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Endangered Species Act of 1973

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124-557: The Endangered Species Act of 1973 ( ESA or "The Act"; 16 U.S.C. § 1531 et seq. ) is the primary law in the United States for protecting and conserving imperiled species. Designed to protect critically imperiled species from extinction as a "consequence of economic growth and development untempered by adequate concern and conservation", the ESA was signed into law by President Richard Nixon on December 28, 1973. The Supreme Court of

248-416: A black bear sees a grizzly coming, it either turns tail and runs or climbs a tree. Black bears are not strong competition for prey because they have a more herbivorous diet. Confrontations are rare because of the differences in size, habitats, and diets of the bear species. When this happens, it is usually with the grizzly being the aggressor. The black bear will only fight when it is a smaller grizzly such as

372-460: A carcass, which is commonly an elk killed by wolves. The grizzly bear uses its keen sense of smell to locate the kill. As the wolves and grizzly compete for the kill, one wolf may try to distract the bear while the others feed. The bear then may retaliate by chasing the wolves. If the wolves become aggressive with the bear, it is normally in the form of quick nips at its hind legs. Thus, the bear will sit down and use its ability to protect itself in

496-692: A comma following these abbreviations, leaving it to writers' own judgment. Some specific publishers, primarily in news journalism , drop one or both forms of punctuation as a matter of house style . They seem more frequently to be British than American (perhaps owing to the AP Stylebook being treated as a de facto standard across most American newspapers, without a UK counterpart). For example, The Guardian uses "eg" and "ie" with no punctuation, while The Economist uses "eg," and "ie," with commas and without points, as does The Times of London. A 2014 revision to New Hart's Rules states that it

620-470: A comma or used inside a parenthetical construction, and are best confined to the latter and to footnotes and tables, rather than used in running prose. References Grizzly bear The grizzly bear ( Ursus arctos horribilis ), also known as the North American brown bear or simply grizzly , is a population or subspecies of the brown bear inhabiting North America . In addition to

744-501: A component of the written decision. Rather, geographic boundaries of operation were set to preclude direct impact on the several populations of the endangered Tiehm's buckwheat . The buckwheat example also displays the lack of scalar considerations regarding species uniqueness and ecological importance, as these were not components of the 2022 listing decision nor of the environmental permitting decision required for lithium mining. Scientific expertise alone determines if an animal or plant

868-522: A deadline for how soon after listing the Services must complete recovery plans." A 2023 report on the Act issued by Defenders of Wildlife calculated that "265 species listed under the Act lack recovery guidance of any kind, while 370 additional species lack final recovery guidance." The group also noted that more than half of the existing recovery plans were more than 20 years old. Et seq. This page

992-687: A female scent difficult in such low population densities. Population fragmentation of grizzlies may destabilize the population from inbreeding depression . The gestation period for grizzly bears is approximately 180–250 days. Litter size varies between one and four cubs, typically comprising twins or triplets. Cubs are always born in the mother's winter den while she is in hibernation. Female grizzlies are fiercely protective of their cubs, being able to fend off predators including larger male bears. Cubs feed entirely on their mother's milk until summer comes, after which they still drink milk but begin to eat solid foods. Cubs gain weight rapidly during their time with

1116-466: A full circle. Rarely do interactions such as these end in death or serious injury to either animal. One carcass simply is not usually worth the risk to the wolves (if the bear has the upper hand due to strength and size) or to the bear (if the wolves are too numerous or persistent). While wolves usually dominate grizzly bears during interactions at wolf dens, both grizzly and black bears have been reported killing wolves and their cubs at wolf dens even when

1240-552: A grizzly in Colorado since 1979. Other provinces and the United States may use a combination of methods for population estimates. Therefore, it is difficult to say precisely what methods were used to produce total population estimates for Canada and North America, as they were likely developed from a variety of studies. The grizzly bear currently has legal protection in Mexico , European countries , some areas of Canada, and in all of

1364-421: A hierarchy of priorities based first on the magnitude of threat, then upon its imminence, and finally upon taxonomic distinctiveness (with monotypic genera ranked ahead of other species, and full species ranked ahead of subspecies). Requirements that listing decisions be made based on scientific evidence and considerations, coupled with an inability of the agencies to expand and contract staffing based on shifts in

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1488-521: A lack of scientific integrity in the federal program." Among the faculty expressing views in a University of Pennsylvania report, one drew attention to an underlying shift in national worldviews during the past half-century: The Act "reflects the confidence of mid-20th century liberal politics that any problem can be fixed with legislation based on scientific data," yet pragmatic solutions that require flexibility have been hindered and polarization has become intense. An academic review paper in 2008 reported that

1612-531: A local extinction in Beringia ~33,000 BP, two closely related lineages repopulated Alaska and northern Canada from Eurasia after the Last Glacial Maximum (>25,000 BP). In the 19th century, the grizzly was classified as 86 distinct species. By 1928 only seven grizzly species remained, and by 1953, only one species remained globally. However, modern genetic testing reveals the grizzly to be

1736-580: A male in the summer, the female delays embryo implantation until hibernation, during which miscarriage can occur if the female does not receive the proper nutrients and caloric intake. On average, females produce two cubs in a litter and the mother cares for the cubs for up to two years, during which the mother will not mate. Once the young leave or are killed, females may not produce another litter for three or more years, depending on environmental conditions. Male grizzly bears have large territories , up to 4,000 km (1,500 sq mi), making finding

1860-595: A meeting in Washington, D.C. was convened. This meeting produced the comprehensive multilateral treaty known as CITES , or the Convention on International Trade of Endangered Species of Wild Fauna and Flora. The Endangered Species Conservation Act of 1969 provided a template for the Endangered Species Act of 1973 by using the term "based on the best scientific and commercial data." This standard

