Endangered Species Act

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Summary

• The Federal Endangered Species Act of 1973, as amended (16 USC 1531 et seq.) (Act), is a mechanism for the protection and recovery of species threatened with extinction, and includes, but is not limited to, the following:
  
  
  1) A process to list species in danger of becoming extinct (ß4),
  2) A prohibition on "take" of threatened and endangered species (ß9), and
  3) Processes for exemption from ß9 take prohibitions when take is incidental to, and not the purpose of, otherwise lawful activities ("incidental take"--ß7 and ß10).
  
  
  The Act is administered by the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS). NMFS is generally responsible for marine species, anadromous fish, and sea turtles while they are in the water, but not birds. USFWS is responsible for birds, terrestrial and freshwater species, sea otters, and sea turtles while they are on land.
  
  
• ß7 of the Act requires Federal agencies to use their authorities to conserve endangered species. It further directs Federal agencies to consult with USFWS or NMFS if any action they authorize, fund, or carry out "may affect" any species listed or proposed to be listed, or any critical habitat designated or proposed to be designated under the Act, whether the effect is beneficial or adverse. ß7 provides a mechanism for "incidental take," provided the "taking" will not jeopardize the continued existence of any listed species, or destroy or adversely modify critical habitat.
  
  For example, if the issuance of a Clean Water Act ß404 permit by the U.S. Army Corps of Engineers may affect any listed species, the Corps must consult with USFWS on the effects of the issuance of that permit.
  
  
• ß9 of the Act prohibits "take" (i.e. to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct) of any threatened or endangered species. Harm is further defined to include significant habitat modification or degradation that results in death or injury to listed species by significantly impairing behavioral patterns such as breeding, feeding, or sheltering.
  
  
• Under ß10 of the Act, non-Federal entities can apply for a permit (A) excepting them from the "take" prohibition for scientific purposes to aid the species recovery, or (B) for "incidental take," when the project or activity does not involve a Federal action. This latter permit involves developing a Habitat Conservation Plan with the USFWS or NMFS.
  
  
• Upon request, USFWS and NMFS will provide a "species list" for a particular area including species that are listed, proposed, or are candidates for listing under the Federal Endangered Species Act. Species that have been listed only by the State of California are not included. There is no charge for a species list.