Difference between revisions of "Special Status Species"

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Although both laws allowed for the adoption of regulations allowing take of listed native plants, it is only under CESA that regulations were promulgated that allowed for take incidental to development projects.  Since no such regulations were ever developed under the NPPA there is currently no mechanism for permitting take incidental to most development projects of the sixty-four plant species that remained listed as rare under the NPPA; agricultural and nursery operations are exempt under the NPPA as well as certain maintenance and other activities after proper notification.  The current lack of a regulatory mechanism to permit take of NPPA rare species may create an impasse for many projects.<ref>[https://www.wra-ca.com/cfgc-proposes-rare-plants-receive-regulatory-treatment-threatened-endangered-candidate-species/ WRA: CFGC Proposes that Rare Plants Receive Same Regulatory Treatment as Threatened, Endangered, and Candidate Species]</ref>
 
Although both laws allowed for the adoption of regulations allowing take of listed native plants, it is only under CESA that regulations were promulgated that allowed for take incidental to development projects.  Since no such regulations were ever developed under the NPPA there is currently no mechanism for permitting take incidental to most development projects of the sixty-four plant species that remained listed as rare under the NPPA; agricultural and nursery operations are exempt under the NPPA as well as certain maintenance and other activities after proper notification.  The current lack of a regulatory mechanism to permit take of NPPA rare species may create an impasse for many projects.<ref>[https://www.wra-ca.com/cfgc-proposes-rare-plants-receive-regulatory-treatment-threatened-endangered-candidate-species/ WRA: CFGC Proposes that Rare Plants Receive Same Regulatory Treatment as Threatened, Endangered, and Candidate Species]</ref>
  
===Sensitive species (Federal and California)===
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===Sensitive species (Federal)===
 
The Bureau of Land Management<ref name="BLM">[http://www.blm.gov/wy/st/en/programs/pcp/species/sensitive.html U.S. Dept of Interior: BLM Sensitive Species]</ref> and U.S. Forest Service <ref name=FS>[http://www.fs.fed.us/biology/tes/ USDA Forest Service: Threatened, Endangered, & Sensitive Species]</ref> maintain regional lists of Sensitive species.  These species are present on land managed by those agencies which are at risk of becoming threatened or endangered. Once listed as sensitive, the agencies make land management decisions based on preventing those species from becoming listed. These conservation efforts are intra-agency initiatives. There is no external agency that enforces sensitive species policies. In the Forest Service, this activity is managed by the Threatened, Endangered, and Sensitive Species Program.<ref name=FS/>
 
The Bureau of Land Management<ref name="BLM">[http://www.blm.gov/wy/st/en/programs/pcp/species/sensitive.html U.S. Dept of Interior: BLM Sensitive Species]</ref> and U.S. Forest Service <ref name=FS>[http://www.fs.fed.us/biology/tes/ USDA Forest Service: Threatened, Endangered, & Sensitive Species]</ref> maintain regional lists of Sensitive species.  These species are present on land managed by those agencies which are at risk of becoming threatened or endangered. Once listed as sensitive, the agencies make land management decisions based on preventing those species from becoming listed. These conservation efforts are intra-agency initiatives. There is no external agency that enforces sensitive species policies. In the Forest Service, this activity is managed by the Threatened, Endangered, and Sensitive Species Program.<ref name=FS/>
  

Revision as of 06:25, 8 April 2016

A summary of an environmental topic examined by the ENVS_560/L_Watershed_Systems class at CSUMB.

Summary

Special Status Species is a universal term used in the scientific community for species that are considered sufficiently rare that they require special consideration and/or protection and should be, or have been, listed as rare, threatened or endangered by the Federal and/or State governments.

Statutes affecting the California Central Coast

Federal Acts

The Endangered Species Act (ESA) was signed into law in 1973[1] and has been revised through time since its inception. The purpose of the ESA is to provide a means to preserve ecosystems used by threatened and endangered species by creating critical habitat[2]. These species are legally protected and California and Federal agencies are required to prevent further decline of listed species.

California Acts

The California Endangered Species Act (CESA) was signed into law in 1970[3]. It states that all native species of fishes, amphibians, reptiles, birds, mammals, invertebrates, and plants, and their habitats, threatened with extinction and those experiencing a significant decline which, if not halted, would lead to a threatened or endangered designation, will be protected or preserved. The California Department of Fish and Wildlife (CDFW) will work with all interested persons, agencies and organizations to protect and preserve such sensitive resources and their habitats.[3] The criteria for rare and endangered designations was formalized in the California Species Preservation Act.

