Endagered Species Act (ESA)

• The goal of the ESA is to give guidance on how to preserve and protect endangered and threatened species and places they live in.
• USFWS and NOAA are the federal agencies that carry out ESA.

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:

• U.S. Fish and Wildlife Service (USFWS)
  • The USFWS upkeeps a global list of endangered species, involving birds, insects, fish, reptiles, mammals, crustaceans, flowers, grasses, and trees.
• U.S. National Oceanic and Atmospheric Administration (NOAA) Fisheries Service

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.

Lacey Act

• The Lacey Act covers all fish and wildlife and their components or goods, plants protected by CITES and wildlife protected by state law.
• APHIS oversees gathering declarations for imported plants and plant goods and establishing what needs a declaration.

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:

1. In breach of U.S. or Indian law, or
2. In interstate or foreign commerce including any fish, wildlife, or plants taken, owned, or sold in breach of state or foreign law.

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:

• Phases 1, 2, and 3 went into action in 2009;
• Phase 4 was in 2010;
• Phase 5 was in 2015; and
• Phase 6 was in 2021.

APHIS still investigates products to include in later phases and will issue notices in the Federal Register to keep stakeholders and citizens properly informed.

Migratory Bird Treaty Act (MBTA)

• MBTA makes sure there is sustainability of populations of all protected migratory bird species.
• USFWS is the agency that looks after the Migratory Bird program.

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:

• Migratory Bird Treaty Act (MBTA),
• Migratory Bird Hunting and Conservation Stamp Act, and
• The Bald and Golden Eagle Protection Act.

Lacey Act protected

• Under the Lacey Act, the Secretary of the Interior can 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 without obtaining a permit.

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.

Migratory Bird Treaty Act (MBTA)

• The list of migratory bird species protected by MBTA is mainly based on bird families and species included in the four international treaties.
• European starlings, rock pigeons, house sparrows, mute swans, and upland gamebirds are not protected under the MBTA.

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:

• It happens in the United States or U.S. territories due to natural biological or ecological actions and is presently, or was listed prior as, a species or in a family protected by one of the international treaties or their amendments.
• Revised taxonomy causes it to become recently split from a species that used to be on the list, and the new species is found in the United States or U.S. territories due to natural biological or ecological actions.
• Recent information prevails for its natural existence in the United States or U.S. territories due to natural distributional changes and the species occurs in a protected family.

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:

• European starlings,
• Rock (feral) pigeons,
• House sparrows,
• Mute swans, as well as
• Upland gamebirds like grouse, turkey, and quail.

ESA permits

• Permits issued by the USFWS’ Ecological Services program are of three primary kinds incidental take, enhancement of survival, or recovery and interstate commerce.

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:

• 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.
• Enhancement of survival permits are issued to non-federal landowners that are part of Safe Harbor Agreements or Candidate Conservation Agreements with Assurances.
• Recovery and interstate commerce permits are issued to authorize take as part of actions meant to promote the recovery of listed species. Interstate commerce permits also authorize the movement and sale of listed species across state lines. This transport could be for reasons such as a breeding program.

Environmental Conservation Online System (ECOS)

• ECOS is a gateway website that gives access to information systems in the USFWS and other government data.
• ECOS is home to other conservation instruments including GeoFIN and IPAC.

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:

• All Threatened and Endangered Animals
• All Threatened and Endangered Plants
• Critical Habitat Report
• Delisted Species
• Listed Species Summary
• Reclassified Species

ECOS is also home to a few other conservation instruments including Geospatial Fisheries Information Network (GeoFIN) and Information for Planning and Consultation (IPAC).

• The GeoFIN mapper is an interactive device that allows an individual to look at barriers to fish passage across the U.S. It also allows a person to model removal of these barriers in the watershed. It creates profiles and reports for a certain geographic location and can probe the USFWS fish passage barrier database.
• IPaC is a project planning device which streamlines the environmental review process by supplying data on the area of listed species and other USFWS resources which may be impacted by a project. IPaC can aid in identifying threatened or endangered species, critical habitat, migratory birds, or other natural resources that could be affected by a project, based on a location set by the user.

Lacey Act product declaration

• A person does not need a declaration if the product has no plant matter.
• 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.

Who needs a declaration?

A person does, if...(all must apply)

• The product has plant matter, and
• The product is categorized under a Harmonized Tariff Schedule (HTS) code listed on Animal and Plant Health Inspection Service's (APHIS) Implementation Schedule, and
• The shipment is imported as an official entry, and
• The shipment falls under one of these entry type codes: 01, 02, 03, 06 (exclusions apply for certain situations), 07, 31, 32, 34, 38, or 52.

