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Celebrating The Role of the Endangered Species Act in Penguin Conservation

By December 28, 2023No Comments

Celebrating The Role of the Endangered Species Act in Penguin Conservation

Did you know that President Nixon signed the Endangered Species Act (ESA) on this day
December 28th in 1973?

The purpose of the ESA is to show the United States’ international commitment in protecting endangered and threatened species by working with Federal agencies to carry out protection programs(1). These federal agencies include both the U.S. Fish and Wildlife Service (USFWS) and the National Oceanic and Atmospheric Administration (NOAA).

There are currently 7 penguin species protected under the ESA. In June 2, 1970 the first
penguin species proposed as endangered under the ESA was the Galapagos Penguin (3) . In 2010
four more penguin species were added to the ESA. The Fiordland Penguin (4), Erect-crested
Penguin (5) , and Humboldt Penguin (6) were listed as threatened and the African Penguin (7) was listed
as endangered. In 2011 the Southern Rockhopper (8) was added to the threatened list. Just last
year in 2022, Emperor Penguins (9) were added as a threatened species and Penguins
International submitted comments to the USFWS in support of this listing (10) . An endangered
species means that the species is in danger of extinction throughout all or a significant portion
of its range. A threatened species is a species likely to become endangered in the foreseeable
future.

What is interesting is that the scientific community has identified 9 out of the 18 penguin
species as threatened with extinction. This number refers to the IUCN Red List- an inventory of
global statuses for species around the world created by the International Union for
Conservation of Nature (IUCN) and informed by global science-based species experts from the
Species Survival Commission (SSC) (17) . The IUCN Red List informs global decisions for wildlife
through the Convention on International Trade of Endangered Species (CITES) (2) . The Yellow-Eyed
Penguin and Northern Rockhopper Penguin are listed as endangered according to the IUCN Red
List (11) but are not included in the ESA.

Why does having a penguin listed as endangered or threatened under ESA matter if there is a
global list? Section 8 of the Endangered Species Act includes laws for international cooperation.
This means that the United States is involved in providing financial assistance for conservation
programs, encourages foreign programs, provides personnel, and conducts or supports law
enforcement investigations by working with the Convention on International Trade of
Endangered Species (CITES) (1) . The penguin species that are protected under ESA means that the
United States government is required to take action to reduce their decline.
Sections 1 & 2 of the ESA states various species have been rendered extinct or have depleted in
numbers and are in danger or threatened with extinction as a consequence of economic growth
and development untampered by adequate concern and conservation (1) . The penguin species
listed under the ESA are there due to human activities; the 2022 listing of the Emperor Penguin
as threatened reflects this.

What is being done in the United States for penguins? Involvement with CITES and IUCN global
programs (2) are linked to state programs dedicated to reversing the decline of species. In the
United States, zoos and aquariums have been involved in these programs since the IUCN
creation in 1948 (12) ! The AZA (Association of Zoos and Aquarium) and SSC (Species Survival
Commission) have a unified strategy for saving species from the brink of extinction through
population management and genetic diversity programs (12) . Your local AZA-accredited zoo or
aquarium is helping penguins by having Species Survival Plans (SSP) (13) managed through a
Penguin Taxon Advisory Group (TAG) (14) . TAG works under the supervision of the Animal
Population Management Committee (APM) (15) to manage, identify, and support conservation
needs of entire taxa, in our case, penguins! This group identifies population goals and
recommendations to manage a genetically diverse, demographically varied, and biologically
sound population.

In the Penguin TAG regional collection plan states, “The goal of the Penguin TAG is to provide
leadership for the management of penguins in captivity in order to maintain healthy,
sustainable populations for the purposes of engendering appreciation for these charismatic
species that are indicators of the health of marine and coastal environments; promoting
conservation concern and conservation action through education programs and internet
resources, and furthering in situ conservation and research in support of captive
management. (16) ”

Every penguin chick that hatches within a zoo or aquarium that is part of the SSP is carefully
managed for genetic variation. In fact, penguins move between different facilities as part of a
population studbook, breeding, and transfer plan to ensure that each chick produced maintains
healthy genetic diversity of the species (15) ! Zoos and aquariums with penguins protected under
the ESA have to follow very specific laws involved in this process. The Penguin TAG not only
manages captive penguin populations, but they also support research seeking to improve the
health and husbandry of captive collections of penguins, develop educational programs,
participate in field conservation projects and provide guidance in exhibit and facility designs (16) .
Here at Penguins International we too are involved in this process and have to adhere to the
ESA laws for research projects. Any samples collected from wild populations and any science
trips scheduled to visit colonies all require paperwork and approvals from the USFWS and
NOAA. Penguins International also works with facilities that have captive penguins to support
SSP and TAG programs and to fulfill the need for educational programming. Being based in the
United States provides Penguins International with a unique perspective to understand the ESA
and how it can play a role in the penguins we have locally and their wild counterparts. Our
mission Protecting Penguins, Protect the Planet encompasses this global idea that in order to
keep penguins around for future generations we must cultivate empathy and understanding of
their species. We do this through community education, field conservation, and scientific
research programs.

