Management Plan - National Estuarine Research Reserve System

Appendix EThe Federal Endangered Species Act of 1973The purpose of the Endangered Species Act (ESA) is to provide a means to conserve the ecosystemswhich endangered and threatened species depend on for their survival, and to conserve and recover listedspecies. Under the ESA, species may be listed as either “threatened” or “endangered.” All species ofplants and animals, except pest insects, are eligible for listing as either threatened or endangered.The ESA is administered by the Department of Interior’s US Fish and Wildlife Service (FWS) and theDepartment of Commerce’s National Oceanic and Atmospheric Administration – Fisheries (NOAA-Fisheries). The FWS has primary responsibility for terrestrial and freshwater organisms, while NOAA-Fisheries responsibilities are mainly for marine species.Under ESA, the Secretaries of either Commerce or the Interior are responsible for determining whetherany species is an endangered species or a threatened species. The Federal agencies must utilize theirauthorities to conserve listed species and make sure that their actions do not jeopardize the survival oflisted species. Recovery plans must also be developed and implemented for the purpose of conserving andimproving the survival of endangered and threatened species.Species are also protected through partnerships with the States. Section 6 of the ESA encourageseach State to develop and maintain conservation programs for resident federally listed threatened andendangered species. States may also have their own laws to protect species of plants and animals.Financial assistance for state programs may be obtained from the Secretary. These funds may be used tocarry out species status inventories and monitoring, and to establish conservation programs.There are other laws that help protect declining populations of rare species and their habitats, includingthe Marine Mammal Protection Act, the Migratory Bird Treaty Act, and the Anadromous FishConservation Act. The Lacey Act prohibits certain actions related to animal trade, including importation,exportation, possession, trade, purchase and sales, possession, and transportation.Maine Endangered Species ActThe Maine Endangered Species Act was passed by the Maine Legislature in 1975 and is administeredby the Maine Department of Inland Fisheries and Wildlife (MDIFW). If a species or species of fish andwildlife are in danger of being rendered extinct within the State – and the species is determined to beof aesthetic, ecological, educational, historical, recreational, and of scientific value—MDIFW will takeaction to conserve and protect the species and the ecosystems upon which they depend.To achieve that purpose of the Act, MDIFW will conduct investigations on any species of fish or wildlifeto determine whether it is threatened or endangered, and to develop information on population size,distribution, habitat needs, limiting factors or other data relating to their status and requirements forsurvival. It will then develop the necessary programs to enhance or maintain the species. If warranted,MDIFW will designate a species endangered or threatened, thereby making them eligible for additionalrecognition and protection under the law and to establish the programs necessary for their recovery.The National Flood Insurance ActIn 1968, Congress created the National Flood Insurance Program (NFIP) in response to the rising cost oftaxpayer funded disaster relief for flood victims and the increasing amount of damage caused by floods.The Federal Insurance and Mitigation Administration (FIMA), a component of the Federal EmergencyManagement Agency (FEMA), manages the NFIP and oversees the floodplain management and mapping184 Wells National Estuarine Research Reserve