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94-693: The NEUS Continental Shelf can be generally divided into two regions: the Gulf of Maine section, and that of the Mid-Atlantic Bight . The Gulf of Maine subsection of the NEUS Continental Shelf is characterized by relatively mild summers and long, cold winters. The Gulf of Maine's climate is mostly a mild summer climate (Dfb) as defined in the Köppen climate classification , with a small area of humid continental hot summer climate (Dfa) in

188-537: 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 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

282-541: A PhD marine biologist by training (Oregon State University, 1969), who had transferred from his post as 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

376-459: A circumpolar shrimp that breeds in the Gulf of Maine in the winter. Spring is intensely productive, with phytoplankton blooming in large volumes. This high productivity supports large numbers of commercially important species, such as lobster, cod, monkfish, and winter flounder. The Mid Atlantic Bight's ecosystem can be seen as a transitional ecosystem between that of temperate and tropical ocean. Like

470-502: 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

564-422: 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

658-523: 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

752-535: A number of closed areas have been created in which certain activities are banned for some or all parts of the year. The gulf's relative proximity to Europe compared to other locations on the opposite side of the Atlantic made it an early destination for European colonization. French settlers founded a settlement on St. Croix Island in 1604. English settlers founded the Popham Colony on an island in

846-539: 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

940-545: 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

1034-517: A rise in marine aquaculture in the area, following global trends. Such aquaculture species include Atlantic salmon, oysters, clams, mussels, and more. [REDACTED] Media related to Gulf of Maine at Wikimedia Commons Endangered Species Act of 1973 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

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1128-615: A shore that is predominantly rocky and scenic, lacking the sandy beaches found to the south along the Eastern Seaboard . The only significant coastal developments are located in the Boston , Portsmouth , Portland and Saint John metropolitan areas. The underwater features of the seabed sculpted during the lower sea levels of the ice ages make the gulf a semi-enclosed sea bounded to the south and east by underwater banks . Georges Bank in particular, on its southern end, shelters

1222-594: A similar international convention. In February 1973 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

1316-654: A small southern portion of the Canadian province of Quebec , which is less than 1% of the province's area. Significant rivers that drain into the Gulf include, from east to west, the Annapolis , Shubenacadie , Salmon , Petitcodiac , Saint John , Magaguadavic , St. Croix , Penobscot , Kennebec , Saco , Piscataqua , Merrimack and Charles rivers; the Saint John and Penobscot have the greatest discharge. The cold waters, extreme tidal mixing, and diverse bottom of

1410-427: 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

1504-604: 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

1598-620: 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

1692-459: A total landing of 344 million pounds, worth $ 183 million. The top three most important species were sea scallops, oyster, and blue crab. Anthropogenic pollution is a problem in the NEUS continental shelf. The Chesapeake Bay is particularly affected by excess nitrogen and phosphorus contamination from sewage, which is a cause of harmful algal blooms , which can rapidly deplete available oxygen from

1786-600: Is a mix of Dfa and Humid Subtropical (Cfa). From Delaware to the southern extreme in North Carolina, the Mid Atlantic Bight climate is entirely composed of a Cfa climate. The water in the Mid Atlantic Bight is also closely affected by the Gulf Stream, which moves large quantities of heat from low to high latitudes, warming the waters of the Mid Atlantic Bight, whereas the Gulf of Maine is further from

1880-474: 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

1974-505: 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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2068-425: 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 ,

2162-476: 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

2256-420: Is home to several commercially important species. In 2017, Maine lobster was the single most valuable commercial fish species in the United States, and was estimated to be worth $ 637 million. In the Mid Atlantic Bight section of the NEUS continental shelf, the state of Virginia had the third highest volume of landed fish of any state in the year 2017, superseded only by the states of Alaska and Louisiana , with

2350-507: 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

2444-664: The Bay of Fundy are all arms of the Gulf of Maine. The Gulf of Maine is a roughly rectangular depression with a surface area of around 36,000 square miles (93,000 km ), enclosed to the west and north by the North American mainland and communicating with the Atlantic Ocean to the southeast. The region's glaciation by the Laurentide Ice Sheet stripped sedimentary soil away from the coastline, leaving

2538-703: 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 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

2632-641: 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 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

2726-399: 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

2820-556: The 1960s and 1970s, there was a dispute between Canada and the United States over fishing and other resource rights in the Gulf of Maine, specifically in the Georges Bank region. This dispute was taken to the International Court of Justice , which delineated a maritime boundary through the gulf in 1984. The two nations continue to disagree on the sovereignty of Machias Seal Island and the waters surrounding it in

2914-422: The 1970s. Alongside this decline, the kelp beds have been replaced by invasive turf, defined as macroalgae that provide little three-dimensional structure but form on the bottom layers as filaments, branches, or plumes. In southwestern areas, turf is now covering 50–60% of the ocean floor. This, along with past overfishing, has helped push stocks towards collapse and hampered its recovery despite deep reductions in

