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Protecting Our Wildlife
Endangered Species Act (ESA)
Purpose
History
How Does ESA Work
Post Passage of the ESA
Take Action
Purpose Back to Top
In December 1973, President Richard M. Nixon signed the Endangered Species Act (ESA) into law. The act:
- defined “endangered” and “threatened” [section 3];
- made plants and all invertebrates eligible for protection [section 3];
- applied broad “take” prohibitions to all endangered animal species and allowed the prohibitions to apply to threatened animal species by special regulation [section 9];
- required Federal agencies to use their authorities to conserve listed species and consult on “may affect” actions [section 7];
- prohibited Federal agencies from authorizing, funding, or carrying out any action that would jeopardize a listed species or destroy or modify its “critical habitat” [section 7];
- made matching funds available to States with cooperative agreements [section 6];
- provided funding authority for land acquisition for foreign species [section 8]; and
- implemented CITES [Convention on International Trade of Endangered Species of Wild Fauna and Flora] protection in the United States [section 8].
History Back to Top
Predating the ESA, Congress passed the Endangered Species Preservation Act of 1966 authorizing the secretary of the Interior to list endangered domestic fish and wildlife. In March 1967, the first list of endangered species was issued; it included 14 mammals, 36 birds, 6 reptiles and amphibians, and 22 fish.
Three years later, Congress amended the Act, creating the Endangered Species Conservation Act of 1969, to include invertebrates and to provide additional protection to species in danger of worldwide extinction by prohibiting their importation and subsequent sale in the United States. This Act called for an international meeting to focus on conservation of endangered species around the globe. The meeting was held in Washington, D.C., in February 1973, at which time the Convention on International Trade of Endangered Species of Wild Fauna and Flora (CITES) agreement was signed.
How Does ESA Work Back to Top
Two federal agencies are responsible for administering and enforcing the ESA: U.S. Fish and Wildlife Service (FWS) and U.S. National Oceanic and Atmospheric Administration (NOAA). They share responsibility for species that inhabit both marine and land areas; FWS is further responsible for all marine species; NOAA for freshwater fish.
According to FWS, to be considered for listing, a species must be endangered or threatened for any of the following reasons:
- the present or threatened destruction, modification, or curtailment of its habitat or range
- overutilization for commercial, recreational, scientific, or educational purposes
- disease or predation
- inadequacy of existing regulatory mechanisms
- natural or manmade factors affecting its continued existence
A species can be listed either by FWS or NOAA directly, or an individual or organization can petition FWS or NOAA to list the species.
The process can be lengthy; but once a species has been listed, FWS or NOAA has one year to list its critical habitat. However, in reality, the time lag is anywhere from two to several years before habitat is listed. Loss of critical habitat is the primary threat to most endangered species, which is why the ESA 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.
The ESA also includes a citizen suit clause, which allows individuals to sue the government to enforce the law.
Post Passage of the ESA Back to Top
Since passage of the ESA, with the exception of the years 2001-08, the number of threatened or endangered species added to the list has increased steadily from 15 listings a year to 65 a year. From 2001-08, the average was only 8 a year.
Animals and plants may be delisted once threats to their existence have been eliminated or controlled and the population has grown. FWS or NOAA must consider the habitat to be stable enough to continue to support the delisted animal or plant. Two animals delisted in 2009 were gray wolves of the Northern Rocky Mountains and the Virginia northern flying squirrel. The bald eagle was delisted in 2007. Other delisted animals include the peregrine falcon and the grizzly bear.
Since 1973, the ESA has been amended several times. Some of the amendments include:
- authorizing the secretary of Defense to specify exemptions for reasons of national security
- requiring a status report to Congress on recovery plans every two years
- requiring five-year monitoring for species that have recovered and been delisted
- increasing civil and criminal penalties provided under section 11
In 1982, Congress amended the ESA to provide landowners with an 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, such as initiating construction in a critical habitat area, 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.
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 or she 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.
Take Action to Support the Endangered Species Act
What can you do to support the Endangered Species Act? First, leave wildlife and plants in the wild. By not disturbing natural habitats, wildlife can continue to live wild and free lives. Other humane actions include:
- Learn what species—plants and animals—are endangered in your locale.
- Support legislation that protects wildlife and plants.
- Attend workshops and seminars on how to minimize your impact on wildlife in your area.
December 2009 Back to Top |
