Susan Combs - Texas Comptroller of Public Accounts
Texas Ahead - Economic Resources for Growing and Governing Texas

Glossary of Terms Relating to Endangered Species

A

Action: an activity or program of any kind authorized, funded or carried out, in whole or in part, by a federal agency in the U.S. or upon the high seas, such as:

  1. an action intended to conserve listed species or their habitat;
  2. the promulgation of a regulation;
  3. the granting of a license, contract, lease, easement, right-of-way, permit, or grant in aid; or
  4. an action directly or indirectly causing modification to the land, water or air.16

Action area: all areas to be affected directly or indirectly by thefederal action and not merely the immediate area involved in the action.17

Adversely affect/adverse effect: all areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action.18

Anticipated/allowable/authorized: in incidental take statements, the U.S. Fish and Wildlife Service (FWS) or National Marine Fisheries Service (NMFS) determines the amount or extent of incidental take "anticipated" due to the proposed action or an action modified by reasonable and prudent alternatives. Incidental take statements, should only include the phrase "anticipated" rather than "allowable" or "authorized," as the services do not allow or authorize (formally permit) incidental take under Section 7.19

Antique: any article that is not less than 100 years of age, is composed in whole or in part of any endangered or threatened species, and has not been repaired or modified with any part of any such species on or after December 28, 1973. The international movement of a specimen that is an antique may require a permit (either from the FWS or from the foreign exporting or re-exporting country) or an affidavit as outlined in regulation.20

Appreciably diminish the value: to considerably reduce the ability of designated or proposed critical habitat to satisfy requirements essential to both the survival and recovery of a listed species.21

Area of critical environmental concern: defined by Congress to mean public land areas where special management is required to protect and prevent irreparable damage to important historical, cultural or scenic values, fish and wildlife habitat and other natural systems or processes, or to protect life and provide safety from natural hazards.22

B

Beneficial effects: contemporaneous positive effects without any adverse effects to species or habitat. In biological assessments, a combination of beneficial and adverse effects is still considered "likely to adversely affect" the species or habitat and the proposed action would therefore require formal consultation with the FWS or NMFS.23

Biodiversity: the variety of life and its processes, including the variety of living organisms, the genetic differences among them and the communities and ecosystems in which they occur.24

Biological assessment: a document prepared for the Section 7 process to determine whether a proposed major construction activity under the authority of a federal action agency is likely to adversely affect listed species, proposed species or designated critical habitat.25

Biological opinion: a document stating the opinion of FWS or NMFS on whether or not a federal action is likely to jeopardize the continued existence of listed species or result in the destruction or adverse modification of critical habitat.26

C

Candidate conservation agreement: a voluntary agreement between FWS or NMFS and other federal or non-federal landowners that identifies specific conservation measures that the participants will undertake to conserve candidate or proposed species covered by the agreement with the intention of preventing any need to list the species.27

Candidate conservation agreement with assurances: a voluntary agreement between FWS or NMFS and a non-federal property owner who agrees to manage lands or waters to remove threats to candidate or proposed species, with assurances that the property owner’s conservation efforts will not result in future regulatory obligations that exceed those agreed to at the time the agreement is signed; it authorizes “take” if the species is later listed.28

Candidate species: a plant or animal species for which FWS or the NMFS has on file sufficient information on biological vulnerability and threats believed to support a proposal to list it as endangered or threatened, but for which issuance of a proposed rule is currently precluded by higher priority listing actions. Candidate species receive no statutory protection under the Endangered Species Act (ESA).29

Captive bred wildlife permit: issued by FWS to a person registered with the service to buy and sell within the U.S. live, non-native endangered or threatened animals which were captive born in the U.S. for enhancement of species propagation, provided the other person is registered for the same species. A separate permit is needed to import or export such species.30

Captive breeding: the process of breeding threatened or endangered species in controlled settings, such as wildlife preserves and zoos.31

Carrying capacity: the number of individuals an area’s resources can sustain, given the conditions and resources available and the biological and behavioral needs of the species.32

