Endangered Species Act: An Overview

 

President Nixon signed the Endangered Species Act of 1973 (ESA) to protect imperiled species and the ecosystems on which they depend.  This act applies to plants, invertebrates and vertebrates of all kinds that are in danger of becoming extinct due to economic growth and development.

The two federal agencies responsible for administering and enforcing the ESA are the U.S. Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration (NOAA).  FWS is responsible for all marine species, NOAA is responsible for freshwater fish and all other species, and they share responsibility for species that habitat both marine and land areas. 

Through the ESA, these agencies protect species that have been listed as endangered or threatened.  Endangered animals are those who are in danger of extinction in all or most of their range.  Threatened animals are those who are at risk of becoming endangered. 

There are two ways a species can become listed on either list.  1) FWS or NOAA takes the initiative to list the species, and 2) FWS or NOAA is petitioned by an individual or organization to research the species.  If it is found to be endangered or threatened, it is added.  The ESA also includes a citizen suit clause, which allows individuals to sue the government to enforce the law.

 

The ESA not only protects wildlife and critical habitats, but also enforces laws prohibiting killing, importing, exporting, possessing, selling, delivering, carrying, transporting, and shipping any endangered species without permission.  One exception to this law is if an individual can show proof that he committed one of these acts in self-defense, or in defense of another person.  The law also allows exceptions for accidentally killing a listed animal while farming.

 

Loss of critical habitat is the primary threat to most endangered species, which is why the original ESA in 1973 designated protected areas “critical habitat zones.”  These areas are not to be developed; however, FWS and NOAA have the right to exclude any area if they determine the cost to exceed the benefit.  Also, the ESA requires that critical habitat be determined within one year after a species is placed on the endangered list, yet the actual average time between the two is several years.

 

Congress amended the ESA in 1982 to provide landowners with incentive to participate in conservation. This amendment allows landowners to prepare a “Habitat Conservation Plan” that meets certain criteria. Private landowners can then obtain “Incidental Take Permits” allowing them to impact endangered species in a way prohibited to other individuals. Conservation plans must specify:

 

  • Impact to the species that will occur
  • Steps taken to minimize incidental take
  • Available funding
  • Alternative actions considered but not taken
  • Other necessary measures 

FWS or NOAA will then review the plan and determine the need for an incidental take permit, pending that this will not reduce the survival chances of the species.

 

For more information about the Endangered Species Act, please go to www.nmfs.noaa.gov/pr/pdfs/laws/esa.pdf.