The Native Plant Protection Act (NPPA) was enacted in 1977 and allows the Fish and Game Commission to designate plants as rare or endangered. The NPPA directs the CDFW to carry out the intent to "preserve, protect and enhance rare and endangered plants in this State." The NPPA gave the California Fish and Game Commission the power to designate native plants as endangered or rare, and to require permits for collecting, transporting, or selling such plants.[4]

In 1983, the California Environmental Quality Act (CEQA) was amended to define and protect rare and endangered species. Rare species were reclassified as threatened, candidate species were introduced, and plants were included.[5]

Designations for special species

There are many, agency specific, special status designations (full list of designations) and have different legal implications. Listed species are those that have been listed under the ESA or CESA. There are other designations that do not carry the same legal weight, but serve to draw attention to at-risk species.

'Listed' species (Federal and California)

Under the ESA designations, a species is listed under one of two categories, endangered or threatened, depending on its status and the degree of threat it faces. These species are legally protected and Federal agencies are required to prevent further decline of listed species. To help conserve genetic diversity, the ESA defines "species" broadly to include subspecies and distinct vertebrate populations.[6]

  • Endangered species are those which is in danger of extinction throughout all of a significant portion of its range.
  • Threatened species are those which are likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.

Similarly, under the CESA designations, a species is listed under one of two categories, endangered or threatened, depending on its status and the degree of threat it faces. While the State of California works in cooperation with Federal agencies[7], there are some species listed only under CESA designations. These species are legally protected and California agencies are required to prevent further decline of listed species. Also included on this list are animal "Candidates" for state listing.[8]

  • Endangered species are those which is in danger of extinction throughout all of a significant portion of its range.
  • Threatened species are those which are likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.
  • Candidate species are those which are under evaluation to determine a designation.[9]

Species of Special Concern (California)

The CDFW maintain a list of Species of Special Concern (SSC), which encompasses species, subspecies, or distinct populations of animals native to California that currently satisfies one or more of the following (not necessarily mutually exclusive) criteria:[10]

  • it is extirpated from the State or, in the case of birds, in its primary seasonal or breeding role
  • it is listed as threatened or endangered under the ESA but not under the CESA
  • it meets the CESA definition of threatened or endangered but has not formally been listed under the CESA
  • it is experiencing, or formerly experienced, serious (noncyclical) population declines or range retractions (that have not been reversed) that, if continued or resumed, could qualify it for threatened or endangered status under the CESA
  • it has naturally small populations exhibiting high susceptibility to risk from any factor(s), that if realized, could lead to declines that would qualify it for threatened or endangered status under the CESA.

'Watch Listed' Species (California)

The CDFW also maintains a Watch List for species that were previously SSCs but no longer merit SSC status or which do not meet SSC criteria but for which there is concern and a need for additional information to clarify status.[10]

Rare species (California)

Plant species designated as “rare” under the California NPPA.[11] With the 1984 modification of CESA, plants listed as endangered under the NPPA became endangered under CESA, however plants listed as rare under NPPA did not receive a designation under CESA.[3]

Although both laws allowed for the adoption of regulations allowing take of listed native plants, it is only under CESA that regulations were promulgated that allowed for take incidental to development projects. Since no such regulations were ever developed under the NPPA there is currently no mechanism for permitting take incidental to most development projects of the sixty-four plant species that remained listed as rare under the NPPA; agricultural and nursery operations are exempt under the NPPA as well as certain maintenance and other activities after proper notification. The current lack of a regulatory mechanism to permit take of NPPA rare species may create an impasse for many projects.[12]

Sensitive species (Federal)

The Bureau of Land Management[13] and U.S. Forest Service [14] maintain regional lists of Sensitive species. These species are present on land managed by those agencies which are at risk of becoming threatened or endangered. Once listed as sensitive, the agencies make land management decisions based on preventing those species from becoming listed. These conservation efforts are intra-agency initiatives. There is no external agency that enforces sensitive species policies. In the Forest Service, this activity is managed by the Threatened, Endangered, and Sensitive Species Program.[14]