1984-511: A more protein -enriched diet in coastal areas potentially grow larger than inland individuals. Grizzly bears also readily scavenge food or carrion left behind by other animals. Grizzly bears will also eat birds and their eggs, and gather in large numbers at fishing sites to feed on spawning salmon. They frequently prey on baby deer left in the grass, and occasionally they raid the nests of raptors such as bald eagles . Coastal Canadian and Alaskan grizzlies are larger than those that reside in

2108-447: A period of hyperphagia , before going into hibernation. The bear often waits for a substantial snowstorm before it enters its den: such behavior lessens the chances that predators will find the den. The dens are typically at elevations above 1,800 meters (5,900 ft) on north-facing slopes. There is some debate among professionals as to whether grizzly bears technically hibernate: much of this debate revolves around body temperature and

2232-487: A potential financial loss. As well, while the standard to prevent jeopardy or adverse modification applies only to federal activities, non-federal activities are subject to Section 10 of the Act, and private activities on private lands may require federal discretionary permits (such as those required by the Clean Water Act , Section 404) and thereby triggering Section 7 of the ESA. Controversy sometimes roils when

2356-544: A revision to the listed entity." Critics of the Act have noted that, despite its goal of recovering species to the point of delisting, this has rarely happened. As of 2023 (fifty years after its passage), an aggregate of 1,780 species had been listed through the years as endangered or the less severe category of threatened. Of that total, 64 species improved enough to be removed from the list. Another 64 improved enough to be "downlisted" from endangered to threatened. While 11 species have been declared extinct since implementation of

2480-475: A rule about a following comma – like Oxford usage in actual practice. The Chicago Manual of Style requires "e.g.," and "i.e.,". The AP Stylebook preserves both types of punctuation for these abbreviations. "British" and "American" are not accurate as stand-ins for Commonwealth and North American English more broadly; actual practice varies even among national publishers. The Australian government's Style Manual for Authors, Editors and Printers preserves

2604-427: A species is listed, the statutory imperative to prevent extinction precludes scalar considerations in federal permitting of development projects. Economic or other societal benefits, no matter how significant, are not to impede upon scientific decision-making in assessing the degree to which a project would subject a listed species to additional extinction risk. An historic example is the 1978 judicial decision in favor of

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2728-601: A species-by-species basis. As of 2023, the most recent report to Congress was by the U.S. Fish and Wildlife Service and presented expenditures cumulative through fiscal year 2020. The report entailed these statistics: "Of the 1,388 status reviews completed, 93 percent (1,294) recommend no change in status for the species, 3 percent (40) recommend reclassifying from endangered to threatened, 3 percent (38) recommend delisting (22 due to extinction, 13 due to recovery, and 3 due to error), 1 percent (13) recommend reclassifying from threatened to endangered, and less than 1 percent (2) recommend

2852-522: A steady decline in its population. By 1890, it had disappeared from its primary breeding range in the north central United States. Scientists of the day played a prominent role in raising public awareness about the losses. For example, George Bird Grinnell highlighted bison decline by writing articles in Forest and Stream . To address these concerns, Congress enacted the Lacey Act of 1900 . The Lacey Act

2976-466: A subspecies of the brown bear ( Ursus arctos ). Biologist R.L. Rausch found that North America has but one species of grizzly. Therefore, everywhere it is the "brown bear"; in North America, it is the "grizzly", but these are all the same species, Ursus arctos . In 1963, Rausch reduced the number of North American subspecies to one, Ursus arctos middendorffi . Further testing of Y-chromosomes

3100-619: A tiny fish (the snail darter ) — even though that decision halted construction of a dam that was already underway on the Little Tennessee River . A listed plant example of non-scalar approaches to endangered species management happened in October 2024. While a federal permit was awarded for a new lithium mining project in Nevada, the purported societal and climate benefits of lithium for electric vehicle manufacturing were not

3224-492: A yearling or when the black bear has no other choice but to defend itself. There is at least one confirmed observation of a grizzly bear digging out, killing, and eating a black bear when the latter was in hibernation. The segregation of black bear and grizzly bear populations is possibly due to competitive exclusion. In certain areas, grizzly bears outcompete black bears for the same resources. For example, many Pacific coastal islands off British Columbia and Alaska support either

3348-609: Is 48 km/h (30 mph). In addition, they can climb trees. Although grizzlies are of the order Carnivora and have the digestive system of carnivores, they are normally omnivores : their diets consist of both plants and animals. They have been known to prey on large mammals, when available, such as moose , elk , caribou , white-tailed deer , mule deer , bighorn sheep , bison , and even black bears , though they are more likely to take calves and injured individuals rather than healthy adults. Grizzly bears feed on fish such as salmon , trout , and bass , and those with access to

3472-500: Is a longterm management plan to reintroduce the bears to North Cascades National Park . The grizzly bear's original range included much of the Great Plains and the southwestern states , but it has been extirpated in most of those areas. Combining Canada and the United States, grizzly bears inhabit approximately half the area of their historical range. Although the once-abundant California grizzly bear appears prominently on

3596-512: Is between 198 cm (78 in) and 240 cm (94 in), with an average shoulder height of 102 cm (40 in) and hindfoot length of 28 cm (11 in). Newborn bears may weigh less than 500 g (18 oz). Although variable in color from blond to nearly black, grizzly bear fur is typically brown with darker legs and commonly white or blond tipped fur on the flank and back. Grizzly bears overlap with Black Bears in range, but there are numerous factors that can differentiate

3720-473: Is certified as a distinct species, rather than a mere variety of an existing species. An academic dissertation informing the listing decision for Tiehm's buckwheat concluded that, of all the species of genus Eriogonum in Nevada, "seven of the thirteen non-tiehmii taxa appear to be close relatives." The author included in his final paragraph the challenges of non-scalar approaches to environmental decision-making: The battle of human need versus habitat conservation

