ESCA. Endangered Species Conservation Act of 1969 Changed in 1973 to ESA Amended several times

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1 ESCA Endangered Species Conservation Act of 1969 Changed in 1973 to ESA Amended several times

2 International Efforts Convention on International Trade in Endangered Species of Wild Fauna and Flora Canadian Endangered Wildlife cfm

3 ESA Approximately 2,000 species listed under the Endangered Species Act world wide Of these species, approximately 1,351 are found in part or entirely in the U.S. and its waters; the remainder are foreign species. NOAA's National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS) share responsibility for implementing the ESA.

4 ESA and Critical Habitat The ESA requires NMFS/FWS to designate critical habitat and to develop and implement recovery plans for threatened and endangered species.

5 Programs and Sections Listing (Section 4) Critical Habitat (Section 4) Recovery (Section 4) Cooperation with States (Section 6) Interagency Consultation (Section 7) International Cooperation (Section 8) Enforcement of the ESA (Section 9) Permits & Habitat Conservation Plan (Section 10)

6 Reviews of Status 5 year review requirements to update status Will de-list, move from threatened to endangered.

7 Section 4 d Directs the agency to issue regulations to conserve species listed as threatened. This applies particularly to take, which can include any act that kills or injures fish, and may include habitat modification. Section 4(d) of the ESA prohibits ANY take of species listed as endangered, but some take of threatened species that does not interfere with salmon survival and recovery can be allowed.

8 Tribal Rights and Permits Rule acknowledges that the United States has a unique legal relationship with Indian tribes as set forth in the Constitution of the United States, treaties, statutes, executive orders, and court decisions. The appropriate exercise of its trust obligation commits the United States to harmonize its many statutory responsibilities with the tribal exercise of tribal sovereignty, tribal rights, and tribal self-determination

9 Tribal Plans In making that determination the Secretary shall use the best available biological data (including any tribal data and analysis) to determine the Tribal Plan s impact on the biological requirements of the species, and will assess the effect of the Tribal Plan on survival and recovery, consistent with legally enforceable tribal rights and with the Secretary s trust responsibilities to tribes.

10 Section 10 Allows FWS/NOAA to issue permits for direct take and "incidental take of threatened and endangered species." Incidental take means the action involved is incidental to, and not the purpose of, an otherwise lawful activity. Incidental take/section 10(a)(1)(B) permits may be issued for scientific research, habitat conservation plans (HCPs), artificial propagation programs, and harvest management programs.

11 Scientific Research or Artificial Propagation Direct take means the listed species is the subject of the proposed activity. Direct take/section 10(a)(1)(A) permits may be issued for scientific purposes or to enhance the propagation or survival of listed species.

12 ESA and Pacific Salmon In 1991, NOAA Fisheries Service received a petition to list Pacific Northwest salmon runs under the Endangered Species Act (ESA). In response, the Northwest Fisheries Science Center and the Southwest Fisheries Science Center launched a systematic review of all West Coast salmon runs. Determine how a species of salmon was defined under the ESA.

13 ESU or Evolutionarily Significant Unit Policy established that a group of salmon was distinct population segment if it is was an evolutionarily significant unit, Scientists established two criteria for ESUs: 1) the population must show substantial reproductive isolation; and 2) there must be an important component of the evolutionary legacy of the species as a whole.

14 The agency listed two salmon populations in the Snake River basin - Threatened California s Sacramento River - Endangered

15 NOAA Fisheries reviewed with Biological Review Teams the stocks and identified 52 ESUs Evaluated whether they were at risk of extinction and should be considered for listing as threatened or endangered under the ESA.

16 Determination of ESUs Following the reviews, the agency listed a total of 26 salmonid ESUs, with five listed as endangered and 21 as threatened.

17 Oregon Coho Hiccup July 1995: NOAA Fisheries proposes to list Oregon coast coho as threatened" under ESA. October 1995: State of Oregon embarks on its Coastal Salmon Restoration Initiative to conserve and restore its coastal salmon and steelhead.

18 Oregon State Plan Removes Status March 1997: The state completes its Salmon Initiative Plan and submits it to NOAA Fisheries. May 1997: NOAA Fisheries determines Oregon coast coho is not warranted for listing under the ESA, based in part on Oregon s conservation measures contained in the plan.

