Environmental Engineering Reference
In-Depth Information
Services (USFWS) identifies and lists all other endan-
gered and threatened species. Any decision by either
agency to add or remove a species from the list must
be based on biological factors alone, without consider-
ation of economic or political factors. Economic factors
can be used in deciding whether and how to protect
endangered habitat, and in developing recovery plans
for listed species.
The ESA also forbids federal agencies (except the
Defense Department) to carry out, fund, or authorize
projects that would jeopardize an endangered or
threatened species or to destroy or modify the critical
habitat it needs to survive. For offenses committed on
private lands, fines as high as $100,000 and one year in
prison can be imposed to ensure protection of the habi-
tats of endangered species.
The ESA makes it illegal for Americans to sell or
buy any product made from an endangered or threat-
ened species. These species cannot be hunted, killed,
collected, or injured in the United States. This protec-
tion has been extended to threatened and endangered
foreign species.
In 2003, the George W. Bush administration pro-
posed eliminating protection of foreign species, creat-
ing an uproar among conservationists. With this rule
change, U.S. hunters, circuses, and the pet industry
could pay individuals or governments to kill, capture,
and import animals that are on the brink of extinction
in other countries.
9-4 PROTECTING WILD SPECIES:
THE LEGAL APPROACH
Global Outlook and Politics:
International Treaties
International treaties have helped reduce the
international trade of endangered and threatened
species, but enforcement is difficult.
Several international treaties and conventions help
protect endangered or threatened wild species. One of
the most far reaching is the 1975
Convention on Interna-
tional Trade in Endangered Species (CITES).
This treaty,
now signed by 166 countries, lists some 900 species that
cannot be commercially traded as live specimens or
wildlife products because they are in danger of extinc-
tion. It also restricts international trade of 29,000 other
species because they are at risk of becoming threatened.
CITES has helped reduce international trade in
many threatened animals, including elephants, croco-
diles, and chimpanzees. Unfortunately, the effects of
this treaty are limited because enforcement varies from
country to country, and convicted violators often pay
only small fines. Also, member countries can exempt
themselves from protecting any listed species, and
much of the highly profitable illegal trade in wildlife
and wildlife products goes on in countries that have
not signed the treaty.
The
Convention on Biological Diversity (CBD),
rati-
fied by 190 countries, legally binds signatory govern-
ments to reversing the global decline of biological
diversity. Its implementation has been slow because
some key countries such as the United States have not
ratified it. Also, it contains no severe penalties or other
enforcement mechanisms.
x
H
OW
W
OULD
Y
OU
V
OTE
?
Should the U.S. Endangered
Species Act no longer protect threatened and endangered
species in other countries? Cast your vote online at
http://www.biology.brookscole.com/miller11.
Between 1973 and 2005, the number of U.S. species
on the official endangered and threatened list in-
creased from 92 to about 1,260 species—60% of them
plants and 40% animals. According to a 2000 study by
the Nature Conservancy, one-third of the country's
species are actually at risk of extinction, and 15% of all
species are at high risk. This is far more than the 1,260
species on the ESA list. The study also found that many
of the country's rarest and most imperiled species are
concentrated in a few hot spots (Figure 9-17).
The ESA generally requires the secretary of the in-
terior to designate and protect the
critical habitat
needed for the survival and recovery of each listed
species. So far, critical habitats have been established
for only one-third of the species on the ESA list, mostly
because of political pressure and a lack of funds. Since
2001, the government has stopped listing new species
and designating critical habitats for listed species un-
less required to do so by court order.
Getting a species listed is only half the battle.
Next, the USFWS or the NMFS is supposed to prepare
Science and Politics: The U.S. Endangered
Species Act
One of the world's most far-reaching and
controversial environmental laws is the Endangered
Species Act, which was passed in 1973.
The United States controls imports and exports of en-
dangered wildlife and wildlife products through two
laws. The
Lacey Act of 1900
prohibits transporting live
or dead wild animals or their parts across state borders
without a federal permit. The
Endangered Species Act of
1973 (ESA;
amended in 1982, 1985, and 1988) was de-
signed to identify and legally protect endangered
species in the United States and abroad. This act is
probably the most far-reaching environmental law
ever adopted by any nation, which has made it contro-
versial. Canada and a number of other countries have
similar laws.
The National Marine Fisheries Service (NMFS) is
responsible for identifying and listing endangered and
threatened ocean species. The U.S. Fish and Wildlife
