
Experience Everything Compliance Network Has to Offer
The Ecological Services Program works with a huge array of organizations and individuals to advance species conservation. Collaboration for species protection and recovery have been established among national agencies, state administrations, private landowners, non-governmental organizations, and American Indian tribes. Some of the motives for donating money and time into actions to protect species threatened by extinction include natural diversity improvements, gifts to medicine, better biodiversity and farming, and more.
The Ecological Services Program works with a huge array of organizations and individuals to advance species conservation. Collaboration for species protection and recovery have been established among the Ecological Services Program and additional U.S. Fish and Wildlife Service programs, other national agencies, state administrations, private landowners, non-governmental organizations (NGOs), and American Indian tribes.
Through time, programs like the Endangered Species Act (ESA) have been effective in protecting plant and animal species, preventing species from extinction, and protecting the habitats of at-risk species. Specifically, under the protection of the ESA, there are several success cases where species have been brought back from the verge of extinction, including the California condor and grizzly bear. Many other species no longer need the ESA's protection and have been taken off the list of endangered and threatened species. Even very symbol of United States’ strength, the bald eagle, once listed as endangered has increased in numbers enough to be delisted.
The U.S. Fish and Wildlife Service (USFWS) is the main agency devoted to the preservation, protection, and improvement of fish, wildlife, and plants, including their habitats. The USFWS is the sole agency in the federal government whose central role is the preservation and management of these crucial natural resources for U.S. citizens. The USFWS was first created in 1871. Congress developed the USFWS to study the decline in fish eaten in the U.S. and provide ways to reverse that loss.
The USFWS oversees carrying out very critical U.S. environmental laws, like the:
The USFWS provides conservation for species through the ESA, which has prevented the extinction of over 99 percent of the species it protects. States, tribes, private landowners, non-governmental organizations, and federal partners all collaborate with the USFWS to carry out on-the-ground conservation for species and habitats nationwide.
The USFWS works with partners to successfully tackle conservation goals, and:
The aim of the Endangered Species Act (ESA) is to protect plants and animals listed as endangered or threatened and their ecosystems. Also, the U.S. Fish and Wildlife Service (USFWS) tries to improve the status of those species to the extent that protection under the ESA is not needed anymore. This operation is called recovery. Recovering species is a difficult task and may be time-consuming. In some situations, the USFWS tries to combat population declines that have been occurring for over 200 years.
A listed species goes into recovery right when the final rule listing it under the ESA is effective. The USFWS often helps behind the scenes before some species are even under listing consideration. Recovery actions may include working alongside a state park to mend dunes, or with a national forest to get rid of exotic overcrowding plants, or with a college professor to help with reproduction efforts of a species. To have a clear road to obtain recovery, USFWS creates recovery plans for listed species that pinpoint actions that must occur to move the species out of federal protection.
Making a recovery plan is special for every species. When creating plans, the following is considered:
Species biology, the amount of individuals, and where they are found, as well as other factors, are very essential.
Typically, recovery teams made up of species experts, internal and external to USFWS, work together to make and carry out recovery plans. Recovery plans for any protected species can be found using the Environmental Conservation Online System (ECOS). Together with the ESA, other acts help safeguard species. Main acts include the Lacey Act and the Migratory Bird Treaty Act (MBTA).
The Endangered Species Act (ESA) of 1973 is a major player for national and worldwide conservation. The goal of the act is to give guidance on how to preserve and protect endangered and threatened species and places they live in. The main federal agencies for carrying out ESA are:
The law requires federal agencies, together with USFWS and/or the NOAA Fisheries Service, to guarantee that actions they approve, fund, or execute are not likely to risk the ongoing existence of any listed organisms or cause the destruction or negative change of important habitats of such wildlife. Also, the law forbids any action that results in the taking of any endangered species. Similarly, import, export, interstate, and foreign trade of listed species are usually all restricted.
By giving states financial assistance and incentives to create and upkeep conservation programs, ESA provides an opportunity to meet many of the United States’ international duties to treaties and conventions like the Convention on International Trade of Endangered Species of Wild Fauna and Flora (CITES) and the Western Hemisphere Convention.
Before a species can gain protection given by the Endangered Species Act (ESA), it needs to first be included on the federal lists of endangered and threatened wildlife and plants. A species is added to this list when the U.S. Fish and Wildlife Service (USFWS) decides that it has met the definition of endangered or threatened given under the ESA. Species can also be taken off the list or delisted when they no longer need ESA protection. Or species may have a change in status and move from threatened to endangered or vice versa (reclassified).
Under the ESA, a species must be listed if it is threatened or endangered due to any of the five reasons:
The ESA requires that listing decisions be based only on the leading scientific and commercial data present. Economic impacts are not regarded in developing species listing decisions and are not allowed under the ESA.
Petitions are official requests to list a species under the ESA. Any interested individual can submit a drafted petition electronically or by mail. The ESA requires that USFWS create and issue certain conclusions on the petition. USFWS or the U.S. National Oceanic and Atmospheric Administration (NOAA) must make a finding within 90 days of getting a petition as to whether there is "substantial information" showing that the petitioned listing may be justified. If this initial finding is positive, USFWS runs a status review. Within one year of getting the petition, USFWS must make an additional finding that the listing is or is not justified. A positive one-year finding can be added into a proposed listing rule or, if a quick proposal is ruled out by other listing actions, the proposal may be delayed. These warranted but precluded determinations need later one-year determinations each year following until a proposed listing rule is published, or a not warranted finding is created.
Species that hit the Endangered Species Act (ESA) definitions of endangered species or threatened species are added to the lists and are eligible for important habitat selection. The conservation benefits for listed threatened and endangered plants and animals include:
Listing gives more recognition to a species' unstable status, helping inspire conservation work by other agencies (foreign, national, state, and local), independent groups, and concerned citizens.
In accordance with congress, all federal agencies must try to preserve endangered and threatened species and use their authorities to help further the goals of the ESA. Likewise, federal agencies are directed to use their authorities to implement conservation programs for listed species. The ESA also requires federal agencies to ensure that any actions they fund, allow, or implement are not likely to put the survival of any endangered or threatened species at risk, or to destroy or negatively change its appointed important habitats. The moment an agency discovers that an action may affect a listed species, it must consult with the USFWS to avoid harming the species or its habitat. If needed, alternatives like project changes or rescheduling are proposed to help completion of the suggested action while still preserving the species or critical habitat.
Further protection is allowed by the ESA, which makes it illegal to take, import, export, or partake in interstate or international trade with listed animals except by permit for particular conservation reasons. Additionally, the ESA makes it illegal to possess, sell, or move any listed species taken in breach of the law. Trade limits are the same as other wildlife when it comes to plants, but the rules on take are not. It is unlawful to collect or spitefully harm any endangered plant on lands under federal control. Removing or hurting listed plants on state and private property in knowing breach of state law, or while breaking a state criminal trespass law, also is unlawful under the ESA. Some states may have stricter laws forbidding the take of state or nationally listed plants and animals.
Under the Lacey Act, it is illegal to import, export, sell, obtain, or buy fish, wildlife or plants that are taken, owned, moved, or sold:
The Lacey Act covers all fish and wildlife and their components or goods, plants protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and wildlife protected by state law.
Originally passed in 1900, the Lacey Act was the first law in the U.S. that protects wildlife. The Act makes it unlawful to trade animals and plants, through regulating import of species protected by any (global or domestic) law. The Act also has provisions to eliminate the spread of invasive, or non-native, species. In 2008, the Lacey Act was revised to cover more banned plants and plant goods. As an example, the revision included imported products that had been created from unlawfully logged woods.
APHIS
The Animal and Plant Health Inspection Service (APHIS), the U.S. National Oceanic and Atmospheric Administration (NOAA), and the U.S. Fish and Wildlife Service (USFWS) manage the Lacey Act. APHIS oversees gathering declarations for imported plants and plant goods and establishing the extent of plant materials that need a declaration. APHIS defined through rulemaking a schedule for applying the declaration requirement:
APHIS still investigates products to include in later phases and will issue notices in the Federal Register to keep stakeholders and citizens properly informed.
The Migratory Bird Treaty Act (MBTA) of 1918 applies four global conservation treaties that the U.S. entered with Canada in 1916, Mexico in 1936, Japan in 1972, and Russia in 1976. It is meant to make sure there is sustainability of populations of all protected migratory bird species.
The law has been revised with the signing of each treaty. It was also amended when any of the treaties themselves were revised, such as with Mexico in 1976 and Canada in 1995. The MBTA bans the take (including killing, seizing, selling, trading, and moving) of protected migratory bird species without permission beforehand by the Department of Interior U.S. Fish and Wildlife Service.
U.S. Fish and Wildlife Service (USFWS) role
The U.S. Fish and Wildlife Service (USFWS) is the agency that looks after the Migratory Bird program. This program aims to conserve birds and preserve established subsistence and outdoor recreational activities that include birds, as well as migratory bird supervision, state partnership, and environmental reviews. The program works with partners like outdoor leisure and sporting groups, conservation institutions, tribes, and state wildlife agencies to preserve habitats needed to aid these species for generations of Americans to come. Acts at the forefront of the Migratory Bird program include the following:
Different species are protected under various acts. For the Endangered Species Act (ESA), native species of plants and animals, besides pest insects are eligible for protection. The Migratory Bird Treaty Act (MBTA), however, only protects birds.
ESA lists
Under the ESA, species can be listed as endangered or threatened.
Threatened and endangered species reports can be found on the Environmental Conservation Online System (ECOS). There is a list for All Threatened and Endangered Animals and for All Threatened and Endangered Plants.
Additionally, the U.S. Fish and Wildlife Service (USFWS) upkeeps a list of candidate species. These are species for which there is enough data present to warrant suggesting them for listing, but they are ruled out from doing so by greater listing priorities.
There is also a list to identity when a species is delisted or removed from a list. The delisted species can also be found on ECOS.
USFWS delists species for three different reasons:
In accordance with the ESA, when a species recovers and is delisted, it must be looked after where it occurs for a minimum of five years. Examples of species that have been delisted due to recovery include:
Wildlife species globally are often imported into the United States. They may even find their way in by accidentally stowing aboard boats, aircraft, and vehicles. People import all kinds of live wildlife for a wide array of reasons including for use as household pets, for consumption, in decorative ponds, and for scientific research. Occasionally the animals escape into the wild. Sometimes people set them free on purpose.
