Browsing by Subject "Endangered Species Act"

Now showing 1 - 4 of 4

Open Access
A Review of NOAA's Incidental Take Permit (ITP) Process
(2021-04-28) Cleary, Niki
The Endangered Species Act is considered the world’s most powerful piece of legislation. The purpose of the Act is to protect and recover imperiled species and the ecosystems they depend on. To achieve these goals, U.S. Fish and Wildlife Service and NOAA’s National Marine Fisheries Service implement many regulations, including one that prohibits almost all takes of listed species. One highly controversial aspect of the Act is the provision allowing non-federal entities to apply for an incidental take permit (ITP). ITPs authorize the incidental take of listed species during otherwise legal activities. I examined the ITP implementation process of listed marine species under NOAA’s jurisdiction. To analyze this process, I conducted a literature review and a case study analysis of the ITP issued to North Carolina Division of Marine Fisheries for sea turtles. I interviewed 13 stakeholders to obtain their perceptions of the process. The literature review revealed that little research has been conducted in regard to marine based ITPs, in contrast to the attention devoted to terrestrial ITPs. The review also revealed shared critiques and shortcomings of ITPs. My case study analysis demonstrated the complexities of the ITP process, which can be lengthy and require scientific data that may not exist. Interviews with stakeholders revealed a host of opinions, which varied considerably among participants. To improve the ITP process for protected species and stakeholders alike, I recommend that NOAA work toward streamlining the ITP process and ensure that all stakeholders are involved.
Open Access
Analyzing the Role of Sound in the Endangered Species Act: A Petition for Sperm Whale (Physeter macrocephalus) Critical Habitat in the Gulf of Mexico
(2017-04-27) Elliott, Brianna
A key feature of the Endangered Species Act (ESA) is the designation of critical habitat for threatened and endangered species. It is challenging to design critical habitat for marine species, however, due to knowledge gaps and the lack of spatial separation between key life functions (i.e. breeding, feeding). The acoustic component of habitat is particularly important for cetaceans, which rely on sound for communication and other essential life functions. Incorporating an acoustic factor into the critical habitat designations of threatened and endangered cetaceans has only occurred once to date. Thus, this project aims to suggest a way to incorporate sound into the ESA framework by drafting a citizen petition to the National Marine Fisheries Service to designate critical habitat for sperm whales (Physeter macrocephalus) in the Gulf of Mexico, largely based on the importance of acoustic habitat to their basic behavior.
Open Access
Assessing County and Regional Habitat Conservation Plan Creation: What Contributes to Success?
(2016-05-13) Baldino, Chelsea; Olander, Lydia; Galik, Christopher
Open Access
Policy Recommendations for the Reduction of Sea Turtle Bycatch in North Carolina’s Inshore Gill Net Fisheries
(2010-04-30T15:02:31Z) Wallis, Jenna
North Carolina’s 2.5 million acres of coastal waters provide habitat for five species of sea turtles. The North Carolina Division of Marine Fisheries (NCDMF) is charged with managing state fisheries and is responsible for ensuring that sea turtle bycatch is both limited and in compliance with the Endangered Species Act (ESA). In 2005, NCDMF applied for and obtained an Incidental Take Permit (ITP) under section 10 of the ESA. The Karen Beasley Sea Turtle Rescue and Rehabilitation Center, represented by the Duke Environmental Law and Policy Clinic, filed suit against NCDMF and the North Carolina Marine Fisheries Commission on February 23, 2010 for violations of that ITP and of section 9 of the ESA. In light of that lawsuit, this project examines potential methods for reducing sea turtle bycatch in North Carolina’s gill net fisheries. The goal of this master’s project was to find potential areas of agreement between recreational and commercial interests pertaining to sea turtle bycatch in the Pamlico Sound area. This goal included the explicit aim to create management recommendations for reductions in sea turtle / gill net bycatch based upon input from fishers. Commercial and recreational fishers were interviewed using an informal, semi-structured interview process. Participants were chosen using a referral system. The results of the interviews were analyzed using the NVivo software program. Commonalities between and within groups were coded and used to create management recommendations. The data suggest that newly imposed regulations will need to be strictly monitored in order to help ensure an effective outcome, given a long history of distrust between commercial and recreational fishers. Specific policy recommendations include gear modifications, increased gill net attendance requirements, increased fisher education on sea turtle entanglement in gill nets, increased penalties for lack of self reporting sea turtle interactions, and increased spatial and temporal restrictions on gill net usage.