Certificate of Inclusion: a certificate issued to a participating landowner that enrolls lands in a candidate conservation agreement with assurances (CCAA) (through the associated Enhancement of Survival Permit) and providing that no additional conservation measures or additional land, water or resource use restrictions, beyond those voluntarily agreed to and described in the "Conservation Measures" section of the CCAA, will be required should the addressed candidate species become listed as a threatened or endangered species in the future.33

Citizen suits: after filing a notice of intent to sue, individuals can sue for injunctive relief to stop violations of the ESA or to enforce applicable deadlines of Section 4 of the ESA that are sometimes missed by the agencies. Citizen suits also may be filed to stop any person, including a governmental agency, alleged to be in violation of any provision of this act; to compel the secretary of interior to apply the prohibitions to taking an endangered species; or against the secretary of interior where there is an alleged failure to list endangered species or designate critical habitat.34

Common name: the nonscientific name of an animal or plant most widely used and accepted by the scientific community.

Concurrence letter: a document issued by FWS or NMFS as part of the ESA §7 consultation process. If a biological assessment concludes that the activity is not likely to adversely affect a species or critical habitat, and FWS or NMFS issues a concurrence letter agreeing with the conclusion in the biological assessment, the consultation process ends; otherwise, a formal consultation is needed, culminating with a biological opinion.35

Conference: the interagency cooperation process required for a federal action that is likely to jeopardize the continued existence of a species proposed for listing or result in the destruction or adverse modification of proposed critical habitat.36

Conservation banking: conservation banks are lands that are permanently protected, conserved and managed for species that are endangered, threatened, candidates for listing or are otherwise at risk. In return for the conservation of these species, FWS approves a certain number of habitat or species credits that may be sold. Project developers that must provide compensation for unavoidable impacts on species may purchase these credits from a conservation bank to mitigate the adverse impact to the species.37

Conservation recommendation: a suggestion that FWS or NMFS may provide with a biological opinion describing discretionary conservation actions; it is advisory and does not carry any binding legal force.38

Conserve, conserving and conservation: in the context of the ESA, the use of methods and procedures necessary to bring any endangered or threatened species to the point at which the measures provided under the ESA are no longer necessary; includes research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, transportation and, in the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved, may include regulated taking.39

Constituent elements: physical and biological features of designated or proposed critical habitat essential to the conservation of the species, including space for individual and population growth, and for normal behavior; food, water, air, light, minerals or other nutritional or physiological requirements; cover or shelter; sites for breeding, reproduction, rearing of offspring, germination, or seed dispersal; and habitats that are protected from disturbance or are representative of the historic geographic and ecological distributions of a species.40

Consultation: the process required of a federal agency when any activity authorized, carried out or conducted by that agency may affect a listed species or designated critical habitat; consultation is with FWS or NMFS and may be either informal or formal.41

Covered species: listed or unlisted species that have been adequately addressed in a habitat conservation plan, and are included on the incidental take permit and are subject to "no surprises" assurances.42

Critical habitat: specific geographic areas, whether occupied by a listed species or not, which are essential for a species' conservation and that have been formally designated by rule.43

Cumulative effects: for purposes of consultation under the ESA, the effects of future state or private activities that are reasonably certain to occur within the action area of an action subject to consultation.44

D

Delist: to remove an animal or plant species from the list of endangered and threatened wildlife and plants.45

Designated non-federal representative: a person designated by the federal agency as its representative to conduct informal consultation and/or to prepare any biological assessment.46

Destruction or adverse modification of critical habitat: a direct or indirect alteration that appreciably diminishes the value of critical habitat for both the survival and recovery of a listed species.47

Director: the assistant administrator for Fisheries or the Fish and Wildlife Service regional director; or their respective authorized representative.48

Discountable effects: effects that are extremely unlikely to occur.49

Distinct population segment: a subdivision of a vertebrate species that is treated as a species for purposes of listing under the Endangered Species Act. To be so recognized, a potential distinct population segment must satisfy standards specified in a FWS or NMFS policy statement (See the Feb. 7, 1996 Federal Register, pp. 4,722-4,725). The standards require the segment to be separate from the remainder of and significant to the species to which it belongs.50

Downlist: the reclassification of an endangered species to a threatened species based on alleviation of any of the five listing factors provided under Section 4(a) (1) of the ESA.51