Injurious wildlife are wild mammals, birds, amphibians, reptiles, fishes, crustaceans, mollusks and their offspring that are injurious to the interests of people, farming, forestry, wildlife or wildlife resources in the United States. Injurious wildlife listing first started in 1900. It continues even now under the oldest federal invasive species law in the United States. It is part of the Lacey Act. The statute provides permission for the Secretary of the Interior to ban importation and certain transport of wildlife species that are formally classified as injurious.
Once a species is placed on the list of injurious wildlife, it cannot be imported into the United States or transferred between the continental United States, the District of Columbia, Hawaii, or the Commonwealth of Puerto Rico, without obtaining a permit.
All species of Salmonidae (salmon, trout, char, grayling, freshwater whitefish) are classified as injurious because of their potential to carry pathogens that can hurt other fish. The only salmonids that are not injurious are the ones imported with a health certification or those that are dead and disemboweled. Twenty genera of salamanders (live, dead, or even parts of them) are classified as injurious due to risk of carrying the fungus Batrachochytrium salamandrivorans that can infect and kill other native amphibians.
Global conversations in the early 1960s started focusing on the rate at which the world’s wildlife was being threatened by unregulated global trade. Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) began in 1975. It became the sole international treaty to ensure that global trade in plants and animals does not harm their survival in the wild. It outlines support for cooperation and partnership among nations to prevent decline in wild populations.
How are species protected?
Cacti, iguanas, and parrots are only a portion of the nearly 35,000 species protected by CITES. Species protected under CITES are listed in one of three appendices: ??
CITES, similar to most laws and treaties, needs the public’s help. Everyone, from citizens to businesses, has a part to play in ensuring the effectiveness of the treaty by:
Migratory bird species protected by MBTA
The list of migratory bird species protected by the Migratory Bird Treaty Act (MBTA) is mainly based on bird families and species included in the four international treaties (U.S. entered with Canada, Mexico, Japan, and Russia). A migratory bird species is part of the list if it meets one or more of the subsequent criteria:
Bird species where MBTA does not apply
The Migratory Bird Treaty Reform Act (MBTRA) of 2004 amended the MBTA. It stated that the MBTA relates only to migratory bird species that are native to the United States or U.S. territories. Amendments explained that a native migratory bird species is one that is present due to natural biological or ecological actions. The MBTRA requires the U.S. Fish and Wildlife Service (USFWS) to issue a list of all nonnative, human-introduced bird species to which the MBTA does not apply. An updated list was issued in 2020. The 2020 update pinpoints species that are part of biological families mentioned in treaties the MBTA implements but are not protected because their occurrence in the United States or U.S. territories is only due to deliberate or accidental human-aided introductions. The following nonnative species are not protected under the MBTA:
The activities allowed by permits vary based on whether the species is listed as endangered or threatened under the Endangered Species Act (ESA). An endangered species is at risk of extinction throughout all or a large part of its range. A threatened species is likely to become endangered soon.
Instructions
For endangered species, permits can be issued for:
For threatened species, permits also may be issued for:
An individual can request a captive-bred wildlife registration from the U.S. Fish and Wildlife Service (USFWS) to purchase and sell within the country live, non-native endangered or threatened wildlife that were captive born in the United States for improvement of species reproduction, given the other individual in the sale is registered for the same species. A different permit is required to import or export such species. Be aware that captive-bred wildlife permits are not issued for the purpose of keeping or breeding endangered or threatened animals as household pets. Keeping protected species as pets does not match the purposes of the ESA. After all, it aims to improve species conservation and recovery of wild populations.
Section 10 of the Endangered Species Act (ESA) regulates a large array of actions impacting plants and animals classified as endangered or threatened, as well as their habitats. With a handful of exceptions, the ESA forbids actions impacting these protected species and their habitats unless allowed by a permit from the U.S. Fish and Wildlife Service (USFWS) or the National Marine Fisheries Service (NMFS). Authorized actions are created to be consistent with species preservation.
What are the various kinds of permits?
The USFWS’ Ecological Services program, found in each regional office, issues permits for native endangered and threatened species. The Division of Management Authority oversees issuing import or export permits. NMFS also issues permits involving particular marine species. Permits issued by the USFWS’ Ecological Services program are of three primary kinds:
Scientific purposes or recovery permits are issued to authorize for take as part of actions meant to encourage the recovery of listed species. A classic use of a recovery permit is to assist scientific research on a listed species to help further grasp the species' lifelong survival needs.
To fill out this form, an individual will need the following:
Application processing cost
When the information in an existing application package on file has changed, an applicant needs to apply for an amendment to the valid permit. For example, changes may include adding species to the permit and/or changes in area or actions.
Enhancement of survival permits are issued to non-federal landowners that are part of Safe Harbor Agreements (SHA) or Candidate Conservation Agreements with Assurances (CCAA). These agreements help landowners take actions to improve the lives of species while also giving assurances that they will not be subject to further bureaucratic restrictions due to their conservation activities.
Once the U.S. Fish and Wildlife Service (USFWS) has worked with the potential landowner to make a CCAA or SHA and has decided that the agreement meets the permit issuance criteria, USFWS will unlock the application form so it can be submitted to the USFWS for processing. Prior to beginning to draft an agreement, it is suggested that an individual work with a nearby USFWS office to ensure the agreement meets the policy and permit issuance criteria.
To fill out this form, an individual will need the following:
Application processing cost
The interstate commerce permit application covers actions involving interstate commerce in non-native Endangered Species Act (ESA)-listed animals or foreign commerce in native and non-native ESA-listed animals, whether live or dead, including any identifiable parts, goods, or byproducts.
To fill out this form, an individual will need the following:
Note that alongside gaining this permit for a suggested action, for any commercial activity an individual must get an import/export license from the U.S. Fish and Wildlife Service (USFWS) Office of Law Enforcement.
Application processing cost
Incidental take permits may be utilized when a non-federal entity thinks their otherwise legal actions could cause take of endangered or threatened animal species. A habitat conservation plan (HCP) needs to go along with an incidental take permit application. The habitat conservation plan ensures that the outcomes of the permitted incidental take are properly reduced and alleviated.
Once the U.S. Fish and Wildlife Service (USFWS) has decided that the potential applicant's HCP meets the Endangered Species Act (ESA) incidental take permit issuance criteria, USFWS will unlock the application form so it can be submitted for processing. Prior to beginning to draft the HCP, it is suggested that an individual work with a nearby USFWS office to ensure the HCP meets the policy and permit issuance criteria.
To fill out this form, an individual will need the following:
Application processing cost
Habitat conservation plans (HCPs) under the Endangered Species Act (ESA) allow partnerships with non-federal parties to preserve the ecosystems upon which listed species depend, in time, helping their recovery.
HCPs are planning forms needed as part of an application for an incidental take permit. They explain the following:
HCPs can apply to listed and nonlisted species. This includes those that are candidates or that have been suggested for listing. Conserving species before they are at risk of extinction can supply benefits and prevent the need for listing altogether. When thoughtfully carried out, HCPs give resource managers and property owners the chance to implement legal actions while becoming partners in upkeeping wildlife habitats.
No Surprises assurances
Through the HCP process, the U.S. Fish and Wildlife Service (USFWS) supplies No Surprises assurances to non-federal landowners. Basically, state and private landowners are guaranteed that if unforeseen circumstances emerge USFWS will not demand the commitment of further land, water, or monetary compensation or further limits on the use of land, water, or other natural resources past the extent agreed to in the HCP without the consent of the permitholder. The government will uphold these assurances provided that the permitholders are applying the HCP terms and conditions, permits, and other associated records in good faith. The government and permit-holders promise to honor their conservation obligations.
Section 7 of the Endangered Species Act (ESA), called Interagency Cooperation, is the tool by which federal agencies ensure the steps they take, including those they finance or permit, do not harm the ongoing lives of any listed species.
Informal consultation
Under Section 7, federal agencies need to confer with the U.S. Fish and Wildlife Service (USFWS) when any activity the agency performs, finances, or allows (such as through a permit) may impact a listed endangered or threatened species or assigned critical habitat. In the beginning steps of project planning, federal agencies can request technical aid from USFWS. Conversations between the two agencies may include what kinds of listed species could be present in the suggested action location, and what impact the suggested activity could have on those species.
Formal consultation
When a federal agency concludes, through a biological assessment or other type of review, that its activity is likely to negatively impact a listed species, the agency submits a request for formal consultation to the USFWS. USFWS and the agency share details during formal consultation about the suggested project and the species or critical habitat likely to be impacted. Formal consultation could take as long as 90 days. After this time, the USFWS will compose a biological opinion. The result of the biological opinion will explain whether the federal agency has guaranteed that its activity is not likely to risk the ongoing livelihood of a listed species and/or cause the destruction or negative change of critical habitats. USFWS has 45 days after wrapping up a formal consultation to construct the opinion.
To get to a decision in its biological opinion, USFWS starts by checking out the present status of the species. It then weighs the likely outcomes of the suggested federal activity. It also considers any impacts to the species or critical habitat of non-federal activity that are most likely to happen in the activity location.
Critical habitat destruction or modification
Section 7 requires that federal agencies ensure that their actions do not end in the destruction or negative change of critical habitat. Destruction or negative change means a direct or indirect adjustment that worsens the critical habitat altogether for the conservation of a listed species.
Alternatives and incidental take
When a federal agency fails to guarantee that activities are unlikely to avoid risking damage to listed species or cause the destruction or negative change of critical habitat, it could give sensible alternative activities. Alternatives must:
Usually, an activity is most likely to end in the incidental take of a species but is not likely to risk its ongoing livelihood. When this takes place, the USWFS gives the federal agency an incidental take statement with the biological opinion. The anticipated incidental take is not subject to the take banning of the ESA if the federal agency or applicant carries out the terms and conditions outlined in the incidental take statement.
Environmental Conservation Online System (ECOS) is a gateway website that gives access to information systems in the U.S. Fish and Wildlife Service (USFWS) and other government data. This primary point of access helps USFWS workers to oversee data and details. It allows public access to information from countless USFWS databases. ECOS supplies a wide range of reports related to the List of Threatened and Endangered Species. In demand reports include:
ECOS is also home to a few other conservation instruments including Geospatial Fisheries Information Network (GeoFIN) and Information for Planning and Consultation (IPAC).