Other designations and associated agencies recognized by CDFW

There are many other designations specific to certain government agencies and conservation organizations. Here is a comprehensive list maintained by CDFW:[15]

  • American Fisheries Society - Endangered
  • American Fisheries Society - Threatened
  • American Fisheries Society - Vulnerable
  • Bureau of Land Management - Sensitive
  • Calif Dept of Forestry & Fire Protection - Sensitive
  • Calif Dept of Fish & Wildlife - Fully Protected
  • Calif Dept of Fish & Wildlife - Species of Special Concern
  • Calif Dept of Fish & Wildlife - Watch List
  • IUCN - Critically Endangered
  • IUCN - Endangered
  • IUCN - Near Threatened
  • IUCN - Vulnerable
  • IUCN - Least Concern
  • IUCN - Data Deficient
  • IUCN - Conservation Dependent
  • Marine Mammal Commission - Species of Special Concern
  • National Marine Fisheries Service - Species of Concern
  • North American Bird Conservation Initiative- Red Watch List
  • North American Bird Conservation Initiative- Yellow Watch List
  • U.S. Forest Service - Sensitive
  • U.S. Fish & Wildlife Service Birds of Conservation Concern
  • Western Bat Working Group - High Priority
  • Western Bat Working Group - Medium-High Priority
  • Western Bat Working Group - Medium Priority
  • Western Bat Working Group - Low-Medium Priority
  • Xerces Society - Critically Imperiled
  • Xerces Society - Imperiled
  • Xerces Society - Vulnerable
  • Xerces Society - Data Deficient

Management Implications of Special Species Designations

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Special status species on the Central Coast (and nationally) are managed by various State and Federal agencies. Special status species must be considered when planning and managing on federal, state, and private lands at various levels depending on the type of special status designation. Part of any environmental impact report is an assessment of the project's effect on special status species, as listed under the California Endangered Species Act.

Listed Species

Once a species is designated as endangered or threatened, Federal protective measures apply. These measure include:

  • Protection from adverse effects of Federal activities
  • Restrictions on taking, transporting, or selling a species
  • Authority for agencies to develop and carry out recovery plans
  • Authority to purchase important habitat
  • Federal aid to California wildlife agencies

Species of Special Concern

Species of Special Concern [16] designation does not confer legal protection but often plays a role in and use decisions. Large development projects, for example, may reject sites with documented Species of Special Concern to avoid complications should the species become listed.

Watch List Species

Incidental take of State Listed Species

While section 2080 of the Fish and Game Code prohibits take of any species that the commission determines to be endangered or threatened, CESA allows for take incidental to otherwise lawful activity through section 2081(b) of the Fish and Game Code. CESA emphasizes early consultation to avoid potential impacts to rare, endangered, and threatened species and to develop appropriate mitigation planning to offset project-caused losses of listed species populations and their essential habitats. For those state-listed species that are also listed under the ESA, CESA allows for consistency determinations with Federal incidental take statements under section 2080.1 of the Fish and Game Code.


.... A full account of the CEQA process can be found here.

See also

Links

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References

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  1. Brief History of the Endangered Species Act
  2. U.S. Fish and Wildlife Service: Endangered Species Act of 1973
  3. 3.0 3.1 3.2 CDFW: California Endangered Species Act (CESA)
  4. Conserving Plants with Laws and Programs under the Department of Fish and Game
  5. CDFW: History of California's Legislative and Regulatory Actions to Protect Wildlife
  6. U.S. Fish and Wildlife: Endangered Species Act section 3
  7. CDFW: Cooperative Agreement Between the CDFW and the USFWS
  8. CDFW: Endangered and Threatened Animals List
  9. CDFW: California's Endangered Species Act Listing Process
  10. 10.0 10.1 CDFW: Species of Special Concern
  11. CDFW: California Laws Protecting Native Plants
  12. WRA: CFGC Proposes that Rare Plants Receive Same Regulatory Treatment as Threatened, Endangered, and Candidate Species
  13. U.S. Dept of Interior: BLM Sensitive Species
  14. 14.0 14.1 USDA Forest Service: Threatened, Endangered, & Sensitive Species
  15. CDFW: Special Animals List
  16. Cite error: Invalid <ref> tag; no text was provided for refs named ssc

Disclaimer

This page may contain students' work completed as part of assigned coursework. It may not be accurate. It does not necessarily reflect the opinion or policy of CSUMB, its staff, or students.