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Endangered species in Tennessee

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State environmental policy
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Endangered species policy
State endangered species
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Endangered species policy in Tennessee involves the identification and protection of endangered and threatened animal and plant species. Policies are implemented and enforced by both the state and federal governments.

HIGHLIGHTS

  • As of July 2016, Tennessee had 93 species—75 endangered species and 18 threatened species—listed under the federal Endangered Species Act (ESA).
  • Of these, 73 were animal species and 20 were plant species.
  • See the tabs below for further information:

    1. Background: This tab provides contextual information about the Endangered Species Act and key terms and concepts.
    2. Listed species: This tab provides information about endangered and threatened animal and plant species in Tennessee; information about the process of listing a species as endangered or threatened is also provided.
    3. Provisions: This tab provides information about legal provisions relating to private and governmental activities.
    4. Governance: This tab provides information about federal and state agencies and, where applicable, state laws.

    Background

    Overview

    See also: History of the Endangered Species Act

    The federal Endangered Species Act (ESA) of 1973 provides for the identification, listing, and protection of both threatened and endangered species and their habitats. According to the U.S. Fish and Wildlife Service, the law was designed to prevent the extinction of vulnerable plant and animal species through the development of recovery plans and the protection of critical habitats. ESA administration and enforcement are the responsibility of the U.S. Fish and Wildlife Service and the National Marine Fisheries Service.[1][2]

    The law authorizes the Secretary of the Interior to allocate funds to states for assisting in the recovery of threatened and endangered species. The law also created the Cooperative Endangered Species Conservation Fund to award grants to states for voluntary projects on non-federal lands.

    The law mandates that states adopt their own endangered and threatened species management programs subject to approval by the federal government. The law requires states to do the following:[3][4][3]

    1. Conserve the species of fish or wildlife determined by the state or federal government to be endangered or threatened
    2. Create conservation programs for all species of fish or wildlife identified by the federal government as endangered or threatened and provide detailed plans for these programs to the U.S. Department of Commerce
    3. Be authorized by the U.S. Fish and Wildlife Service to conduct investigations to determine the status and requirements for survival of resident species of fish and wildlife
    4. Be authorized before establishing programs to acquire land or aquatic habitats for conserving endangered or threatened species

    Key federal ESA terms

    See also: Glossary of Endangered Species Act terms
    • Candidate species: Animal and plant species for which the U.S. Fish and Wildlife Service (USFWS) or the National Marine Fisheries Service (NMFS) has sufficient information to propose them as endangered or threatened, but for which a proposed listing has not been processed because of higher priority listings.
    • 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.[5]
    • Delisting: The process of removing an animal or plant species from the threatened or endangered species list upon a determination that threats against it have been sufficiently reduced or eliminated.[6]
    • Endangered species: The classification provided to an animal or plant in danger of extinction within the foreseeable future throughout all or a significant portion of its range.[7]
    • Listed species: Species, subspecies, or a distinct vertebrate population segment that has been added to the federal lists of Endangered and Threatened Wildlife and Plants.[8]
    • Range: The geographic area a species is known or anticipated to occupy.[9]
    • Species recovery: The elimination or reduction in threats to an animal or plant species' survival. Once a species has recovered, it is removed from the federal list of endangered species.[10]
    • Taking a species: Taking a species generally includes causing any harm to a federally protected animal or plant species. Any individual that knowingly takes a listed species can be fined up to $25,000 by the federal government for each violation or instance. The text of the law outlining federal penalties can be accessed here.[11]
    • 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.

    Listed species

    Federally listed species in Tennessee

    There were 93 endangered and threatened animal and plant species believed to or known to occur in Tennessee as of July 2016.[12]

    The table below lists the 73 endangered and threatened animal species believed to or known to occur in the state. The word "entire" after a name indicates that the species occurs throughout the state.

