The proposed policy is intended to guide the Agencies in making decisions about adding species to the federal list of threatened and endangered species. The policy explains the agencies authority for considering future conservation efforts and voluntary conservation efforts when making listing decisions under the Endangered Species Act. The policy also identifies criteria that must be satisfied for the agencies to determine that a conservation effort makes listing unnecessary or contributes to forming a basis for listing a species as threatened rather than endangered . For example, the criteria require that all laws and regulations necessary to implement the conservation effort be in place and that the parties that will implement the conservation effort provide a high level of certainty that they will obtain the necessary funding.
The agencies hope that by defining the level of certainty needed to ensure conservation efforts will be implemented and effective, the policy will help states, local governments, and others prepare conservation agreements or plans that will make listing of declining species unnecessary.
Although development and implementation of conservation agreements and plans have been an effective means of achieving protection of species and restoration of habitats, the U.S. Fish and Wildlife Services decision to withdraw a proposal to list the Barton Springs salamander in Texas and the National Marine Fisheries Services decision to withdraw a proposal to list the Oregon Coast coho salmon based on conservation plans developed by the States were overturned by the courts. The agencies then listed those species. This policy will help define for all parties a set of standards by which the agencies will evaluate all future and voluntary efforts in determining whether to use those efforts in making a decision not to list a species.
Keeping species off of the endangered species list should be our goal. We hope this policy will encourage states and others to initiate and expand efforts to conserve species before they reach this critical stage, said U.S. Fish and Wildlife Service Director Jamie Rappaport Clark. Penelope Dalton, the National Marine Fisheries Services Assistant Administrator for Fisheries added, This policy will let everyone know up front what standards conservation agreements and plans must meet to keep species off the list.
Publication of the draft policy in the Federal Register dated June 13, 2000, opens a public comment period which expires on August 12, 2000. Comments on the proposal must be postmarked no later than August 12, 2000. Send comments to the Chief of the Division of Endangered Species, U.S. Fish and Wildlife Service, MS-ARLSQ420, 1849 C Street, NW, Washington, DC 20240.
The U.S. Fish and Wildlife Service is the principal federal agency responsible for conserving, protecting and enhancing fish, wildlife and plants and their habitats for the continuing benefit of the American people. The Service manages the 93-million-acre National Wildlife Refuge System which encompasses more than 520 national wildlife refuges, thousands of small wetlands and other special management areas. It also operates 66 national fish hatcheries, 64 fishery resource offices and 78 ecological services field stations. The agency enforces federal wildlife laws, administers the Endangered Species Act, manages migratory bird populations, restores nationally significant fisheries, conserves and restores wildlife habitat such as wetlands, and helps foreign governments with their conservation efforts. It also oversees the Federal Aid program that distributes hundreds of millions of dollars in excise taxes on fishing and hunting equipment to state fish and wildlife agencies.
The National Marine Fisheries Service is the principal steward of the nations living marine resources, regulating the nations commercial and recreational fisheries and conserving and managing marine species under the Magnuson-Stevens Fishery Conservation and Management Act throughout federal waters which extend 200 miles from the coastline. An agency of the Commerce Departments National Oceanic and Atmospheric Administration, NOAA Fisheries also protects marine and anadromous species under the Endangered Species Act and the Marine Mammal Protection Act.