3844-500: Is considered a landmark conservation law. Academic researchers have referred to it as "one of the nation's most significant environmental laws." It has also been called "one of the most powerful environmental statutes in the U.S. and one of the world's strongest species protection laws." The Act itself has been amended four times: 1978, 1982, 1988, and 1992. Formal regulations published in the Federal Register that specify how

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3968-425: Is constant. The situation Tiehm’s buckwheat finds itself, stuck between conservation of its ~25,000 individuals or eradication to allow access to needed resources, is certainly complicated. There are potential services it could provide that are yet to be discovered. If mining were to commence it is unlikely to survive and those services could be lost. If the mining operation is halted or modified to protect E. tiehmii ,

4092-439: Is due to an influx of legumes , such as Hedysarum , which the grizzlies consume in massive amounts. When food sources become scarcer, however, they separate once again. The relationship between grizzly bears and other predators is mostly one-sided; grizzly bears will approach feeding predators to steal their kill. In general, the other species will leave the carcasses for the bear to avoid competition or predation. Any parts of

4216-472: Is greater. A widely used statistic supporting effectiveness of the Act is that 99 percent of listed species have not gone extinct. In 2012 the Center for Biological Diversity issued a report that surveyed a sample of 110 listed species and concluded that 90 percent of them were recovering "at the rate specified by their federal recovery plan." On the opposing side of the spectrum, a foundation associated with

4340-1133: Is in Denali National Park and Preserve , where grizzlies chase, pounce on, and dig up Arctic ground squirrels to eat. In some areas, grizzly bears prey on hoary marmots , overturning rocks to reach them, and in some cases preying on them when they are in hibernation . Larger prey includes bison and moose , which are sometimes taken by bears in Yellowstone National Park . Because bison and moose are dangerous prey, grizzlies usually use cover to stalk them and/or pick off weak individuals or calves. Grizzlies in Alaska also regularly prey on moose calves, which in Denali National Park may be their main source of meat. In fact, grizzly bears are such important predators of moose and elk calves in Alaska and Yellowstone that they may kill as many as 51 percent of elk or moose calves born that year. Grizzly bears have also been blamed in

4464-448: Is not uncommon to encounter grizzlies in Alaska weighing 540 kg (1,200 lb). Grizzlies in Alaska supplement their diet of salmon and clams with sedge grass and berries . In areas where salmon are forced to leap waterfalls, grizzlies gather at the base of the falls to feed on and catch the fish. Salmon are at a disadvantage when they leap waterfalls because they cluster together at their bases and are therefore easier targets for

4588-412: Is now "Oxford style" to not use a comma after e.g. and i.e. (which retain the points), "to avoid double punctuation". This is a rationale it does not apply to anything else, and Oxford University Press has not consistently imposed this style on its publications that post-date 2014, including Garner's Modern English Usage . By way of US comparison, The New York Times uses "e.g." and "i.e.", without

4712-459: Is now called "critical habitat" in only one brief passage. Section 7 required federal agencies to ensure that actions they authorized, funded, or carried out would not result in "the destruction or modification of habitat of such species which is determined by the Secretary, after consultation as appropriate with affected States, to be critical." When the Act was amended in 1978, "critical habitat"

4836-522: Is one of a series listing English translations of notable Latin phrases, such as veni, vidi, vici and et cetera . Some of the phrases are themselves translations of Greek phrases , as ancient Greek rhetoric and literature started centuries before the beginning of Latin literature in ancient Rome . Notes There is no consistent British style. For example, The Oxford Dictionary for Writers and Editors has "e.g." and "i.e." with points (periods); Fowler's Modern English Usage takes

4960-412: Is required to yield an accurate new taxonomy with different subspecies. Coastal grizzlies, often referred to by the popular but geographically redundant synonym of "brown bear" or "Alaskan brown bear" are larger and darker than inland grizzlies, which is why they, too, were considered a different species from grizzlies. Kodiak Grizzly Bears were also at one time considered distinct. Therefore, at one time

5084-507: Is that, unlike the previous legislation, plants became eligible for listing. Section 12 directed the Smithsonian Institution "to review (1) species of plants which are now or may become endangered or threatened and (2) methods of adequately conserving such species, and to report to Congress, within one year after the date of the enactment of this Act, the results of such review including recommendations for new legislation or

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5208-434: Is unique because it is the only example where Rocky Mountain grizzlies feed on spawning salmonid fish. However, grizzly bears themselves and invasive lake trout threaten the survival of the trout population and there is a slight chance that the trout will be eliminated. Grizzly bears occasionally prey on small mammals, such as marmots , ground squirrels , lemmings , and voles . The most famous example of such predation

5332-439: Is used as a guideline to determine if a species is in danger of extinction. In 1972, President Nixon declared current species conservation efforts to be inadequate. He called on the 93rd United States Congress to pass comprehensive endangered species legislation. Congress responded with a completely rewritten law, the Endangered Species Act of 1973, which was signed by Nixon on December 28, 1973 ( Pub. L.   93–205 ). It

5456-589: The Alaska Peninsula brown bear ( U. a. gyas ), Kodiak bear ( U. a. middendorffi ), Mexican grizzly bear ( U. a. nelsoni ), ABC Islands bear ( U. a. sitkensis ), and Stickeen brown bear ( U. a. stikeenensis ). One study based on mitochondrial DNA recovered no distinct genetic groupings of North American brown bears, implying that previous grizzly bear subspecies designations are unwarranted and these bears should all be considered populations of U. a. horribilis . The only genetically anomalous grouping

5580-568: The Code of Federal Regulations (CFR) to implement its provisions. Calls for wildlife conservation in the United States increased in the early 1900s because of the visible decline of several species. One example was the near-extinction of the bison , which used to number in the tens of millions. Similarly, the extinction of the passenger pigeon , which numbered in the billions, caused concern. The whooping crane also received widespread attention as unregulated hunting and habitat loss contributed to