E

Early consultation: a preliminary consultation requested by a federal agency on behalf of a prospective permit or license applicant prior to the filing of an application for a federal permit or license.52

Ecological extinction: the reduction of a species to such low numbers that, although it is still present in the community, it no longer interacts significantly with other species.53

Ecological interaction: the sum total of impacts of one species on another species, or on members of the same species.54

Ecosystem: a dynamic and interrelating complex of plant and animal communities and their associated nonliving (such as physical and chemical) environment.55

Ecosystem approach: a philosophy of resource management that focuses on protecting or restoring the function, structure and species composition of an ecosystem, recognizing that all components are interrelated.56

Effects of the action: the direct and indirect effects of an action on the species or critical habitat, together with the effects of other activities that are interrelated or interdependent with that action, which will be added to the environmental baseline. Used along with the environmental baseline and the predicted cumulative effects to determine the overall effects to the species for a biological opinion on the proposed action.57

Emergency (consultation): an emergency is a situation involving acts of God, disasters, casualties, national defense or security emergencies, etc., and including response activities that must be taken to prevent imminent loss of human life or property. Where emergency circumstances mandate the need to consult in an expedited manner, consultation may be conducted informally through alternative procedures that the director determines to be consistent with the requirements of sections 7(a)–(d) of the ESA.58

Endangered species: an animal or plant species in danger of extinction throughout all or a significant portion of its range.59

Endangered Species Committee: composed of the Secretary of Agriculture, Secretary of the Army, Chairman of the Council of Economic Advisors, Administrator of the Environmental Protection Agency, Secretary of the Interior, Administrator of the National Oceanic and Atmospheric Administration and an appointee in the effected state(s) made by the president to review applications for exemption of proposed federal activities from jeopardy opinion or other ESA provisions. Five of the seven members must vote for the exemption to allow takes of listed species.60

Endangered species permit: a document issued by FWS or NMFS under authority of section 10 of the ESA, allowing an action otherwise prohibited under Section 9 of the ESA.61

Endemic species: a native species with a restricted geographic distribution and/or certain specialized habitats.62

Enhancement of survival permit: a type of permit issued by FWS or NMFS under the authority of section 10(a)(1)(A) of the Endangered Species Act. It permits an otherwise prohibited action that benefits the conservation of a listed species.63

Environmental baseline: specific to Section 7 of the ESA, the past and present impacts of all federal, state or private actions and other human activities in an action area; the anticipated impacts of all proposed federal projects in an action area that have already undergone formal or early section 7 consultation; and the impact of state or private actions that are contemporaneous with the consultation in process.64

Essential experimental population: an experimental population whose loss would appreciably reduce the prospect of survival of the species in the wild. All other experimental populations are "nonessential."65

Experimental population: a geographically described group of reintroduced plants or animals that is isolated from other existing populations of the species. Members of the experimental population are considered to be threatened under the ESA, and thus can have special regulations written for them under section 4(d). However, if the experimental population is determined to be "nonessential" to the survival of the species, the nonessential experimental population is not given the full protections of the ESA.66, 67

Extinct species: a species that no longer exists; for ESA, a species currently believed to be extinct.68

Extirpated species: a species no longer surviving in regions that were once part of its range.69

F

Federal action agency: any department or agency of the U.S. proposing to authorize, fund or carry out an action under existing authorities.70

Federal Register: the official daily publication for rules, proposed rules andnotices of federal agencies and organizations, as well as Executive Orders and other presidential documents.71

Finding of no significant impact: a document prepared by a federal agency that briefly presents the reasons why an action will not have a significant effect on the human environment and thus does not require an environmental impact statement.72

Fish or wildlife: any member of the animal kingdom, including any mammal, fish, bird, amphibian, reptile, mollusk, crustacean, arthropod or other invertebrate and including any part, product, egg or offspring thereof, or the dead body parts thereof.73

Fitness: the relative ability of an individual (or population) to survive and reproduce (pass on its genes to the next generation) in a given environment.

