Photo credit: DHS/USFWS/UA
Marit Alanen, Fish & Wildlife Biologist, U.S. Fish & Wildlife Service
Image courtesy of Cleveland
State Library Special Collections
Photo: Cleveland Press Collection, Michael Schwartz Library, Cleveland State University
Passed in 1973
“An Act to provide for the
conservation of endangered
and threatened species of
fish, wildlife, and plants, and
for other purposes.”
Administered primarily by
USFWS (NOAA for some
marine mammals)
Divided into Sections
Section 4. Determination
of endangered species
and threatened species
Includes:

Adding/changing
status/removing species
 Designating critical
habitat
 Recovery Plans
Photo credit: DHS/USFWS/UA
Photo credit: DHS/USFWS/UA
Any species which is in danger of
extinction throughout all or a
significant portion of its range
Any species which is likely to become an endangered
species within the foreseeable future throughout all or
a significant portion of its range
Photo credit: DHS/USFWS/UA
Section 4. Determination of
endangered species and
threatened species
The Secretary shall…determine whether any species
is an endangered species or threatened species
because of any of the following factors:
The Secretary shall…determine whether any species
is an endangered species or threatened species
because of any of the following factors:
(A)
(B)
the present threatened destruction, modification,
or curtailment of its habitat or range;
overutilization for commercial, recreational,
scientific, or educational purposes;
(C) disease or predation;
(D) the inadequacy of existing
regulatory mechanisms; or
(E) other natural or manmade factors
affecting its continued existence.
Photo credit: DHS/USFWS/UA
Photo credit: DHS/USFWS/UA
Section 4. Determination of
endangered species and
threatened species
The Secretary…to the maximum extent prudent and
determinable—
(i)
(ii)
Shall…designate any habitat of such species
which is then considered to be critical habitat; and
may, from time-to-time thereafter as appropriate,
revise such designation.
EXCEPTIONS!!
Photo credit: DHS/USFWS/UA
50 CFR 424.12(a)(1)
A designation of critical habitat is not prudent when one
or both of the following situations exist—
(1)
(2)
The species is threatened by taking or other human
activity, and identification of critical habitat can be
expected to increase the degree of threat to the
species, or
such designation of critical habitat would not be
beneficial to the species.
Encompasses everything—even if we
have little to no information, we still
consider that in our analysis, as those are
the best available data
Photo credit: DHS/USFWS/UA
Petition Received
Substantial
Information
Listing Not
Warranted
90-Day Finding
Not Substantial
Information
Listing
Warranted
Listing
Warranted but
Precluded
With Critical
Habitat
Proposed
Listing
Without Critical
Habitat
Final Critical
Habitat
Final
Listing
Proposed
Critical Habitat
12-Month Finding
Final Critical
Habitat
1972
1973
1975
1979
1980
1982
1992
1993
1994
1995
1996
1996
1997
Endangered – Endangered Species Conservation Act (1969)
Endangered Species Act supersedes ESCA
Foreign and native species lists replaced by “List of Endangered
and Threatened Wildlife”
FWS publishes notice:
 Always intent that jaguar be listed throughout entire range,
including US
 Action to rectify would be taken ASAP
Proposed rule to list jaguar in US
Proposed rule withdrawn (ESA mandated if not final after 2 years)
Petitioned to list as endangered in US
Petition substantial and warranted
Proposed rule to extend endangered status into US
Congress enacts moratorium prohibiting work on listing actions
Moratorium lifted by Presidential waiver
Jaguar listing process resumed after CBD lawsuit and summary judgment
Final rule clarifying endangered status extended into US
1997
Final rule clarifying endangered status extended into US

2006
Agreed to reevaluate prudency determination in response to CBD
lawsuit

2009
Critical habitat “not prudent” because:
 No areas in US met definition of critical habitat
 Therefore, designation of critical habitat not beneficial to
the species
Determination of “not prudent” found to be invalid by the court