A person does NOT, if...(at least one must apply)

• The product has no plant matter, or
• The product falls in one of these categories of exempt products (unless the product is protected, then a declaration is necessary):
  • Common Cultivars and Common Food Crops, or
  • Scientific specimens for lab/field research solely, or
  • Plants that will stay planted or will be planted/replanted
• The product is hand-carried in personal luggage or arrives by international mail, or
• The shipment is an informal entry, or
• The shipment has finished products that are not categorized under one of the Harmonized Tariff Schedule of the United States (HTSUS) code on APHIS’ implementation schedule, even if some of the matter used to make the product might otherwise need a declaration, or
• The shipment will not stay in the United States (in-bond movements and carnets), or
• The shipment satisfies the de minimis requirement (containing a minimal quantity of plant matter).

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.

Electronic filing of the PPQ 505 declaration

• The Importer of Record or their agent can electronically file a PPQ 505 declaration using ACE or LAWGS.
• It is not necessary to mail a physical declaration if a person submits it electronically.

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:

• Automated Commercial Environment (ACE) – The CBP ACE system is the main route for filing Lacey Act declarations. The ACE portal gives a compacted online access point to connect CBP, trade agents, and cooperative government agencies involved in importing goods into the country. Via the portal, an individual can file the digital information mandated by Animal and Plant Health Inspection Service’s (APHIS’) Lacey Act Program. To apply for an ACE account, individuals should get in touch with CBP or go to their website. To find help with filing the Lacey Act declaration in ACE, individuals should utilize CBP and Trade Automated Interface Requirements (CATAIR) found on CBP’s website.
• Lacey Act Web Governance System (LAWGS) – Otherwise, a person can file the Lacey Act declaration through LAWGS. It is APHIS’ web-based interface designed for importers and brokers who would rather not file digitally in ACE. LAWGS makes it possible to upload huge Lacey Act declaration information with the Extensible Markup Language (XML) option.

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:

• Making submission time faster;
• Lowering business expenses for paper, printers, copiers, ink and toner cartridges;
• Decreasing the cost of packaging and postage stamps;
• Obtaining an electronic record of submission; and
• Minimizing paper record storage.

If needed, a person may file a paper declaration using PPQ Form 505.

MBTA permits

• MBTA permits can be issued for scientific research, teaching, breeding, rehabilitation, and helping lower damage by birds.
• Educational Use permits allow the custody of migratory birds for conservation teaching reasons.
• Only public parties like museums, scientific organizations, or zoological parks are allowed to apply for eagle exhibition permits.

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:

• Scientific research,
• Teaching,
• Breeding,
• Rehabilitation, and
• Helping lower issues or damage by birds.

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

• Fee: $75
• Duration: Three years
• Application (dead only): Form 3-200-10d
• Application (live): Form 3-200-10c
• Reporting: Annual (January 31)
• Annual report (dead only): Form 3-202-5
• Annual report (live): Form 3-202-3
• Regulation: 50 CFR 21.27

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

• Eagles may not be held for individual use as pets.
• Only public parties like museums, scientific organizations, or zoological parks are allowed to apply for eagle exhibition permits. The word public includes government and non-profit organizations. Individuals or for-profit organizations cannot be issued these permits
• Custody of live eagles or eagle parts is forbidden without a permit. Dissimilar to migratory birds, Association of Zoos and Aquariums (AZA) accredited places do not have a regulatory exception for possession of live eagles.

Native American feather

This permit allows Native Americans to possess eagle feathers and other parts for religious purposes.

Permit information

• Fee: None
• Duration: Lifetime
• Regulation: 50 CFR 22.22,
• Application: Form 3-200-15A
• Reporting: None

Restrictions

• Permits are issued to an individual not a tribe as a whole.
• Applicants must be enrolled members of federally acknowledged tribes as known by the Bureau of Indian Affairs.
• Applicants must be a minimum of 18 years old.

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

• Fee: $100
• Duration: Three years
• Application: Form 3-200-81
• Reporting: Annual (January 31)
• Annual report: Form 3-202-17
• Regulation: 50 CFR 21.27

Scientific collecting

Scientific Collecting permits allow scientific research and museum collection of nationally protected birds, besides eagles.

Permit information

• Fee: $100
• Duration: Up to three years
• Application: Form 3-200-7
• Reporting: Annual (January 31)
• Annual report: Form 3-202-1
• Regulation: 50 CFR 21.23

MBTA conservation

• Under NEPA framework, MBTA conservation steps may fall into a minimum of one of five categories.

