Endangered Species

Summary:

This article argues that the courts should have invoked Alaska’s public trust doctrine, which prevents the granting of preferences over state natural resources. The courts should have also rigorously examined the BOG’s wolf killing policies and protected the wolf as a valuable public trust resource. The BOG’s wolf killing policies have not been supported by the public, leading to ballot initiatives to protect the wolf. Congress is currently considering the Protect America’s Wildlife Act, which will prevent the same day airborne hunting of Alaska’s wolves.

Summary:

A “best science available” directive appears in a variety of environmental law statutes. Although seemingly clear, this directive has created an abundance of litigation with various plaintiffs challenging agency decisions under the Administrative Procedure Act’s (APA) arbitrary and capricious standard of review. Since agencies are given broad discretion in their decisions—even those based on science—this Comment argues for clear congressional guidelines in best science available directives, because only such guidelines would ensure greater agency compliance with congressional intent, give courts more direction in reviewing agency decisions under the APA, and, in the long run, maximize the scientific integrity of agency rules and decisions. In the environmental and wildlife protection contexts, this will ensure that agencies achieve Congress’s objectives, resulting in greater species protection.

Summary:

The People's Republic of China harbors a vast number of plant and animal species, but those species have long been threatened by a thriving illegal trade. China became a signatory to the Convention on International Trade in Endangered Species in 1981 and has since passed a number of wildlife protection laws and regulations in an effort to curb the illegal trade and begin revitalizing some of its nearly-extinct animal populations. This article critically examines China's legislation and judicial decisions, concluding that much work remains to be done to protect endangered species in China.

Summary: These ESA (Endangered Species Act) regulations relate to agreements with the states, or signed documented statements of the actions to be taken by the State(s) and the Secretary in furthering the purposes of the Act. The Secretary is authorized by the Act to cooperate with any State which establishes and maintains an adequate and active program for the conservation of various endangered and threatened species.

Summary: These ESA (Endangered Species Act) regulations outline the rules for joint or interagency actions under the Act. Specifically, the regulations state that each federal agency shall confer with the Service (USFWS) on any action which is likely to jeopardize the continued existence of any proposed species or result in the destruction or adverse modification of proposed critical habitat; confer on the coordination of biological assessments and consultations; and confer regarding Fire Plan Project rules, among other things.

Summary: These ESA (Endangered Species Act) regulations pertain to the protection of marine and anadromous species.

Summary: These ESA (Endangered Species Act) regulations relate to certificate of exemptions for pre-Act endangered species part under the general regulations for endangered and threatened marine species. The Assistant Administrator may issue permits for scientific purposes or for the enhancement of the propagation or survival of the affected endangered or threatened species in accordance with these regulations. Any person to whom a Certificate of Exemption has been issued by the National Marine Fisheries Service may apply to the Assistant Administrator for renewal of such certificate.

Summary:

These ESA (Endangered Species Act) regulations relate to "experimental populations," an introduced and/or designated population that has been so designated in accordance with the procedures of this subpart but only when, and at such times as the population is wholly separate geographically from nonexperimental populations of the same species.  The Secretary may designate as an experimental population a population of endangered or threatened species that has been or will be released into suitable natural habitat outside the species' current natural range (but within its probable historic range, absent a finding by the Director in the extreme case that the primary habitat of the species has been unsuitably and irreversibly altered or destroyed).  Any population determined by the Secretary to be an experimental population shall be treated as if it were listed as a threatened species for purposes of establishing protective regulations under section 4(d) of the Act with respect to such population.

Summary: This Subpart of the ESA regulations allows the designation of a species, which is not Endangered or Threatened but closely resembles an Endangered or Threatened species, as a "de facto" Endangered or Threatened species if the director of the USFWS determines the listing is necessary. Factors that influence this decision include the degree of difficulty enforcement personnel would have in distinguishing the species from an Endangered or Threatened species (including those cases where the criteria for recognition of a species are based on geographical boundaries); the additional threat posed to the Endangered or Threatened species by the loss of control occasioned because of the similarity of appearance; and the probability that so designating a similar species will substantially facilitate enforcement and further the purposes and policy of the Act.

Summary: These Endangered Species Act regulations relate to threatened species. Included in the provisions are requirements for obtaining permits to take such species for one of the following purposes: scientific purposes, or the enhancement of propagation or survival, or economic hardship, or zoological exhibition, or educational purposes, or incidental taking, or special purposes consistent with the purposes of the Act. Also included are special rules for certain mammals, reptiles, birds, and fishes among other species.