Poster Session II
Project Type
Poster
Faculty Mentor’s Full Name
Martin Nie
Faculty Mentor’s Department
College Of Forestry & Conservation
Abstract / Artist's Statement
Since its passage, the Endangered Species Act (ESA) has held the unofficial title of the strongest law for environmental protections. This Act, passed in 1973, contains powerful language, with one word standing out among them all: "take" found in section 9. Section 16 U.S.C. § 1532(19) defines take as "to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct." The definition of harm has been interpreted in different ways over the years, with some interpretations granting it more power and others limiting it. A particular point of contention within the definition of harm is the inclusion, or rather exclusion, of significant habitat modification or degradation. This research will examine the meaning of “harm” guided by the question: How has the definition of harm under section 9 of the ESA expanded, contracted, and been contested over time? Covering the history of Section 9 and its litigation will allow us to assess the potential impacts resulting from the new Section 9 regulations under the Trump administration. The timeline will be informed by pertinent agency actions and the court case(s) that analyzed agency interpretations. This research will simplify the history of this important language and provide scope and understanding of past and present management decisions, ultimately creating an easily referenceable tool for those who may not be familiar with the ESA but need a base understanding of the subject matter.
Category
Social Sciences
Section 9 of the Endangered Species Act (ESA): History of Harm
UC South Ballroom
Since its passage, the Endangered Species Act (ESA) has held the unofficial title of the strongest law for environmental protections. This Act, passed in 1973, contains powerful language, with one word standing out among them all: "take" found in section 9. Section 16 U.S.C. § 1532(19) defines take as "to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct." The definition of harm has been interpreted in different ways over the years, with some interpretations granting it more power and others limiting it. A particular point of contention within the definition of harm is the inclusion, or rather exclusion, of significant habitat modification or degradation. This research will examine the meaning of “harm” guided by the question: How has the definition of harm under section 9 of the ESA expanded, contracted, and been contested over time? Covering the history of Section 9 and its litigation will allow us to assess the potential impacts resulting from the new Section 9 regulations under the Trump administration. The timeline will be informed by pertinent agency actions and the court case(s) that analyzed agency interpretations. This research will simplify the history of this important language and provide scope and understanding of past and present management decisions, ultimately creating an easily referenceable tool for those who may not be familiar with the ESA but need a base understanding of the subject matter.