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:

1. Avoid creating a stressor/impact to birds entirely by not taking a particular measure;
2. Lower the exposure of birds to project-related stressors by limiting the extent of the activity and its application;
3. Correct the effects of an impact by fixing, rehabilitating, or restoring the affected habitat;
4. Lessen or remove the stressor/impact over time; or
5. Make up for the impact by replacing or giving alterative resources or habitats.

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:

• Help understand their legal roles;
• Know where to go to acquire the information and tools for successful bird conservation; and
• Comprehend the benefits of partnerships and how to more directly utilize these opportunities.

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:

• Participating in citizen science bird monitoring programs such as eBird, Breeding Bird Survey, Christmas Bird Counts, or Urban Bird Treaties;
• Lowering energy and water consumption;
• Recycling and using recycled products;
• Analyzing a home and office space for risk of bird/glass collisions and executing best practices;
• Keeping cats inside only;
• Minimizing use of chemicals outside;

Marine Mammal Protection Act (MMPA)

• The MMPA bans the take of marine mammals in United States waters and by citizens on the high seas.
• MMPA authority is divided between USFWS and NMFS.

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:

• Included protection for population stocks as well as to species and subspecies. A population stock is a group of marine mammals of the same species or lesser taxa (group) in a related area that interbreed.
• Moved the burden from resource managers to users to model how suggested taking of marine mammals would not negatively impact the resource or the habitat.
• Established the idea optimum sustainable populations to ensure healthy environments. Before the MMPA, the overseeing of marine species was aimed at creating a maximum sustainable yield to ensure the species replenished for a proper harvest in the future.
• Directed federal agencies to revise international agreements, like the Convention for the Regulation of Whaling and the North Pacific Fur Seal Convention, so they match the protections described in 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:

1. Pre-MMPA specimens taken before December 21, 1972;
2. International Agreements entered by the United States before December 21, 1972;
3. Alaska natives;
4. Scientific studies, public exhibition, improving the survival or recovery of a species, and incidental take in commercial fisheries; and
5. Waivers authorized by the U.S. Government.

Wild Bird Conservation Act (WBCA)

• The WBCA ensures that exotic bird species are not hurt by international trade and it supports wild bird conservation programs in countries of origin.

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:

• Birds native to the 50 States and the District of Columbia.
• Two parrot species: budgie (Melopsittacus undulatus) and cockatiel (Nymphicus hollandicus)
• Birds in the following families:
  • Anatidae (ducks, swans, and geese)
  • Cracidae (guans and currasows)
  • Dromaiinae (emus)
  • Gruidae (cranes)
  • Megapodidae (megapodes)
  • Numididae (guineafowl)
  • Phasianidae (pheasants and quails)
  • Rheidae (rheas)
  • Struthionidae (ostriches)
• Also, permits are NOT necessary for authorized captive-bred birds.

Process for listing

• Under the ESA, a species must be listed if it is threatened or endangered due to any five specific reasons outlined.
• Petitions are official requests to list a species under the ESA.

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:

1. Current or threatened destruction, change, or decrease of its habitat or range;
2. Over-use of the species for business, leisure, scientific, or educational intentions;
3. Disease or predation;
4. Lack of present regulatory tools; and
5. Other natural or human made reasons affecting its ongoing existence.

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.

Means of protection

• Listing gives more recognition to a species' unstable status, helping inspire conservation work by other agencies, independent groups, and concerned citizens.
• The ESA makes it illegal to possess, sell, or move any listed species taken illegally.

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:

• Protection from federal actions risking safety;
• Security of important habitats from being destroyed or negatively changed;
• Restrictions on take and trade; a requirement that the U.S. Fish and Wildlife Service (USFWS) create and carry out recovery plans for listed species under U.S. jurisdiction;
• Permission to seek land purchases or exchanges for critical habitat; and
• Federal funds for state conservation divisions with joint endangered species agreements.

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.

Convention on International Trade in Endangered Species of wild Fauna and Flora (CITES)

• CITES became the sole international treaty to ensure that global trade in plants and animals does not harm their survival in the wild.
• Species protected under CITES are listed in one of three appendices.

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: ??

• Appendix I involves species threatened with extinction and supplies the highest amount of protection, including limits on commercial trade.
  • Examples include gorillas, sea turtles, most lady slipper orchids, and giant pandas.
• Appendix II involves species that, even though they are not presently threatened with extinction, could end up so without trade controls. It also includes species that look like other listed species and must be managed to properly control trade with those other listed species.
  • The majority of CITES species are listed in Appendix II.
  • Examples include American ginseng, paddlefish, lions, American alligators, mahogany, and a multitude of corals.
• Appendix III involves species for which a range country has requested other parties to assist in managing international trade.
  • Examples include map turtles, walrus, and Cape stag beetles.

