WSP11543 - Laserfiche WebLink

Home Browse Search

". uJ2295 . . .. v. "RecoveI)' Plans" .- Section 3 A The Recovery Plan Reauirement. Secretary (through FWS) must develop and implement recoveI)' plans for conservation and survival of listed plant and animal species, unless the SecretaI)' finds that such plan will nol promote species conservation. 16 U.S.c. ~ 1533(1). B. Description of a Recovery Plan. t. PrimaI)' objective: delisting of the species from the endangered and threatened species list. 2. Initially, a recovery planning team of experts is assembled. 3. Implementation Schedule: identifies agency task assignments, priorities, and funding necessary to achieve declared objectives. 4. Each plan must incorporate: a. description of site-specific management actions necessary to achieve the plan's goal; b. "objective, measurable criteria" which, when met, will result in delisting; c. time and cost estimates for achieving the intermediate and final plan goals. 16 U.S.c. ~1533(1). 5. The draft plan is sent to the FWS regional director, the EPA Office of Endangered Species, affected federal and state agencies, conservation groups, and industI)'. 6. After reviewing public comments, a final plan is prepared and sent to the regional director for approval. 7. Implementation Schedule is used as b".dine for review of permit and exception proposals, section 7 consultations, and funding proposals. VI. The ESA's Effect on Private Parties A Indirect effects. 1. Private parties who have applied for necessary federal permits or agency action must await the outcome of the section 7 consultation process. 2. Such parties may be subject to measures required by the Secretary to mitigate incidental takings. 3. If action for which a permit is sought is found to be likely to jeopardize species in question or alter critical habitat, the permit may be denied. B. Direct effects. 1. Knowing violation of prohibit: .:;;s pertaining to: a. endangered species -- up to a year in prison and $50,000 fine; also, a civil penalty of up to $25,000. 16 U.S.c. ~1540(a)&(b). b. threatened species -- up to six months in prison and $25,000 fine; also, subject to a civil penalty of up to $12,000. Id. 2. Additionally, the Secretary may revoke the license or permit of any person convicted of criminal violation of the Act. 3. Unknowing violation of prohibitions may result in assessment of a civil penalty of up to $500.