19 June 1998: The Federal District Court for Oregon rules that the not warranted determination for Oregon coast coho is arbitrary and capricious, saying the ESA doesn t let NOAA Fisheries consider the biological effects of future or voluntary conservation measures

20 Re-Listed August 1998: NOAA Fisheries lists Oregon coast coho as a threatened species under the ESA.

21 Alsea Valley Alliance Vs Evans Petition In a Sept. 12, 2001, decision, the U.S. District Court in Oregon overturned NOAA Fisheries Endangered Species Act (ESA) listing of Oregon coast coho. NOAA had identified a distinct population segment (or evolutionarily significant unit ESU) of coho on the Oregon coast ESU composed of natural and hatchery fish, but listed only the naturally spawning portion.

22 Natural and Hatchery Fish NOAA Fisheries Service, in accordance with its 1993 Pacific salmonid hatchery listing policy, adopted this practice to minimize the regulatory impact of ESA listings, and in recognition of the intent of the ESA to protect populations in their natural ecosystems.

23 September 2001: Alsea Decision, Judge Michael Hogan of the U.S. District Court in Eugene-- Improper for NOAA to list only the natural component of the coho ESU because the ESA does not allow listing of a unit smaller than a distinct population segment. The court did not instruct the agency on how it should consider hatchery fish when evaluating the risk of extinction in making a listing decision.

24 Hatchery Listing Policy NOAA Fisheries announced it would revise its 1993 hatchery listing policy and reconsider its listing decisions for salmon and steelhead ESUs coast-wide.

25 Oregon Coast Coho Tech Team November 2002: charged with establishing biologically based delisting criteria and ESA recovery goals and serving as science advisors to recovery planning.

26 June 2004 NOAA formally proposes to list Oregon coast coho as threatened under the federal ESA and issues its draft hatchery policy.

27 More Flip Flops May 2005: Oregon releases the final report of its Coastal Coho Assessment, concluding Oregon coast coho are viable and likely to persist into the foreseeable future.

28 Jan 2006 NOAA Fisheries Service announced that the Oregon coast coho evolutionarily significant unit (ESU) is not warranted for listing under the Endangered Species Act Withdrew its June 2004 proposal to list the population as threatened. This finding concludes commitment, to update all of its salmon and steelhead listing determinations, consistent with a 2001 court opinion.

29 Challenged by TU and Others June 2006: Trout Unlimited challenges NOAA Fisheries decision not to list. July 2007: A U.S. District Court in Oregon rules that NOAA Fisheries decision not to list is arbitrary, capricious, contrary to the best available evidence, and a violation of the ESA. October 2007: The U.S. District Court in Oregon invalidates the January 2006 decision not to list Oregon coast coho.

30 February 2008 NOAA Fisheries Service announced that it is listing the Oregon coast coho salmon ESU as as threatened under the Endangered Species Act. Designation of critical habitat and adoption of ESA protective regulations (4(d) rule).

31

32 Chinook salmon NOAA Fisheries has identified 17 evolutionarily significant units (ESUs) of Chinook salmon in Washington, Oregon, Idaho and California. Each ESU is treated as a separate species under the Endangered Species Act.

33 Listings/Salmon- Populations/Maps/Chinook-ESU-Maps.cfm

34

35

36 ESU- Snake River Sum/Spr Threatened - All naturally spawned populations of spring/summer-run Chinook salmon in the mainstem Snake River,the Tucannon River, Grande Ronde River, Imnaha River, and Salmon River subbasins, as well as fifteen artificial propagation programs:

37 Artificial Propagation Programs Tucannon River conventional Hatchery, Tucannon River Captive Broodstock Program, Lostine River, Catherine Creek, Lookingglass Hatchery, Upper Grande Ronde, Imnaha River, Big Sheep Creek, McCall Hatchery, Johnson Creek Artificial Propagation Enhancement, Lemhi River Captive Rearing Experiment, Pahsimeroi Hatchery, East Fork Captive Rearing Experiment, West Fork Yankee Fork Captive Rearing Experiment, and the Sawtooth Hatchery spring/summer-run Chinook hatchery programs.

38 Winter Run chinook- Sacramento Endangered 1994 The ESU includes all naturally spawned populations of winter-run Chinook salmon in the Sacramento River and its tributaries in California, as well as two artificial propagation programs: winter-run Chinook from the Livingston Stone National Fish Hatchery (NFH), and winter run Chinook in a captive broodstock program maintained at Livingston Stone NFH and the University of California Bodega Marine Laboratory.

39 Information Listings/Salmon-Populations/Reports-and- Publications/Index.cfm

40 Assignment Read and understand the details of the Alsea decision and be prepared to discuss the components of this decision. Read the 2005 NOAA Policy on the Consideration of Hatchery-Origin Fish in Endangered Species Act Listing Determinations for Pacific Salmon and Steelhead- Be prepared to discuss and debate what this means Read additional papers on web for background

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