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7/14/2009 5:01:46 PM
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UCREFRP
UCREFRP Catalog Number
7749
Author
Kohm, K. A., ed.
Title
Editor
USFW Year
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USFW - Doc Type
1991
Copyright Material
YES
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16 The Act's History and Framework <br />technical and jurisdictional issues than on the comprehensive <br />mandate it represented. Five years later, when the Supreme <br />Court ruled in favor of the snail darter in TVA v. Hill, the <br />majority opinion stated that "the plain language of the Act, <br />buttressed by its legislative history, shows clearly that Congress <br />viewed the value of endangered species as incalculable." <br />Listing of Species <br />The authority to list species as threatened or endangered is <br />shared by the National Marine Fisheries Service (NMFS), which <br />is responsible for the listing of most marine species, and the Fish <br />and Wildlife Service (FWS), which administers the listing of all <br />other plants and animals. In contrast to previous statutes, the <br />1973 act provides two classifications under which a species may <br />be listed. Species determined to be in imminent danger of ex- <br />tinction throughout all or a significant portion of their range are <br />listed as "endangered." Species determined likely to become <br />endangered in the foreseeable future are listed as "threatened." <br />Further, distinct populations may be listed even if the species is <br />abundant in other portions of its range. The criteria for endan- <br />germent must be based solely on biological evidence and the <br />best scientific and/or commercial data available. Moreover, ad- <br />ditions or deletions may be proposed by anyone who presents <br />adequate evidence of the endangered status of a species. <br />The 1978 amendments to the act substantially altered the <br />original listing process by requiring that each species listing be <br />accompanied by the listing of critical habitat and that economic <br />factors be considered in designating critical habitat. Asa practi- <br />cal matter, however, these changes, in addition to numerous <br />new requirements for hearings and local notice, were burden- <br />some and often extremely difficult to carry out. In effect, the <br />entire listing program was stifled. During the first year of the <br />Reagan administration, not a single species was added to the <br />list. In 1982, therefore, Congress relaxed the requirements for <br />listing and attempted to expedite the process by requiring the <br />interior secretary to issue a preliminary finding within ninety <br />days of receiving a listing petition. The 1982 amendments also <br />allowed species listings to proceed prior to the listing of their <br />critical habitat. <br />
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