Endangered Species Act 1973 Quiz!
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What document does a non-federal applicant need to prepare, in consultation with the Services, in order to receive an Incidental Take Permit under Section 10 of the Act?
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Biological Evaluation (BE)
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Biological Assessment (BA)
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Memorandum of Agreement for Authorized Incidental Take (a "Take MOA")
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Habitat Conservation Plan
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.jpg "What document does a non-federal applicant need to prepare, in consultation with the Services, in order to receive an Incidental Take Permit under Section 10 of the Act?")
Welcome Human, this quiz will challenge your awareness regarding the rules and regulations set for saving the endangered species and their habitats because of various human actions. This quiz is particularly based upon the Endangered Species Act 1973. So, spend some minutes on this quiz and test your knowledge about the topic.
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- 2.
True or False: "Adverse Modification" of critical habitat concerns only effects on the survival of a species and not recovery. Recovery is explicitly excluded from consideration under Section 7 and is only addressed through the separate Recovery Planning Process of Section 4.
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True
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False
Correct Answer
A. FalseExplanation
FWS/NMFS jointly define “destruction or adverse modification of critical habitat” as "a direct or indirect alteration that appreciably diminishes the value of critical habitat for both survival AND recovery of a listed species." 50 CFR 402.02. Note that there remains major unresolved issues regarding what "adverse modification" means.Rate this question:
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- 3.
How much time do the services have to make a “substantial information” finding after receiving a petition to list or delist a species?
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30 days
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60 days
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90 days
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12 months
Correct Answer
A. 90 daysExplanation
The Services must make a finding within 90 days of receiving a petition (to the extent practicable) as to whether or not there is “substantial information” indicating that the petitioned listing may be warranted. If this preliminary finding is positive, a status review is conducted, with a finding that the listing either is or is not warranted required within one year of receipt of the petition.Rate this question:
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- 4.
Which section(s) off the Act addresses "jeopardy " jeopardy jeopardy jeopardy ddd
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Section 4
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Section 7
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Section 9
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Section 10
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All of the above
Correct Answer
A. Section 7Explanation
Jeopardy is only mentioned in Section 7.Rate this question:
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- 5.
What is the difference between a Biological Evaluation (BE) and a Biological Assessment (BA)?
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A BA is defined under ESA. A BE is a generic term not mentioned in either the Act or the CFRs.
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A BA is for formal consultations only. A BE is for informal consultation.
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A BA is prepared only for federal actions that require an EIS. BEs are for all other types of actions.
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A BA is for federal actions. A BE is for non-federal actions.
Correct Answer
A. A BA is defined under ESA. A BE is a generic term not mentioned in either the Act or the CFRs.Explanation
Biological assessments are defined in Section 7(c) of the Act and in 50 CFR Part 402. There is no statutory definition for a BE, though informal consultation documents are often called BEs, particularly when prepared by non-federal applicants. The most recent CFR definition of a BA is “the information prepared by or under the direction of the Federal agency concerning listed and proposed species and designated and proposed critical habitat that may be present in the action area and the evaluation potential effects of the action on such species and habitat.”Rate this question:
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- 6.
Federal agencies are not required to consult the "Services" (either through "informal" or "formal" consultation) under which of the following circumstances: the proposed action may affect the listed species or critical habitat but the effects will be insignificant, discountable, or beneficial
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Where effects will be insignificant, discountable, or beneficial
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Where the agency has no discresion in taking action
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When the only agency action is granting or denying a permit for an otherwise private action
Correct Answer
A. Where the agency has no discresion in taking actionExplanation
In a 2007 opinion -- National Home Builders Ass'n v. Defenders of Wildlife -- the Supreme Court ruled (5 to 4) that Section 7 consultation requirements apply only to discretionary federal actions.
Note: "insignificant, discountable, or beneficial" effects are for "may affect, not likely to adversely affect" determinations, which require "informal" consultation with and concurrence from the Services. Only if the determination is “No Effect” may the action proceed without any consultation (though action agencies may request written concurrence for such determinations).Rate this question:
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- 7.