Formal consultation: the required process between FWS or NMFS and a federal agency or applicant conducted when a federal agency determines its action is likely to adversely affect a listed species or its critical habitat; used to determine whether the proposed action is likely to jeopardize the continued existence of listed species or adversely modify critical habitat. This determination is stated in a biological opinion.74

Foreign commerce: includes, among other things, any transaction between persons in one foreign country; between persons in two or more foreign countries; between a person within the U.S. and a person in a foreign country; or between persons within the U.S., where the fish or wildlife in question are moving in any country or countries outside the U.S..75

Foundation species: dominant primary producer in an ecosystem both in terms of abundance and influence.76

Fragmentation (of habitat): the dividing of large continuous areas of habitat by disturbances (usually manmade) in such a manner that the disturbed areas dominate that landscape and remnants of undistributed habitat are surrounded by modified habitat.77

H

Habitat: the place or environment where a plant or animal naturally lives and grows (a group of particular environmental conditions).78

Habitat conservation plan: a plan that outlines ways of maintaining, enhancing and protecting a given habitat type needed to protect species; usually includes measures to minimize impacts and may include provisions for permanently protecting land, restoring habitat and relocating plants or animals to another area. This plan is required before an incidental "take" permit may be issued.79

Harass: to intentionally or negligently, through an act or omission, create the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavior patterns such as breeding, feeding and sheltering (defined by FWS regulation; NMFS has not defined "harass" by regulation).80

Harm: to perform an act that kills or injures wildlife; may include significant habitat modification or degradation when it kills or injures wildlife by significantly impairing essential behavioral patterns including breeding, feeding or sheltering.81

Historic range: the geographic area where a species was known to or believed to occur within historic time.82

Hybrid: plant or animal resulting from a cross between genetically different parents. In the context of the ESA, hybrids propagated in captivity from one listed parent and one non-listed parent are exempt from the requirements of the act. All other hybrids that involve crosses of listed species or subspecies are covered by the act.83

I

Implementation schedule: an outline of actions, with responsible parties, estimated costs and timeframes, for meeting the recovery objectives described in a species’ recovery plan.84

Imperiled species: also known as a "species of concern." An informal term referring to a species that needs conservation action. This may or may not mean the species will be considered for listing in the future by the FWS or NMFS.85

Incidental take: take that results from, but is not the purpose of, carrying out an otherwise lawful activity.86

Incidental take permit: a permit issued under section 10(a)(1)(A) of the ESA to a non-federal party undertaking an otherwise lawful project that might result in the take of an endangered or threatened species. Application for an incidental take permit is subject to certain requirements, including preparation by the permit applicant of a conservation plan, generally known as an "HCP."87

Incidental take statement: the part of a non-jeopardy biological opinion that estimates the amount or extent of incidental take of listed species likely to result from the action subject to consultation and exempts that take from ESA Section 9 take prohibitions. Per Section 7(o)(2), actions that are conducted in conformance with the terms and conditions of an incidental take permit are exempt from the Section 9(a)(1) prohibitions on take.88

Indicator species: a species whose status provides information on the overall condition of the ecosystem and of other species in that ecosystem. They reflect the quality and changes in environmental conditions as well as aspects of community composition.89

Indirect effect: an effect caused by a proposed action that takes place later in time than the action, but is still reasonably certain to occur.90

Informal consultation: an optional process that includes all discussions, correspondence, etc., between FWS or NMFS and the federal agency or the designated non-federal representative prior to formal consultation, if required.91

Insignificant effects: relates to the size of the impact. Based on best judgment, a person would not be able to meaningfully measure, detect or evaluate insignificant effects. These effects should never reach the level where a take occurs.92

Integrated landscape management: a management process that integrates the needs of multiple species across a broad landscape.93

Interdependent action: an action that has no independent utility apart from the proposed action that is subject to consultation.94

Interrelated action: an action that is part of a larger action, and that depends on the larger action for its justification.95

Intrastate commerce: commercial activities involving legally acquired endangered or threatened species that take place entirely within one state, by state residents, are not prohibited by the ESA. However, many states have their own laws that regulate activities with protected species.96

J

Jeopardy biological opinion: an FWS or NMFS biological opinion determining that a federal action is likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of critical habitat.97

