Atlantic Salmon in Maine (2004) / Chapter Skim
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Appendix A: Endangered Species Act Basics
Appendix A: Endangered Species Act Basics
Pages 227-232
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From page 227... ...
The policy of FWS for listing distinct population segments allows the agency broad discretion in its interpretation of distinctness criteria. Biological distinctness is not a requisite factor, as the agency is free to use geographical and political boundaries to describe a "species" eligible for listing.
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From page 228... ...
A species may be listed if it is considered threatened or endangered for one or more of the following reasons: habitat reduction, overharvesting, disease or predation, absence of adequate protective measures, and other unspecified factors that may contribute to its imperiled condition. Listing decisions are to be made solely on the basis of the best scientific and commercial information available at the time, without regard to political or economic interests.
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From page 229... ...
They are expected to contain measurable recovery criteria, such as population size and survival rate, replacement or recruitment rate, amount of available and occupied habitat, habitat in protected status, number and distribution of discreet populations, measures to alleviate threats, and other protective and conservation measures to be undertaken by other state and federal agencies. They also need to specify an intended schedule for needed recovery actions and to forecast projected costs.
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From page 230... ...
"Take" is very broadly defined to include harassment or harm to the species in addition to shooting, trapping, collecting, and other actions. The somewhat vague concept of harm has been legally interpreted to include habitat modification to the extent that it kills or injures listed wildlife or interferes with their essential behavioral functions such as feeding, nesting, and breeding.
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From page 231... ...
The flexibility allowed in Section 4(d) for species protected under state law has enabled adoption of regional natural community conservation plans in California that spell out permitted and prohibited activities that could result in take of threatened species listed under this statutory provision.
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From page 232... ...
232 ATLANTIC SALMON IN MAINE through water withdrawals or pollution, they could come under the regulatory sweep of the ESA. This interpretation could also apply to aquaculture activities that reduce the genetic integrity or threaten natural populations of Atlantic salmon in DPS rivers with disease or infestation by parasites.
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