Who needs a declaration?
A person does, if...(all must apply)
A person does NOT, if...(at least one must apply)
Wood packaging materials
As of October 1, 2021, importers must file a Lacey declaration for new wooden products in HTSUS 4415 that previously arrived in the United States as merchandise. Under the Lacey Act, there is an exception to the import declaration rule for plants used only as packaging material (shipping containers, cases, crates, drums, and pallets) to aid, protect, or carry additional goods, unless the packaging material itself is the good being imported. Also, APHIS does not mandate that U.S. importers file a Lacey declaration for secondhand, recycled, and reclaimed wooden products regardless of whether it is empty or under load, that are used to bring imported items into the United States.
Bamboo products
Filing a Lacey Act declaration is not required for imported goods composed of bamboo if the bamboo was planted for the motive of harvesting and business use. If the bamboo was harvested from wild stands or if the origin is unknown, then an individual needs to file a Lacey Act declaration.
Instruments shipped internationally for performances
Filing a Lacey Act declaration is not required for musical instruments if U.S. Customs Border Protection (CBP) decides the imported instrument is an informal entry. However, filing a Lacey Act declaration is required if CBP classifies the importation as a formal entry.
The Importer of Record or their agent can electronically file the Lacey Act Plant and Plant Product Declaration form (PPQ 505 declaration) using one of these options:
It is not necessary to mail a physical declaration if a person submits it electronically. By going with the digital option, an individual will not only be more environmentally friendly but also gain these crucial benefits:
If needed, a person may file a paper declaration using PPQ Form 505.
The United States government uses the system, Automated Commercial Environment (ACE) to process imports and exports. Importers can use ACE to submit Animal and Plant Health Inspection Service (APHIS)-mandated import information for APHIS-regulated products.
APHIS and U.S. Customs and Border Protection (CBP) collaborate jointly to prevent the spread of harmful plant pests and animal diseases within the United States. APHIS, as well as countless other U.S. government agencies, need importers to file certain data with CBP about the goods they are carrying into the United States. This data helps APHIS and CBP make prompt choices about the acceptability of imported goods.
The SAFE Port Act of 2006 caused CBP to develop ACE in order to digitally gather and share import information that they and their partner government entities usually got in paper form. ACE is part of a greater government-wide plan called the International Trade Data System (ITDS). Its goal is to streamline the import/export procedure for companies.
After a successful test run in 2016, CBP required the use of ACE for gathering Lacey Act declarations. The Lacey Act fights trafficking in unlawful wildlife, fish, and plants. It makes it illegal to import particular plants and plant goods without an import declaration.
The Lacey Act Web Governance System (LAWGS) is a web application geared toward the public. It allows United States importers to declare the plant and plant good substances being imported. The declaration is mandated by the Lacey Act Amendment.
The goal of LAWGS is to aid in the creation, submission and overall review of the Plant and Plant Product Declaration (PPQ Form 505/505b). Importers must get a United States Department of Agriculture (USDA) e-Authentication Level 1 account to access LAWGS. The system allows users to make their own organizations with identified Organization Administrators. The administrators have full control when it comes to adding members, removing them, and upkeeping organization data. The user organization guarantees confidentiality. It helps distribute artifacts and templates within the organization.
The data gathered by LAWGS includes the information that explains the shipment and consent with Lacey Act requirements. Shipment details include the following:
Compliance information includes the following:
The exporter can only see their organization’s data, and not others. LAWGS allows the PPQ Lacey Act Program (LAP) officials to review the submitted declaration for precision and completion. Inaccurate declarations can be sent back to the importers for fixing and resubmission. LAWGS creates the PPQ Form 505/505B with all information gathered in Portable Document Format (PDF) form. The importer can file the electronic declaration form or print the digital form for their own documentation.
The Migratory Birds and Habitat Program in part, issues Migratory Bird Treaty Act (MBTA) permits to allow individuals or corporations to take or possess birds for particular reasons including:
Teachers
Education permits are separated two various ways. Use of birds in general is named Educational Use whereas use of eagles specifically is named Exhibition. If live birds are involved, they are titled live permits. If specimens, mounted birds, bones, nests, feathers, non-viable eggs, and additional parts are involved, they are titled dead permits. One permit can allow the use of live and dead birds. Added permits however, are required for birds and eagles.
Educational Use
Educational Use permits allow the custody of migratory birds for conservation teaching reasons. This includes live birds, dead birds, or both.
Permit information
Exhibition
Eagle Exhibition permits allow the custody of live eagles or dead eagles (mounts, feathers, bones, etc.) for conservation teaching uses. Common uses of these permits include having live eagles or eagle parts on exhibit for conservation teaching or used in conservation teaching programs.
Restrictions
Native American feather
This permit allows Native Americans to possess eagle feathers and other parts for religious purposes.
Permit information
Restrictions
Special purpose - utility
A national Utility permit allows utilities to gather, move, and briefly possess migratory birds found dead on utility sites, structures, and rights-of-way for mortality surveying reasons. The permit may be used for post-construction monitoring projects like searcher efficiency and scavenger removal trials. This permit may also allow relocation or demolition of active nests in emergency situations. Utilities include communication towers, electric, wind, solar, and other power creation, and transmission operations.
Permit information
Scientific collecting
Scientific Collecting permits allow scientific research and museum collection of nationally protected birds, besides eagles.
Permit information
Game bird propagation
A national Game Bird permit is needed to detain and sell captive-reared game birds. Game birds include pigeons, doves, coots, rails, and species like that. Game birds cannot be taken from the wild.
Permit information
The subsequent species are eligible for propagation under this permit:
Waterfowl sale and disposal
A national Waterfowl Sale and Disposal permit allows the sale, gift, release, or other disposal of waterfowl. Waterfowl species include those in the family Anatidae (ducks, geese, brant, and swans). Waterfowl and their eggs cannot be taken from the wild.
Permit information
Notes
Depredation is damage or loss due to birds. Depredation permits help lessen damage done to crops/livestock, private land, human health (including airports), and protected wildlife. As a last resort, project teams within a company may get a depredation permit from the U.S. Fish and Wildlife Service (USFWS) to allow the take of birds under the Migratory Bird Treaty Act (MBTA) for otherwise legal actions. But these permits are only to be used when public safety is at risk or techniques to prevent nesting cannot be carried out. All attempts should be made during project planning, timing, and location preparation to avoid needing a depredation permit.
This take under the depredation permit can include any migratory birds excluding eagles and threatened and endangered species. These permits identify the species, techniques, and the amount of birds that may be taken. The permits are only valid for the individuals listed on the permits, the permit areas named, and dates of the permit. Applicants who apply for this permit need to apply to the USFWS Regional Office. The application process includes the following:
A depredation permit is NOT needed to:
Permit information
During the project impact analysis process, developers should pinpoint project-related outcomes relevant to migratory birds and the conservation steps that will take place to mitigate them. Under the National Environmental Protection Act (NEPA) framework, Migratory Bird Treaty Act (MBTA) conservation steps may fall into a minimum of one of the five categories. Each category manages the impact extent to birds from a certain project or action differently. A mitigation measure could:
Measures can be ecological or habitat-based (those that are targeted at conserving or compensating for impacts to bird environment) or avian mortality-based (those that are targeted at lowering sources of direct death to birds).
What is the USFWS doing to lower mortality?
The U.S. Fish and Wildlife Service (USFWS) supplies data and help to organizations and citizens seeking to create projects in a way that lowers impacts on birds and their environments. Some of the resources USFWS supplies are voluntary framework, best practice tips, and details and resources for developers for conducting environmental reviews aiming for bird-friendly projects. The Migratory Bird Program provides training for businesses and partners to:
How can individuals help?
Everyone can pitch in to protect migratory birds. Whether it is taking actions around a workplace, developing bird-friendly projects, or simply lowering resource use, each activity is one step closer to protecting migratory birds for future generations. Some easy measures that can be taken include:
There are other laws that help protect species, besides just the Endangered Species Act (ESA), Lacey Act, and Migratory Bird Treaty Act (MBTA). Marine Mammal Protection Act (MMPA) and Wild Bird Conservation Act (WBCA) are more general and help a wider range of species. The MMPA protects all marine mammals. The WBCA protects most bird species listed under the Convention on International Trade of Endangered Species of Wild Fauna and Flora (CITES). Other species protection laws are not as general. They narrow in on one specific species.
The Multinational Species Conservation Acts play a major part in the Division of International Conservation’s Wildlife Without Borders program. These Acts, passed by U.S. Congress, gives the Division permission to create the Multinational Species Conservation Funds and gives grants to projects helping elephants, rhinos, great apes, and marine turtles in their natural environments. The enactment of the African Elephant Conservation Act of 1988 was the first of these acts. After that came:
The Marine Mammal Protection Act (MMPA) was passed on October 21, 1972. Every marine mammal is protected under MMPA. The MMPA bans, with particular exceptions, the take of marine mammals in United States waters and by citizens on the high seas. Take means to harass, hunt, capture, or kill, or attempt to do any of these actions to any marine mammal. It also forbids the importation of marine mammals and their products into the U.S.
The MMPA did far more than just moving the focus of conservation from species to ecosystems. The MMPA:
MMPA authority is divided between the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS). The USFWS Branch of Permits oversees issuing take permits when exceptions are made to MMPA.
Overall, exceptions can be made for:
The Wild Bird Conservation Act (WBCA) was passed on October 23, 1992. Its goal is to ensure that exotic bird species are not hurt by international trade and support wild bird conservation programs in countries of origin. The U.S. Fish and Wildlife Service (USFWS) may issue permits to authorize import of listed birds for scientific studies, zoological breeding or exhibition, or personal pet reasons when the applicant meets specific criteria.
The USFWS may authorize collective breeding programs of WBCA-protected birds, and successive import permits under these breeding programs.
Species listed under WBCA
The majority of bird species under the Convention on International Trade of Endangered Species of Wild Fauna and Flora (CITES) are listed under WBCA. Exceptions to this include:
The U.S. Fish and Wildlife Service (USFWS) is the main agency devoted to the preservation, protection, and improvement of fish, wildlife, and plants, including their habitats. The USFWS is the sole agency in the federal government whose central role is the preservation and management of these crucial natural resources for U.S. citizens. The USFWS was first created in 1871. Congress developed the USFWS to study the decline in fish eaten in the U.S. and provide ways to reverse that loss.