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3008-534: 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,

3102-487: 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

3196-409: 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

3290-543: 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

3384-418: 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),

3478-531: 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

3572-408: The Gulf Stream create a well mixed environment that has high levels of nutrients. The Gulf of Maine is home to around 3200 species of macrofauna in total. Cape Cod also acts as a barrier to migration, meaning that most coastal aquatic species in the Gulf of Maine are absent in other parts of the coastal United States. The Gulf of Maine is the southern limit of the northern shrimp ( Pandalus borealus ),

3666-542: The Gulf of Maine are rapidly rising due to human-induced climate change . Both the Labrador Current and Gulf Stream are warming, and the Gulf Stream is spreading out and delivering more water to the Gulf of Maine. As a result, it has become too warm for cod as well as kelp forests. Studies found that some areas, such as Ammen Rock Site 1, witnessed a 36.2% decrease in kelp between 1987 and 2015, while nearby shallow coastal kelp populations have been declining since

3760-434: The Gulf of Maine, it is an area of relatively high primary production. Much of the primary production in the Mid Atlantic Bight is in the summer and winter, and is highest near shore, and in estuarine environments. The shelf break is home to a large number of corals and sea fans, most of which are found at depths of greater than 50 m. The bight is also an important migratory pathway for the humpback whale , fin whale , and

3854-479: The Gulf of Maine: Wilkinson Basin to the west, Jordan Basin in the northeast, and Georges Basin in the south, which are isolated from each other beneath the 650-foot (200 m) isobath . Georges Basin, just north of Georges Bank, is the deepest of the three at just over 1,200 feet (370 m) and generates a pocket at the end of the Northeast Channel, a deep fissure between Georges Bank and Browns Bank,

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3948-534: The Interior to acquire land or interests in land that would further the conservation of these species. The Department of Interior issued 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

4042-784: The Kennebec River in 1607, the same year as the Jamestown settlement, followed by the Plymouth Colony on the shores of Massachusetts Bay in 1620. The cod fisheries that flourished in this ecosystem were able to support the Industrial Revolution occurring in Europe as well as playing a role during the 17th through early 19th century’s trade routes between Africa, the Caribbean, North America and Europe. In

4136-608: The North Atlantic Ocean at a more rapid rate and to greater depths than occurs in the North Pacific. Gulf of Maine The Gulf of Maine is a large gulf of the Atlantic Ocean on the east coast of North America . It is bounded by Cape Cod at the eastern tip of Massachusetts in the southwest and by Cape Sable Island at the southern tip of Nova Scotia in the northeast. The gulf includes

4230-582: 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

4324-499: 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

4418-426: 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

4512-435: 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

4606-472: 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

4700-419: The best scientific and commercial data." This standard 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

4794-480: The concept of what 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"

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4888-627: The critically endangered North Atlantic right whale . It is also home to five species of sea turtle: the loggerhead sea turtle , Kemp's ridley sea turtle , leatherback sea turtle , hawksbill sea turtle , and green sea turtle ; all of which are protected under the Endangered Species Act . The majority of sampled benthic biomass was composed of sea scallops, with horseshoe crab and Atlantic blue crab also being important. Important fish include scup, Atlantic croaker, bluefish , and striped bass . The NEUS Continental Shelf Ecosystem

4982-580: 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 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

5076-453: 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

5170-431: The deeper waters, Agarum clathratum are more abundant in the rocky subtidal zone. The waters of the Gulf of Maine system, particularly at the boundary with the Bay of Fundy , are also home to the summering grounds for many different bird and whale species, most notably the highly endangered North Atlantic right whale . The gulf was home to the sea mink until its extinction in the late 1800s. Water temperatures in

5264-457: 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

5358-612: 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 , 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,

5452-441: 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

5546-582: The entire coastlines of the U.S. states of New Hampshire and Maine , as well as Massachusetts north of Cape Cod, and the southern and western coastlines of the Canadian provinces of New Brunswick and Nova Scotia , respectively. The gulf was named for the adjoining English colonial Province of Maine , which was in turn likely named by early explorers after the province of Maine in France . Massachusetts Bay , Penobscot Bay , Passamaquoddy Bay , and

5640-542: The environment." The Endangered Species Act is administered by two federal agencies, 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

5734-495: The extinction of these species. Yet, it lacked the necessary Congressional authority and funding. In response to this need, Congress passed 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

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5828-401: 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

5922-424: 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

6016-544: The gulf by the Great South and Northeast channels that bisect the George's Bank. By contrast, the Mid Atlantic Bight's depth generally increases with distance from shore, and is less deep than the Gulf of Maine. At most locations of the Mid Atlantic Bight that are closer to shore than 100 km (62 mi), the Mid Atlantic Bight is less than 100 m (330 ft), and has a maximum depth of 375 m (1,230 ft) at