    Endangered animal species in Tennessee
    Status Species
    Endangered Acornshell, southern (Epioblasma othcaloogensis)
    Endangered Bat, gray Entire (Myotis grisescens)
    Endangered Bat, Indiana Entire (Myotis sodalis)
    Endangered Bat, Virginia big-eared Entire (Corynorhinus (=Plecotus) townsendii virginianus)
    Endangered Bean, Cumberland (pearlymussel) Wherever found; Except where listed as Experimental Populations (Villosa trabalis)
    Endangered Bean, purple (Villosa perpurpurea)
    Endangered Blossom, green (pearlymussel) Entire (Epioblasma torulosa gubernaculum)
    Endangered Blossom, tubercled (pearlymussel) Wherever found; Except where listed as Experimental Populations (Epioblasma torulosa torulosa)
    Endangered Blossom, turgid (pearlymussel) Wherever found; Except where listed as Experimental Populations (Epioblasma turgidula)
    Endangered Blossom, yellow (pearlymussel) Wherever found; Except where listed as Experimental Populations (Epioblasma florentina florentina)
    Endangered Clubshell Wherever found; Except where listed as Experimental Populations (Pleurobema clava)
    Endangered Clubshell, ovate (Pleurobema perovatum)
    Endangered Combshell, Cumberlandian Wherever found; Except where listed as Experimental Populations (Epioblasma brevidens)
    Endangered Combshell, upland (Epioblasma metastriata)
    Endangered Crayfish, Nashville Entire (Orconectes shoupi)
    Endangered dace, Laurel Entire (Chrosomus saylori)
    Endangered Darter, amber Entire (Percina antesella)
    Endangered Darter, bluemask (=jewel) Entire (Etheostoma sp.)
    Endangered Darter, boulder Entire (Etheostoma wapiti)
    Endangered Darter, Cumberland Entire (Etheostoma susanae)
    Endangered Darter, duskytail Entire (Etheostoma percnurum)
    Endangered Elktoe, Appalachian Entire (Alasmidonta raveneliana)
    Endangered Elktoe, Cumberland (Alasmidonta atropurpurea)
    Endangered Fanshell (Cyprogenia stegaria)
    Endangered Kidneyshell, fluted (Ptychobranchus subtentum)
    Endangered Kidneyshell, triangular (Ptychobranchus greenii)
    Endangered Lampmussel, Alabama Wherever found; Except where listed as Experimental Populations (Lampsilis virescens)
    Endangered Lilliput, pale (pearlymussel) Entire (Toxolasma cylindrellus)
    Endangered Logperch, Conasauga Entire (Percina jenkinsi)
    Endangered Madtom, chucky Entire (Noturus crypticus)
    Endangered Madtom, pygmy Entire (Noturus stanauli)
    Endangered Madtom, smoky Entire (Noturus baileyi)
    Endangered Marstonia, royal (snail) Entire (Pyrgulopsis ogmorhaphe)
    Endangered Moccasinshell, Coosa (Medionidus parvulus)
    Endangered Monkeyface, Appalachian (pearlymussel) (Quadrula sparsa)
    Endangered Monkeyface, Cumberland (pearlymussel) Wherever found; Except where listed as Experimental Populations (Quadrula intermedia)
    Endangered Mucket, pink (pearlymussel) Entire (Lampsilis abrupta)
    Endangered Mussel, oyster Wherever found; Except where listed as Experimental Populations (Epioblasma capsaeformis)
    Endangered Mussel, sheepnose (Plethobasus cyphyus)
    Endangered Mussel, snuffbox (Epioblasma triquetra)
    Endangered Pearlymussel, birdwing Wherever found; Except where listed as Experimental Populations (Lemiox rimosus)
    Endangered Pearlymussel, cracking Wherever found; Except where listed as Experimental Populations (Hemistena lata)
    Endangered Pearlymussel, dromedary Wherever found; Except where listed as Experimental Populations (Dromus dromas)
    Endangered Pearlymussel, littlewing Entire (Pegias fabula)
    Endangered Pearlymussel, slabside (Pleuronaia dolabelloides)
    Endangered Pigtoe, Cumberland Entire (Pleurobema gibberum)
    Endangered Pigtoe, finerayed Wherever found; Except where listed as Experimental Populations (Fusconaia cuneolus)
    Endangered Pigtoe, Georgia (Pleurobema hanleyianum)
    Endangered Pigtoe, rough (Pleurobema plenum)
    Endangered Pigtoe, shiny Wherever found; Except where listed as Experimental Populations (Fusconaia cor)
    Endangered Pigtoe, southern (Pleurobema georgianum)
    Endangered Pimpleback, orangefoot (pearlymussel) (Plethobasus cooperianus)
    Endangered Rabbitsfoot, rough (Quadrula cylindrica strigillata)
    Endangered Riffleshell, tan Entire (Epioblasma florentina walkeri (=E. walkeri))
    Endangered Ring pink (mussel) (Obovaria retusa)
    Endangered Riversnail, Anthony's Wherever found; Except where listed as Experimental Populations (Athearnia anthonyi)
    Endangered Spectaclecase (mussel) (Cumberlandia monodonta)
    Endangered Spider, spruce-fir moss (Microhexura montivaga)
    Endangered Squirrel, Carolina northern flying Entire (Glaucomys sabrinus coloratus)
    Endangered Sturgeon, pallid Entire (Scaphirhynchus albus)
    Endangered Tern, least interior pop. (Sterna antillarum)
    Endangered Wartyback, white (pearlymussel) (Plethobasus cicatricosus)
    Threatened Bat, Northern long-eared (Myotis septentrionalis)
    Threatened Chub, slender Entire (Erimystax cahni)
    Threatened Chub, spotfin Entire, except where listed as an experimental population (Erimonax monachus)
    Threatened Dace, blackside Entire (Phoxinus cumberlandensis)
    Threatened Darter, slackwater Entire (Etheostoma boschungi)
    Threatened Darter, snail Entire (Percina tanasi)
    Threatened Madtom, yellowfin Entire, except where EXPN (Noturus flavipinnis)
    Threatened Pocketbook, finelined (Lampsilis altilis)
    Threatened Rabbitsfoot (Quadrula cylindrica cylindrica)
    Threatened Shiner, blue Entire (Cyprinella caerulea)
    Threatened Snail, painted snake coiled forest Entire (Anguispira picta)
    Source: U.S. Fish and Wildlife Service, "Listed species believed to or known to occur in Tennessee"