The USFWS oversees carrying out very critical U.S. environmental laws, like the:
The USFWS provides conservation for species through the ESA, which has prevented the extinction of over 99 percent of the species it protects. States, tribes, private landowners, non-governmental organizations, and federal partners all collaborate with the USFWS to carry out on-the-ground conservation for species and habitats nationwide.
The USFWS works with partners to successfully tackle conservation goals, and:
The aim of the Endangered Species Act (ESA) is to protect plants and animals listed as endangered or threatened and their ecosystems. Also, the U.S. Fish and Wildlife Service (USFWS) tries to improve the status of those species to the extent that protection under the ESA is not needed anymore. This operation is called recovery. Recovering species is a difficult task and may be time-consuming. In some situations, the USFWS tries to combat population declines that have been occurring for over 200 years.
A listed species goes into recovery right when the final rule listing it under the ESA is effective. The USFWS often helps behind the scenes before some species are even under listing consideration. Recovery actions may include working alongside a state park to mend dunes, or with a national forest to get rid of exotic overcrowding plants, or with a college professor to help with reproduction efforts of a species. To have a clear road to obtain recovery, USFWS creates recovery plans for listed species that pinpoint actions that must occur to move the species out of federal protection.
Making a recovery plan is special for every species. When creating plans, the following is considered:
Species biology, the amount of individuals, and where they are found, as well as other factors, are very essential.
Typically, recovery teams made up of species experts, internal and external to USFWS, work together to make and carry out recovery plans. Recovery plans for any protected species can be found using the Environmental Conservation Online System (ECOS). Together with the ESA, other acts help safeguard species. Main acts include the Lacey Act and the Migratory Bird Treaty Act (MBTA).
The Endangered Species Act (ESA) of 1973 is a major player for national and worldwide conservation. The goal of the act is to give guidance on how to preserve and protect endangered and threatened species and places they live in. The main federal agencies for carrying out ESA are:
The law requires federal agencies, together with USFWS and/or the NOAA Fisheries Service, to guarantee that actions they approve, fund, or execute are not likely to risk the ongoing existence of any listed organisms or cause the destruction or negative change of important habitats of such wildlife. Also, the law forbids any action that results in the taking of any endangered species. Similarly, import, export, interstate, and foreign trade of listed species are usually all restricted.
By giving states financial assistance and incentives to create and upkeep conservation programs, ESA provides an opportunity to meet many of the United States’ international duties to treaties and conventions like the Convention on International Trade of Endangered Species of Wild Fauna and Flora (CITES) and the Western Hemisphere Convention.
Before a species can gain protection given by the Endangered Species Act (ESA), it needs to first be included on the federal lists of endangered and threatened wildlife and plants. A species is added to this list when the U.S. Fish and Wildlife Service (USFWS) decides that it has met the definition of endangered or threatened given under the ESA. Species can also be taken off the list or delisted when they no longer need ESA protection. Or species may have a change in status and move from threatened to endangered or vice versa (reclassified).
Under the ESA, a species must be listed if it is threatened or endangered due to any of the five reasons:
The ESA requires that listing decisions be based only on the leading scientific and commercial data present. Economic impacts are not regarded in developing species listing decisions and are not allowed under the ESA.
Petitions are official requests to list a species under the ESA. Any interested individual can submit a drafted petition electronically or by mail. The ESA requires that USFWS create and issue certain conclusions on the petition. USFWS or the U.S. National Oceanic and Atmospheric Administration (NOAA) must make a finding within 90 days of getting a petition as to whether there is "substantial information" showing that the petitioned listing may be justified. If this initial finding is positive, USFWS runs a status review. Within one year of getting the petition, USFWS must make an additional finding that the listing is or is not justified. A positive one-year finding can be added into a proposed listing rule or, if a quick proposal is ruled out by other listing actions, the proposal may be delayed. These warranted but precluded determinations need later one-year determinations each year following until a proposed listing rule is published, or a not warranted finding is created.
Species that hit the Endangered Species Act (ESA) definitions of endangered species or threatened species are added to the lists and are eligible for important habitat selection. The conservation benefits for listed threatened and endangered plants and animals include:
Listing gives more recognition to a species' unstable status, helping inspire conservation work by other agencies (foreign, national, state, and local), independent groups, and concerned citizens.
In accordance with congress, all federal agencies must try to preserve endangered and threatened species and use their authorities to help further the goals of the ESA. Likewise, federal agencies are directed to use their authorities to implement conservation programs for listed species. The ESA also requires federal agencies to ensure that any actions they fund, allow, or implement are not likely to put the survival of any endangered or threatened species at risk, or to destroy or negatively change its appointed important habitats. The moment an agency discovers that an action may affect a listed species, it must consult with the USFWS to avoid harming the species or its habitat. If needed, alternatives like project changes or rescheduling are proposed to help completion of the suggested action while still preserving the species or critical habitat.
Further protection is allowed by the ESA, which makes it illegal to take, import, export, or partake in interstate or international trade with listed animals except by permit for particular conservation reasons. Additionally, the ESA makes it illegal to possess, sell, or move any listed species taken in breach of the law. Trade limits are the same as other wildlife when it comes to plants, but the rules on take are not. It is unlawful to collect or spitefully harm any endangered plant on lands under federal control. Removing or hurting listed plants on state and private property in knowing breach of state law, or while breaking a state criminal trespass law, also is unlawful under the ESA. Some states may have stricter laws forbidding the take of state or nationally listed plants and animals.
Under the Lacey Act, it is illegal to import, export, sell, obtain, or buy fish, wildlife or plants that are taken, owned, moved, or sold:
The Lacey Act covers all fish and wildlife and their components or goods, plants protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and wildlife protected by state law.
Originally passed in 1900, the Lacey Act was the first law in the U.S. that protects wildlife. The Act makes it unlawful to trade animals and plants, through regulating import of species protected by any (global or domestic) law. The Act also has provisions to eliminate the spread of invasive, or non-native, species. In 2008, the Lacey Act was revised to cover more banned plants and plant goods. As an example, the revision included imported products that had been created from unlawfully logged woods.
APHIS
The Animal and Plant Health Inspection Service (APHIS), the U.S. National Oceanic and Atmospheric Administration (NOAA), and the U.S. Fish and Wildlife Service (USFWS) manage the Lacey Act. APHIS oversees gathering declarations for imported plants and plant goods and establishing the extent of plant materials that need a declaration. APHIS defined through rulemaking a schedule for applying the declaration requirement:
APHIS still investigates products to include in later phases and will issue notices in the Federal Register to keep stakeholders and citizens properly informed.
The Migratory Bird Treaty Act (MBTA) of 1918 applies four global conservation treaties that the U.S. entered with Canada in 1916, Mexico in 1936, Japan in 1972, and Russia in 1976. It is meant to make sure there is sustainability of populations of all protected migratory bird species.
The law has been revised with the signing of each treaty. It was also amended when any of the treaties themselves were revised, such as with Mexico in 1976 and Canada in 1995. The MBTA bans the take (including killing, seizing, selling, trading, and moving) of protected migratory bird species without permission beforehand by the Department of Interior U.S. Fish and Wildlife Service.
U.S. Fish and Wildlife Service (USFWS) role
The U.S. Fish and Wildlife Service (USFWS) is the agency that looks after the Migratory Bird program. This program aims to conserve birds and preserve established subsistence and outdoor recreational activities that include birds, as well as migratory bird supervision, state partnership, and environmental reviews. The program works with partners like outdoor leisure and sporting groups, conservation institutions, tribes, and state wildlife agencies to preserve habitats needed to aid these species for generations of Americans to come. Acts at the forefront of the Migratory Bird program include the following:
The Endangered Species Act (ESA) of 1973 is a major player for national and worldwide conservation. The goal of the act is to give guidance on how to preserve and protect endangered and threatened species and places they live in. The main federal agencies for carrying out ESA are:
The law requires federal agencies, together with USFWS and/or the NOAA Fisheries Service, to guarantee that actions they approve, fund, or execute are not likely to risk the ongoing existence of any listed organisms or cause the destruction or negative change of important habitats of such wildlife. Also, the law forbids any action that results in the taking of any endangered species. Similarly, import, export, interstate, and foreign trade of listed species are usually all restricted.
By giving states financial assistance and incentives to create and upkeep conservation programs, ESA provides an opportunity to meet many of the United States’ international duties to treaties and conventions like the Convention on International Trade of Endangered Species of Wild Fauna and Flora (CITES) and the Western Hemisphere Convention.
Before a species can gain protection given by the Endangered Species Act (ESA), it needs to first be included on the federal lists of endangered and threatened wildlife and plants. A species is added to this list when the U.S. Fish and Wildlife Service (USFWS) decides that it has met the definition of endangered or threatened given under the ESA. Species can also be taken off the list or delisted when they no longer need ESA protection. Or species may have a change in status and move from threatened to endangered or vice versa (reclassified).
Under the ESA, a species must be listed if it is threatened or endangered due to any of the five reasons:
The ESA requires that listing decisions be based only on the leading scientific and commercial data present. Economic impacts are not regarded in developing species listing decisions and are not allowed under the ESA.
Petitions are official requests to list a species under the ESA. Any interested individual can submit a drafted petition electronically or by mail. The ESA requires that USFWS create and issue certain conclusions on the petition. USFWS or the U.S. National Oceanic and Atmospheric Administration (NOAA) must make a finding within 90 days of getting a petition as to whether there is "substantial information" showing that the petitioned listing may be justified. If this initial finding is positive, USFWS runs a status review. Within one year of getting the petition, USFWS must make an additional finding that the listing is or is not justified. A positive one-year finding can be added into a proposed listing rule or, if a quick proposal is ruled out by other listing actions, the proposal may be delayed. These warranted but precluded determinations need later one-year determinations each year following until a proposed listing rule is published, or a not warranted finding is created.
Species that hit the Endangered Species Act (ESA) definitions of endangered species or threatened species are added to the lists and are eligible for important habitat selection. The conservation benefits for listed threatened and endangered plants and animals include:
Listing gives more recognition to a species' unstable status, helping inspire conservation work by other agencies (foreign, national, state, and local), independent groups, and concerned citizens.