Which of the following words is not in the Act
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Take
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Mitigation
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Cumulative
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Candidate
Correct Answer
A. CumulativeExplanation
Cumulative effects are not mentioned in the Act. They were recently defined in the 2009 Final Rule for interagency consultations as "those effects of future State or private activities, not involving Federal activities, that are reasonably certain to occur within the action area of the Federal action subject to consultation."Rate this question:
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- 8.
Which of the following court decisions is notable for its findings regarding "adverse modification" of critical habitat? (I know...this should be an extra credit question)
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National Association of Home Builders v. Babbitt
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Kleppe v. Sierra Club
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Gifford Pinchot Task Force v. United States Fish and Wildlife Service
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TVA v Hill
Correct Answer
A. Gifford Pinchot Task Force v. United States Fish and Wildlife ServiceExplanation
In "Pinchot," the Ninth Circuit held that the FWS adverse modification analysis was fatally flawed because FWS equated "recovery" with "survival" in its evaluation of "destruction or adverse modification" and, therefore, failed to consider the effects of alterations in critical habitat on species recovery.Rate this question:
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- 9.
The process for conducting "formal" and "informal" consultation is legally defined in which of the following:
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The Code of Federal Regulations (CFR)
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Section 7 of the Endangered Species Act
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The "Consultation Handbook" of 1998
Correct Answer
A. The Code of Federal Regulations (CFR)Explanation
50 CFR Part 402 spells out the process for "Interagency Cooperation Under the Endangered Species Act" The latest version was published in the Federal Register, (v 74) on May 4, 2009.
Section 7 of the Act does not use the terms "formal" or "informal" to describe consultations. The Consultation Handbook is not a legal document and does not reflect changes to 50 CFR Part 402 made since its publication.Rate this question:
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- 10.
What type of permit is issued to private land owners under a Safe Harbor Agreement?
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Enhancement of Survival Permit
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Incidental Take Permit
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Safe Harbor Memorandum of Agreement (SHMOA)
Correct Answer
A. Enhancement of Survival PermitExplanation
Enhancement of survival permits are issued to non-Federal landowners participating in Safe Harbor Agreements or Candidate Conservation Agreements with Assurances. These agreements encourage landowners to take actions to benefit species while also providing assurances that they will not be subject to additional regulatory restrictions as a result of their conservation actions.Rate this question:
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.jpg "True or False: \"Adverse Modification\" of critical habitat concerns only effects on the survival of a species and not recovery. Recovery is explicitly excluded from consideration under Section 7 and is only addressed through the separate Recovery Planning Process of Section 4.")
.jpg "How much time do the services have to make a “substantial information” finding after receiving a petition to list or delist a species?")
.jpg "Which section(s) off the Act addresses \"jeopardy \"
jeopardy
jeopardy jeopardy ddd")
.jpg "What is the difference between a Biological Evaluation (BE) and a Biological Assessment (BA)?")
.jpg "Federal agencies are not required to consult the \"Services\" (either through \"informal\" or \"formal\" consultation) under which of the following circumstances:
the proposed action may affect the listed species or critical habitat but the effects will be insignificant, discountable, or beneficial
")
.jpg "Which of the following words is not in the Act")
.jpg "Which of the following court decisions is notable for its findings regarding \"adverse modification\" of critical habitat? (I know...this should be an extra credit question)")
.jpg "The process for conducting \"formal\" and \"informal\" consultation is legally defined in which of the following:")
.jpg "What type of permit is issued to private land owners under a Safe Harbor Agreement?")
Quiz Review Timeline (Updated): Mar 22, 2023 +
Our quizzes are rigorously reviewed, monitored and continuously updated by our expert board to maintain accuracy, relevance, and timeliness.
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Current Version
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Mar 22, 2023Quiz Edited by
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Aug 06, 2011Quiz Created by
Shalljsa
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