Subspecies and protection

Neil Jones neil at nwjones.demon.co.uk
Thu Feb 8 13:43:13 EST 2001


There seems to be some misunderstanding of how the US Endangered
Species Act covered subpecies of invertebrates. If the US citizens on
the list will pardon my intrusion, my understanding of the legal
position on this is as I stated in a posting a while ago.
I repeat the relevant part below.

Under the US Endangered Species Act, "distinct population segments" of
VERTEBRATES may be listed, but NOT populations of invertebrates or
plants.  Plants and invertebrates must have a scientific name to be
protected under the Endangered Species Act.
To be listed under the Endangered Species Act, a species (or
subspecies) must be "in danger of extinction throughout all or a
significant portion of its range."

A threatened species is one that is "likely to become an endangered
species within the foreseeable future throughout all or a significant
portion of its range."

When the United States Congress wrote the Endangered Species Act, they
specifically stated that ONLY biological and NOT economic data may be
used to determine whether or not to list a species.

Economic data are taken into consideration for critical habitat.
Critical habitat is a legal designation that covers areas that are
occupied or unoccupied by the species that are essential for the
conservation of the species which may require special management
considerations.
Critical habitat is a legal designation that applies only to US federal
agencies - they can not destroy or adversely modify critical habitat.

--
Neil Jones- Neil at nwjones.demon.co.uk http://www.nwjones.demon.co.uk/
"At some point I had to stand up and be counted. Who speaks for the
butterflies?" Andrew Lees - The quotation on his memorial at Crymlyn Bog
National Nature Reserve




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