In accordance with congress, all federal agencies must try to preserve endangered and threatened species and use their authorities to help further the goals of the ESA. Likewise, federal agencies are directed to use their authorities to implement conservation programs for listed species. The ESA also requires federal agencies to ensure that any actions they fund, allow, or implement are not likely to put the survival of any endangered or threatened species at risk, or to destroy or negatively change its appointed important habitats. The moment an agency discovers that an action may affect a listed species, it must consult with the USFWS to avoid harming the species or its habitat. If needed, alternatives like project changes or rescheduling are proposed to help completion of the suggested action while still preserving the species or critical habitat.
Further protection is allowed by the ESA, which makes it illegal to take, import, export, or partake in interstate or international trade with listed animals except by permit for particular conservation reasons. Additionally, the ESA makes it illegal to possess, sell, or move any listed species taken in breach of the law. Trade limits are the same as other wildlife when it comes to plants, but the rules on take are not. It is unlawful to collect or spitefully harm any endangered plant on lands under federal control. Removing or hurting listed plants on state and private property in knowing breach of state law, or while breaking a state criminal trespass law, also is unlawful under the ESA. Some states may have stricter laws forbidding the take of state or nationally listed plants and animals.
Before a species can gain protection given by the Endangered Species Act (ESA), it needs to first be included on the federal lists of endangered and threatened wildlife and plants. A species is added to this list when the U.S. Fish and Wildlife Service (USFWS) decides that it has met the definition of endangered or threatened given under the ESA. Species can also be taken off the list or delisted when they no longer need ESA protection. Or species may have a change in status and move from threatened to endangered or vice versa (reclassified).
Under the ESA, a species must be listed if it is threatened or endangered due to any of the five reasons:
The ESA requires that listing decisions be based only on the leading scientific and commercial data present. Economic impacts are not regarded in developing species listing decisions and are not allowed under the ESA.
Petitions are official requests to list a species under the ESA. Any interested individual can submit a drafted petition electronically or by mail. The ESA requires that USFWS create and issue certain conclusions on the petition. USFWS or the U.S. National Oceanic and Atmospheric Administration (NOAA) must make a finding within 90 days of getting a petition as to whether there is "substantial information" showing that the petitioned listing may be justified. If this initial finding is positive, USFWS runs a status review. Within one year of getting the petition, USFWS must make an additional finding that the listing is or is not justified. A positive one-year finding can be added into a proposed listing rule or, if a quick proposal is ruled out by other listing actions, the proposal may be delayed. These warranted but precluded determinations need later one-year determinations each year following until a proposed listing rule is published, or a not warranted finding is created.
Species that hit the Endangered Species Act (ESA) definitions of endangered species or threatened species are added to the lists and are eligible for important habitat selection. The conservation benefits for listed threatened and endangered plants and animals include:
Listing gives more recognition to a species' unstable status, helping inspire conservation work by other agencies (foreign, national, state, and local), independent groups, and concerned citizens.
In accordance with congress, all federal agencies must try to preserve endangered and threatened species and use their authorities to help further the goals of the ESA. Likewise, federal agencies are directed to use their authorities to implement conservation programs for listed species. The ESA also requires federal agencies to ensure that any actions they fund, allow, or implement are not likely to put the survival of any endangered or threatened species at risk, or to destroy or negatively change its appointed important habitats. The moment an agency discovers that an action may affect a listed species, it must consult with the USFWS to avoid harming the species or its habitat. If needed, alternatives like project changes or rescheduling are proposed to help completion of the suggested action while still preserving the species or critical habitat.
Further protection is allowed by the ESA, which makes it illegal to take, import, export, or partake in interstate or international trade with listed animals except by permit for particular conservation reasons. Additionally, the ESA makes it illegal to possess, sell, or move any listed species taken in breach of the law. Trade limits are the same as other wildlife when it comes to plants, but the rules on take are not. It is unlawful to collect or spitefully harm any endangered plant on lands under federal control. Removing or hurting listed plants on state and private property in knowing breach of state law, or while breaking a state criminal trespass law, also is unlawful under the ESA. Some states may have stricter laws forbidding the take of state or nationally listed plants and animals.
Under the Lacey Act, it is illegal to import, export, sell, obtain, or buy fish, wildlife or plants that are taken, owned, moved, or sold:
The Lacey Act covers all fish and wildlife and their components or goods, plants protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and wildlife protected by state law.
Originally passed in 1900, the Lacey Act was the first law in the U.S. that protects wildlife. The Act makes it unlawful to trade animals and plants, through regulating import of species protected by any (global or domestic) law. The Act also has provisions to eliminate the spread of invasive, or non-native, species. In 2008, the Lacey Act was revised to cover more banned plants and plant goods. As an example, the revision included imported products that had been created from unlawfully logged woods.
APHIS
The Animal and Plant Health Inspection Service (APHIS), the U.S. National Oceanic and Atmospheric Administration (NOAA), and the U.S. Fish and Wildlife Service (USFWS) manage the Lacey Act. APHIS oversees gathering declarations for imported plants and plant goods and establishing the extent of plant materials that need a declaration. APHIS defined through rulemaking a schedule for applying the declaration requirement:
APHIS still investigates products to include in later phases and will issue notices in the Federal Register to keep stakeholders and citizens properly informed.
The Migratory Bird Treaty Act (MBTA) of 1918 applies four global conservation treaties that the U.S. entered with Canada in 1916, Mexico in 1936, Japan in 1972, and Russia in 1976. It is meant to make sure there is sustainability of populations of all protected migratory bird species.
The law has been revised with the signing of each treaty. It was also amended when any of the treaties themselves were revised, such as with Mexico in 1976 and Canada in 1995. The MBTA bans the take (including killing, seizing, selling, trading, and moving) of protected migratory bird species without permission beforehand by the Department of Interior U.S. Fish and Wildlife Service.
U.S. Fish and Wildlife Service (USFWS) role
The U.S. Fish and Wildlife Service (USFWS) is the agency that looks after the Migratory Bird program. This program aims to conserve birds and preserve established subsistence and outdoor recreational activities that include birds, as well as migratory bird supervision, state partnership, and environmental reviews. The program works with partners like outdoor leisure and sporting groups, conservation institutions, tribes, and state wildlife agencies to preserve habitats needed to aid these species for generations of Americans to come. Acts at the forefront of the Migratory Bird program include the following:
Different species are protected under various acts. For the Endangered Species Act (ESA), native species of plants and animals, besides pest insects are eligible for protection. The Migratory Bird Treaty Act (MBTA), however, only protects birds.
ESA lists
Under the ESA, species can be listed as endangered or threatened.
Threatened and endangered species reports can be found on the Environmental Conservation Online System (ECOS). There is a list for All Threatened and Endangered Animals and for All Threatened and Endangered Plants.
Additionally, the U.S. Fish and Wildlife Service (USFWS) upkeeps a list of candidate species. These are species for which there is enough data present to warrant suggesting them for listing, but they are ruled out from doing so by greater listing priorities.
There is also a list to identity when a species is delisted or removed from a list. The delisted species can also be found on ECOS.
USFWS delists species for three different reasons:
In accordance with the ESA, when a species recovers and is delisted, it must be looked after where it occurs for a minimum of five years. Examples of species that have been delisted due to recovery include:
Wildlife species globally are often imported into the United States. They may even find their way in by accidentally stowing aboard boats, aircraft, and vehicles. People import all kinds of live wildlife for a wide array of reasons including for use as household pets, for consumption, in decorative ponds, and for scientific research. Occasionally the animals escape into the wild. Sometimes people set them free on purpose.
Injurious wildlife are wild mammals, birds, amphibians, reptiles, fishes, crustaceans, mollusks and their offspring that are injurious to the interests of people, farming, forestry, wildlife or wildlife resources in the United States. Injurious wildlife listing first started in 1900. It continues even now under the oldest federal invasive species law in the United States. It is part of the Lacey Act. The statute provides permission for the Secretary of the Interior to ban importation and certain transport of wildlife species that are formally classified as injurious.
Once a species is placed on the list of injurious wildlife, it cannot be imported into the United States or transferred between the continental United States, the District of Columbia, Hawaii, or the Commonwealth of Puerto Rico, without obtaining a permit.
All species of Salmonidae (salmon, trout, char, grayling, freshwater whitefish) are classified as injurious because of their potential to carry pathogens that can hurt other fish. The only salmonids that are not injurious are the ones imported with a health certification or those that are dead and disemboweled. Twenty genera of salamanders (live, dead, or even parts of them) are classified as injurious due to risk of carrying the fungus Batrachochytrium salamandrivorans that can infect and kill other native amphibians.
Global conversations in the early 1960s started focusing on the rate at which the world’s wildlife was being threatened by unregulated global trade. Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) began in 1975. It became the sole international treaty to ensure that global trade in plants and animals does not harm their survival in the wild. It outlines support for cooperation and partnership among nations to prevent decline in wild populations.
How are species protected?
Cacti, iguanas, and parrots are only a portion of the nearly 35,000 species protected by CITES. Species protected under CITES are listed in one of three appendices: ??
CITES, similar to most laws and treaties, needs the public’s help. Everyone, from citizens to businesses, has a part to play in ensuring the effectiveness of the treaty by:
Migratory bird species protected by MBTA
The list of migratory bird species protected by the Migratory Bird Treaty Act (MBTA) is mainly based on bird families and species included in the four international treaties (U.S. entered with Canada, Mexico, Japan, and Russia). A migratory bird species is part of the list if it meets one or more of the subsequent criteria:
Bird species where MBTA does not apply
The Migratory Bird Treaty Reform Act (MBTRA) of 2004 amended the MBTA. It stated that the MBTA relates only to migratory bird species that are native to the United States or U.S. territories. Amendments explained that a native migratory bird species is one that is present due to natural biological or ecological actions. The MBTRA requires the U.S. Fish and Wildlife Service (USFWS) to issue a list of all nonnative, human-introduced bird species to which the MBTA does not apply. An updated list was issued in 2020. The 2020 update pinpoints species that are part of biological families mentioned in treaties the MBTA implements but are not protected because their occurrence in the United States or U.S. territories is only due to deliberate or accidental human-aided introductions. The following nonnative species are not protected under the MBTA:
Wildlife species globally are often imported into the United States. They may even find their way in by accidentally stowing aboard boats, aircraft, and vehicles. People import all kinds of live wildlife for a wide array of reasons including for use as household pets, for consumption, in decorative ponds, and for scientific research. Occasionally the animals escape into the wild. Sometimes people set them free on purpose.
