Delware Nongame Act Glossary: Key Terms & Definitions for Developers and Consultants

Delware Nongame Act Key Terms & Definitions

Adverse Modification: A direct or indirect alteration that appreciably diminishes the value of critical habitat for the conservation of a listed species. Such alterations may include, but are not limited to, those that alter the physical or biological features essential to the conservation of a species or that preclude or significantly delay development of such features.1

Biodiversity: The variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems.2

Conservation: The use of all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to this chapter are no longer necessary.3

Critical Habitat: Specific geographic areas, whether occupied by listed species or not, that are determined to be essential for the conservation and management of listed species, and that have been formally described in the Federal Register.4

Ecology: The study of the relationships between living organisms and their environment.5

Ecosystem: A dynamic complex of plant, animal and micro-organism communities and their non-living environment interacting as a functional unit.6

Endangered Species: Any species which is in danger of extinction throughout all or a significant portion of its range.7

Endangered Species Act (ESA): The federal law that provides for the conservation of endangered and threatened species of fish, wildlife, and plants, and the habitats in which they are found.8

Habitat: The location where a particular taxon of plant or animal lives and its surroundings, both living and non-living; the term includes the presence of a group of particular environmental conditions surrounding an organism including air, water, soil, mineral elements, moisture, temperature, and topography.9

Habitat Conservation Plan (HCP): A planning document that is required as part of an application for an incidental take permit under the Endangered Species Act.10

Incidental Take: Take that results from, but is not the purpose of, carrying out an otherwise lawful activity.11

Incidental Take Permit: A permit issued under section 10(a)(1)(B) of the Endangered Species Act to a non-Federal party undertaking an otherwise lawful project that might result in the take of an endangered or threatened species.12

Jeopardize: To engage in an action that reasonably would be expected, directly or indirectly, to reduce appreciably the likelihood of both the survival and recovery of a listed species in the wild by reducing the reproduction, numbers, or distribution of that species.13

Listed Species: Any species of fish, wildlife or plant which has been determined to be endangered or threatened under section 4 of the Endangered Species Act.14

Nongame Species: Any wild mammal, bird, amphibian, reptile, fish, mollusk, crustacean, or other wild animal not otherwise legally classified by statute or regulation of this State as a game species.15

Recovery: Improvement in the status of listed species to the point at which listing is no longer appropriate under the criteria set out in section 4(a)(1) of the Endangered Species Act.16

Species: Includes any subspecies of fish or wildlife or plants, and any distinct population segment of any species of vertebrate fish or wildlife which interbreeds when mature.17

Take: To harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.18

Threatened Species: Any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.19

Footnotes

  1. 50 CFR 402.02 ↩

  2. United Nations Convention on Biological Diversity, Article 2 ↩

  3. 7 Del. C. § 201(4) ↩

  4. 16 U.S.C. § 1532(5)(A) ↩

  5. Merriam-Webster Dictionary ↩

  6. United Nations Convention on Biological Diversity, Article 2 ↩

  7. 16 U.S.C. § 1532(6) ↩

  8. 16 U.S.C. § 1531 et seq. ↩

  9. 50 CFR 424.02 ↩

  10. 16 U.S.C. § 1539(a)(2)(A) ↩

  11. 50 CFR 402.02 ↩

  12. 16 U.S.C. § 1539(a)(1)(B) ↩

  13. 50 CFR 402.02 ↩

  14. 50 CFR 402.02 ↩

  15. 7 Del. C. § 201(8) ↩

  16. 50 CFR 402.02 ↩

  17. 16 U.S.C. § 1532(16) ↩

  18. 16 U.S.C. § 1532(19) ↩

  19. 16 U.S.C. § 1532(20) ↩

Keep up with the latest

A Note to Our Readers: We hope this guide is a valuable resource in helping you better understand the . However, it's not a substitute for professional advice and doesn't cover every scenario. Always consult with regulatory bodies and professionals for the most current advice and project-specific guidance.