Defining the Acts
What is the primary thing that the Endangered Species Act and Marine Mammal Act both prohibit?
"Taking" species
When was the Endangered Species Act passed?
1973
Which two congressional powers uphold both the Endangered Species Act and the Marine Mammal Protection Act?
Commerce and property clauses
What dictates the difference between civil and criminal violations under the Endangered Species Act?
Intent
Did the Catacean Community have standing to sue, and why or why not?
No, because animals do not have standing
What is the difference between the Endangered Species Act and the Marine Mammal Protection Act?
Endangered Species Act: Protects endangered and threatened species, as well as their habitats.
Marine Mammal Protection Act: Makes sure that marine populations remain sustainable and that their environments are healthy
When was the Marine Mammal Protection Act implemented?
1972
How does the property clause uphold these acts?
The federal government has rights to federally owned land and waters, allowing it to protect the animals within them
How much can you be fined for civilly violating the Marine Mammal Protection Act?
Up to $10k per violation
What was harming cetaceans in the case of the Cetacean Community v. Bush?
The U.S. Navy was using sonar pings during "threat and wartime conditions"
Name one of the main actors in implementing the Endangered Species Act
U.S. Fish and Wildlife Services and the NOAA Fisheries Service
Who signed the Marine Mammal Protection Act into law?
President Nixon
How does the commerce clause support both acts?
Certain species can be prohibited from being hunted, fished, and traded.
Under the Marine Mammal Protection Act, what happens if you don't report the death of a marine mammal within 48 hours of occurence?
You will receive a fine and your license will be suspended
Does the ESA prohibit the completion of the Tellico Dam?
Even if congress decided to complete the dam, would the Snail Darter be protected under the ESA?
Who is exempt from the Marine Mammal Protection Act and why?
Alaskan Natives, since traditional practices and primary food sources certain marine mammals.
What two acts came before, and built the foundations for, the Endangered Species Act?
Endangered Species Conservation Act (1969) and Endangered Species Preservation Act (1966)
Name one reason for a taking permit to be approved under the Endangered Species Act.
the taking is justified
the steps that will be taken to minimize the impacts of the species as well as their environment
the funding available to help support this taking of the animal is reliable enough
Any other measures that are “appropriate” for such taking
What was the takeaway of the Tennessee Valley Authority v. Hill case?
That Congress must halt anything that would contribute towards the extinction of a species, whatever the cost