    The table below lists the 20 endangered and threatened plant species believed to or known to occur in the state.[13]

    Endangered plant species in Tennessee
    Status Species
    Endangered Aster, Ruth's golden (Pityopsis ruthii)
    Endangered Avens, spreading (Geum radiatum)
    Endangered Bladderpod, Short's (Physaria globosa)
    Endangered Bladderpod, Spring Creek (Lesquerella perforata)
    Endangered Bluet, Roan Mountain (Hedyotis purpurea var. montana)
    Endangered Grass, Tennessee yellow-eyed (Xyris tennesseensis)
    Endangered Ground-plum, Guthrie's (=Pyne's) (Astragalus bibullatus)
    Endangered Leather flower, Morefield's (Clematis morefieldii)
    Endangered Lichen, rock gnome (Gymnoderma lineare)
    Endangered Prairie-clover, leafy (Dalea foliosa)
    Endangered Rock-cress, Braun's (Arabis perstellata)
    Endangered Sandwort, Cumberland (Arenaria cumberlandensis)
    Endangered Sunflower, whorled (Helianthus verticillatus)
    Threatened Fern, American hart's-tongue (Asplenium scolopendrium var. americanum)
    Threatened Goldenrod, Blue Ridge (Solidago spithamaea)
    Threatened Pogonia, small whorled (Isotria medeoloides)
    Threatened Potato-bean, Price's (Apios priceana)
    Threatened Rosemary, Cumberland (Conradina verticillata)
    Threatened Skullcap, large-flowered (Scutellaria montana)
    Threatened -
    Source: U.S. Fish and Wildlife Service, "Listed species believed to or known to occur in Tennessee"

    The United States contained 2,389 species protected under the Endangered Species Act as of July 2016 (this includes the 50 states but not U.S. territories). The map below displays the number of species protected under the Endangered Species Act in each state as of July 2016.[14]

    Number of species protected under the Endangered Species Act by state (as of July 2016)

    Listing a species

    Before a species is added to the federal threatened and endangered list, it is first placed on a list of candidate species. This placement happens in two ways. The public may petition to list a species, or biologists at the U.S. Fish and Wildlife Service (FWS) may study a species whose population is thought to be declining and decide themselves whether the species qualifies as a candidate. The law stipulates that FWS scientists must use accurate scientific information collected from several sources to back their candidate decisions.