5704-590: The Kamchatka brown bear than to other North American brown bears. Until the systematics of North American brown bears is studied in more depth, other North American subspecies have been provisionally considered separate from U. a. horribilis . Grizzly bears are some of the largest subspecies of brown bear, only being beaten by the Kamchatka brown bears and the Kodiak bears . Grizzly bears vary in size depending on timing and populations. The largest populations are

5828-489: The Rocky Mountains . This is due, in part, to the richness of their diets. In Yellowstone National Park in the United States, the grizzly bear's diet consists mostly of whitebark pine nuts , tubers , grasses, various rodents , army cutworm moths, and scavenged carcasses. None of these, however, match the fat content of the salmon available in Alaska and British Columbia. With the high fat content of salmon, it

5952-607: The United States Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS). NMFS handles marine species , and the FWS has responsibility over freshwater fish and all other species. Species that occur in both habitats (e.g. sea turtles and Atlantic sturgeon ) are jointly managed. As amended, it consists of 18 sections. Key legal requirements include: The 1973 Act

6076-417: The United States Fish and Wildlife Service and the National Marine Fisheries Service . In practice, recovery plans usually include population targets and "objective, measurable criteria" that would constitute adequate reduction of threats and provision of habitat protection" such that delisting (or down-listing from "endangered" to "threatened") would be warranted. The 1973 Act introduced the concept of what

6200-492: The salmon spawn . Females (sows) produce one to four young (usually two) that are small and weigh only about 450 g (16 oz) at birth. A sow is protective of her offspring and will attack if she thinks she or her cubs are threatened. Grizzly bears have one of the lowest reproductive rates of all terrestrial mammals in North America. This is due to numerous ecological factors. Grizzly bears do not reach sexual maturity until they are at least five years old. Once mated with

6324-418: The 1969 Act also protected mollusks and crustaceans . Punishments for poaching or unlawful importation or sale of these species were also increased. Any violation could result in a $ 10,000 fine or up to one year of jail time. Notably, the Act called for an international convention or treaty to conserve endangered species. A 1963 IUCN resolution called for a similar international convention. In February 1973

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6448-530: The 1972 ban of the pesticide DDT by the EPA , rather than the Endangered Species Act. Supporters of the Act argue that listing these species as endangered led to additional actions that were also crucial for species recovery (i.e., captive breeding, habitat protection, and protection from disturbance). Among the most difficult species to protect are mussels because they depend on adequate amounts of clean and flowing freshwater. Home to approximately 300 mussel species,

6572-485: The Act had become "a social, legal, and political battleground" and that "the scientific question of whether the ESA works effectively to protect species remains open." Specific challenges and long-term controversies are summarized in this section. Because the Act allowed species to be listed as endangered without consideration of the economic consequences, it soon became and continues to be controversial. Costs conferred on private landowners and various industries may come in

6696-405: The Act will be implemented have also changed through time. In recent years, U.S. presidential elections that greatly shift environmental priorities have culminated in regulatory shifts in endangered species management back and forth. Congressional elections also affect implementation of the Act via expansions or contractions in annual funding decisions for the agencies. A distinction of the 1973 Act

6820-542: The Act's outcomes and controversies. Congressional overturning of several recent listings and ability to hamper implementation by restricting agency funding were among the points mentioned by some media. In contrast, a foundation associated with the Western Caucus of U.S. senators and representatives issued a 116-page report in 2023 titled "The Endangered Species Act at 50", with a subtitle expressing its primary criticism that "a record of falsified recoveries underscores

6944-411: The ESA has been "weaponized," particularly against western states, constraining state government choices about the use of public lands. The case of the protracted dispute over the greater sage-grouse is one such example, and the spotted owl is another. In the extreme is the largely western saying pertaining to endangered animals, such as wolves: " shoot, shovel, and shut up ." Rep. Don Young (Alaska),

7068-531: The Endangered Species Act was enacted, Congress recognized that at any given time there were likely to be more species potentially eligible for listing than the Service could address through the rule-making process. As a result, Congress in 1979 directed the Service to develop a prioritization system that would enable it to determine which of the potentially eligible species should be considered first. The Service responded with listing priority guidance that established

7192-548: The Endangered Species Preservation Act ( Pub. L.   89–669 ) on October 15, 1966. The Act initiated a program to conserve, protect, and restore select species of native fish and wildlife. As a part of this program, Congress authorized the Secretary of the Interior to acquire land or interests in land that would further the conservation of these species. The Department of Interior issued

7316-492: The European settlers arrived. However, population size has since significantly decreased due to hunting and habitat loss. In 2008, it was estimated there were 16,000 grizzly bears. A revised Grizzly bear count in 2012 for British Columbia was 15,075. Population estimates for British Columbia are based on hair-snagging, DNA-based inventories, mark-and-recapture , and a refined multiple regression model. In 2003, researchers from

7440-582: The Pacific leatherback sea turtle ; the Sacramento River winter-run chinook salmon ; the southern resident population of killer whale ; and the white abalone . Human activities are presented as the primary cause of extinction threats for all these species. The two implementing agencies have a combined record of changing species status from threatened to endangered on nine occasions, while the number of status improvements from endangered to threatened

7564-497: The State of California passed a law that prevented killing or removal of the western variety of Joshua tree wherever it was found. Climate change risk was a key factor in the determination. The Act distinguished two grades of species for listing: "endangered" and a lesser category called "threatened". An endangered species is in danger of extinction now; a threatened species faces such a threat in "the foreseeable future." The aim for

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7688-486: The Supreme Court found that "the plain intent of Congress in enacting" the ESA "was to halt and reverse the trend toward species extinction, whatever the cost." The Act is administered by two federal agencies, the United States Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS). FWS and NMFS have been delegated by the Act with the authority to promulgate any rules and guidelines within

