Species in the United States

Species Definition

(Lat.) In the civil law. Form; figure; fashion or shape; a form or shape given to materials (Mackeld. Civ. Law, 277, §265). A particular thing ; as distinguished from “genus.” Zoology. A species embraces individuals of the same kind, and all of the individuals having the same characteristics. It embraces all individuals that are precisely alike in every character, and not capable of change by any accidental circumstances, and capable of uniform, invariable and permanent continuance by natural propagation. Or, it is founded on identity of form and structure, both external and internal, the principal characteristics of species in animals being the power to produce beings like themselves, and who are themselves naturally productive. (1)

Presidential Memoranda

Presidential Memoranda in relation with The Endangered Species Act (March 3, 2009):

“The Endangered Species Act (ESA), 16U.S.C. 1531 et seq., reflects one of the Nation’s profound commitments. Pursuant to that Act, the Federal Government has long required a process of broad interagency consultation to ensure the application of scientific and technical expertise to decisions that may affect threatened or endangered species. Under that interagency process, executive departments and agencies (agencies) contemplating an action that may affect endangered or threatened species have long been required, except in certain limited circumstances, to consult with, and in some circumstances obtain the prior written concurrence of, the Fish and Wildlife Service (FWS) and/or the National Marine Fisheries Service (NMFS)– the expert agencies that have the primary responsibility to ensure that the ESA is implemented in accordance with the law.

On December16, 2008, the Departments of the Interior and Commerce issued a joint regulation that modified these longstanding requirements. See 73Fed. Reg. 76272. This new regulation expands the circumstances in which an agency may determine not to consult with, or obtain the written concurrence of, the FWS or NMFS prior to undertaking an action that may affect threatened or endangered species. But under the new regulation, agencies may continue the previous practice of consulting with, and obtaining the written concurrence of, the FWS and NMFS as a matter of discretion.

I hereby request the Secretaries of the Interior and Commerce to review the regulation issued on December 16, 2008, and to determine whether to undertake new rulemaking procedures with respect to consultative and concurrence processes that will promote the purposes of the ESA. Until such review is completed, I request the heads of all agencies to exercise their discretion, under the new regulation, to follow the prior longstanding consultation and concurrence practices involving the FWS and NMFS.”

Resources

Notes

This definition of Species is based on The Cyclopedic Law Dictionary.