Sources:
1)Endangered Species Act of 1973 as amended by Public Law 117-286. 16 USC 35.Washington.
H.R. 5961, 117 th Congress. https://www.fisheries.noaa.gov/national/endangered-species-
conservation/endangered-species-act#section-2.-findings,-purposes,-and-policy

2)Convention on International Trade in Endangered Species of Wild Fauna and Flora. (July 1999)
Memorandum of Understanding Between The Secretariat Of The Convention Of International
Trade In Endangered Species Of Wild Fauna And Flora And IUCN- The World Conservation
Union. https://cites.org/sites/default/files/eng/disc/coop/CITES-IUCN.pdf

3)Environmental Conservation Online System: Species Profile Galapagos penguin (Spheniscus
mendiculus) (June 2, 1970). Retrieved December 26, 2023.
https://ecos.fws.gov/ecp/species/1094

4) Environmental Conservation Online System: Species Profile fiordland crested penguin
(Eudyptes pachyrhynchus) (September 2, 2010). Retrieved December 26, 2023.
https://ecos.fws.gov/ecp/species/1625

5) Environmental Conservation Online System: Species Profile erect- crested penguin (Eudyptes
sclateri) (September 2, 2010). Retrieved December 26, 2023.
https://ecos.fws.gov/ecp/species/1467

6) Environmental Conservation Online System: Species Profile Humboldt penguin (Spheniscus
humboldti) (September 2, 2010). https://ecos.fws.gov/ecp/species/3378

7) Environmental Conservation Online System: Species Profile African penguin (Spheniscus
demersus) (October 29, 2010). Retrieved December 26, 2023.
https://ecos.fws.gov/ecp/species/6711

8) Environmental Conservation Online System: Species Profile southern rockhopper penguin
(Eudyptes chrysocome) (March 24, 2011). Retrieved December 26, 2023.
https://ecos.fws.gov/ecp/species/6711

9)Environmental Conservation Online System: Species Profile emperor penguin (Aptenodytes
forsteri) (November 25, 2022). Retrieved December 26, 2023.
https://ecos.fws.gov/ecp/species/3088

10) Department of the Interior Fish and Wildlife Service. Endangered and Threatened Wildlife
and Plants; Threatened Species Status for Emperor Penguin with Section 4(d) Rule. (October 26,
2022). Federal Register Vol. 87, No. 206. https://www.govinfo.gov/content/pkg/FR-2022-10-
26/pdf/2022-23164.pdf#page=1

11) The International Union for Conservation of Nature Red List of Threatened Species.
Sphenisciformes- Order. ISSN 2307-8235. Retrieved December 26, 2023.
https://www.iucnredlist.org/search?taxonomies=22672855&searchType=species

12) IUCN SSC 2023. Position Statement on the role of botanic gardens, aquariums, and zoos in
species conservation. IUCN Species Survival Commission (SSC), Gland, Switzerland. 8 pp.
Retrieved December 26, 2023.https://www.iucn.org/sites/default/files/2023-10/2023-position-
statement-on-the-role-of-botanic-gardens-aquariums-and-zoos-in-species-conservation.pdf

13) AZA SSP. Species Survival Plan Programs. Association of Zoos and Aquariums. Retrieved
December 26, 2023.https://www.aza.org/species-survival-plan-
programs?gad_source=1&gclid=Cj0KCQiAkKqsBhC3ARIsAEEjuJh_kIOH3NgMDkcTdI5QfB6NfNhe
QQNxzcWWBuh-Ax7-QmBy5z4lSCsaAvVyEALw_wcB

14) AZA TAG. Taxon Advisory Groups. Association of Zoos and Aquariums. Retrieved December
26, 2023.https://www.aza.org/taxon-advisory-groups

15) AZA APM. Animal Population Management Committee. Association of Zoos and Aquariums.
Retrieved December 26, 2023.https://www.aza.org/animal-population-management-
committee

16) Penguin Taxon Advisory Group. Regional Collection Plan 2010-2015. Fourth Edition.
Retrieved December 26, 2023.
https://alouattasen.weebly.com/uploads/8/9/5/6/8956452/microsoft_word_-
_penguin_rcp_2010-15.pdf

17) IUCN 2023. Species Survival Commission. IUCN Species Survival Commission (SSC), Gland,
Switzerland. Retrieved December 26, 2023. https://www.iucn.org/our-
union/commissions/species-survival-commission