7812-415: The United States described it as "the most comprehensive legislation for the preservation of endangered species enacted by any nation". The purposes of the ESA are two-fold: to prevent extinction and to recover species to the point where the law's protections are not needed. It therefore "protect[s] species and the ecosystems upon which they depend" through different mechanisms. For example, section 4 requires

7936-604: The United States. However, it is expected that repopulating its former range will be a slow process, due to various reasons, including the bear's slow reproductive habits and the effects of reintroducing such a large animal to areas prized for agriculture and livestock. Grizzly bears hibernate for five to seven months each year (except where the climate is warm—the California grizzly did not hibernate). During this time, female grizzly bears give birth to their offspring, who then consume milk from their mother and gain strength for

8060-603: The University of Alberta spotted a grizzly on Melville Island in the high Arctic, which is the most northerly sighting ever documented. Around 60,000 wild grizzly bears are located throughout North America, 30,000 of which are found in Alaska . and up to 29,000 live in Canada. The Alaskan population of 30,000 individuals is the highest population of any province / state in North America. Populations in Alaska are densest along

8184-425: The Western Caucus of U.S. senators and representatives issued a 116-page report in 2023 that points to data and statements made by the U.S. Fish and Wildlife Service during the past half-century that can be interpreted as disputing proclamations of success. Specifically, statements of numbers of species "recovered" do not distinguish between those delisted owing to actual improvement in populations versus those for which

8308-660: The Yukon, the Northwest Territories, Nunavut , and the northern part of Manitoba . An article published in 1954 suggested they may be present in the tundra areas of the Ungava Peninsula and the northern tip of Labrador - Quebec . In British Columbia, grizzly bears inhabit approximately 90% of their original territory. There were approximately 25,000 grizzly bears in British Columbia when

8432-583: The ability of the bears to move around during hibernation on occasion. Grizzly bears can "partially" recycle their body wastes during this period. Although inland or Rocky Mountain grizzlies spend nearly half of their life in dens, coastal grizzlies with better access to food sources spend less time in dens. In some areas where food is very plentiful year round, grizzly bears skip hibernation altogether. Except for females with cubs, grizzlies are normally solitary , active animals, but in coastal areas, grizzlies gather around streams, lakes, rivers, and ponds during

8556-637: The agencies overseeing the Act to designate imperiled species as threatened or endangered. Section 9 prohibits unlawful 'take,' of such species, which means to "harass, harm, hunt..." Section 7 directs federal agencies to use their authorities to help conserve listed species. The Act also serves as the enacting legislation to carry out the provisions outlined in The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). In Tennessee Valley Authority v. Hill ,

8680-431: The amendment of existing legislation." As a result, the first plant listings occurred in 1977. Fifty years later, significantly more species of plants were listed in the highest category (endangered) than animals: 766 plants and 486 animals. Historians attribute this new-found concern for imperiled plants to ongoing global treaty negotiations (especially in 1972 and 1973) toward what would eventually be adopted in 1975 under

8804-472: The arbiters of how numerical statements of extinction risk should be gauged in context of other kinds of national risks and priorities. In a multi-author report published in 2016, the Ecological Society of America explained how this kind of controversy develops: Any decision to list a species also requires a policy judgment regarding how much risk to that species is acceptable. Science can inform

8928-583: The black bear or the grizzly, but rarely both. In regions where both species coexist, they are divided by landscape gradients such as the age of forest, elevation, and land openness. Grizzly bears tend to favor old forests with high productivity, higher elevations and more open habitats compared with black bears. However, a bear shot in autumn 1986 in Michigan was thought by some to be a grizzly×black bear hybrid , due to its unusually large size and its proportionately larger braincase and skull, but DNA testing

9052-457: The brown bear around the world. Meriwether Lewis and William Clark first described it as grisley , which could be interpreted as either " grizzly " (i.e., "grizzled"—that is, with grey-tipped hair) or " grisly " ("fear-inspiring", now usually "gruesome"). The modern spelling supposes the former meaning; even so, naturalist George Ord formally classified it in 1815 as U. horribilis for its character. Several studies have been conducted on

9176-422: The carcass left uneaten are scavenged by smaller animals. With the reintroduction of gray wolves to Yellowstone, many visitors have witnessed a once common struggle between a keystone species , the grizzly bear, and its historic rival, the gray wolf. The interactions of grizzly bears with the wolves of Yellowstone have been under considerable study. Typically, the conflict will be in the defence of young or over

9300-460: The coast also forage for razor clams , and frequently dig into the sand to seek them. During the spring and fall, directly before and after the salmon runs, berries and grass make up the mainstay of the diets of coastal grizzlies. Inland grizzlies may eat fish too, most notably in Yellowstone grizzlies eating Yellowstone cutthroat trout . The relationship with cutthroat trout and grizzlies

9424-750: The coast tend to be larger while inland grizzlies tend to be smaller. The Ussuri brown bear ( U. a. lasiotus ), inhabiting the Ussuri Krai , Sakhalin , the Amur Oblast , the Shantar Islands , Iturup Island , and Kunashir Island in Siberia , northeastern China , North Korea , and Hokkaidō in Japan , is sometimes referred to as the "black grizzly", although it is no more closely related to North American brown bears than other subspecies of

9548-601: The coast, where food supplies such as salmon are more abundant. The Admiralty Island National Monument protects the densest population: 1,600 bears on a 1,600 square-mile island. The majority of Canada's grizzlies live in British Columbia. In the lower 48 United States, around 1,000 are found in the Northern Continental Divide in northwestern Montana . About 1,000 more live in the Greater Yellowstone Ecosystem in

9672-538: The coastal grizzlies in the Alaskan peninsula, with males weighing 389 kilograms (858 lb) and females weighing 207 kilograms (456 lb). The populations in northern interior Canada are much smaller, with males weighing 139 kilograms (306 lb) and females weighing 95 kilograms (209 lb). This is actually similar to the American black bear population of the area. Average total length in this subspecies

