Endangered Species Act

ESA and Private Lands

>90% of listed species occur on private lands, and 2/3's have the majority of their habitat on private lands. Habitat Conservation Plans and Safe Harbor Agreements are two ways that private land owners are allowed limited take on their lands while providing habitat and other plans to offset the take.

"God Squad"

A Committee of six federal officials and a representative from affected states decide whether to allow an activity to proceed despite future harm to a species. (Amendment to ESA passed in 1978)

H.R. 3824

An act almost passed in 2005 that would have severely weakened the ESA. Standards for listing a species as endangered would have been raised significantly; Section 7 Consultations would have eliminated mandatory consultations with the FWS and NOAA Fisheries and replace them with voluntary measures; allow developers to "take" endangered species if the government could not assess risk in a very limited period; taxpayers would have had to to pay developers for the most expensive potential use of the land if an endangered species prevented development; recovery teams would have included representatives from special-interest stakeholder groups.

ESA Section 4 - How Species are Listed

Anyone can petition to have a species listed, or reclassified as endangered or threatened, or removed from the list; the ESA provides specific procedures on how species are to be evaluated; listing decision are supposed to be based on the "best available science"; economics should not be considered in listing decision.

Organization of ESA

Divided into 18 sections that work together to provide: a framework for identifying species in need of protection; requirements to plan for and implement recovery; a framework to work together with partners and the public; a process to identify recovery accomplishments and remove species from the list; the requirements to monitor recently delisted species.

Safe Harbor Agreements

Landowner agrees to alter the property to benefit a listed or proposed species in exchange for the ability to "take" species in the future (above a pre-determined level).

Habitat Conservation Plans

Landowner develops a plan to offset any harmful effects the proposed activity might have on the species and receives an "incidental take permit". The number of incidental takes is limited.

Endangered Species Conservation Act

Passed in 1969; passed to provide additional protection of species in danger of "worldwide extinction". Import of such species was prohibited, as well as their subsequent sale within the U.S.

Endangered Species Act

Passed in 1973; it's mission is to provide a means whereby the ecosystems upon which endangered and threatened species depend may be conserved, and to provide a program for the conservation and recovery of such endangered and threatened species. Its scope expanded to include invertebrates and plants and non-federal lands.

Endangered Species Preservation Act

Passes in 1966; allowed listing of US vertebrates as endangered and provided limited means for the protection of such species. However, no protection on private or state-owned lands.

ESA Section 4 - Recovery Plans and Teams

Recovery Plans are the central organizing tool for guiding the recovery process for each species; the appropriate Secretary (Interior or Commerce) must develop recovery plans for the conservation and survival of listed species; recovery plans are prepared by a Recovery Team appointed by the appropriate Secretary; parts of the plan are advisory, but some parts of the plan must be followed.

ESA Section 4 - Listing Criteria

Section of ESA that establishes the criteria used to list species: present or threatened destruction, modification, or curtailment of habitat; over-utelization for commercial, recreational, scientific, or educational purposes; disease or predation (usually by an exotic); inadequacy of existing regulatory mechanisms; other natural or manmade factors affecting continued existence.

ESA Section 7

Section of the ESA that specifies federal agency actions and consultation; each Federal Agency is responsible for insuring that any action authorized, funded, or carried out by such agency is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of habitat of such species.

Incidental Take

Take that results from some activity that is not unlawful.

ESA Section 9

This section of the ESA specifies prohibited acts. Endangered species of fish or wildlife - illegal to possess, sell, deliver, carry, transport, or ship any such species; import any species into, or export any species from the U.S.; "take" any such species within the U.S. or on the high seas. Take does not apply to plants or invertebrates on private lands in many circumstances.

Take

To intentionally harm, harass, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct. Harm includes significant habitat degradation. Penalties are up to $50,000, imprisonment for one year, or both.

Administration of the ESA

U.S. Fish and Wildlife Service (Department of the Interior) for terrestrial and freshwater species and some marine mammals; NOAA Fisheries (Commerce Department) for marine and anadromous species; U.S. Geological Survey conducts research on species for which the U.S. FWS has management authority; management activities are carried out by many federal, state, and non-governmental groups.

Endangered

Under the ESA, a species that is in danger of extinction within the foreseeable future throughout all or a significant portion of its range.

Threatened

Under the ESA, a species that is likely to become endangered within the foreseeable future throughout all or a significant portion of their range.

Species

Under the ESA, any subspecies of fish or wildlife or plants or any distinct population segment of any species of vertebrate fish or wildlife. Plants and invertebrate populations do not typically get special consideration.