Endangered Species Act

The Endangered Species Act (ESA), enacted in its current form in 1973, is the boldest, most protective U.S. federal environmental law ever written. To forestall massive extinction of species by human activity, it seeks to prevent extinction of any plant or animal species in the United States by protecting both the species and the ecosystems on which they depend. In addition, in restricting the import and export of endangered and threatened species and possession of illegally taken wildlife, the statute implements the protections given to animal and plant species worldwide by the Convention on International Trade in Endangered Species of Wild Fauna and Flora, restricting international commerce in plant and animal species harmed by trade. Although the ESA has been amended four times since 1973, the essential protections provided by the act remain largely undiminished.

The ESA identifies species to be protected by listing them as endangered or threatened (E&T) species. Species in the ESA include species, subspecies, or distinct populations of a species. Endangered species are species that are in danger of extinction throughout all or a significant part of their range. Threatened species are species that are likely to become endangered in the foreseeable future. All plant and animal species, except pest insects, are eligible for listing.

Listing of a species as endangered or threatened may be initiated by the agencies that administer the ESA—the National Atmospheric and Oceanic Administration National Fisheries (NOAA Fisheries), which protects marine species, and the U.S. Fish & Wildlife Service (FWS), which protects all other species—or by a citizen petition. When considering whether to list a species, the agency focuses solely on the biological status of the species and threats to the species' continued existence. The agency considers five factors: (1) damage or destruction of the species' habitat; (2) human overuse of the species; (3) nonhuman dangers to the species, such as disease and predation; (4) the inadequacy of existing protection of the species; and (5) other human and natural factors that affect the continued existence of the species. Listing decisions are made through notice and comment rulemaking, using the best available scientific and commercial information. The benefits and costs of listing a species as endangered or threatened cannot be considered in making the listing decision. Within the agency, listing documents are subject to peer review of other scientists. During the second term of President George W. Bush, the FWS was racked by scandal when a political official in the Interior Department intervened in listing and other decisions that must be based on science. Ultimately, after an internal investigation, the official resigned and FWS was forced to revise dozens of FWS decisions.

Because of habitat loss, the Florida panther has become one of the most endangered animals in the United States, with an estimated population of only 90–100 left in the wild.

Source: U.S. Fish & Wildlife Service

[Page 145]Of the nearly 1,900 species listed worldwide as endangered or threatened, over 1,300 reside in the United States. There are an additional 69 species currently proposed for listing.