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Candidate Species: What They Are and Why They Matter
Definition & Meaning
Candidate species refer to plant or animal species that the U.S. Fish and Wildlife Service (FWS) or the National Oceanic and Atmospheric Administration (NOAA) Fisheries consider for potential listing under the Endangered Species Act. These species have sufficient information regarding their biological status and the threats they face, making them candidates for being classified as threatened or endangered. According to 50 CFR 424.02, a candidate species is any species under consideration by the Secretary of the Interior or the Secretary of Commerce for such listing, but has not yet been proposed officially.
Table of content
Legal Use & context
Candidate species are primarily used in environmental law and conservation efforts. Legal practitioners may encounter this term when dealing with cases related to wildlife protection, habitat conservation, and compliance with the Endangered Species Act. Users can manage some aspects of candidate species conservation through forms and agreements, such as candidate conservation agreements, which are designed to protect these species proactively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
For instance, the Eastern Black Rail is a candidate species due to habitat loss and degradation. Conservation efforts are underway to protect its habitat, potentially reducing the need for formal listing as endangered.
(Hypothetical example) A local conservation group may engage in proactive measures to protect a candidate species, such as the Blue-Spotted Salamander, by restoring wetland habitats to support its population.
Relevant laws & statutes
The primary law governing candidate species is the Endangered Species Act (ESA). This act outlines the process for listing species as endangered or threatened and provides guidelines for their protection.
State-by-state differences
Examples of state differences (not exhaustive):
State
Candidate Species Status
California
Has its own candidate species list under state law.
Florida
Incorporates federal candidate species into state conservation efforts.
Texas
May prioritize different species based on local conservation needs.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Differences
Endangered Species
Species at risk of extinction.
Endangered species receive legal protections under the ESA, while candidate species do not.
Threatened Species
Species likely to become endangered in the foreseeable future.
Threatened species are also protected under the ESA, unlike candidate species.
Common misunderstandings
What to do if this term applies to you
If you are involved in conservation efforts or are concerned about a candidate species, consider engaging in proactive measures such as habitat restoration or forming conservation agreements. You can also explore US Legal Forms' templates for legal documents related to conservation efforts. If the situation is complex, seeking professional legal advice may be beneficial.
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