The Endangered Species Act of 1973 16 U.S.C. 15311543

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The Endangered Species Act of 1973 16 U.S.C. 15311543

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Title: The Endangered Species Act of 1973 16 U.S.C. 15311543

1
The Endangered Species Act of 197316 U.S.C.
1531-1543

LRES 560

Pallid Sturgeon Scaphirhynchus albus
Ozark Big-Eared Bat Plecotus townsendii ingens
2
History of the Endangered Species Act

Congress passed the Endangered Species
Preservation Act in 1966. This law allowed
listing of only native animal species as
endangered and provided limited means for the
protection of species so listed. The Endangered
Species Conservation Act of 1969 was passed to
provide additional protection of species in
danger of worldwide extinction . Import of
such species was prohibited, as was their
subsequent sale within the U.S. This Act called
for an international meeting to adopt a
convention on the conservation of endangered
species.

3
CITES

A 1973 conference in Washington led to the
signing of the Convention on International Trade
in Endangered Species of Wild Fauna and Flora
(CITES), which restricted international commerce
in plant and animal species believed to be
actually or potentially harmed by trade.
Endangered Species Act passed later in 1973.
CITES only addresses trade issues and not habitat

4
Congressional Findings-1973

Various species of fish, wildlife and plants of
the U.S. have been rendered extinct as a
consequence of economic growth
Other species of fish, wildlife and plants have
been so depleted in numbers that they are in
danger of or threatened with extinction
These species of fish, wildlife and plants are
ofvalue to the Nation and its people
The U.S. has pledged itself as a sovereign state
in the international community to conservethe
various fish, wildlife and plant species facing
extinction.

5
Purpose

The purposes of this Act are to provide a means
whereby the ecosystems upon which endangered
species and threatened species depend may be
conserved

6
Section 3 Listing

A species may be classified for protection as
endangered when it is in danger of extinction
within the foreseeable future throughout all or a
significant portion of its range
A threatened classification is provided to
those animals and plants likely to become
endangered within the foreseeable future
throughout all or a significant portion of their
ranges.

7
Currently listed species

As of July 31, 2001, 1,062 species of animals and
740 species of plants had been listed as either
endangered or threatened, of which the majority
(507 species of animals and 737 species of
plants) occur in the United States and its
territories and the remainder only in other
countries. Of the 1,244 U.S. species, 972 were
covered in recovery plans.

8
Listing Protection

The protection of the ESA extends to all species
and subspecies of animals (not just birds and
mammals), although for vertebrates, protection
can be applied at the level of distinct
population segments (e.g., wolves, grizzly bears)
or evolutionarily significant units (e.g.,
anadromous fish such as salmon and trout) within
a species. More limited protection is available
for plant species under the ESA. (16 U.S.C. 1532)

9
How do species get listed?

Anyone may petition to have a species listed or
reclassified as endangered or threatened, or
removal from the list.
The Act provides very specific procedures on how
species are to be placed on the list (e.g.
criteria, public comment, hearings,
notifications)
Species are selected by the Service from a
candidate list. To become a candidate the
Service relies largely on petitions.

10
Listing criteria

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 and
other natural or manmade factors affecting its
continued existence.

11
Section 7 Federal Agency Actions and
Consultations

Each Federal Agency shall insure that any action
authorized, funded or carried outby such agency
is not likely to jeopardize the continued
existence of any endangered species or threatened
species or result in the destruction or adverse
modification of habitat of such species

12
Section 9 Prohibited Acts

With respect to endangered species of fish or
wildlife it is unlawful for any personof the
U.S. to
Import any species into, or export any species
from the U.S.
Take any such species within the U.S.
Take any such species upon the high seas
Possess, sell, deliver, carry, transport, or ship
any such species
Deliver, receive, carry, transport, or ship any
such species

13
Section 9 Prohibited Acts

With respect to any endangered species of plants
it is unlawful for any person to-
Import any species into or export any such
species from the U.S.
Remove and reduce to possession any such species
from areas under Federal jurisdiction
maliciously damage or destroy any such species on
any such area or remove, cut dig up, or damage
or destroy any such species
Deliver, receive, carry, transport, sell or offer
for sale any such species