2010
Critical habitat “not prudent” because publication of detailed
maps would increase threat to jaguars
Required USFWS to “focus on the principal biological
constituent elements within the defined area that are
essential to the conservation of the species”
Determined designation of critical habitat was “prudent”
Specific areas within the geographical area
 Occupied by the species
 At the time it is listed
 On which are found physical or biological features
 Essential to the conservation of the species
 May require special management considerations or
protection
 At the time it is listed
1972
Endangered Species Conservation Act (1969)
1973
Endangered Species Act supersedes ESCA
1979
FWS publishes notice:
 Always intent that jaguar be listed throughout entire
range, including US
 Action to rectify would be taken ASAP
1997
Final rule clarifying endangered status extended into US
 At the time it is listed
1972
 Occupied by the species
 Average lifespan ~ 10 years
o
Include records from 1962–1982
 Rare, secretive, difficult to detect, no
surveys
o
Records from 1982–present indicate
areas likely occupied at time of listing
Occupied at time of listing = 1962–present
 At the time it is listed
1972
 Occupied by the species
1962–
present
 Evidence of occupancy
Class I
Physical evidence
(skin, skull, photo)
Class II
Detailed info/no
physical evidence
Class III
Second-hand
report
 At the time it is listed
1972
1962–
present
 Occupied by the species
 Evidence of occupancy
Class I
 Physical or biological features
Convened Binational (US & Mexico)
Jaguar Recovery Team in 2010
 Implementation Subgroup
Technical Subgroup
 Landowners/Managers
 Feline ecologists
from Federal, State,
 Conservation biologists
Tribal, and private entities
 Other experts
What area should Recovery Plan cover?
What makes high-quality habitat in NRU?
What makes high-quality habitat in NRU?








Prey
Water
Vegetation
Topography
Connectivity
Expansive areas
Low human activity
No poaching
 Vegetation
(tree cover)
 Topography
(ruggedness)
 Water (distance to)
 Low human activity
(HII)
 Habitat type
(WWF ecoregions)
What makes high-quality habitat in NRU?
 Vegetation
(tree cover)
 Topography
(ruggedness)
 Water (distance to)
 Low human activity
(HII)
 Habitat type
(WWF ecoregions)
333
georeferenced
jaguar
observations
What makes high-quality habitat in NRU?
3-60% tree cover
Intermediate, moderate, high ruggedness
Within 10 km of water
HII < 30
WWF ecoregions
What makes critical habitat in the US?
Modify habitat features
using 130 undisputed
Class I records from US
from 1962 to present
3-40% tree cover
Intermediate, moderate,
and high ruggedness
Within 10km of water
3-60% tree cover
Intermediate, moderate, high ruggedness
Within 10 km of water
HII < 30
WWF ecoregions
+ 84–100 square km!
HII <= 20
Madrean evergreen woodland and semidesert grassland
Specific areas outside the geographical
area occupied by the species
 Essential for the conservation of the species
Connectivity
to Mexico
Mexico or bust!
Combination of tree cover and/or ruggedness + HII
Unit 1
Unit 4
Unit 3
Not
all
PCEs
Wrong
veg
type
Unit 5
Unit 6
Unit 2
Unit 1:
Baboquivari
Unit
• BaboquivariCoyote
Subunit
• Southern
Baboquivari
Subunit
Unit 2:
Atascosa
Unit
Unit 3:
Patagonia
Unit
Unit 4:
Whetstone
Unit
Unit 5:
Peloncillo
Unit
Unit 6:
San Luis
Unit
• Whetstone
Subunit
• WhetstoneSanta Rita
Subunit
• WhetstoneHuachuca
Subunit
Occupied
Unoccupied
2012
Aug
Published proposed rule to designate critical habitat for the jaguar
156 comments
2013
Mar
Received updated report from Jaguar Recovery Team with refined habitat
modeling information
NOW what makes high-quality habitat?
> 1 and <= 50% tree cover (north)
> 1 and <= 100% tree cover (south)
Intermediate, moderate, high ruggedness
Within 10 km of water
HII < 20 (north) / HII < 30 (south)
WWF ecoregions
Elevation <= 2000 m
Area >= 100 square km
+ New sightings in
Santa Ritas!
Also, filters
applied!
Wrong
veg/
elev
Not
all
PCEs
Unit 1:
Baboquivari
Unit
• BaboquivariCoyote
Subunit
• Southern
Baboquivari
Subunit
Unit 2:
Atascosa
Unit
Unit 3:
Patagonia
Unit
Unit 4:
Whetstone
Unit
Unit 5:
Peloncillo
Unit
Unit 6:
San Luis
Unit
• Whetstone
Subunit
• WhetstoneSanta Rita
Subunit
• WhetstoneHuachuca
Subunit
Occupied
Unoccupied
2012
Aug
Published proposed rule to designate critical habitat for the jaguar
156 comments
2013
Mar
Received updated report from Jaguar Recovery Team with refined habitat
modeling information
2013
Jul
Revised original proposed rule to include this new information and opened
public comment period on revised proposed rule, draft Economic Analysis,
and draft Environmental Assessment 33,308 comments 1 public hearing
2013
Aug
Received approval of request for extension to publish final rule:
New date = Dec 16, 2013, to Federal Register
2013
Sep
Opened public comment period again after receiving several requests
25 comments
2013
Oct
FURLOUGH
2013
Dec
Received approval of request for extension to publish final rule:
New date = no later than Feb 14, 2014, to Federal Register
Published March 5, 2014
Exempted Fort Huachuca
Excluded Tohono O’odham Nation
Effective April 4, 2014
Unit 1
Unit 4
Unit 3
Unit 5
Unit 2
Unit 6
Exempted Fort Huachuca
Section 4(a)(3)(B)(i)
National Defense
Authorization Act (2004)
The Secretary shall not designate as critical habitat any
lands…owned or controlled by the Department of
Defense…that are subject to an integrated natural
resources management plan…if the Secretary
determines in writing that such plan provides a benefit
to the species for which critical habitat is proposed for
designation.
Excluded Tohono O’odham Nation
Section 4(b)(2)
Economic Impacts
National Security
Other Relevant Impacts
…HCPs or other management plans for the area,
or…conservation partnerships that would be
encouraged by designation of, or exclusion from, critical
habitat…any tribal issues and…the government-togovernment relationship of the United States with tribal
entities…[and] any social impacts that might occur
because of the designation.
Only applies to Federal
lands, funding, and permits
With Federal nexus, protects
against destruction or adverse
modification through section 7
consultation
Adverse effects can happen without
reaching adverse modification
Adverse modification can result in
project changes
Does not affect private
actions on private lands
Does not create refuges,
sanctuaries, or preserves
Existing developed areas that do
not contain the physical and
biological features within the
designation would not be
considered critical habitat
“Recovery is the process by which listed
species and their ecosystems are restored
and their future is safeguarded to the point
that protections under the ESA are no longer
needed.”
Photo credit: DHS/USFWS/UA
Interim Planning
Guidance 2010
Photo credit: DHS/USFWS/UA