Injurious wildlife are wild mammals, birds, amphibians, reptiles, fishes, crustaceans, mollusks and their offspring that are injurious to the interests of people, farming, forestry, wildlife or wildlife resources in the United States. Injurious wildlife listing first started in 1900. It continues even now under the oldest federal invasive species law in the United States. It is part of the Lacey Act. The statute provides permission for the Secretary of the Interior to ban importation and certain transport of wildlife species that are formally classified as injurious.
Once a species is placed on the list of injurious wildlife, it cannot be imported into the United States or transferred between the continental United States, the District of Columbia, Hawaii, or the Commonwealth of Puerto Rico, without obtaining a permit.
All species of Salmonidae (salmon, trout, char, grayling, freshwater whitefish) are classified as injurious because of their potential to carry pathogens that can hurt other fish. The only salmonids that are not injurious are the ones imported with a health certification or those that are dead and disemboweled. Twenty genera of salamanders (live, dead, or even parts of them) are classified as injurious due to risk of carrying the fungus Batrachochytrium salamandrivorans that can infect and kill other native amphibians.
Global conversations in the early 1960s started focusing on the rate at which the world’s wildlife was being threatened by unregulated global trade. Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) began in 1975. It became the sole international treaty to ensure that global trade in plants and animals does not harm their survival in the wild. It outlines support for cooperation and partnership among nations to prevent decline in wild populations.
How are species protected?
Cacti, iguanas, and parrots are only a portion of the nearly 35,000 species protected by CITES. Species protected under CITES are listed in one of three appendices: ??
CITES, similar to most laws and treaties, needs the public’s help. Everyone, from citizens to businesses, has a part to play in ensuring the effectiveness of the treaty by:
Global conversations in the early 1960s started focusing on the rate at which the world’s wildlife was being threatened by unregulated global trade. Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) began in 1975. It became the sole international treaty to ensure that global trade in plants and animals does not harm their survival in the wild. It outlines support for cooperation and partnership among nations to prevent decline in wild populations.
How are species protected?
Cacti, iguanas, and parrots are only a portion of the nearly 35,000 species protected by CITES. Species protected under CITES are listed in one of three appendices: ??
CITES, similar to most laws and treaties, needs the public’s help. Everyone, from citizens to businesses, has a part to play in ensuring the effectiveness of the treaty by:
Migratory bird species protected by MBTA
The list of migratory bird species protected by the Migratory Bird Treaty Act (MBTA) is mainly based on bird families and species included in the four international treaties (U.S. entered with Canada, Mexico, Japan, and Russia). A migratory bird species is part of the list if it meets one or more of the subsequent criteria:
Bird species where MBTA does not apply
The Migratory Bird Treaty Reform Act (MBTRA) of 2004 amended the MBTA. It stated that the MBTA relates only to migratory bird species that are native to the United States or U.S. territories. Amendments explained that a native migratory bird species is one that is present due to natural biological or ecological actions. The MBTRA requires the U.S. Fish and Wildlife Service (USFWS) to issue a list of all nonnative, human-introduced bird species to which the MBTA does not apply. An updated list was issued in 2020. The 2020 update pinpoints species that are part of biological families mentioned in treaties the MBTA implements but are not protected because their occurrence in the United States or U.S. territories is only due to deliberate or accidental human-aided introductions. The following nonnative species are not protected under the MBTA:
The activities allowed by permits vary based on whether the species is listed as endangered or threatened under the Endangered Species Act (ESA). An endangered species is at risk of extinction throughout all or a large part of its range. A threatened species is likely to become endangered soon.
Instructions
For endangered species, permits can be issued for:
For threatened species, permits also may be issued for:
An individual can request a captive-bred wildlife registration from the U.S. Fish and Wildlife Service (USFWS) to purchase and sell within the country live, non-native endangered or threatened wildlife that were captive born in the United States for improvement of species reproduction, given the other individual in the sale is registered for the same species. A different permit is required to import or export such species. Be aware that captive-bred wildlife permits are not issued for the purpose of keeping or breeding endangered or threatened animals as household pets. Keeping protected species as pets does not match the purposes of the ESA. After all, it aims to improve species conservation and recovery of wild populations.
Section 10 of the Endangered Species Act (ESA) regulates a large array of actions impacting plants and animals classified as endangered or threatened, as well as their habitats. With a handful of exceptions, the ESA forbids actions impacting these protected species and their habitats unless allowed by a permit from the U.S. Fish and Wildlife Service (USFWS) or the National Marine Fisheries Service (NMFS). Authorized actions are created to be consistent with species preservation.
What are the various kinds of permits?
The USFWS’ Ecological Services program, found in each regional office, issues permits for native endangered and threatened species. The Division of Management Authority oversees issuing import or export permits. NMFS also issues permits involving particular marine species. Permits issued by the USFWS’ Ecological Services program are of three primary kinds:
Scientific purposes or recovery permits are issued to authorize for take as part of actions meant to encourage the recovery of listed species. A classic use of a recovery permit is to assist scientific research on a listed species to help further grasp the species' lifelong survival needs.
To fill out this form, an individual will need the following:
Application processing cost
When the information in an existing application package on file has changed, an applicant needs to apply for an amendment to the valid permit. For example, changes may include adding species to the permit and/or changes in area or actions.
Enhancement of survival permits are issued to non-federal landowners that are part of Safe Harbor Agreements (SHA) or Candidate Conservation Agreements with Assurances (CCAA). These agreements help landowners take actions to improve the lives of species while also giving assurances that they will not be subject to further bureaucratic restrictions due to their conservation activities.
Once the U.S. Fish and Wildlife Service (USFWS) has worked with the potential landowner to make a CCAA or SHA and has decided that the agreement meets the permit issuance criteria, USFWS will unlock the application form so it can be submitted to the USFWS for processing. Prior to beginning to draft an agreement, it is suggested that an individual work with a nearby USFWS office to ensure the agreement meets the policy and permit issuance criteria.
To fill out this form, an individual will need the following:
Application processing cost
The interstate commerce permit application covers actions involving interstate commerce in non-native Endangered Species Act (ESA)-listed animals or foreign commerce in native and non-native ESA-listed animals, whether live or dead, including any identifiable parts, goods, or byproducts.
To fill out this form, an individual will need the following:
Note that alongside gaining this permit for a suggested action, for any commercial activity an individual must get an import/export license from the U.S. Fish and Wildlife Service (USFWS) Office of Law Enforcement.
Application processing cost
Incidental take permits may be utilized when a non-federal entity thinks their otherwise legal actions could cause take of endangered or threatened animal species. A habitat conservation plan (HCP) needs to go along with an incidental take permit application. The habitat conservation plan ensures that the outcomes of the permitted incidental take are properly reduced and alleviated.
Once the U.S. Fish and Wildlife Service (USFWS) has decided that the potential applicant's HCP meets the Endangered Species Act (ESA) incidental take permit issuance criteria, USFWS will unlock the application form so it can be submitted for processing. Prior to beginning to draft the HCP, it is suggested that an individual work with a nearby USFWS office to ensure the HCP meets the policy and permit issuance criteria.
To fill out this form, an individual will need the following:
Application processing cost
Habitat conservation plans (HCPs) under the Endangered Species Act (ESA) allow partnerships with non-federal parties to preserve the ecosystems upon which listed species depend, in time, helping their recovery.
HCPs are planning forms needed as part of an application for an incidental take permit. They explain the following:
HCPs can apply to listed and nonlisted species. This includes those that are candidates or that have been suggested for listing. Conserving species before they are at risk of extinction can supply benefits and prevent the need for listing altogether. When thoughtfully carried out, HCPs give resource managers and property owners the chance to implement legal actions while becoming partners in upkeeping wildlife habitats.
No Surprises assurances
Through the HCP process, the U.S. Fish and Wildlife Service (USFWS) supplies No Surprises assurances to non-federal landowners. Basically, state and private landowners are guaranteed that if unforeseen circumstances emerge USFWS will not demand the commitment of further land, water, or monetary compensation or further limits on the use of land, water, or other natural resources past the extent agreed to in the HCP without the consent of the permitholder. The government will uphold these assurances provided that the permitholders are applying the HCP terms and conditions, permits, and other associated records in good faith. The government and permit-holders promise to honor their conservation obligations.
Section 7 of the Endangered Species Act (ESA), called Interagency Cooperation, is the tool by which federal agencies ensure the steps they take, including those they finance or permit, do not harm the ongoing lives of any listed species.
Informal consultation
Under Section 7, federal agencies need to confer with the U.S. Fish and Wildlife Service (USFWS) when any activity the agency performs, finances, or allows (such as through a permit) may impact a listed endangered or threatened species or assigned critical habitat. In the beginning steps of project planning, federal agencies can request technical aid from USFWS. Conversations between the two agencies may include what kinds of listed species could be present in the suggested action location, and what impact the suggested activity could have on those species.
Formal consultation
When a federal agency concludes, through a biological assessment or other type of review, that its activity is likely to negatively impact a listed species, the agency submits a request for formal consultation to the USFWS. USFWS and the agency share details during formal consultation about the suggested project and the species or critical habitat likely to be impacted. Formal consultation could take as long as 90 days. After this time, the USFWS will compose a biological opinion. The result of the biological opinion will explain whether the federal agency has guaranteed that its activity is not likely to risk the ongoing livelihood of a listed species and/or cause the destruction or negative change of critical habitats. USFWS has 45 days after wrapping up a formal consultation to construct the opinion.
To get to a decision in its biological opinion, USFWS starts by checking out the present status of the species. It then weighs the likely outcomes of the suggested federal activity. It also considers any impacts to the species or critical habitat of non-federal activity that are most likely to happen in the activity location.
Critical habitat destruction or modification
Section 7 requires that federal agencies ensure that their actions do not end in the destruction or negative change of critical habitat. Destruction or negative change means a direct or indirect adjustment that worsens the critical habitat altogether for the conservation of a listed species.