14
Administration of the ESA

U.S. Fish and Wildlife Service (FWS) for
terrestrial and freshwater species and some
marine mammals
National Marine Fisheries Service (NMFS) for
marine and anadromous species
U.S. Geological Survey's Biological Resources
Division conducts research on species for which
the FWS has management authority

15
Congressional Status of the Endangered Species Act

The 107th Congress may consider whether to
reauthorize and amend the Endangered Species Act
of 1973 (ESA). Major issues in recent years have
focused on whether to incorporate further
protection for property owners and reduce
regulatory impacts, or whether to increase the
protection afforded listed species
Authorization for spending under ESA expired on
October 1, 1992, although Congress has
appropriated funds in each succeeding fiscal year
The ESA has been amended many times and assorted
appropriations riders have affected its
implementation

16
Famous Endangered SpeciesThe Snail Darter

Construction of the Tellico Dam was halted when
the Secretary of the Interior declared the snail
darter endangered. Its habitat was thought to be
limited to the part of the Little Tennessee River
that was to be inundated by the reservoir behind
the dam.
Lawsuit filed reached the Supreme Court which
held that the ESA required termination of the dam
project even though 53 million had already been
spent.
The dam was eventually built and the snail darter
relocated.

17
Famous Endangered SpeciesThe Northern Spotted Owl

A 1990 listing resulted in termination of logging
activity on millions of acres of Pacific
Northwest forests. The forests were protected as
owl habitat. Significant economic harm resulted
to the timber industry. The issue became a
national political concern.

18
Key ConceptsCritical Habitat

If a species is listed, the appropriate Secretary
must designate critical habitat (areas where the
species is found, and any other areas where
features essential to the species' conservation
exist) at the time of listing
As a practical matter, CH has not been designated
for many listed species because FWS regards
listing as providing the bulk of species
protection, while CH designation adds only a
marginal increment

19
Key ConceptsTake

ESA 9 prohibits everyone, private person and
federal agency alike from taking endangered
wildlife. Take includes harming a listed
species, and harm is defined by FWS regulation
to include habitat alteration
Harm in the definition of take in the Act means
an act which actually kills or injures wildlife.
Such acts may include significant habitat
modification or degradation where it actually
kills or injures wildlife by significantly
impaction essential behavioral patterns,
including breeding, feeding or sheltering.
The prohibition against take covers fish and
wildlife, but not plants

20
Key ConceptsRecovery Plan

The appropriate Secretary must develop recovery
plans for the conservation and survival of listed
species. Early recovery plans tended to cover
birds and mammals, but a 1988 amendment forbade
the Secretary from favoring particular taxonomic
groups. (16 U.S.C. 1533)
The ESA and regulations provide little detail on
the requirements for recovery plans these plans
are not binding on federal agencies or others.

21
Exemptions and theGod Squad

Proponents of federal action may apply for an
exemption from 7(a)(2) of the ESA for that
action (not for a species). Under the ESA, a
Committee (commonly called the "God Squad") of
six specified federal officials and a
representative of each affected state must decide
whether to allow a project to proceed despite
future harm to a species at least five votes are
required to pass an exemption.
To date, three applications for exemption from
the ESA have been considered by the Committee,
with only one exemption (Grayrocks Dam, WY) fully
granted.

22
Is extinction normal?

Yes, the majority of species which ever lived on
earth are now extinct
However, the rate of extinction at the present
time is hundreds or thousands of times higher
than observed over geologic time

23
Does the ESA work?

only 11 species (including the American
alligator, peregrine falcon, Aleutian Canada
goose, eastern Pacific gray whale, and brown
pelicans along the U.S. Atlantic coast) have been
delisted due to recovery, as of August 1, 2001
only seven species (including the longjaw cisco,
blue pike, and dusky seaside sparrow) are
believed to have become extinct since their
listing
a large number of species (41 of listed species,
according to one study) have improved or
stabilized their populations

24
Why does extinction occur?From E.O. Wilson, The
Future of Life, 2002