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:

• Becoming aware of what wildlife and wildlife goods are protected and getting necessary permits.
• Knowing how unsustainable wildlife trade affects wild populations.
• Teaching others about the importance of preserving the animals and plants that are part of this world.
• Reporting breaches of CITES and other national wildlife laws.

Scientific purposes or recovery permits

• 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.

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:

• New recovery permit
  • Identification of species and action.
  • Identification of area of the suggested action.
  • Explanation of the suggested actions.
  • Permission from federal, tribal, state, county, municipal, or foreign government to carry out the proposed action.
• Renewal/amendment of an existing valid recovery permit (with changes)
  • Up-to-date annual reports and any further necessary reports under currently valid permit.
  • List of covered species that will be added or withdrawn.
  • List of permissible individuals who will be added or withdrawn along with updated resumes for all permitted individuals.
  • Explanation of change to covered actions and/or conservation actions.
  • Explanation of the change in the area of suggested action.
  • Explanation of any further modifications or revisions.
• Renewal of an existing valid recovery permit (without changes)
  • Up-to-date annual reports and any further necessary reports under currently valid permit.

Application processing cost

• New permit
  • $100
• Renewal of permit
  • $100
  • If an individual is applying to renew a valid permit, the complete application package must be received at the minimum 30 days before the expiration of the current valid permit to prevent a gap in permit coverage.
• Amendment to a permit
  • $50: an amendment to a valid permit is requested at a time other than renewal.
  • $0 to transfer a current valid permit.

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 propagation or survival permits

• Enhancement of survival permits are issued to non-federal landowners that are part of SHA or CCAA.

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:

• New enhancement of survival permit o Identification of species and action.
  • Identification of area of the suggested action.
  • Permission from federal, tribal, state, county, municipal, or foreign government to carry out the proposed action.
• Renewal/amendment of an existing valid enhancement of survival permit (with changes)
  • List of covered species that will be added or withdrawn,
  • Explanation of change to covered actions and/or conservation actions.
  • Explanation of the change in the area of suggested action.
  • Explanation of any further modifications or revisions.
• Renewal/re-issue of an existing valid enhancement of survival permit (without changes)
  • Up-to-date annual reports and any further necessary reports under currently valid permit.

Application processing cost

• New permit
  • $50 [or fee exempt (attach reasoning if mandatory)]
• Renew/substantively amend an existing valid permit (with major changes)
  • $50 [or fee exempt (attach reasoning if mandatory)]
• Amend an existing valid permit (with minor changes) at a time other than permit renewal
  • $25 [or fee exempt (attach reasoning if mandatory)]
• Renew/re-issue an existing valid permit (without changes)
  • $50 [or fee exempt (attach reasoning if mandatory)]
• Transfer an existing valid permit
  • $0

Interstate commerce permits

• The interstate commerce permit application covers actions involving interstate commerce in non-native ESA-listed animals or foreign commerce in native and non-native ESA-listed animals.

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:

• Source of specimen (captive-bred or wild).
• Signed and dated breeder’s declaration or other applicable records depending on the specimen source (e.g., Species360 report for captive bred specimens or collection permits for wild source specimens). Species360 is a non-profit organization that provides conservationists with evidence-centered findings.
• Records showing that the suggested action will improve the reproduction or survival of the species.
• Qualifications and resumes of the personnel in charge of the suggested action. If appropriate, data on the receiving institution’s current facilities.
• Applicable records to prove the legal purchase and transfer of the specimens.

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

• $100

Incidental take

• 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.

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:

• New incidental take permit and supplementary information for renewal or amendment of an existing valid permit (with changes)
  • Identification of species and action.
  • Identification of area of the suggested action.
  • Explanation of the suggested actions.
  • Permission from federal, tribal, state, county, municipal, or foreign government to carry out the proposed action.
• Renewal/amendment of an existing valid incidental take permit (with changes)
  • Up-to-date annual reports and any further necessary reports under currently valid permit.
  • List of covered species that will be added or withdrawn.
  • Explanation of change to covered actions and/or conservation actions.
  • Explanation of the change in the area of suggested action.
  • Explanation of any further modifications or revisions.
• Renewal of an existing valid incidental take permit (without changes)
  • Up-to-date annual reports and any further necessary reports under currently valid permit.
• Transfer/partial transfer/succession of an existing valid incidental take permit (the individual to whom the permit is being transferred to applies for the transfer)
  • Submission of a new application that is signed by the transferee or successor with a signed assumptions agreement.

