ENDANGERED SPECIES CONSIDERATIONS 



David Watts 



Paralegal Specialist, Office of Endangered Species 



U.S. Fish and Wildlife Service 



Washington, D.C. 



The Endangered Species Act of 1973 (16 U.S.C. 1531, et. seq.) was amended 

 on 10 November 1978, but the basic requirements for agency responsibilities 

 under Section 7 remains unchanged. It says that "each Federal agency shall, 

 in consultation with and with the assistance of the Secretary, insure that any 

 action authorized, funded, or carried out by such agency does not jeopardize 

 the continued existence of any endangered species, or threatened species, or 

 result in the destruction or adverse modification of their critical habitat." 



ENDANGERED SPECIES PROTECTION 



The Fish and Wildlife Service (FWS) and the National Marine Fisheries 

 Service (NMFS) have been delegated the lead responsibility for endangered 

 and threatened species protection in the United States but they still share 

 this responsibility with other agencies. All Federal agencies have to comply 

 with the requirements of the Act, but the FWS must be more conscientious than 

 others. The Defenders of Wildlife brought a case concerning hunting regula- 

 tion into the District Court of Washington, D.C. It was a citizen's suit 

 under 11(g)(2) of the Endangered Species Act. The FWS was going to permit 

 duck hunting a half hour before sunrise. The Defenders felt that the result- 

 ing limited vision could encourage a hunter to shoot the wrong bird, perhaps 

 listed species which happen to be in the area. Although there was an attempt 

 to assure the judge that it was unlikely that this would occur, the judge did 

 not agree. He held that the FWS, more so than any other agency, is obligated 

 to conserve listed species. 



SECTION 7 COMPLIANCE 



Citizens anywhere can challenge the activities of the FWS and any other 

 Federal agency on their compliance with Section 7. Section 11(g)(2) is the 

 reason why the Defenders of the Wildlife suit on the hunting regulations 

 happened. The only restraint in the 11(g)(2) activity is the forum -- it has 

 to be brought into the Federal District Court where the action is occurring. 



On 6 February 1978, the Director (FWS) issued instructions concerning 

 intraservice consultations to all Regions. In his memorandum he stated that 

 the FWS is expected to fulfill its Section 7 responsibility similarly to 

 other Federal agencies. That is, all FWS activities and programs must be 



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