Jeopardize the continued existence of: to engage in an action that reasonably would be expected, directly or indirectly, to reduce appreciably the likelihood of both the survival and recovery of a listed species in the wild by reducing the reproduction, numbers or distribution of that species.98

K

Keystone species: a species whose activities have a significant role in determining community structure and whose impact on its community or ecosystem is disproportionately large relative to its abundance.99

L

Lead region: FWS or NMFS region responsible for coordinating all actions taken to study, propose, list, conserve and delist a species.100

Lead office: FWS or NMFS field office responsible for coordinating all or most actions taken to study, propose, list, conserve or delist a species. The lead office is given the lead responsibility over the entire range of a species, including anywhere it occurs in other regions.101

Listed species: a species, subspecies or distinct population segment that has been added to the federal list of endangered and threatened wildlife and plants.102

Listing: the formal process through which FWS or NMFS adds species to the federal list of endangered and threatened wildlife and plants.103

Listing priority: a number, ranging from one to 12, assigned to each candidate species that indicates the relative urgency for listing it as threatened or endangered, using criteria that reflect the magnitude and immediacy of threats to the species, as well as its relative taxonomic distinctness or isolation.104

Loans and gifts: lawfully taken and held endangered and threatened species may be shipped interstate as a bona fide gift or loan if there is no barter, credit, other form of compensation or intent to profit or gain. A standard breeding loan, where no money or other consideration changes hands but some offspring are returned to the lender of a breeding animal, is not considered a commercial activity and thus is not prohibited by the ESA and does not require a permit. Documentation of such activity should accompany shipment.105

M

Major construction activity: a construction project (or other undertaking having similar physical impacts) that is a major federal action significantly affecting the quality of the habitat or environment as cited in the National Environmental Piolicy Act regarding the ESA.106

May effect: used when a proposed action by a federal agency could have an impact (either positive or negative) on a listed species or its critical habitat.107

Mitigation: planning actions taken to either avoid an impact altogether; minimize the degree or magnitude of the impact; reduce the impact over time; rectify the impact; or compensate for the impact.108

Monitor (five-year reviews): the FWS is required under Section 4(c)(2) of the ESA to review the status of each federally listed species every five years. These five-year reviews evaluate whether a federally listed species should be delisted, reclassified from endangered to threatened, reclassified from threatened to endangered or retain the current classification. The purpose of a five-year review is to ensure that listed species have the appropriate level of protection under the ESA.

N

Non-jeopardy biological opinion: an FWS or NMFS biological opinion that determines that a federal action is not likely to jeopardize the existence of a listed species or result in the destruction or adverse modification of critical habitat.109

No-surprises policy: policy stating that upon issuance of an incidental take permit, FWS or NMFS can issue terms and conditions that include "no-surprises assurances," issued in accordance with federal regulations. These regulations allow for assurances to be given to private landowners that if "unforeseen circumstances" arise, FWS or NMFS will not require the commitment of land, water or financial compensation or additional restrictions on the use of land, water or other natural resources beyond the levels otherwise agreed to in the conservation plan, without the consent of the permittee.110

P

Participation plan: a plan describing the means to carry out one or more tasks outlined in the implementation schedule of a recovery plan.111

Petition: a formal request that a species be listed, reclassified or delisted, or that critical habitat be revised for a listed species under ESA. Critical habitat can be petitioned for designation under the Administrative Procedures Act.112

Plant prohibitions: the concept of take does not apply to plants. Instead, for plants, it is prohibited to import or export, remove and reduce to possession any such species from areas under federal jurisdiction; maliciously damage or destroy any such species on any such area; or remove, cut, dig up, damage or destroy any such species on any other area in knowing violation of any law or regulation of any state or in the course of any violation of a state criminal trespass law.113

Predation: a situation in which an organism of one species (predator) captures and feeds on an organism of another species (prey). An ESA factor in determining classification of threatened or endangered species.114

Primary constituent element: a physical or biological feature essential to the conservation of a species on which its designated or proposed critical habitat is based, such as space for individual and population growth, and for normal behavior; food, water, air, light, minerals or other nutritional or physiological requirements; cover or shelter; sites for breeding, reproduction, rearing of offspring, germination or seed dispersal; and habitats that are protected from disturbance or are representative of the species’ historic geographic and ecological distribution.115