Application processing cost

• New permit
  • $100 [or fee exempt (attach reasoning if mandatory)]
• Renew/substantively amend an existing valid permit (with major changes)
  • $100 [or fee exempt (attach reasoning if mandatory)]
• Amend an existing valid permit (with minor changes) at a time other than permit renewal
  • $50 [or fee exempt (attach reasoning if mandatory)]
• Renew an existing valid permit (without changes)
  • $100 [or fee exempt (attach reasoning if mandatory)]
• Transfer an existing valid permit
  • $0

Habitat conservation plan

• HCPs can apply to listed and nonlisted species.
• Through the HCP process, USFWS supplies No Surprises assurances to non-federal landowners.

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:

• The predicted outcomes of the suggested taking;
• How those effects will be lessened, or alleviated; and
• How the HCP will be financed.

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 consultation

• Formal Section 7 consultation could take as long as 90 days, after which the USFWS will compose a biological opinion.
• Section 7 requires that federal agencies ensure that their actions do not end in the destruction or negative change of critical habitat.

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:

• Be in line with the purpose of the suggested project;
• Be in line with the federal agency’s legal authority;
• Be financially and technically practical; and
• In the opinion of the USFWS, avoid the chance of harming the ongoing livelihood of listed species or the destruction or negative change of critical habitat.

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.

Automated Commercial Environment (ACE)

• Importers can use ACE to submit APHIS-mandated import information for APHIS-regulated products.

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.

Lacey Act Web Governance System (LAWGS)

• LAWGS allows United States importers to declare the plant and plant good substances being imported.
• Importers must get a USDA e-Authentication Level 1 account to access LAWGS.

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:

• Estimate Date of Arrival,
• Entry Number,
• Container Number,
• Bill of Lading,
• Manufacturing Identification Code,
• Importer Name,
• Importer Address,
• Consignee Name,
• Consignee Address, and
• Description of Merchandise.

Compliance information includes the following:

• Harmonized Tariff Code (HTSUS Number),
• Value,
• Article/Component of Article,
• Plant Scientific Name (Genus and Species),
• Country of Harvest,
• Quantity of Plant Material,
• Unit of Measure, and
• Percent Recycled.

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.

Captive propagation permits

• A national Game Bird permit is needed to detain and sell captive-reared game birds.
• A national Waterfowl Sale and Disposal permit allows the sale, gift, release, or other disposal of waterfowl.

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

• Fee: $75
• Duration: Three years
• Application: Form 3-200-10e
• Reporting: Annual (January 31)
• Annual report: Form 3-202-16
• Transfer form: Form 3-186A
• Regulation: 50 CFR 21.27

The subsequent species are eligible for propagation under this permit:

• Scolopacidae, (Common snipe and American woodcock)
• Columbidae, (Band-tailed pigeon, Bridled quail-dove, Common ground-dove, Inca dove, Key West quail dove, Mourning dove, Plain pigeon, Red-billed pigeon, Ruddy ground-dove, Ruddy quail-dove, Scaly-naped pigeon, White-crowned pigeon, White-tipped dove, White-winged dove, Zenaida dove)
• Gruidae, (Sandhill crane (except Mississippi subspecies)
• Rallidae, (Clapper rail, King rail, Virginia rail, Sora rail, Purple gallinule, American coot and Common moorhen)

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

• Fee: $75
• Duration: Five years
• Application: Form 3-200-9
• Reporting: Annual (January 31)
• Annual report: Form 3-202-2
• Transfer form: Form 3-186
• Regulation: 50 CFR 21.25

Notes

• Purchasing: A permit is not necessary to buy or obtain correctly marked, captive-reared waterfowl.
• Mallards and Muscovy ducks: A national permit is not required to raise and sell correctly marked, captive-reared mallards or Muscovy ducks.

Depredation permit

• Depredation permits help lessen damage done to crops/livestock, private land, human health, and protected wildlife.
• Take under the depredation permit can include any migratory birds excluding eagles and threatened and endangered species.

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:

1. The request contacts United States Department of Agriculture (USDA) Wildlife Services for technical help.
2. If a permit is warranted, a USDA biologist will issue a WS Form 37 to the individual.
3. The requestor must submit a permit application to the USFWS including form 37 and the applicable permit application fee.

A depredation permit is NOT needed to:

• Harass or haze birds (minus eagles), given the person does not cause nest abandonment.
• Destroy an inactive nest (a nest without a viable egg or chick).
• Take birds NOT protected under MBTA or other regulations, like European starlings, Rock (feral) pigeons, and house sparrows.

Permit information

• Fee: $100
• Duration: One year
• Application form: Form 3-200-13
• Reporting: Annual (January 31)
• Annual report form: Form 3-202-9
• Regulation: 50 CFR 21.41