    The U.S. Fish and Wildlife Service applies five criteria to label a species as endangered or threatened:

    • the present or threatened destruction, modification, or curtailment of its habitat or range;
    • overutilization for commercial, recreational, scientific, or educational purposes;
    • disease or predation;
    • the inadequacy of existing regulatory mechanisms;
    • other natural or manmade factors affecting its survival.[15]
    U.S. Fish and Wildlife Service[4]

    If one or more of these criteria are met, the agency can begin action to protect the species and its habitat.

    Petitioning to list a species

    See also: Listing petition

    The California condor has been on the U.S. Fish and Wildlife Service's list of endangered species since 1967.

    Any citizen or group may petition the federal government to list a species as endangered or threatened. The process occurs as follows:[16][17]

    1. Petitioners submit information on the biology, distribution, and threats to a species. The U.S. Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration (NOAA) Fisheries Office generally must respond to a petition within 90 days.
    2. Within one year of receiving the petition, the agencies must publish a finding on whether listing a particular species is warranted.
    3. If the agencies do not meet these timelines, citizens and groups are permitted under the Endangered Species Act to sue the agencies to enforce the timelines so that the species receives federal protection.
    4. When a species is listed, the government is required to review its status every five years.

    Delisting a species

    See also: Delisting a species

    The gray whale, which migrates south off the California coast, was removed from the federal endangered species list in 1994 due to recovery.

    Delisting is the process of removing the endangered or threatened status of species. Downlisting is a reclassification of status by the U.S. Fish and Wildlife Service or the National Oceanic and Atmospheric Administration (NOAA) from endangered to threatened. When the service delists or downlists a species, this generally means that the recovery or conservation of a species has been successful. To delist a species, the agencies must determine that the species is not threatened based on population size, stability of habitat quality and quantity, and control or elimination of threats to the species. Species are also delisted if they become extinct.[18][19][20]

    As of July 2016, 63 endangered or threatened species had been delisted. Of those species, 34 were delisted due to recovery, 19 species were listed in error (for scientific reasons or because new information about a species was discovered), and 10 species went extinct.[18]

    Provisions

    See also: Private property and the Endangered Species Act

    Taking a species

    The Endangered Species Act makes the taking of an animal on the endangered or threatened species list illegal. According to the act, to take is to "harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct." The U.S. Fish and Wildlife Service further defines harm to mean "an act which actually kills or injures wildlife." According to the act, harassment of a species is defined as "an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering." State governments may apply further restrictions on the taking of an endangered or threatened species. Any individual that knowingly takes a listed species can be fined up to $25,000 by the federal government for each violation. The text of the law outlining federal penalties can be accessed here.[4][21][22][23]

    Federal law prohibits individuals from engaging in interstate or foreign commerce with a federally protected plant species. Federal law also prohibits taking (e.g., moving, damaging or destroying) a protected plant on federal property. However, individuals may take, move, damage, or destroy a federally protected plant on private land, unless a state law prohibits such activity.[24]

    Private activities requiring permits

    In addition to taking a species, delivering, receiving, selling, purchasing, or transporting a threatened or endangered animal species is prohibited without a permit, whether the species is alive or dead. Permits are also required for individual or group activities that involve interfering with a species' habitat. Individuals engaging in activities that might result in the taking of a protected species must abide by a Habitat Conservation Plan (HCP), which includes information on how to mitigate or minimize any impacts to the species or its habitat.[25]

    Regional offices of the U.S. Fish and Wildlife Service (FWS) issue incidental take permits. An incidental take permit is required if an activity may result in the taking of a threatened or endangered species. Those who apply for this permit must submit a habitat conservation plan to the proper federal or state authority ensuring that the effects of taking the species will be minimized and mitigated.