Programmatic consultation: consultation addressing multiple actions of an agency on a program-wide, regional or other basis.116

Propose: the formal process of publishing a draft federal regulation in the Federal Register and establishing a comment period for public input into the decision-making process. Plants and animals must be proposed for listing as threatened or endangered, and the resulting public comments must be analyzed, before the FWS or NMFS can make a final decision.117

Proposed critical habitat: habitat proposed in the Federal Register as critical habitat, or proposed to be added to an existing critical habitat designation, under Section 4 of the ESA for any listed or proposed species.118

Proposed species: a species of animal or plant that is proposed in the Federal Register to be listed under Section 4 of the ESA.119

R

Range:the geographic area a species is known or believed to occupy.120

Raptors (birds of prey): birds that primarily hunt vertebrates and use their feet instead of their beak to capture prey; they have exceptionally good vision and hearing, large, hooked beaks and powerful feet with curved, sharp talons.121 Prohibitions under the ESA do not apply to any endangered or threatened raptors (except the bald eagle) legally held in captivity since Nov. 10, 1978, or to any progeny of such birds provided they are possessed and banded under the terms of the Migratory BGird Treaty Act permit and are identified in the earliest annual report required by the permit.122

Reasonable and prudent measure: an action that FWS or NMFS believes necessary or appropriate to minimize the amount or extent of incidental take caused by an action that was subject to consultation.123

Reclassify: to change a species’ official status from threatened to endangered, or vice versa.124

Recovery: the process by which the decline of an endangered or threatened species is stopped or reversed, or threats to its survival are neutralized, so that its long-term survival in the wild can be ensured.125

Recovery Credit System (RCS): a voluntary program that provides technical guidance and assistance to private landowners with qualifying lands that support habitat for threatened or endangered wildlife or plant species. It provides a mechanism for private landowners to generate endangered species recovery credits, which can be purchased by public, private and federal entities to comply with the ESA. Recovery crediting builds measurable conservation benefits, leading to recovery goals for the species of interest.

Recovery outline: the first FWS or NMFS recovery document provided for a listed species. While brief, the document serves to direct recovery efforts pending the completion of the species’ recovery plan.126

Recovery permit: a permit issued under Section 10(a)(1)(A) of the ESA for scientific research and other activities benefiting the recovery of federally listed species; allows for research pertaining to species recovery, such as taking blood samples for genetic analysis or conducting surveys to determine species status and distribution.127

Recovery plan: a document drafted by FWS, NMFS or another knowledgeable individual or group that serves as a guide for activities to be undertaken by federal, state or private entities in helping to recover and conserve endangered or threatened species.128

Recovery priority: a rank, ranging from a high of 1C to a low of 18, whereby priorities are assigned to listed species and recovery tasks; assignment of rank is based on degree of threat, recovery potential, taxonomic distinctiveness and presence of an actual or imminent conflict between the species and development activities.129

Refuge: an area where wildlife are not subject to many of the human-caused disturbances that may be limiting populations in other areas, such as habitat disturbances, poaching and developed regulation.130

Reintroduction: the process of establishing a species in an area that it previously occupied, but no longer occupies.131

Riparian area: an area of land adjacent to a creek, stream or other body of water where vegetation is strongly influenced by the presence of water.132

Risk assessment: evaluating the probability of an action having a negative impact that is not within prescribed limits or acceptable bounds.133

S

Safe harbor agreement: a voluntary agreement signed by FWS or NMFS and a property owner and any other cooperator that (a) sets forth specific management activities that a non-federal property owner will undertake or forgo to provide a net conservation benefit to species covered by the agreement, and (b) provides the property owner with the Safe Harbor assurances described within the agreement and authorized in an enhancement of survival permit.134

Scientific name: a formal Latin or Latinized name applied to a taxonomic group of animals or plants. A species’ scientific name is a two-part combination consisting of the genus followed by the species. For example, Myotis lucifugus is the scientific name of a bat with the common name of little brown bat. If a species has been further divided into subspecies, a third part is added to the scientific name. The Arizona bat is Myotis lucifugus occultus; "occultus" distinguishes the Arizona subspecies from other subspecies of the little brown bat.135