Alternatives and incidental take
When a federal agency fails to guarantee that activities are unlikely to avoid risking damage to listed species or cause the destruction or negative change of critical habitat, it could give sensible alternative activities. Alternatives must:
Usually, an activity is most likely to end in the incidental take of a species but is not likely to risk its ongoing livelihood. When this takes place, the USWFS gives the federal agency an incidental take statement with the biological opinion. The anticipated incidental take is not subject to the take banning of the ESA if the federal agency or applicant carries out the terms and conditions outlined in the incidental take statement.
Environmental Conservation Online System (ECOS) is a gateway website that gives access to information systems in the U.S. Fish and Wildlife Service (USFWS) and other government data. This primary point of access helps USFWS workers to oversee data and details. It allows public access to information from countless USFWS databases. ECOS supplies a wide range of reports related to the List of Threatened and Endangered Species. In demand reports include:
ECOS is also home to a few other conservation instruments including Geospatial Fisheries Information Network (GeoFIN) and Information for Planning and Consultation (IPAC).
Who needs a declaration?
A person does, if...(all must apply)
A person does NOT, if...(at least one must apply)
Wood packaging materials
As of October 1, 2021, importers must file a Lacey declaration for new wooden products in HTSUS 4415 that previously arrived in the United States as merchandise. Under the Lacey Act, there is an exception to the import declaration rule for plants used only as packaging material (shipping containers, cases, crates, drums, and pallets) to aid, protect, or carry additional goods, unless the packaging material itself is the good being imported. Also, APHIS does not mandate that U.S. importers file a Lacey declaration for secondhand, recycled, and reclaimed wooden products regardless of whether it is empty or under load, that are used to bring imported items into the United States.
Bamboo products
Filing a Lacey Act declaration is not required for imported goods composed of bamboo if the bamboo was planted for the motive of harvesting and business use. If the bamboo was harvested from wild stands or if the origin is unknown, then an individual needs to file a Lacey Act declaration.
Instruments shipped internationally for performances
Filing a Lacey Act declaration is not required for musical instruments if U.S. Customs Border Protection (CBP) decides the imported instrument is an informal entry. However, filing a Lacey Act declaration is required if CBP classifies the importation as a formal entry.
The Importer of Record or their agent can electronically file the Lacey Act Plant and Plant Product Declaration form (PPQ 505 declaration) using one of these options:
It is not necessary to mail a physical declaration if a person submits it electronically. By going with the digital option, an individual will not only be more environmentally friendly but also gain these crucial benefits:
If needed, a person may file a paper declaration using PPQ Form 505.
The United States government uses the system, Automated Commercial Environment (ACE) to process imports and exports. Importers can use ACE to submit Animal and Plant Health Inspection Service (APHIS)-mandated import information for APHIS-regulated products.
APHIS and U.S. Customs and Border Protection (CBP) collaborate jointly to prevent the spread of harmful plant pests and animal diseases within the United States. APHIS, as well as countless other U.S. government agencies, need importers to file certain data with CBP about the goods they are carrying into the United States. This data helps APHIS and CBP make prompt choices about the acceptability of imported goods.
The SAFE Port Act of 2006 caused CBP to develop ACE in order to digitally gather and share import information that they and their partner government entities usually got in paper form. ACE is part of a greater government-wide plan called the International Trade Data System (ITDS). Its goal is to streamline the import/export procedure for companies.
After a successful test run in 2016, CBP required the use of ACE for gathering Lacey Act declarations. The Lacey Act fights trafficking in unlawful wildlife, fish, and plants. It makes it illegal to import particular plants and plant goods without an import declaration.
The Lacey Act Web Governance System (LAWGS) is a web application geared toward the public. It allows United States importers to declare the plant and plant good substances being imported. The declaration is mandated by the Lacey Act Amendment.
The goal of LAWGS is to aid in the creation, submission and overall review of the Plant and Plant Product Declaration (PPQ Form 505/505b). Importers must get a United States Department of Agriculture (USDA) e-Authentication Level 1 account to access LAWGS. The system allows users to make their own organizations with identified Organization Administrators. The administrators have full control when it comes to adding members, removing them, and upkeeping organization data. The user organization guarantees confidentiality. It helps distribute artifacts and templates within the organization.
The data gathered by LAWGS includes the information that explains the shipment and consent with Lacey Act requirements. Shipment details include the following:
Compliance information includes the following:
The exporter can only see their organization’s data, and not others. LAWGS allows the PPQ Lacey Act Program (LAP) officials to review the submitted declaration for precision and completion. Inaccurate declarations can be sent back to the importers for fixing and resubmission. LAWGS creates the PPQ Form 505/505B with all information gathered in Portable Document Format (PDF) form. The importer can file the electronic declaration form or print the digital form for their own documentation.
The Migratory Birds and Habitat Program in part, issues Migratory Bird Treaty Act (MBTA) permits to allow individuals or corporations to take or possess birds for particular reasons including:
Teachers
Education permits are separated two various ways. Use of birds in general is named Educational Use whereas use of eagles specifically is named Exhibition. If live birds are involved, they are titled live permits. If specimens, mounted birds, bones, nests, feathers, non-viable eggs, and additional parts are involved, they are titled dead permits. One permit can allow the use of live and dead birds. Added permits however, are required for birds and eagles.
Educational Use
Educational Use permits allow the custody of migratory birds for conservation teaching reasons. This includes live birds, dead birds, or both.
Permit information
Exhibition
Eagle Exhibition permits allow the custody of live eagles or dead eagles (mounts, feathers, bones, etc.) for conservation teaching uses. Common uses of these permits include having live eagles or eagle parts on exhibit for conservation teaching or used in conservation teaching programs.
Restrictions
Native American feather
This permit allows Native Americans to possess eagle feathers and other parts for religious purposes.
Permit information
Restrictions
Special purpose - utility
A national Utility permit allows utilities to gather, move, and briefly possess migratory birds found dead on utility sites, structures, and rights-of-way for mortality surveying reasons. The permit may be used for post-construction monitoring projects like searcher efficiency and scavenger removal trials. This permit may also allow relocation or demolition of active nests in emergency situations. Utilities include communication towers, electric, wind, solar, and other power creation, and transmission operations.
Permit information
Scientific collecting
Scientific Collecting permits allow scientific research and museum collection of nationally protected birds, besides eagles.
Permit information
Game bird propagation
A national Game Bird permit is needed to detain and sell captive-reared game birds. Game birds include pigeons, doves, coots, rails, and species like that. Game birds cannot be taken from the wild.
Permit information
The subsequent species are eligible for propagation under this permit:
Waterfowl sale and disposal
A national Waterfowl Sale and Disposal permit allows the sale, gift, release, or other disposal of waterfowl. Waterfowl species include those in the family Anatidae (ducks, geese, brant, and swans). Waterfowl and their eggs cannot be taken from the wild.
Permit information
Notes
Depredation is damage or loss due to birds. Depredation permits help lessen damage done to crops/livestock, private land, human health (including airports), and protected wildlife. As a last resort, project teams within a company may get a depredation permit from the U.S. Fish and Wildlife Service (USFWS) to allow the take of birds under the Migratory Bird Treaty Act (MBTA) for otherwise legal actions. But these permits are only to be used when public safety is at risk or techniques to prevent nesting cannot be carried out. All attempts should be made during project planning, timing, and location preparation to avoid needing a depredation permit.
This take under the depredation permit can include any migratory birds excluding eagles and threatened and endangered species. These permits identify the species, techniques, and the amount of birds that may be taken. The permits are only valid for the individuals listed on the permits, the permit areas named, and dates of the permit. Applicants who apply for this permit need to apply to the USFWS Regional Office. The application process includes the following:
A depredation permit is NOT needed to:
Permit information
During the project impact analysis process, developers should pinpoint project-related outcomes relevant to migratory birds and the conservation steps that will take place to mitigate them. Under the National Environmental Protection Act (NEPA) framework, Migratory Bird Treaty Act (MBTA) conservation steps may fall into a minimum of one of the five categories. Each category manages the impact extent to birds from a certain project or action differently. A mitigation measure could:
Measures can be ecological or habitat-based (those that are targeted at conserving or compensating for impacts to bird environment) or avian mortality-based (those that are targeted at lowering sources of direct death to birds).
What is the USFWS doing to lower mortality?
The U.S. Fish and Wildlife Service (USFWS) supplies data and help to organizations and citizens seeking to create projects in a way that lowers impacts on birds and their environments. Some of the resources USFWS supplies are voluntary framework, best practice tips, and details and resources for developers for conducting environmental reviews aiming for bird-friendly projects. The Migratory Bird Program provides training for businesses and partners to:
How can individuals help?
Everyone can pitch in to protect migratory birds. Whether it is taking actions around a workplace, developing bird-friendly projects, or simply lowering resource use, each activity is one step closer to protecting migratory birds for future generations. Some easy measures that can be taken include:
Section 10 of the Endangered Species Act (ESA) regulates a large array of actions impacting plants and animals classified as endangered or threatened, as well as their habitats. With a handful of exceptions, the ESA forbids actions impacting these protected species and their habitats unless allowed by a permit from the U.S. Fish and Wildlife Service (USFWS) or the National Marine Fisheries Service (NMFS). Authorized actions are created to be consistent with species preservation.
What are the various kinds of permits?
The USFWS’ Ecological Services program, found in each regional office, issues permits for native endangered and threatened species. The Division of Management Authority oversees issuing import or export permits. NMFS also issues permits involving particular marine species. Permits issued by the USFWS’ Ecological Services program are of three primary kinds:
Scientific purposes or recovery permits are issued to authorize for take as part of actions meant to encourage the recovery of listed species. A classic use of a recovery permit is to assist scientific research on a listed species to help further grasp the species' lifelong survival needs.
To fill out this form, an individual will need the following:
Application processing cost
When the information in an existing application package on file has changed, an applicant needs to apply for an amendment to the valid permit. For example, changes may include adding species to the permit and/or changes in area or actions.
Enhancement of survival permits are issued to non-federal landowners that are part of Safe Harbor Agreements (SHA) or Candidate Conservation Agreements with Assurances (CCAA). These agreements help landowners take actions to improve the lives of species while also giving assurances that they will not be subject to further bureaucratic restrictions due to their conservation activities.
Once the U.S. Fish and Wildlife Service (USFWS) has worked with the potential landowner to make a CCAA or SHA and has decided that the agreement meets the permit issuance criteria, USFWS will unlock the application form so it can be submitted to the USFWS for processing. Prior to beginning to draft an agreement, it is suggested that an individual work with a nearby USFWS office to ensure the agreement meets the policy and permit issuance criteria.
