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State Agencies Involvment In Enforcement Of The Endangered Species Act The involvement of state agencies in protecting endangered and threatened species is critical. This is because a majority of the responsibility for protecting plants and wildlife is held by the states under the Endangered Species Act. To prevent species extinction, the Endangered Species Act requires that state governments must: Use Management Agreements to allow for the federal management of species conservation areas. A management agreement is entered into by the Secretary of Interior and state agencies (in the cases of land-based animals, inland fisheries, and plants) or between the Secretary of Commerce and state agencies (in the cases of marine animals and fishes). The agreement is designed for the management and administration of areas created for the protection and conservation of endangered and threatened species. Enter into Cooperative Agreements with federal agencies and agree to provide assistance in the implementation of endangered and threaten species conservation programs. For a state to be eligible for a cooperative agreement it must create and maintain conservation programs for endangered and threatened species within its boarders. In order for the cooperative agreement to remain valid the Secretary of Interior must confirm annually that state agencies have: The means to enforce rules addressing the conservation of species within their state. Established conservation programs for all listed species within the state's boarders. The ability to conduct research into the survival needs of each species. The authority to acquire land and aquatic habitat for the preservation of species. Provisions exist for public participation in the designation of species. Recovery plans for species that are in urgent need of conservation. If the state meets the eligibility requirements then funding and support from federal agencies maybe provided. The allocation of funds to the states for assisting in the conservation of endangered and threatened species. Funding must be provided to any state agency that has entered into a cooperative agreement. These funds are to help in the development of conservation programs or to aid in the monitoring of threatened, endangered, or recovered species within the state. The allocation of funds to each state is considered on the basis of the: International commitment of the United States to protect endangered and threaten species Readiness of the states to proceed with conservation plans Number of endangered and threatened species within a state Urgency for the conservation program Monitoring of candidate species Need to monitor the status of recovered species The Endangered Species Act states that the federal government should not contribute more than 75 percent of the total cost of conservation programs within each state. However, this may be increased to 90 percent if two or more states enter into a joint cooperative agreement. The Endangered Species Act also says that funds not used by states must be returned for redistribution to other conservation programs. A goal of cooperative agreements is to benefit both states governments and the federal government by sharing the cost of conservation plans. Instances when federal laws take precedence over state laws. If a state law allows for the importation, exportation, interstate or foreign commerce of endangered and threatened species the state law is overruled and the species is protected under federal laws. Federal laws also overrule all state regulations that attempt to undermine the Endangered Species Act. However, state laws that are created to aid in the preservation of species are not overruled. The Endangered Species Act does not apply to any species not listed as endangered or threatened. However, the Secretary of Interior and the Secretary of Commerce can prohibit the "taking" of species if the state requests the prohibition and there is a significant risk to an unprotected species. Under these circumstances a public hearing does not need to be held but the protection expires 90 days after the date it is issued. Up to Top