6110-626: The gulf from the Gulf Stream . Gulf of Maine waters are more strongly influenced by the Labrador Current , making the gulf waters significantly colder and more nutrient-rich than those found to the south. Undersea valleys in the central basin can reach depths of 1,500 feet (500 m), while undersea mountains rise up 800 feet (240 m) from the sea floor, almost reaching the surface in some locations, or even exceeding it, creating islands. There are three major basins contained within

6204-643: The gulf make it one of the most productive marine environments in the North Atlantic, and it furnishes habitat for more than 3,000 marine species and birds, including most notably large marine species such as haddock , pinnipeds , the Acadian redfish ( Sebastes fasciatus ), the Atlantic herring ( Clupea harengus ), and the American lobster ( Homarus americanus ), which grows to famously large sizes in

6298-496: The gulf. The biodiversity and productivity of the area are supported by kelp forest habitats that are found along the coastal zones of the gulf. In the Gulf of Maine, different kelp macroalgae species are found at various depths. At depths less than 5 meters, Alaria esculenta is most abundant, while the Saccharina species such as S. latissima and S. digita are the species primarily seen at depths of 5–15 meters. In

6392-615: 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 ;

6486-510: 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

6580-448: 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

6674-456: The list of protected species. While the 1966 Act only applied to 'game' and wild birds, 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

6768-557: 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

6862-446: The main path of the Gulf Stream, and thereby sees less direct influence from it. The Gulf of Maine is considered to be a relatively deep body of water, with an average depth of 490 feet (150 meters) and a maximum depth of 1236 feet (377) meters. Its southern border is defined by the Georges Bank , a shallow underwater plateau located offshore that forms a basin in the central Gulf of Maine. The Georges Bank restricts water movement into

6956-449: The most seaward locations of the Mid Atlantic Bight. The Mid Atlantic Bight also includes several large estuaries, such as Chesapeake Bay , whose average depth is less than 10 meters, and Long Island Sound with an average depth of around 20 meters. The Gulf of Maine is considered to be a cold water ecosystem, with typical surface temperatures of 10 °C in the winter to 17 °C in the summer. The cold Labrador Current and eddies of

7050-576: The northeastern part of the gulf. In recognition of the gulf's importance to marine habitat, both nations currently maintain complementary embargoes against offshore oil and gas exploration activities on Georges Bank in the southern part of the gulf. As of the past twenty years, however, traditional maritime fisheries focused on large fish species such as cod experienced a stock depletion that hurt commercial fishing. In response, harvesting of lobsters and other invertebrates rose. These changes can largely be attributed to anthropogenic factors. There has also been

7144-411: The number of fish caught, according to a study conducted by the Gulf of Maine Research Institute . Traditional calculations "consistently over-estimated the abundance of cod." From 2004, temperatures rose by more than 0.4 °F (0.22 °C) per year, culminating in an ocean heat wave in the northwest Atlantic in 2012–13. Starting in the early 1990's, to prevent further degradation of the ecosystem,

7238-410: 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

7332-424: 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

7426-492: 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 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

7520-576: 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

7614-794: The southwestern edge of the Scotian Shelf . The Northeast Channel is the major channel between the Gulf and the rest of the Northwest Atlantic. A secondary, shallower connection to the rest of the Atlantic is the Great South Channel, located between Georges Bank and the Nantucket Shoals. The watershed of the gulf encompasses an area of 69,000 square miles (180,000 km ), including all of Maine, 70% of New Hampshire, 56% of New Brunswick, 41% of Massachusetts, and 36% of Nova Scotia. The watershed also includes

7708-399: 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:

7802-440: 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

7896-408: The state of Massachusetts . The Mid Atlantic Bight section is more diverse in its climate, and is generally characterized by longer, warmer summers and milder winters than the Gulf of Maine. At the northern extreme of the Mid Atlantic Bight, Dfa and Dfb climates dominate in coastal Massachusetts, Rhode Island , Connecticut , and Long Island . From New York City to southern New Jersey , the climate

7990-525: The time because of the Department of Interior's limited definition of "fish and wildlife." The Endangered Species Preservation Act 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

8084-651: 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

8178-400: 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

8272-469: 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

8366-426: The water column. Microplastic pollution is a widespread problem in the North Atlantic Ocean; in 2018, samples of pelagic fish species native to the NEUS Continental Shelf sampled from Portugal found microplastic contamination in 49% of the fish. Ocean acidification is also a threat to the NEUS ecosystem, particularly organisms with carbonate shells. A study conducted by NOAA concluded that carbon dioxide can enter

8460-427: Was desired by Congressman John Dingell (D-Michigan) when he first proposed 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

8554-413: 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

8648-477: 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

8742-588: Was signed by Nixon on December 28, 1973 ( Pub. L.   93–205 ). It 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,

8836-445: 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 a steady decline in its population. By 1890, it had disappeared from its primary breeding range in the north central United States. Scientists of

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