Decline is
arrested
Threats are
removed or
reduced
Long-term
survival of a
species is
ensured in the
wild
Photo credit: DHS/USFWS/UA
“The Secretary shall
develop…plans…for the
conservation and survival
of endangered species
and threatened species
listed pursuant to this
section, unless he finds
that such a plan will not
promote the conservation
of the species.”
ESA sec. 4(f)(1)
“…recovery units are
individually necessary to
conserve genetic
robustness, demographic
robustness, important life
history stages, or some
other feature necessary for
long-term sustainability of
the entire listed entity.”
Photo credit: DHS/USFWS/UA
Interim Planning
Guidance 2010
Northwestern
Recovery Unit
Pan-American
Recovery Unit
Northwestern
Recovery Unit

Core Areas


Areas with strongest
long-term evidence
of jaguar population
persistence
Persistent verified
records of jaguar
occurrence over time
and recent evidence
of reproduction
Northwestern
Recovery Unit

Secondary Areas

Contain jaguar
habitat with historical
and/or recent
records of jaguar
presence with no
recent record or very
few records of
reproduction
Northwestern
Recovery Unit

Secondary Areas

Of particular interest
when they occur
between core areas
and serve as
corridors
Northwestern
Recovery Unit

Peripheral Areas

Sporadic records
and no or minimal
evidence of longterm presence or
reproduction
indicating
colonization or
sustained use by
jaguars

4 team meetings


Photo credit: DHS/USFWS/UA

2 Technical
Subgroup
2 full team
6 co-leader meetings
Monthly co-leader conference calls
 Recovery Outline for the Jaguar (2012)
 Draft Jaguar Recovery Plan by spring 2015











Jaguar survey and monitoring in Arizona and New Mexico
Jaguar survey and monitoring on the Tohono O’odham
Nation
Jaguar survey and monitoring protocol development
Survey of citizens’ attitudes toward jaguars in Arizona and
New Mexico
Jaguar habitat mapping and on-line jaguar detection
database development
Jaguar population viability analyses
Jaguar road crossing design recommendations
Rancher/landowner outreach
Citizen science/education and outreach program
Jaguar genetic analysis
Voluntary agreement between private or other
non-Federal property owners and USFWS or
NOAA
Actions contribute to recovery of threatened or
endangered species
Property owners receive formal assurances
from USFWS that:

if conditions of SHA fulfilled, USFWS will not
require any additional or different
management activities without consent

At end of agreement, participants may
return enrolled property to baseline
conditions
http://www.fws.gov/
southwest/es/arizona
/Safe_Harbor.htm
http://www.fws.gov/endangered
/landowners/safe-harboragreements.html
http://bit.ly/TapYhK