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Endangered Species Law and Policy

Tag Archives: Take

New Article Takes Stock of Federal Agency Proposal to Use Surrogates to Establish Take Limits

Posted in Conservation

In an article forthcoming in the Journal of Environmental Studies and Sciences, Dr. Dennis Murphy and I examine a proposal by the Fish and Wildlife Service and National Marine Fisheries Service to amend the existing regulations that implement the interagency consultation process set out in Section 7 of the Endangered Species Act by codifying their pre-existing practice… Continue Reading

ESA Lawsuit Filed Challenging Operations At The Trinity River Fish Hatchery

Posted in Court Decisions

The Trinity River Hatchery, which is operated by the California Department of Fish and Wildlife and funded by the U.S. Bureau of Reclamation, has a production capacity of approximately 40 million salmonid eggs.  Operations at the Hatchery are intended to mitigate for lost salmonid habitat due to the construction and operation of various water projects…. Continue Reading

Proposed Rule Would Regulate U.S. Navy’s Impact on Marine Mammals

Posted in Legislation

On January 31, 2013, the National Marine Fisheries Service (NMFS) issued a proposed rule to regulate the impact of United States Navy exercises on marine mammals.  The rule would affect areas off the Southern California, Atlantic, and Hawaiian coastlines.  The proposed rule is in response to the Navy’s request for authorization to incidentally take (e.g., harm… Continue Reading

Court finds that Section 9 does not require demonstration of future harm

Posted in Court Decisions

In a recent decision out of Oregon, a United States District Court found that plaintiffs do not need to prove a likelihood of future take to prevail on a Section 9 claim.  Stout v. U.S. Forest Service, ECF No. 112 (D. Or. April 24, 2012).  Plaintiffs, ranchers who had been partially enjoined from grazing on certain banks because of potential impacts… Continue Reading