To fill out this form, an individual will need the following:
Application processing cost
The interstate commerce permit application covers actions involving interstate commerce in non-native Endangered Species Act (ESA)-listed animals or foreign commerce in native and non-native ESA-listed animals, whether live or dead, including any identifiable parts, goods, or byproducts.
To fill out this form, an individual will need the following:
Note that alongside gaining this permit for a suggested action, for any commercial activity an individual must get an import/export license from the U.S. Fish and Wildlife Service (USFWS) Office of Law Enforcement.
Application processing cost
Incidental take permits may be utilized when a non-federal entity thinks their otherwise legal actions could cause take of endangered or threatened animal species. A habitat conservation plan (HCP) needs to go along with an incidental take permit application. The habitat conservation plan ensures that the outcomes of the permitted incidental take are properly reduced and alleviated.
Once the U.S. Fish and Wildlife Service (USFWS) has decided that the potential applicant's HCP meets the Endangered Species Act (ESA) incidental take permit issuance criteria, USFWS will unlock the application form so it can be submitted for processing. Prior to beginning to draft the HCP, it is suggested that an individual work with a nearby USFWS office to ensure the HCP meets the policy and permit issuance criteria.
To fill out this form, an individual will need the following:
Application processing cost
Habitat conservation plans (HCPs) under the Endangered Species Act (ESA) allow partnerships with non-federal parties to preserve the ecosystems upon which listed species depend, in time, helping their recovery.
HCPs are planning forms needed as part of an application for an incidental take permit. They explain the following:
HCPs can apply to listed and nonlisted species. This includes those that are candidates or that have been suggested for listing. Conserving species before they are at risk of extinction can supply benefits and prevent the need for listing altogether. When thoughtfully carried out, HCPs give resource managers and property owners the chance to implement legal actions while becoming partners in upkeeping wildlife habitats.
No Surprises assurances
Through the HCP process, the U.S. Fish and Wildlife Service (USFWS) supplies No Surprises assurances to non-federal landowners. Basically, state and private landowners are guaranteed that if unforeseen circumstances emerge USFWS will not demand the commitment of further land, water, or monetary compensation or further limits on the use of land, water, or other natural resources past the extent agreed to in the HCP without the consent of the permitholder. The government will uphold these assurances provided that the permitholders are applying the HCP terms and conditions, permits, and other associated records in good faith. The government and permit-holders promise to honor their conservation obligations.
Section 7 of the Endangered Species Act (ESA), called Interagency Cooperation, is the tool by which federal agencies ensure the steps they take, including those they finance or permit, do not harm the ongoing lives of any listed species.
Informal consultation
Under Section 7, federal agencies need to confer with the U.S. Fish and Wildlife Service (USFWS) when any activity the agency performs, finances, or allows (such as through a permit) may impact a listed endangered or threatened species or assigned critical habitat. In the beginning steps of project planning, federal agencies can request technical aid from USFWS. Conversations between the two agencies may include what kinds of listed species could be present in the suggested action location, and what impact the suggested activity could have on those species.
Formal consultation
When a federal agency concludes, through a biological assessment or other type of review, that its activity is likely to negatively impact a listed species, the agency submits a request for formal consultation to the USFWS. USFWS and the agency share details during formal consultation about the suggested project and the species or critical habitat likely to be impacted. Formal consultation could take as long as 90 days. After this time, the USFWS will compose a biological opinion. The result of the biological opinion will explain whether the federal agency has guaranteed that its activity is not likely to risk the ongoing livelihood of a listed species and/or cause the destruction or negative change of critical habitats. USFWS has 45 days after wrapping up a formal consultation to construct the opinion.
To get to a decision in its biological opinion, USFWS starts by checking out the present status of the species. It then weighs the likely outcomes of the suggested federal activity. It also considers any impacts to the species or critical habitat of non-federal activity that are most likely to happen in the activity location.
Critical habitat destruction or modification
Section 7 requires that federal agencies ensure that their actions do not end in the destruction or negative change of critical habitat. Destruction or negative change means a direct or indirect adjustment that worsens the critical habitat altogether for the conservation of a listed species.
Alternatives and incidental take
When a federal agency fails to guarantee that activities are unlikely to avoid risking damage to listed species or cause the destruction or negative change of critical habitat, it could give sensible alternative activities. Alternatives must:
Usually, an activity is most likely to end in the incidental take of a species but is not likely to risk its ongoing livelihood. When this takes place, the USWFS gives the federal agency an incidental take statement with the biological opinion. The anticipated incidental take is not subject to the take banning of the ESA if the federal agency or applicant carries out the terms and conditions outlined in the incidental take statement.
Scientific purposes or recovery permits are issued to authorize for take as part of actions meant to encourage the recovery of listed species. A classic use of a recovery permit is to assist scientific research on a listed species to help further grasp the species' lifelong survival needs.
To fill out this form, an individual will need the following:
Application processing cost
When the information in an existing application package on file has changed, an applicant needs to apply for an amendment to the valid permit. For example, changes may include adding species to the permit and/or changes in area or actions.
Enhancement of survival permits are issued to non-federal landowners that are part of Safe Harbor Agreements (SHA) or Candidate Conservation Agreements with Assurances (CCAA). These agreements help landowners take actions to improve the lives of species while also giving assurances that they will not be subject to further bureaucratic restrictions due to their conservation activities.
Once the U.S. Fish and Wildlife Service (USFWS) has worked with the potential landowner to make a CCAA or SHA and has decided that the agreement meets the permit issuance criteria, USFWS will unlock the application form so it can be submitted to the USFWS for processing. Prior to beginning to draft an agreement, it is suggested that an individual work with a nearby USFWS office to ensure the agreement meets the policy and permit issuance criteria.
To fill out this form, an individual will need the following:
Application processing cost
The interstate commerce permit application covers actions involving interstate commerce in non-native Endangered Species Act (ESA)-listed animals or foreign commerce in native and non-native ESA-listed animals, whether live or dead, including any identifiable parts, goods, or byproducts.
To fill out this form, an individual will need the following:
Note that alongside gaining this permit for a suggested action, for any commercial activity an individual must get an import/export license from the U.S. Fish and Wildlife Service (USFWS) Office of Law Enforcement.
Application processing cost
Incidental take permits may be utilized when a non-federal entity thinks their otherwise legal actions could cause take of endangered or threatened animal species. A habitat conservation plan (HCP) needs to go along with an incidental take permit application. The habitat conservation plan ensures that the outcomes of the permitted incidental take are properly reduced and alleviated.
Once the U.S. Fish and Wildlife Service (USFWS) has decided that the potential applicant's HCP meets the Endangered Species Act (ESA) incidental take permit issuance criteria, USFWS will unlock the application form so it can be submitted for processing. Prior to beginning to draft the HCP, it is suggested that an individual work with a nearby USFWS office to ensure the HCP meets the policy and permit issuance criteria.
To fill out this form, an individual will need the following:
Application processing cost
Habitat conservation plans (HCPs) under the Endangered Species Act (ESA) allow partnerships with non-federal parties to preserve the ecosystems upon which listed species depend, in time, helping their recovery.
HCPs are planning forms needed as part of an application for an incidental take permit. They explain the following:
HCPs can apply to listed and nonlisted species. This includes those that are candidates or that have been suggested for listing. Conserving species before they are at risk of extinction can supply benefits and prevent the need for listing altogether. When thoughtfully carried out, HCPs give resource managers and property owners the chance to implement legal actions while becoming partners in upkeeping wildlife habitats.
No Surprises assurances
Through the HCP process, the U.S. Fish and Wildlife Service (USFWS) supplies No Surprises assurances to non-federal landowners. Basically, state and private landowners are guaranteed that if unforeseen circumstances emerge USFWS will not demand the commitment of further land, water, or monetary compensation or further limits on the use of land, water, or other natural resources past the extent agreed to in the HCP without the consent of the permitholder. The government will uphold these assurances provided that the permitholders are applying the HCP terms and conditions, permits, and other associated records in good faith. The government and permit-holders promise to honor their conservation obligations.
Section 7 of the Endangered Species Act (ESA), called Interagency Cooperation, is the tool by which federal agencies ensure the steps they take, including those they finance or permit, do not harm the ongoing lives of any listed species.
Informal consultation
Under Section 7, federal agencies need to confer with the U.S. Fish and Wildlife Service (USFWS) when any activity the agency performs, finances, or allows (such as through a permit) may impact a listed endangered or threatened species or assigned critical habitat. In the beginning steps of project planning, federal agencies can request technical aid from USFWS. Conversations between the two agencies may include what kinds of listed species could be present in the suggested action location, and what impact the suggested activity could have on those species.
Formal consultation
When a federal agency concludes, through a biological assessment or other type of review, that its activity is likely to negatively impact a listed species, the agency submits a request for formal consultation to the USFWS. USFWS and the agency share details during formal consultation about the suggested project and the species or critical habitat likely to be impacted. Formal consultation could take as long as 90 days. After this time, the USFWS will compose a biological opinion. The result of the biological opinion will explain whether the federal agency has guaranteed that its activity is not likely to risk the ongoing livelihood of a listed species and/or cause the destruction or negative change of critical habitats. USFWS has 45 days after wrapping up a formal consultation to construct the opinion.
To get to a decision in its biological opinion, USFWS starts by checking out the present status of the species. It then weighs the likely outcomes of the suggested federal activity. It also considers any impacts to the species or critical habitat of non-federal activity that are most likely to happen in the activity location.
Critical habitat destruction or modification
Section 7 requires that federal agencies ensure that their actions do not end in the destruction or negative change of critical habitat. Destruction or negative change means a direct or indirect adjustment that worsens the critical habitat altogether for the conservation of a listed species.
Alternatives and incidental take
When a federal agency fails to guarantee that activities are unlikely to avoid risking damage to listed species or cause the destruction or negative change of critical habitat, it could give sensible alternative activities. Alternatives must:
Usually, an activity is most likely to end in the incidental take of a species but is not likely to risk its ongoing livelihood. When this takes place, the USWFS gives the federal agency an incidental take statement with the biological opinion. The anticipated incidental take is not subject to the take banning of the ESA if the federal agency or applicant carries out the terms and conditions outlined in the incidental take statement.