9796-452: The decision by determining the degree of risk a species faces, but science alone cannot determine whether the risk is acceptable.... Stakeholders with divergent views about acceptable levels of extinction risk frequently mount legal challenges over whether species need to be listed, whether they are endangered or threatened, how much habitat represents a "significant portion" of a species' range, and other key elements of ESA implementation. Once

9920-425: The decline of elk in Yellowstone National Park when the actual predators were thought to be gray wolves . In northern Alaska, grizzlies are a significant predator of caribou , mostly taking sick or old individuals or calves. Several studies show that grizzly bears may follow the caribou herds year-round in order to maintain their food supply. In northern Alaska, grizzly bears often encounter muskox . Despite

10044-533: The diets of grizzly bears vary extensively based on seasonal and regional changes, plants make up a large portion of them, with some estimates as high as 80–90%. Various berries constitute an important food source when they are available. These can include blueberries , blackberries ( Rubus fruticosus ), salmon berries ( Rubus spectabilis ), cranberries ( Vaccinium oxycoccos ), buffalo berries ( Shepherdia argentea ), soapberries ( Shepherdia canadensis ), and huckleberries ( Vaccinium parvifolium ), depending on

10168-487: The dominant mitochondrial grouping south of subarctic North America. Genetic divergences suggest brown bears first migrated south during MIS-5 (~92,000 - 83,000 BP) upon the opening of the ice-free corridor, with the first fossils being near Edmonton (26,000 BP). Other mitochondrial lineages appear later- the Alexander and Haida Gwaii archipelagoes have an endemic lineage, which first appears around 20,000 BP. After

10292-456: The eastern region of the USA is the center of global diversity for these freshwater molluscs . However, 65 percent of them are threatened or endangered. The 1988 Congressional amendments to the Act included a new section, Section 18, to aid effectiveness evaluations by having each of the two implementing agencies periodically report cumulative federal funding (and, to some degree, state funding) on

10416-440: The endangered red-cockaded woodpecker . A study of some 1,000 privately owned forest plots within the range of the woodpecker found that when landowners observed pine growth maturing to a stage in which it might attract nesting woodpeckers, they were more likely to harvest – regardless of timber prices at the time. This is a form of intentional habitat destruction for avoiding economic consequences. Legislators have expressed that

10540-425: The environment. Insects such as ladybugs , ants, and bees are eaten if they are available in large quantities. In Yellowstone National Park, grizzly bears may obtain half of their yearly caloric needs by feeding on miller moths that congregate on mountain slopes. When food is abundant, grizzly bears will feed in groups. For example, many grizzly bears will visit meadows right after an avalanche or glacier slide. This

10664-464: The fact that muskox do not usually occur in grizzly habitat and that they are bigger and more powerful than caribou, predation on muskox by grizzlies has been recorded. Grizzlies along the Alaskan coast also scavenge on dead or washed up whales. Usually such incidents involve only one or two grizzlies at a carcass, but up to ten large males have been seen at a time eating a dead humpback whale . Dead seals and sea lions are also consumed. Although

10788-528: The first list of endangered species in March 1967. It included 14 mammals, 36 birds, 6 reptiles, 6 amphibians, and 22 fish. A few notable species listed in 1967 were the grizzly bear , American alligator , Florida manatee , and bald eagle . The list included only vertebrates at the time because of the Department of Interior's limited definition of "fish and wildlife." The Endangered Species Preservation Act

10912-400: The form of lost opportunity or slowing down operations to comply with the regulations put forth in the Act. Notably, in 1978 the listing of a tiny fish (snail darter) shut down for several years construction of a dam that was already underway on the Little Tennessee River . More broadly, the requirement to consult with the relevant agencies on federal projects has at times slowed operations by

11036-674: The genetic history of the grizzly bear. Classification has been revised along genetic lines. There are two morphological forms of Ursus arctos : the grizzly and the coastal brown bears, but these morphological forms do not have distinct mtDNA lineages. The genome of the grizzly bear was sequenced in 2018 and found to be 2,328.64Mb (mega-basepairs) in length, and contain 30,387 genes. Brown bears originated in Eurasia , and first migrated to North America between 177,000 BP ~ 111,000 BP. Most grizzly bears belong to this initial population of North American brown bear (clade 4), which continues to be

11160-423: The global need of lithium may begin to outweigh the supply, and potentially cause delays in technological advances that are aimed at reducing CO2 emissions. As of 2023, an aggregate of 1,780 species had been listed through the years as "endangered" or a less severe category of "threatened". While 99% of the total species are still alive, critics have pointed out that only 64 species improved enough to be removed from

11284-471: The grizzlies. Grizzly bears are well-documented catching leaping salmon in their mouths at Brooks Falls in Katmai National Park and Preserve in Alaska. They are also very experienced in chasing the fish around and pinning them with their claws. At such sites such as Brooks Falls and McNeil Falls in Alaska, big male grizzlies fight regularly for the best fishing spots. Grizzly bears along

11408-437: The idea of an "Endangered Species Act." Among the staff, Dr. Bertrand is credited with having written major parts of the Act, including the infamous "takings" clause, 16 U.S.C.   § 1538 . "We didn't know what we couldn't do," Dr. Bertrand has said about the Act. "We were doing what we thought was scientifically valid and right for the environment." The Endangered Species Act is administered by two federal agencies,

11532-725: The late 19th and early 20th centuries, of cougars and grizzly bears killing each other in fights to the death. The other big cat present in the United States which might pose a threat to bears is the jaguar ; however, both species have been extirpated in the regions of the Southwest where their former habitats overlapped, and grizzlies remain so far absent from the regions along the U.S.-Mexico border, where jaguars appear to be returning. Black bears generally stay out of grizzly territory , but grizzlies may occasionally enter black bear terrain to obtain food sources both bears enjoy, such as pine nuts, acorns, mushrooms, and berries. When

