Endangered Species Act Processes
5-Year ReviewsUnder the Endangered Species Act, the Fish and Wildlife Service is required to conduct a review of each listed species at least once every five years to ensure that the listing of species is still accurate. A 5-year review is purely an assessment of a listed species to determine whether its status should change or remain the same. A 5-Year Review does not “start a clock” or trigger any changes in management of listed species or their habitat. A 5-year review collects and considers the best available scientific and commercial data regarding the species that has become available since the original listing determination. A 5-year review assesses whether:
After the 5-year review is completed, the Service will recommend whether a change in the species’ listing status is warranted. If the Service recommends that a change is warranted, the agency may propose to reclassify or delist a species. If the agency does propose a change, it would go through a formal rule-making process, including public review and comment, as defined in the ESA. The Delisting Process (pdf) The Service has been initiating 5-year reviews for all listed species. The Service will continue to initiate reviews for about 20% of listed species each year nationwide. Washington Fish and Wildlife Office 5-Year Reviews:Northern spotted owl (pdf)Marbled murrelet (pdf) Golden paintbrush (pdf) Pygmy rabbit (pdf) Wenatchee Mts Checker-mallow (pdf) Showy Stickseed (pdf)
Petition FindingsSection 4(b)(3) of the Endangered Species Act of 1973 allows any interested individual to petition the Fish and Wildlife Service to: (1) List; (2) delist; or (3) reclassify species or to revise a listed species critical habitat. After receiving a petition, we review and gather further information before concluding one of the following: (1) That there is not substantial data and therefore the action being petitioned is “not warranted; ( 2) that there is substantial data but there are other species with higher priority for actions; or (3) data supports need to take action. For further information and guidance in the petition process, please see the following links: Petition Management Guidance (pdf)
90-Day FindingsIssaquah Creek KokaneeSUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the summer-run Issaquah Creek kokanee (Oncorhynchus nerka) as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). We find that the petition does not present substantial scientific or commercial information indicating that the summer-run Issaquah Creek kokanee may represent a distinct population segment, and therefore a listable entity, under section 3(16) of the Act. Therefore, we will not be initiating a further status review in response to this petition. (10/23/07) Issaquah Creek Kokanee Finding (pdf)
12-Month FindingsIsland Marble ButterflySUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the island marble butterfly (Euchloe ausonides insulanus) under the Endangered Species Act of 1973, as amended (Act). After review of all available scientific and commercial information, we find that the petitioned action is not warranted. Furthermore, the Service and the National Park Service (NPS) have entered into a Conservation Agreement that implements conservation measures specifically addressing the needs of the island marble butterfly. We request that you submit any new information concerning the status of and threats to this subspecies whenever it becomes available. We will continue to collaborate with our partners to expand the conservation efforts that have been instituted by several landowners on currently occupied habitat. (11/14/06) Island Marble Butterfly 12-Month Finding (pdf)
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