01/30/2009
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R
A
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–S&W–DEW [DRAFT]
Accreted Land Management Plan
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2253 [30 JANUARY 2009]
Town of Sullivan’s Island, SC
The deed restrictions allow the Town council “unrestricted authority to trim and control
the growth of vegetation for purposes of mosquito control, scenic enhancement, public
and emergency access to the Atlantic Ocean, and providing views of the ocean and
beaches to its citizens.” (Appendix 2, Item 2).
Threatened and Endangered Species
The Endangered Species Act (ESA) [7 USC §136; 16 USC § 460 et seq (1973)] was estab-
lished in 1973 to provide for the conservation of plants and animals in threat of extinction as
well as their habitats. As of 2008, there were 1,574 endangered species listed and 351 threat-
ened species. The listed species include birds, mammals, fish, reptiles, insects, crustaceans,
and plants, 40 percent of which are plants.
The ESA defines an endangered species as “any species which is in danger of extinction
throughout all or a significant portion of its range” [16 USC § 1532(6)]. A threatened species
is “any species which is likely to become an endangered species within the foreseeable future
throughout all or a significant portion of its range” [16 USC § 1532(20)]. Though endangered
and threatened species have different definitions, they are afforded the same protection under
the ESA.
The ESA charges the US Fish and Wildlife Service (USFWS) with the task of maintaining a list
of threatened and endangered species, with assistance from the US National Oceanic and
Atmospheric Administration (NOAA) and the National Marine Fisheries Service (NMFS). Sec-
tion 7 of the ESA requires any federal agency to consult with USFWS and NOAA to ensure that
an action authorized, funded, or carried out by that agency is not likely to jeopardize the con-
tinued existence of a listed species or result in the destruction of the critical habitat for the
species. Furthermore, Section 9 of the ESA prohibits unauthorized taking, possession, sale,
and transport of listed species by any person. If a species recovers to the point that it no
longer meets the requirements for threatened or endangered status, it may be de-listed. This
has happened recently for the American alligator and the bald eagle.
Table 1.1 presents a list of animal and plant species that have state or federal legal protection
and are either known to occur or which may possibly occur in the AL study area. Those that
were seen in the AL area during our Team’s surveys are in bold. Further information regarding
species listed in Table 1.1 may be found in Appendix 3.