11656-669: The law began, another 23 species have gone missing for so long that they have been proposed for official designation as extinct. The National Marine Fisheries Service lists eight species (or populations of a species) as among the most at risk of extinction in the near future. These animals are the Atlantic salmon ; the Central California Coast coho salmon ; the Cook Inlet beluga whale ; the Hawaiian monk seal ;

11780-507: The lesser category is to enable protective actions by federal agencies at an earlier time, such that the causes of population decline might be corrected before emergency concerns develop. Controversy also arises as to whether and what differences in recovery plan elements, and thus management policies and restrictions, should distinguish "threatened" from "endangered." The Act specifies the types of causes to be identified in species decline, any one of which might be severe enough to merit listing

11904-447: The list ("delisted"). Another 64 improved enough to be "downlisted" from endangered to threatened. Only 11 species have been declared extinct after they were listed, but another 23 species have gone missing for so long that they have been proposed for official designation as extinct. Some have argued that the recovery of imperiled flesh-eating birds (notably, the bald eagle , brown pelican , and peregrine falcon ) should be attributed to

12028-555: The longest-serving Republican congressman, said in 2018, "As the one person in the Congress, the only one, that voted for the Endangered Species Act, please beat me with a whip." Some economists have stated that finding a way to reduce such perverse incentives would lead to more effective protection of endangered species. One suggestion for ending perverse incentives would be to compensate property owners for protecting endangered species, rather than having an endangered species regarded as

12152-472: The mainland grizzly ( Ursus arctos horribilis ), other morphological forms of brown bear in North America are sometimes identified as grizzly bears. These include three living populations—the Kodiak bear ( U. a. middendorffi ), the Kamchatka bear ( U. a. beringianus ), and the peninsular grizzly ( U. a. gyas )—as well as the extinct California grizzly ( U. a. californicus †) and Mexican grizzly (formerly U. a. nelsoni †). On average, grizzly bears near

12276-472: The mother—their weight will have increased from 4.5 to 45 kg (9.9 to 99.2 lb) in the two years spent with the mother. Mothers may see their cubs in later years but both avoid each other. The average lifespan for a male is estimated at 22 years, with that of a female being slightly longer at 26. Females live longer than males due to their less dangerous life; they do not engage in seasonal breeding fights as males do. The oldest known wild inland grizzly

12400-408: The oil and gas industry, including exploration or development on federal lands rich in fossil fuels. One widely held opinion thus is that the protections afforded to listed species curtail economic activity. In the extreme, economic consequences can induce perverse incentives by which landowners actively curtail their lands from attracting endangered species. An example in the eastern USA pertains to

12524-423: The original population numbers were later found to have been greatly underestimated. Had the science been more in line with reality at the start, this report claims 36 of the 62 species reported by the agency as officially recovered would not have achieved listing at the outset. Controversy also develops when the science used to support a delisting decision differs from the numerical population thresholds included in

12648-545: The points in the abbreviations, but eschews the comma after them (it similarly drops the title's serial comma before "and", which most UK and many US publishers would retain). Editing Canadian English by the Editors' Association of Canada uses the periods and the comma; so does A Canadian Writer's Reference . The government publication The Canadian Style uses the periods but not the comma. Style guides are generally in agreement that both abbreviations are preceded by

12772-573: The points of contention. Ultimately, federal authority over enforcement of endangered plant protections has centered on regulation of interstate commerce of such plants. This legal distinction for plants became controversial in practice when a group of citizens, Torreya Guardians , chose to help an endangered glacial relict plant, Florida Torreya , move to cooler poleward climates before conservation professionals were ready to begin their own experimentation with assisted migration of endangered species. Because movement of seeds and seedlings by this group

12896-521: The remainder of the hibernation period. To prepare for hibernation, grizzlies must prepare a den and consume an immense amount of food because they do not eat during hibernation. Grizzly bears also do not defecate or urinate throughout the entire hibernation period. The male grizzly bear's hibernation ends in early to mid-March, while females emerge in April or early May. In preparation for winter, bears can gain approximately 180 kg (400 lb), during

13020-544: The same approach, and its newest edition is especially emphatic about the points being retained. The Oxford Guide to Style (also republished in Oxford Style Manual and separately as New Hart's Rules ) also has "e.g." and "i.e."; the examples it provides are of the short and simple variety that often see the comma dropped in American usage as well. None of those works prescribe specifically for or against

13144-514: The senior scientific adviser to the Commandant of the U.S. Army Corps of Engineers, office of the Commandant of the Corps., to join the newly formed White House CEQ. The staff, under Dr. Train's leadership, incorporated dozens of new principles and ideas into the landmark legislation but also incorporated previous laws, as was desired by Congressman John Dingell (D-Michigan) when he first proposed

13268-399: The species as threatened or endangered. Also known as the "five factors", the set of possible causes entail: A key provision of the 1973 Act was that "preventing extinction" would no longer be sufficient. Rather, "recovery" of listed species, such that "delisting" could become possible, was now a stated goal. "Recovery plans" were now to be developed and published by the two agencies in charge:

13392-438: The species recovery plan. A 2012 court case upheld that the published recovery criteria are not legally binding for later delisting decisions. Listing of a species "triggers two overlapping types of conservation measures: extinction prevention and recovery actions." An official document required by the Act has come to be known as a recovery plan . The Act "gives few guidelines for their preparation and content and does not specify

13516-772: The state flag of California and was the symbol of the Bear Flag Republic before the state of California's admission to the Union in 1850, the subspecies or population is currently extinct. The last known grizzlies in California were killed in the Sierra foothills east of Fresno in the early 1920s. The killing of the last grizzly bear in Arizona in 1936 at Escudilla Mountain is included in Aldo Leopold 's Sand County Almanac . There has been no confirmed sighting of

