiing, bird watching) * Primitive camping * Wilderness * Outer Zones: * Road density 1 mi./sq.mi. * Heavier recreational use (no off-road vehicles) * Hunting and fishing

Successful Cases: 

Successful Cases Bald Eagle (increased from 417 to 9,250 pairs between 1963 and 2006) Whooping Crane (increased from 54 to 436 birds between 1967 and 2003) Kirtland's Warbler (increased from 210 to 1,415 pairs between 1971 and 2005) Peregrine Falcon (increased from 324 to 1,700 pairs between 1975 and 2000) Gray Wolf (populations increased dramatically in the Northern Rockies, Southwest, and Great Lakes) Gray Whale (increased from 13,095 to 26,635 whales between 1968 and 1998) Grizzly bear (increased from about 271 to over 580 bears in the Yellowstone area between 1975 and 2005) California Southern Sea Otter (increased from 1,789 in 1976 to 2,735 in 2005) San Clemente Indian Paintbrush (increased from 500 plants in 1979 to more than 3,500 in 1997) Florida's Red Wolf (increased from 17 in 1980 to 257 in 2003) Florida's Key Deer (increased from 200 in 1971 to 750 in 2001) Big Bend Gambusia (increased from for a couple dozen to a population of over 50,000) Hawaiian Goose (increased from 400 birds in 1980 to 1,275 in 2003) Virginia Big-Eared Bat (increased from 3,500 in 1979 to 18,442 in 2004) Source: wikipedia

Cases in detail: 

Cases in detail Grizzly bear Atlantic Salmon

Grizzly Bear (Ursus arctos): 

Grizzly Bear (Ursus arctos)

Grizzly Bear MVP: 

Grizzly Bear MVP 200-250 grizzly bears reserve ranging from 9,000-18,000 square kilometers

Slide20: 

Copyright by: Center for Wildlife Information.
P.O. Box 8289, Missoula, Montana 59807

Slide21: 

Slide:NRDC

Slide23: 

Cabont Mountains Wilderness, Kootenai NF

Roads and BearsFrom: The Ecological Effects of Roads (Reed Noss): 

Roads and Bears From: The Ecological Effects of Roads (Reed Noss) Grizzly Bears also may be displaced by roads. In British Columbia, Grizzlies were found to avoid areas within 1/2 mile of roads. A study in the Cabinet Mountains of northwestern Montana determined that the mean distance of Grizzly radio-telemetry signals from open roads (2467 m) was significantly greater than the mean distance from closed roads (740 m). Other studies have found that Grizzlies avoid areas near roads, especially by day, even when preferred habitat and forage are located there. This is particularly alarming, because in Yellowstone National Park, which has the second largest Grizzly population in the lower 48, roads and developments are situated in the most productive Grizzly Bear habitat Natural movements of Grizzly Bears may also be deflected by roads, as Chuck Jonkel has documented in Montana. In other cases, however, Grizzlies may use roads as travelways, particularly when they find off-road travel difficult due to dense brush or logging slash. Grizzlies have also learned to exploit the hastened growth of forage plants near roads in spring. Similarly, the abundance of soft mast such as Pokeberry and Blackberry along road edges attracts Appalachian Black Bears in summer. Any advantages associated with roads for either bear species are outweighed by the increase in sometimes fatal (usually for the bear, unfortunately) encounters with humans.

Grizzly Bear: Obvious case for a corridor-based proposal: 

Grizzly Bear: Obvious case for a corridor-based proposal NREPA Northern Rockies Ecosystem Protection Act

ESA Case 2: Maine Salmon: 

ESA Case 2: Maine Salmon Typical in some respects, not in others Was heavily managed prior to listing-atypical. (Most species have not been managed) Listing involved questions of genetic “purity” - a common issue Cultural/local history as economic species

Prior to 1990s: 

Prior to 1990s Managed by the state as a sport/economic fish Hatchery populations reared to boost numbers Salmon “clubs”

“Small” 8lb salmon: 

“Small” 8lb salmon "Alewives, also called herring, and shad were the predominant fish to be caught, but some salmon were to be had. The Sebasticook River had fewer salmon in comparison to the Kennebec River. This situation may have been caused by the lack of adequate spawning grounds. In any case, they were not in sufficient quantity to be important commercially, but some of them must have been of good size. Isaiah Brown, who had a store at what is now Benton Station, credited Joseph Proctor for a salmon caught in 1807. Brown wrote in his ledger, "one small salmon, Wt. 7 1/2 lb. at 5 cents per lb., 38 cents.” Excerpted from: Carleton Edward Fisher. 1970. History of Clinton, Maine. Kennebec Journal Press. Augusta, Maine.

Slide30: 

Used with permission, Maine Atlantic Salmon Commission

1991 “Designation as Category 2”: 

1991 “Designation as Category 2” “In 1991, the FWS designated Atlantic salmon in five rivers in Downeast Maine (the Narraguagus, Pleasant, Machias, East Machias and Dennys Rivers) as Category 2 candidate species under the ESA” (56 FR 58804, November 21, 1991).