Scientific take permit: see "Recovery permit."136

Section 4(d) rule: a regulation developed by FWS or NMFS establishing prohibitions that apply for a threatened species. Any prohibitions adopted must be those necessary and advisable to provide for the conservation of the species.137

Self-sustaining population: a population that perpetuates itself in the absence of (or despite) human intervention, without chronic decline, in its natural ecosystem. A self-sustaining population maintains itself at a level above the threshold for listing under the ESA. In some documents, the terms "self- sustaining" and "viable" are used interchangeably.138

Sensitive species: plant, fish or animal species not listed as threatened or endangered pursuant to the ESA, but that are undergoing status reviews or are proposed or candidate species for listing.139

Service(s): the Fish and Wildlife Service or the National Marine Fisheries Service (or both).140

Similarity of appearance: a species may be treated as endangered or threatened if it resembles in appearance a species that has been listed under section 4 and enforcement personnel would have difficulty distinguishing between the listed and the unlisted species; if the effect of this difficulty is an additional threat to the listed species; and if such treatment of the unlisted species would improve protection for the listed species. A similarity of appearance listing must be promulgated or formalized by rule.141

Special rule: see "Section 4(d) rule."142

Species: for purposes of the ESA, this term includes any species or subspecies of fish, wildlife or plants, and any distinct population segment of any species of fish or wildlife that interbreeds when mature.143

Species of concern: an informal term referring to a species that might be in need of conservation action. This may range from a need for periodic monitoring of populations and threats to the species and its habitat, to the necessity for listing as threatened or endangered. Such species receive no legal protection, and use of the term does not necessarily imply that a species will eventually be proposed for listing. A similar term is "species at risk," which is a general term for listed species as well as unlisted ones that are declining. Canada uses the term in its new "Species at Risk Act."144

Status review: the ESA requires the Secretary of the Interior to review the status of all listed species every five years to determine if conditions have changed and a reclassification or delisting is warranted.145 See also "Monitor (five-year reviews)"

Subspecies: a taxonomic rank below that of species, usually recognizing individuals that have certain heritable morphological, behavioral or physiological characteristics distinct from other subspecies of a species.146

Supplementation: the use of artificial propagation to maintain or increase natural reproduction while maintaining the long-term fitness of the target population, and keeping the ecological and genetic impacts to non-target populations within specified biological limits.147

Survival: the condition in which a species continues to exist into the future while retaining the potential for recovery. This condition is characterized by a species with a sufficient population, represented by all necessary age classes, genetic heterogeneity and number of sexually mature individuals producing viable offspring, which exists in an environment providing all requirements for completion of the species' entire life cycle, including reproduction, sustenance and shelter.148

T

Take: to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect a protected species, or to attempt to engage in any such conduct; may include significant habitat modification or degradation if it kills or injures wildlife by significantly impairing essential behavioral patterns including breeding, feeding or sheltering. (Excludes plants.)149

Taxon: a taxonomic category, as a species or genus.

Terms and conditions: required actions described in an incidental take permit or incidental take statement intended to implement the reasonable and prudent measures.150

Textual descriptions: written descriptions in the rules that describe the boundaries of the critical habitat.151

Threatened species: an animal or plant species likely to become endangered within the foreseeable future throughout all or a significant portion of its range.152

U

Undescribed taxa: previously undescribed species or genus for which the petitioner files a description, which has passed through a scientific peer review process and will be considered eligible for listing.153

Unoccupied critical habitat: critical habitat not occupied (i.e., not permanently or seasonably occupied) by the listed species at the time of the project analysis. The habitat may be suitable, but the species has been extirpated from this portion of its range. Conversely, the habitat may not be suitable for the species but is able to be restored. Some designated areas may never be occupied by the listed species but was designated because it is essential for conserving a listed species.154

W

Warranted but precluded: a twelve-month petition finding that a petitioned action should be undertaken, but cannot because the resources necessary to do so are being devoted to actions with higher priority.155


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Compiled by Jodee Bruce, Texas Comptroller of Public Accounts, Legislative Affairs Division, Aug. 2011.