Q & A: The Endangered Species Act

Posted: 01-Jan-1999; Updated: 13-Jun-2005

The Endangered Species Act (ESA) is a federal law passed by Congress in 1973. Its purpose is to provide a means of assuring the preservation of plant and animal species that are currently in danger of extinction (endangered species) or that are likely to become so in the foreseeable future (threatened species).

Q Why Do We Need a Law to Protect Endangered Species?
A The current rate of species extinctions is greater than at any time in human history. The loss of biological diversity affects us in many ways -- not only are plants and animals an invaluable source of beauty and pleasure, but they also contribute to our economy by providing us with agricultural crops, medicines, and other useful products. We have already lost much of our nation's biological heritage -- including the passenger pigeon, the Carolina parakeet, and the sea mink -- but a strong Endangered Species Act can help us save what remains for future generations.

Q How Are Species Designated for Protection?
A The U.S. Fish & Wildlife Service (of the Department of the Interior) and the National Marine Fisheries Service (of the Department of Commerce) designate land and marine species, respectively, as endangered or threatened, based on scientific evidence that the species is in danger of extinction in a significant part of its range, or likely to be become so in the future. This process can start with a petition from any organization or private citizen and includes public notification and an opportunity for public comment.

Q What Protections Apply to Endangered or Threatened Species?
A Endangered species cannot be purchased or sold in interstate or foreign commerce. Endangered animal species cannot be killed, hunted, collected, injured, or otherwise subjected to "harm." The same restrictions apply to plants, except on private land, where the "take" of plants is not prohibited. Section 7 of the ESA requires that federal agencies ensure that actions they approve, fund, or carry out do not jeopardize the continued existence of a listed species or destroy its critical habitat. In addition to the above prohibitions, endangered species benefit from the recovery planning process, which may involve any of a variety of actions, including federal funding of state agencies on behalf of the species, purchase of land, and last resort measures such as captive breeding. Protections for threatened plants and animals are more flexible than those for endangered species, but in the case of a particular species may include any and all of the above measures.

Q Does The Endangered Species Act Impede Economic Development?
A The Endangered Species Act incorporates flexible measures so as to avoid conflicts with economic growth. For federal agencies, the vast majority of ESA Section 7 consultations with the U.S. Fish & Wildlife Service either permit projects to proceed unaltered or with minor modifications. In the rare instance where no reasonable alternatives exist for an essential project, the ESA provides a means of exemption from Section 7. For private citizens and organizations, Section 10 of the ESA allows "incidental take" in the course of legal activity by those who apply for a permit to mitigate such "take" through a habitat conservation plan. However, the law could do more to benefit endangered species by encouraging private landowners to maintain or create habitat for imperiled species. Environmental Defense is working to incorporate such incentives into the law.

Q What Role Do States and Private Citizens Play In Species Conservation?
A States and the federal government often work together to aid endangered species, such as the bald eagle and the black-footed ferret. Most states have adopted endangered species laws that complement the federal ESA. Private citizens have often played essential roles in endangered species recovery, from submitting petitions which initiate listing procedures to on-the-ground efforts to restore species. One way in which landowners can aid imperiled species is through "Safe Harbor" agreements. Through this innovative program, developed by Environmental Defense and U.S. Fish & Wildlife Service, a landowner can maintain or create habitat for threatened or endangered species without fear of incurring additional legal obligations.