1991 “Designation as Category 2”: 

1991 “Designation as Category 2” “This designation simply indicated that the FWS had determined that listing was possibly appropriate but that further biological information was needed to support a proposed rule to list the species. The FWS then began working more vigorously with the NMFS as well as with the State of Maine and private agencies to reverse the decline in salmon abundance. During that same period, the NMFS was conducting an exhaustive 5-year study of the Narraguagus River, demonstrating that spawning and nursery habitat appeared suitable and should produce more fish given adequate escapement levels.” (56 FR 58804, November 21, 1991)

“Petitions for Listing”: 

“Petitions for Listing” Filed by environmental groups and other non-profits 1993 Source: USFWS: Final Endangered Status for a DPS of Anadromous Atlantic Salmon in the Gulf of Maine

1995 “Status Review”: 

1995 “Status Review” "A biological report released jointly by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service confirms that wild Atlantic salmon are in danger of extinction despite considerable efforts to ensure their survival.…” Source: USFWS: Final Endangered Status for a DPS of Anadromous Atlantic Salmon in the Gulf of Maine

“Distinct Population Segment”: 

“Distinct Population Segment” “ The Services completed a status review of the species in January 1995 and concluded that the available biological evidence indicated that the species described in the petition, that is, Atlantic salmon throughout its range in the United States, did not meet the definition of “species” under the ESA.” Source: USFWS: Final Endangered Status for a DPS of Anadromous Atlantic Salmon in the Gulf of Maine

“Three DPS’s”: 

“Three DPS’s” Long Island Sound Central New England Gulf of Maine Source: USFWS: Final Endangered Status for a DPS of Anadromous Atlantic Salmon in the Gulf of Maine

“DPS”: 

“DPS” “Discrete” population segment How discrete? “Significance” to “species” “Conservation” status Source: USFWS: Final Endangered Status for a DPS of Anadromous Atlantic Salmon in the Gulf of Maine

Slide38: 

MAINE TAKES LEAD FOR ATLANTIC SALMON PROTECTION Federal Agencies Withdraw Endangered Species Proposal NOAA 97-R190 Dec 15th, 1999 The National Marine Fisheries Service and the U.S. Fish and Wildlife Service announced today that they are withdrawing a proposal to protect Atlantic salmon in seven Maine rivers under the federal Endangered Species Act. Instead, the fish will be protected by a cooperative recovery effort spearheaded by the State of Maine. Officials emphasized that the recovery of Atlantic salmon stocks depends on full implementation and monitoring of Maine's newly developed Atlantic Salmon Conservation Plan. "We are unlocking the full potential of rivers in Maine and opening a new chapter in conservation history," said Secretary of the Interior Bruce Babbitt. "The Governor showed great leadership in forging this collaboration, which will enhance the ecology and economy of the state for years to come. These seven rivers will continue to attract more anglers, boaters and other sportsmen who will help grow and sustain new jobs and revenue as the rivers continue to stand as a model for the nation."

Saco River Salmon Club: 

Saco River Salmon Club Saco River Hatchery Virtual Tour

“Proposed Rule”: 

“Proposed Rule” Proposed Listing Entered in Federal Register Must be “finalized” Source: USFWS: Final Endangered Status for a DPS of Anadromous Atlantic Salmon in the Gulf of Maine

Former Governor King testifies against listing…: 

Former Governor King testifies against listing… “There is no one in this room, who does not want to see Atlantic salmon return in large numbers to Maine rivers, all Maine rivers, from the Androscoggin where I live, to the Kennebec where I work , through the Penobscot and into the downeast rivers and into the St Croix. The question is whether a listing is appropriate under the law and would help. Let me begin with the law. As you go back, as you well know, the Endangered Species Act was first passed in 1973. It talked only in terms of "species". There is no question I hope in this room tonight, that the "species" ,Atlantic Salmon, is neither endangered nor threatened. There are millions of atlantic salmon ranging from the north Atlantic in Europe all the way through Canada to the United States.”

Former Governor King testifies…: 

Former Governor King testifies… Why NOT list? I just gave you one reason. If you list, you're going to lose the extraordinary level of cooperation from private citizens, volunteers, yes: businesses, landowners, riparian landowners, that has marked the beginning of the Plan , Why do we NOT want you to list? We're concerned principally about two dangers. One is regulation. The other is... private....citizen.. lawsuits.

Former Governor King testifies…: 

Former Governor King testifies… “In 1979 the Act was amended to add the concept of the Distinct Population Segment. And that is, an isolated part of a species, that may have some evolutionary significance and therefore is entitled to protection: the extraordinary protections under this Act. Congress when they passed this section noted that it was subject to abuse, it was subject to being applied in too many situations. And therefore they used the language: "this section should only be used sparingly and based upon only solid biological evidence.””