    According to the U.S. Fish and Wildlife Service, nearly half of all federally protected threatened and endangered species have at least 80 percent of their habitats on private land. This means that private landowners, which include private citizens, businesses, and organizations, must cooperate with federal agencies to conserve listed species.[26]

    Private parties may be required to work with the Fish and Wildlife Service in the following ways:

    • Habitat Conservation Plans (HCPs) are implemented by non-federal groups (state governments, private individuals, and groups) in consultation with the Fish and Wildlife Service. The plans are required in order to obtain incidental take permits. Habitat Conservation Plans contain information on the predicted effects of taking a species, how these effects will be minimized or mitigated, and how the plan will be funded. Meanwhile, the U.S. Fish and Wildlife Service attempts to assure property owners that they will not face additional land restrictions beyond those outlined in their Habitat Conservation Plans. The plans can be applied to listed species, candidate species, species proposed for listing, and non-listed species (usually for the purpose of preventing future listing).[27]
    • Candidate Conservation Agreements are made by the Fish and Wildlife Service with non-federal property owners to provide incentives for conserving candidate species so that they are not listed as endangered or threatened.[28]

    Affected governmental activities

    Federal law requires conservation programs for all listed endangered and threatened species and their habitats. This requirement can affect all federal agencies.

    • Consultations are partnerships between the Fish and Wildlife Service and federal agencies. Federal law requires all federal agencies to participate in conserving listed species, stipulating that agency activities must not be "likely to jeopardize the continued existence of listed species or adversely modify designated critical habitats." Consultations can involve recovering the habitats of listed species, addressing threats to listed species from federal programs or actions, and coordinating projects and resources between federal agencies. Examples of federal activities that require require consultations include oil and natural gas drilling on federal land, offshore drilling in areas owned by the federal government, and oil and gas activities affecting wetlands or other waters of the United States.[29] [30]
    • Recovery is a process to halt the decline of endangered or threatened populations by removing or reducing threats. In its recovery efforts, the Fish and Wildlife Service collaborates with federal, state, and local agencies, as well as conservation groups, businesses, private individuals, and volunteers. According to the Fish and Wildlife Service, recovery plans are implemented "to stabilize, recover, and ultimately delist" threatened and endangered species.[31]

    Governance

    Federal and state agencies

    • The U.S. Fish and Wildlife Service (FWS) is a federal agency responsible for the Endangered Species Act. The agency recovers and conserves endangered or threatened species. The agency also classifies endangered or threatened species. The agency's enacted budget for fiscal year 2014 totaled $2.79 billion.[32][33]
    • The Tennessee Wildlife Resources Commission is responsible for managing and conserving the state's endangered species.[34]

    Federal grants

    2015

    The table shows the amounts Tennessee received under the Recovery Land Acquisition Grant program in fiscal year 2015. These grants were given to fund land acquisition.

    Federal grants for land acquisition in fiscal year 2015
    Area Grant Cost per acre* Purpose
    Cumberland County $511,890 N/A This grant went toward habitat conservation plans for aquatic and forest habitat, which are home to listed species like the Indiana bat, gray bat, and the spotfin chub (a fish species).
    *Cost per acre was calculated by dividing the grant cost by the total number of acres conserved. Some funds may have gone to activities other than land acquisition.
    Source: U.S. Fish and Wildlife Service, "FY 2015 Cooperative Endangered Species Conservation Fund Project Descriptions Arranged by State"

    2014

    The table shows the amounts Tennessee received under the Recovery Land Acquisition Grant program in fiscal year 2014. These grants were given to fund land acquisition.

    Federal grants for land acquisition in fiscal year 2014
    Area Grant Cost per acre* Purpose
    Davidson County $800,000 $328.54 This grant went toward acquiring 2,435 acres for habitats near the Caney Fork River, which is home to two endangered aquatic species, the bluemask darter (a fish species) and the Cumberland pigtoe (a mollusk species). The land acquired was also used to protect imperiled bats, such as the gray and Indiana bats.
    *Cost per acre was calculated by dividing the grant cost by the total number of acres conserved. Some funds may have gone to activities other than land acquisition.
    Source: U.S. Fish and Wildlife Service, "FY 2014 Cooperative Endangered Species Conservation Fund Project Descriptions Arranged by State"

    Recent news

    The link below is to the most recent stories in a Google news search for the terms Tennessee endangered species. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

    See also

    • Environmental policy in the U.S.

