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Article: There's something fishy going on here: a critique of the National Marine Fisheries Service's definition of species under the Endangered Species Act. (Endangered Species Act at Twenty-One: Issues of Reauthorization)
- Article from:
- Environmental Law
- Article date:
- April 1, 1994
- Author:
CopyrightCOPYRIGHT 1994 Lewis & Clark Northwestern School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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I. INTRODUCTION
Even after all of the controversy and litigation spawned by the federal Endangered Species Act of 1973 (ESA),(1) it is ironic that over twenty years after its enactment agencies which administer the Act lack a clear sense of what "species" they should protect. The National Marine Fisheries Service (NMFS), which together with the U.S. Fish and Wildlife Service (FWS) is charged with implementing the statute,(2) recently attempted to define populations which qualify for listing.(3) In a recent law review article,(4) attorneys with NMFS and the National Oceanic and Atmospheric Administration (NOAA) explained the agency's rationale for its ...