“Gulf of Maine”: 

“Gulf of Maine” Kennebec below Edwards Dam to St Croix Populations to south extirpated, (never to be recovered?) Early and Late Run Hatchery fish included, but not counted towards de-listing until they have spawned Source: USFWS: Final Endangered Status for a DPS of Anadromous Atlantic Salmon in the Gulf of Maine

“Gulf of Maine”: 

“Gulf of Maine” Eight rivers Dennys, East Machias, Machias, Pleasnat, Narraguagus, Ducktrap, Sheepscot, and Cove Brook Source: USFWS: Final Endangered Status for a DPS of Anadromous Atlantic Salmon in the Gulf of Maine

Separate population?: 

Separate population? Indicators: Straying from natal river? Re-colonization rates Genetic differences Source: USFWS: Final Endangered Status for a DPS of Anadromous Atlantic Salmon in the Gulf of Maine Demonstrably “separate?” What about Canada?

Hatchery fish?: 

Hatchery fish? “…has had some influence” “…not substantially introgressed with the remnant populations” “…important genetic legacy” Source: USFWS: Final Endangered Status for a DPS of Anadromous Atlantic Salmon in the Gulf of Maine

Slide48: 

AGENCIES: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce; Fish and Wildlife Service (FWS), Interior. ACTION: Proposed Rule, notice of public hearing. SUMMARY: NMFS and FWS (the Services) have completed a status review of U.S. Atlantic salmon populations and have determined that a distinct population segment (DPS) of Atlantic salmon in the Gulf of Maine is in danger of extinction. The Services have reviewed the status of the species and the efforts being made to protect the species and are proposing to place the Gulf of Maine DPS of Atlantic salmon on the list of endangered species under the Endangered Species Act of 1973, as amended (ESA). The Services have determined that the species' status has declined since the December 1997 determination that listing was not warranted. Specifically, documented adult returns have remained low despite projections of increased marine survival, presmolt survival has been found to be lower than previously estimated, the detection of a new disease led to the destruction of the Pleasant River broodstock, a disease from Europe has affected the Canadian aquaculture industry and spread toward the U.S. border, the use of non-North American strains of Atlantic salmon in the U.S. aquaculture industry has increased, aquaculture escapees continue to be detected in the wild, and salmon habitat continues to be threatened by water withdrawal and sedimentation. If this proposed listing is finalized, the protective measures of the ESA will extend to the Gulf of Maine DPS of Atlantic salmon, and a recovery plan will be prepared and implemented.

Slide50: 

Used with permission, Maine Atlantic Salmon Commission Used with permission, Maine Atlantic Salmon Commission

“Final Rule”: 

“Final Rule” By NOAA, NMFS, USFWS “…determine endangered status pursuant to the Endangered Species Act for the Gulf of Maine Distinct Population….”

A “listed” species: 

A “listed” species Marine Fisheries Service said in announcing the decision to list the salmon as endangered under the Endangered Species Act. Listing Means... * No takes of protected Atlantic salmon * Some requirements to seek consultation * A recovery plan must be developed Critical habitat must be identified Source: Maine Atlantic Salmon Commission

Slide53: 

The angling season for Atlantic salmon in Maine is CLOSED YEAR ROUND until further notice. It is unlawful, by State of Maine mandate, to angle, take or possess any Atlantic salmon from all Maine waters (including coastal waters).  Because of the federal Endangered Species Act listing, it is also a federal offense to take fish in Dennys, East Machias, Machias, Pleasant, Narraguagus, Ducktrap and Sheepscot rivers and Cove Brook. Source: Maine Atlantic Salmon Commission

Slide54: 

Source: Maine Atlantic Salmon Commission

Slide55: 

Source: Maine Atlantic Salmon Commission

Slide56: 

Source: Maine Atlantic Salmon Commission

Slide57: 

Source: Maine Atlantic Salmon Commission

Questions remaining…: 

Questions remaining… Acid rain Pesticides Climate change Farmed fish Dams And now: catch and release

Slide59: 

USFWS

Slide60: 

Data from Atlantic Salmon Federation

Slide61: 

Postcard from Atlantic Salmon Federation

Slide62: 

Licenses available soon for limited Atlantic Salmon Season on the Penobscot July 6, 2006 A limited Fall angling season will take place on the Penobscot River from September 15th to October 15th. All information regarding this fishery is listed below.Licenses will be available online by the middle of August (actual date still to be announced). Thanks to a partnership with Maine's Inland Fisheries and Wildlife Department the license will be available for purchase by logging onto the following link www.informe.org/moses. There will also be a limited number of license dealers throughout the state that will be authorized to sell licenses. This list will also be available in mid-August. Atlantic Salmon License fees: ･Resident, $15･Nonresident 16 years of age or older, $30;･For a 3-day license for a nonresident 16 years of age or older, $15. This license may not be exchanged for a season license; and･Nonresident under 16 years of age, $5.･Members of Maine's Indian tribes and Maine residents under 16 years of age are exempt from any fee. Maine Atlantic Salmon Commission

Slide63: 

Photo Quebec Govt

Slide64: 

Map USFWS