13640-421: The thought was there were five different "species" of brown bear, including three in North America. It remains an open question how many subspecies of Ursus arctos are present in North America. Traditionally, the following have been recognized alongside U. a. horribilis proper: Alaskan brown bear ( U. a. alascensis ), California grizzly bear ( U. a. californicus ), Dall Island brown bear ( U. a. dalli ),

13764-650: The timing of a petition to list a new species overlaps with plans for or initiation of a development project that could be impeded by such a listing. A news editorial marking the 50th anniversary of the Act suggested that "the ESA became the weapon of choice for environmental groups seeking to stop projects or tear down others. Lawsuits by the score have been filed over projects large and small, setting off ill feelings toward environmental groups." The Act points to science professionals as "solely" responsible for making extinction risk assessments. Governmental policies as shaped by various and changing public interests are necessarily

13888-400: The title, Convention on International Trade in Endangered Species of Wild Fauna and Flora ( CITES ). Prior to this time, attention to the conservation needs of native plants had been stalled by complications that do not pertain to animals. How to adequately distinguish plants illegally collected in the wild from plants propagated from seeds or cuttings taken from horticultural specimens was among

14012-570: The tri-state area of Wyoming, Idaho and Montana. There are an estimated 70–100 grizzly bears living in northern and eastern Idaho . In September 2007, a hunter produced evidence of one bear in the Selway-Bitterroot Wilderness ecosystem , by killing a male grizzly bear there. In the North Cascades ecosystem of northern Washington , grizzly bear populations are estimated to be fewer than 20 bears, but there

14136-510: The two: In North America, grizzly bears previously ranged from Alaska down to Mexico and as far east as the western shores of Hudson Bay ; the species is now found in Alaska , south through much of western Canada , and into portions of the northwestern United States (including Washington , Idaho , Montana , and Wyoming ), extending as far south as Yellowstone and Grand Teton National Parks . In Canada, there are approximately 25,000 grizzly bears occupying British Columbia , Alberta ,

14260-467: The volume of outstanding petitions, induced Congress in 1982 to amend the Act by establishing deadlines for agency decisions. As of 2023, those deadlines still nominally apply, but in practice it is rare for a petitioner to approach the judicial system to force a decision before the agency is able to finish the job on its own timetable. In 2023, with the Endangered Species Act of 1973 (ESA) achieving its 50th anniversary, journalists were prompted to report on

14384-401: The wild. By 1963, the bald eagle , the U.S. national symbol, was in danger of extinction. Only around 487 nesting pairs remained. Loss of habitat, shooting, and DDT poisoning contributed to its decline. The U.S. Fish and Wildlife Service tried to prevent the extinction of these species. Yet, it lacked the necessary Congressional authority and funding. In response to this need, Congress passed

14508-573: The wolves were acting in defence. Cougars generally give the bears a wide berth. Grizzlies have less competition with cougars than with other predators, such as coyotes, wolves, and other bears. When a grizzly descends on a cougar feeding on its kill, the cougar usually gives way to the bear. When a cougar does stand its ground, it will use its superior agility and its claws to harass the bear, yet stay out of its reach until one of them gives up. Grizzly bears occasionally kill cougars in disputes over kills. There have been several anecdotes, primarily from

14632-405: Was about 34 years old in Alaska; the oldest known coastal bear was 39, but most grizzlies die in their first year of life. Captive grizzlies have lived as long as 44 years. They have a tendency to chase fleeing animals, and although it has been said anecdotally that grizzly bears ( Ursus arctos horribilis ) can run at 56 km/h (35 mph), the maximum speed reliably recorded at Yellowstone

14756-412: Was given a definition and basic terms for how it would be determined and used. (As will be seen in the "Controversies" section, this provision was sometimes challenging to implement for both scientific and political reasons.) A review of the Act published in 2009 recounted the unavoidable problems that arose from granting opportunities even for citizens to submit petitions for species listing: Soon after

14880-474: Was noncommercial and based on horticulturally produced specimens, there was no legal apparatus to halt their actions. Another distinction is that, when an animal is listed as endangered or threatened, "taking" of that animal (by capture or killing) becomes a violation of the Act. For plants, "taking" occurs only within the boundaries of federal properties. Even so, states may choose to legislate and enforce prohibitions even on private lands, as occurred in 2023 when

15004-420: Was repealed by the Endangered Species Act of 1973. The Endangered Species Conservation Act of 1969 ( Pub. L.   91–135 ) amended the Endangered Species Preservation Act of 1966. It established a list of species in danger of worldwide extinction. It also expanded protections for species covered in 1966 and added to the list of protected species. While the 1966 Act only applied to 'game' and wild birds,

15128-540: Was the ABC Islands bear , which bears genetic introgression from the polar bear . A formal taxonomic revision was not performed, however, and the implied synonymy has not been accepted by taxonomic authorities. Furthermore, a recent whole-genome study suggests that certain Alaskan brown bears, including the Kodiak and Alaskan Peninsula grizzly bears, are members of a Eurasian brown bear lineage, more closely related to

15252-641: Was the first federal law that regulated commercial animal markets. It also prohibited the sale of illegally killed animals between states ( interstate commerce ). Other legislation followed, including the Migratory Bird Conservation Act , a 1937 treaty prohibiting the hunting of right and gray whales, and the Bald and Golden Eagle Protection Act of 1940. Despite these treaties and protections, many populations still continued to decline. By 1941, only an estimated 16 whooping cranes remained in

15376-614: Was written by a team of lawyers and scientists, including Dr. Russell E. Train , the first appointed head of the Council on Environmental Quality (CEQ), an outgrowth of the National Environmental Policy Act (NEPA) of 1969. Dr. Train was assisted by a core group of staffers, including Dr. Earl Baysinger at EPA, Dick Gutting, and Dr. Gerard A. "Jerry" Bertrand, a PhD marine biologist by training (Oregon State University, 1969), who had transferred from his post as

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