    • Energy policy in Tennessee

    • Environmental policy in Tennessee

    External links

    Footnotes

    1. U.S. Fish and Wildlife Service, "Improving ESA Implementation," accessed May 15, 2015
    2. U.S. Fish and Wildlife Service, "ESA Overview," accessed October 1, 2014
    3. 3.0 3.1 Cornell University Law School, "16 U.S. Code, Section 1535 (Endangered Species Act)," accessed September 26, 2014
    4. 4.0 4.1 4.2 U.S. Fish and Wildlife Service, "ESA Basics," accessed September 26, 2014
    5. U.S. Fish and Wildlife Service, "Candidate Species: Section 4 of the Endangered Species Act," accessed November 1, 2015
    6. U.S. Fish and Wildlife Service, "Delisting a Species - Section 4 of the Endangered Species Act," accessed August 27, 2015
    7. U.S. Fish and Wildlife Service, "Glossary," accessed November 17, 2014
    8. U.S. Fish and Wildlife Service, "Summary of Listed Species Listed Populations and Recovery Plans," accessed December 1, 2015
    9. U.S. Fish and Wildlife Service, "Glossary," accessed September 5, 2017
    10. U.S. Fish and Wildlife Service, "Recovery," accessed October 13, 2015
    11. U.S. Fish and Wildlife Service, "Endangered Species Act - Section 3," accessed October 7, 2015
    12. U.S. Fish and Wildlife Service, "Endangered and threatened species in Tennessee," accessed July 6, 2016
    13. U.S. Fish and Wildlife Service, "Endangered and threatened species in Tennessee," accessed July 6, 2016
    14. U.S. Fish and Wildlife Service, "Species listed in each state based on published historic range and population data," accessed May 30, 2016
    15. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    16. U.S. Government Printing Office, "U.S. 16 §1533. Determination of endangered species and threatened species (under the Endangered Species Act," accessed April 1, 2015
    17. Earth Justice, "Citizens' Guide to the Endangered Species Act," accessed April 7, 2015
    18. 18.0 18.1 U.S. Fish and Wildlife Service, "Delisted Species Under the Endangered Species Act (ESA)," accessed May 18, 2015
    19. U.S. Fish and Wildlife Service, "Section 4 of the Endangered Species Act," accessed September 26, 2014
    20. Regional Perspectives in Marine Biology, "Recruitment in Coral Reef Fish Populations," accessed July 8, 2015
    21. U.S. Environmental Protection Agency, " Endangered Species Act (ESA) Requirements for Construction Activities," accessed September 26, 2014
    22. National Wildlife Service, "Endangered Species Act," accessed January 29, 2015
    23. Lieberman & Belcher, "What Constitutes Harassment of an Endangered Species," March 17, 2015
    24. U.S. Fish and Wildlife Service, "The Application of the Endangered Species Act with Respect to Plants in Virginia," accessed July 2, 2015
    25. U.S. Fish and Wildlife Service, "Permits," accessed January 8, 2015
    26. U.S. Fish and Wildlife Service, "Our Endangered Species Program and How It Works with Landowners," accessed July 1, 2015
    27. U.S. Fish and Wildlife Service, "Habitat Conservation Plans (Section 10 of the Endangered Species Act)," accessed July 7, 2015
    28. U.S. Fish and Wildlife Service, "Candidate Conservation Agreements Fact Sheet," accessed July 8, 2015
    29. Houston Bar Association, "The Endangered Species Act and the Oil and Gas Industry," November 13, 2013
    30. U.S. Fish and Wildlife Service, "Consultations with Federal Agencies (Section 7 of the Endangered Species Act)," accessed July 7, 2015
    31. U.S. Fish and Wildlife Service, "Endangered Species Recovery Program," accessed July 7, 2015
    32. U.S. Department of the Interior, "Fiscal Year 2015: The Interior Budget in Brief," March 2014
    33. U.S. Fish and Wildlife Service, "Overview," accessed November 17, 2014
    34. Tennessee Wildlife Resources Commission, "Endangered and threatened species," May 22, 2015

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